Agenda and minutes

The Council is asked to note any apologies for absence received from Members.

Apologies for absence were submitted on behalf of Councillors Allen, Baker, Cawthron, Codling, Coley, Davis, Fowler, Knowles, Nash and Skeels.

The Council is asked to approve, as a correct record, the minutes of the budget and council tax setting meeting of the Council held on Tuesday 15 February 2022.

RESOLVED that the minutes of the budget and council tax setting meeting of the Council held on Tuesday 15 February 2022 be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

Councillor Fairley declared a Personal Interest in respect of Agenda Item 14 – Report A.2 – Freeport East Business Case insofar as a relative was a landowner of a field at Horsley Cross which was proposed, within the bid, to be the location for a Customs site. However, she had applied the test within the Members’ Code of Conduct and in view of the current high level stage of the proposals she did not consider herself to be prejudiced on this matter and so she would remain in the meeting.

The Council is asked to note any announcements made by the Chairman of the Council.

The Chairman of the Council (Councillor Bray) informed Members that he had spent time in recent weeks raising money and generally helping out with charitable efforts relating to the crisis in the Ukraine. He had been overjoyed to see the immense public response across the District and he thanked everyone involved.

The Council is asked to note any announcements made by the Chief Executive.

There were no announcements by the Chief Executive on this occasion.

The Council is asked to note any statements made by the Leader of the Council. 

Councillors may then ask questions of the Leader on his statements.

There were no statements by the Leader of the Council on this occasion.

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

Action on Climate Change Update

The Environment and Public Space Portfolio Holder (Councillor Talbot) made the following statement:-

“Herewith my report to all Fellow Councillors on the latest business with TDC’s Climate Change Agenda, where it may appear we have lots of words and not much action, but things are slowly moving forward.

With every Authority in the country seeking the services of a contractor to supply their requirements, this obviously puts contractors in the driving seat to some extent, but our officers are working to achieve the best packages for Tendring.

Totally within our direct control are our intentions to fit Solar Panels and necessary battery storage to our Council Houses and Public Buildings, and next Tuesday Lee Heley and Tim R. Clarke are meeting the consultant for a scheduled 1.5-hour session to discuss opportunities for solar energy derived from panels on the rooves of our council homes and the viability of more commercially focused schemes.

The Green Homes Grant scheme phase 2 delivered by the South Essex Energy Hub seeks to save energy wasted through current inefficient home insulation. Currently we have the highest referral rate of interested residents in Essex. 40 surveys have been completed, and in round 3 of the scheme, Tendring has £1.8m to be spent on properties in that round. The Council has also bid for £17,000 of that to support capacity, including promoting the take up of the scheme locally.

Energy audits of our buildings are complete, and the Council will be developing proposals for energy improvements to boilers, temperature controls, better monitoring of data and other ways to reduce heat loss. Lee gave me as an example, the fitting of swimming pool covers in our leisure centres.

One of the most obvious signs for us as Members, will be the first electric charging point to be installed in the Town Hall car park in April. Officers are also reviewing options for Electronic Vehicle (EV) charging in the car parks that are best placed to support the needs of electric vehicle owners, such as destination seaside / tourist car parks, or car parks located in areas where many households do not have off-road parking of their own.  The feasibility of rapid chargers in our leisure centres is also being considered. All this requires a great deal of research to establish that power is available for such chargers, particularly the high power for rapid chargers, which could mean considerable infrastructure work for the power companies before we can make those decisions.

The Government have just announced a new local electric vehicle infrastructure (LEVI) pilot funding, and officers will examine the detail of this to see what benefit TDC may derive from this ‘pilot funding.’ We are currently bidding for a Government grant specifically to support EV infrastructure in the new Starlings car park / open space project in Dovercourt.

I have attended two national ‘Zoom’ conferences on Climate Change. One by the Public Sector Executive and the other by the Local Government Association, where  ...  view the full minutes text for item 141.

The Council will receive the annual State of the Tendring District Statement from the Leader of the Council.

The Council received the Annual State of the Tendring District Statement from the Leader of the Council as follows:-

“Chairman, Councillors and members of the public, whilst my annual address is always an opportunity to reflect on the last twelve months, never before have I had occasion to look back at two years in which we have collectively witnessed such a monumental impact on our personal and professional lives.

I would like to begin this statement by expressing my sincere condolences to anyone who has lost a family member, friend or colleague as a direct or indirect result of Coronavirus over the course of this pandemic, and my thoughts also go out to all those who have been negatively impacted by the events of the past two years, whether that be through missed or delayed medical treatments or diagnoses, the impact on mental health and relationships, or the financial impact. I also wish to pay tribute to the incredible efforts of our dedicated key workers, our partners and all those who worked through the pandemic delivering essential services during such an unprecedented and difficult time.

I would like to take this opportunity to announce that, with fellow Councillors, we are working towards the establishment of a fitting memorial for the District to remember all those impacted by the pandemic.

Chairman, before I continue with my speech, I would also like to take a moment to reflect on what is happening globally and how, as a Council, we stand united with the people of Ukraine. The invasion by Russia is rightly very worrying and concerning for us all, and as mentioned at Cabinet a few weeks ago, a letter of solidarity has been sent to the Prime Minister to show support for the UK Government’s sanctions against Russia and to condemn Russia’s actions. This letter was signed by the Leaders of all the Council’s political groups on the Council. We know that many Tendring residents have offered to house refugees and of course this Council will be there to help and support in whatever way we can.

The situation in Ukraine is a clear and stark reminder that the security of the United Kingdom, and the ability of our country to be a force for good in the world, and to offer help to our fellow nations in their hour of need, is inextricably linked to the strength of our economy, both nationally and locally. After two years of lockdowns and the most restrictive measures ever imposed upon the freedoms of individuals and businesses in this country, the economy is recovering really well, with record job vacancies and unemployment back down to pre-crisis levels. The steps taken by the Government in Westminster in swiftly introducing the various business and job-protection schemes, most notably the furlough scheme, combined with the rapid response by local authorities, in particular Tendring District Council, in getting as much financial help to our small businesses as we possibly could, as fast as was humanly possible, have all  ...  view the full minutes text for item 142.

The Council will consider any petition(s) received in accordance with the Scheme approved by the Council.

No Petitions had been submitted in accordance with the Scheme approved by the Council on this occasion.

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.

No questions had been received, on notice, from members of the public on this occasion.

The Council will receive a report on any Cabinet or Portfolio Holder Decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 15, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council received a report from the Leader of the Council which notified Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules.

(1)    Transfer of funds from Additional Restrictions Grant to Business Adaptations Grant

It was reported that, on 21 February 2022, the Interim Corporate Director (Project Delivery) (Lee Heley), on behalf of both the Business & Economic Growth Portfolio Holder (Councillor Newton) and the Corporate Finance & Governance Portfolio Holder (Councillor G V Guglielmi), and in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor M E Stephenson) consent that the Business & Economic Growth Portfolio Holder’s and the Corporate Finance & Governance Portfolio Holder’s joint decision relating to the transfer of funds from the Additional Restrictions Grant to the Business Adaptations Grant would be exempt from the Council’s call-in procedure.

The Business & Economic Growth Portfolio Holder’s and the Corporate Finance & Governance Portfolio Holder’s joint decision had been as follows:-

“To transfer £195,000 from the latest Additional Restrictions Grant (ARG) funding to the Business Adaptations Grant (BAG) scheme to support the Covid-19 recovery scheme to those applicants who applied after available funding had been allocated.”

It was felt at that time that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

“During December 2021 Government announced a further phase of the ARG and allocated Tendring District Council £195,000 to provide enhanced business support.

This particular phase of the grant would need to be spent by the end of March 2022 or returned to Government. This criteria offers very limited time to develop a proposal and implement a scheme.

At a meeting on 11^th January 2022 it was agreed to seek clarification from the Department for Business, Energy and Industrial Strategy (BEIS) as to whether the £195,000 could be transferred from the ARG to support the BAG scheme. The amount transferred to the BAG scheme would cover the shortfall from the funds being allocated and the amount of applications received before the end of the scheme.

Confirmation has now been received by BEIS that they support the transfer. To comply with the guidance received from BEIS a new form will be produced and sent to the businesses who have recently applied for BAG but were unsuccessful due to all available money being allocated or had been rejected without the  opportunity to provide missing information.”

(2)    Award of the construction contract for the Jaywick Sands Market site

It was further reported that,  ...  view the full minutes text for item 145.

The Council will receive the minutes of the following Committees:

(a)    Community Leadership Overview & Scrutiny of Monday 10 January 2022;

(b)    Resources and Services Overview & Scrutiny of Wednesday 12 January 2022;

(c)    Audit of Thursday 27 January 2022;

(d)    Community Leadership Overview & Scrutiny of Monday 31 January 2022;

(e)    Standards of Wednesday 2 February 2022;

(f)     Resources and Services Overview & Scrutiny of Monday 7 February 2022;

(g)    Human Resources & Council Tax of Thursday 24 February 2022; and

(h)    Tendring Colchester Border Garden Community Joint of Monday 28 February 2022.

NOTES:         

(1)   The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record; and

(2)   If any recommendations to Council have been made by those Committees, these are included within separate reports for Council to decide upon (i.e. by noting the minutes those recommendations are not approved at this stage of the proceedings).

It was moved by Councillor Stock OBE and:-

RESOLVED that the minutes of the following Committees, as circulated, be received and noted:-

(a)    Community Leadership Overview & Scrutiny of Monday 10 January 2022;

(b)    Resources and Services Overview & Scrutiny of Wednesday 12 January 2022;

(c)    Audit of Thursday 27 January 2022;

(d)    Community Leadership Overview & Scrutiny of Monday 31 January 2022;

(e)    Standards of Wednesday 2 February 2022;

(f)     Resources and Services Overview & Scrutiny of Monday 7 February 2022;

(g)    Human Resources & Council Tax of Thursday 24 February 2022; and

(h)    Tendring Colchester Border Garden Community Joint of Monday 28 February 2022.

In respect of item (h) above, Councillor Scott asked a question in relation to Minute 6 (Draft Plan for the Tendring Colchester Borders Garden Community Development Plan Document) and specifically the number and timing of the public consultation exhibition events on the DPD in Elmstead Market. The Chairman of the Tendring Colchester Border Garden Community Joint Committee (Councillor Turner) duly responded to that question.

Pursuant to the provisions of Council Procedure Rule 12, the Council will consider the following Motion, notice of which has been given by Councillor Neil Stock OBE:-

“Tendring District Council unreservedly condemns the unprovoked aggression of Russia in invading Ukraine and stands in solidarity with the Ukrainian people and supports the British Government in its diplomatic and economic measures against the Russian State.”

Council had before it the following motion, notice of which had been given by Councillor Neil Stock OBE pursuant to Council Procedure Rule 12:-

“Tendring District Council unreservedly condemns the unprovoked aggression of Russia in invading Ukraine and stands in solidarity with the Ukrainian people and supports the British Government in its diplomatic and economic measures against the Russian State.”

Councillor Stock OBE formally moved the motion and Councillor Scottformally seconded the motion.

Councillor Stock OBE then gave his reasons why they felt that it would be appropriate for the motion to be dealt with at the meeting, namely that it was a matter of urgency given the ongoing situation in Ukraine, including the refugee crisis.

The Chairman (Councillor Bray) then made his ruling on whether the motion should be dealt with at the meeting or stand referred. He decided that the motion would be dealt with at the meeting.

Councillor Stock OBE then explained the purpose of the Motion in accordance with the provisions of Council Procedure Rule 12.4.2.

Councillors I J Henderson, Calver, G V Guglielmi, Clifton, Miles and Braycontributed to the debate on the motion.

On being put to the vote the motion was declared unanimously CARRIED.

To enable the Council to consider recommendations of the Cabinet in relation to the formal submission of the Business Case for Freeport East.

Earlier on in the meeting and for the reason set out in Minute 137 above, Councillor Fairley had declared a Personal Interest in relation to this item.

Council had before it a reference report from the Cabinet (report A.2) which sought to update it on the submission of the Freeport East Full Business Case, including the Council’s participation in the governance of Freeport East and the approach to business rate retention. The reference report also recommended that Council agree that Freeport East be included within the Council’s Budget and Policy Framework, and included as part of the Corporate Plan 2020-24, as previously adopted by Full Council.

A copy of the published Leader of the Council’s report to the meeting of the Cabinet held on 25 March 2022 on Freeport East was attached as an appendix to the reference report. Members had been made aware, in advance of the Council meeting, of the text of the Cabinet’s formal decision taken at that meeting which was:-

“That Cabinet -

a)     formally supports the Freeport East Full Business Case to be submitted by East Suffolk District Council to the Government;

b)     agrees to the approach to local business rate retention, as set out in the Full Business Case and summarised in the Leader’s report;

c)      agrees that the Leader of the Council and Officers can participate in the governance proposals set out in the Full Business Case on the principle that Tendring District Council becomes a member of the body set up to govern the Freeport;

d)     notes that any decision to formally become part of the governing body will be taken by the Leader of the Council, in accordance with previous delegations, following consultation with his Portfolio Holder Working Party;

e)     approves the Leader of the Council appointing a Member representative to that governing body;

f)       assigns £160,000 to pay for projects in support of Freeport East to be agreed through the Freeport governance structure and notes that the Full Business Case sets out the expectation that this sum should be repaid to the Council from future retained business rates; and

g)     recommends to Full Council that Freeport East be confirmed within the Council’s Budget and Policy Framework, and included as part of the Corporate Plan 2020-2024, as previously adopted by Full Council.”

Councillors Bush and I J Henderson addressed the Council on the subject matter of this item.

It was moved by Councillor Stock OBE and:-

RESOLVED that Council –

a)     supports and endorses the decisions made at Cabinet on 25 March 2022 on the Leader of the Council’s Freeport East Full Business Case Report; and

b)     confirms that Freeport East be included within the Council’s Budget and Policy Framework, and included as part of the Corporate Plan 2020-24, as previously adopted by Full Council.

To enable the Council to consider joint recommendations of the Cabinet and the Licensing & Registration Committee in relation to the formal adoption of a revised Statement of Licensing Policy (Gambling Act 2005).

Council considered a joint reference from the Cabinet and the Licensing & Registration Committee (report A.3) which requested it to agree and adopt the Council’s Statement of Gambling Policy.

Members were informed that the Council was required to review and renew its Statement of Gambling Policy (also known as a Statement of Licensing Principles) every three years in accordance with the requirements of the Gambling Act 2005. The policy had to be adopted by Full Council on recommendation from the Cabinet and the Licensing and Registration Committee and published on the Council’s web site and by way of a public notice in the newspaper.

It was reported that the current review and renewal of the policy had been subject to a public consultation and a final draft of the policy had been scrutinised and agreed by the Licensing and Registration Committee at its meeting held on 17 January 2022 and, subsequently, by the Cabinet at its meeting held on 25 February 2022.

It was moved by Councillor McWilliams, seconded by Councillor Winfield and:-

RESOLVED that -

(a)  the Council’s Statement of Gambling Policy, as set out at Appendix A to item A.3 of the Joint Reference from the Cabinet and the Licensing & Registration Committee, be agreed and adopted; 

(b)  the Council’s revised Statement of Gambling Policy be published via the Council’s website and by way of a public notice in the local newspaper; and

(c) the Council’s revised Statement of Gambling Policy comes immediately into force.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, to enable the Council to consider recommendations of the Monitoring Officer and the Cabinet in relation to the annual review of the Council’s Constitution.

Council considered a joint report of the Monitoring Officer and the Cabinet (report A.4) which, in accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, sought its approval of the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for that purpose.

It was reported that, at its meeting held on 25 February 2021, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder which had requested it to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder through a Working Party constituted for this purpose.

Members were informed that the main proposals covered a number of miscellaneous amendments to the Council Procedure Rules, Articles of the Constitution, Overview and Scrutiny Procedure Rules, the Property Dealing Procedure and the Procurement Procedure Rules in order to ensure that the Council’s Constitution remained effective, efficient and consistent at an operational level. 

In addition, there were proposals relating to matters including the size of Committees (following a review previously requested by Full Council), start times for meetings of the Council and various Committees, consideration of motions at Full Council meetings, training for members of an overview and scrutiny committee, moving to a “paperless” working environment, and a protocol for the live webcasting of meetings.

The Portfolio Holder’s report and accompanying appendices which were considered by Cabinet at its meeting on 25 February 2022 were attached as Appendices to the joint report. 

The Cabinet’s decision at its meeting held on 25 February 2022 had been as follows:-

“RESOLVED-  

1.   That Cabinet RECOMMENDS TO COUNCIL that:

(a)  the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A – K, & M attached hereto this report, and that those changes come into effect on 27^th April 2022 i.e. the day after the Annual Meeting of the Council;

(b)  with effect from the Annual Meeting of the Council on 26 April 2022, the Committees listed below be reduced in size as follows:-

Audit = 5 Members (from 7 Members);

Human Resources & Council Tax = 7 Members (from 9 Members);

Licensing & Registration = 7 Members (from 9 Members); and

Planning Policy & Local Plan = 9 Members (from 11 Members).

(c)  the Review of the Constitution Portfolio Holder Working Party be requested to carry out a fundamental review during 2022 of the way in which Motions to Council, submitted in accordance with Council Procedure Rule 12, are dealt with procedurally and that the results of that review be submitted to Full Council, via the Cabinet, in due course.

(d)  commencing with the newly elected Council in May 2023, Members of the Tendring District Council will operate in a “paperless” environment e.g. by providing agendas/reports etc. to Members by electronic means only and to cease entirely the provision of printed (and posted)  ...  view the full minutes text for item 150.

To enable the Council to consider joint recommendations of the Cabinet and the Resources and Services Overview & Scrutiny Committee in relation to the adoption of the Annual Capital and Treasury Strategy for 2022/23.

Council had before it a joint reference report from the Cabinet and the Resources and Services Overview & scrutiny Committee (report A.5) which sought to enable it to review and approve the Annual Capital and Treasury Strategy for 2022/23 (including the Prudential and Treasury indicators).

It was reported that, on 25 February 2022 (Minute 135 referred), the Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder in relation to the Annual Capital and Treasury Strategy for 2022/23 (including the Prudential and Treasury Indicators).

At that meeting it had been: “RESOLVED that Cabinet agrees that -

a)  the Annual Capital and Treasury Strategy for 2022/23 (including Prudential and Treasury Indicators) be submitted to Full Council for its approval, subject to consultation with the Resources and Services Overview and Scrutiny Committee; and

b)  the Portfolio Holder for Corporate Finance and Governance be authorised to explore potential borrowing options associated with the redevelopment of the Honeycroft site for inclusion within the Annual Capital and Treasury Strategy that would be presented to Full Council on 29 March 2022.”

Council was informed that the Resources and Services Overview and Scrutiny Committee had considered the Strategy at its meeting on 14 March 2021. The report had been noted with no further comments raised.

A copy of the published Corporate Finance and Governance Portfolio Holder’s report to the Cabinet meeting held on 25 February 2022, together with the Annual Capital and Treasury Strategy 2022/23 were attached as appendices to the joint reference report.

Honeycroft Site, Lawford

In line with recommendation b) highlighted above, Members were made aware that work remained on-going in terms of exploring the funding / borrowing options associated with the redevelopment of the Honeycroft site. Therefore, it had not been possible to include further details at this stage.  However, separate reports would be presented to Cabinet and Full Council as necessary to take the project forward during 2022/23.

Councillor I J Henderson asked a question of the Portfolio Holder to which Councillor G V Guglielmi duly responded.

It was moved by Councillor G V Guglielmi and:-

RESOLVED that the Council approves the Annual Capital and Treasury Strategy for 2022/23 (including Prudential and Treasury Indicators).

To inform Council of any changes in the membership of Committees that have occurred since the last ordinary meeting of the Council.

The Chief Executive formally reported that, in accordance with the wishes of the Leader of the Conservative Group and the authority delegated to him, the following appointments had been duly made since the last ordinary meeting of the Council, namely:-

Community Leadership Overview & Scrutiny Committee

Councillor Nash had been appointed to serve in place of Councillor Amos.

Standards Committee

Councillor V E Guglielmi had been appointed to serve in place of Councillor Amos.

Council noted the foregoing.

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The time allocated for receiving and disposing of questions shall be a maximum of 30 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members the following working day unless withdrawn by the questioner.

No questions had been received, on notice, from Members of the Council on this occasion.

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p).

There were no urgent matters for Council to debate on this occasion.