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 Baker, Barry, G V Guglielmi and Miles.

Councillor Baker had been unable to attend due to personal/family reasons.

Councillor G V Guglielmi had been unable to attend as he was recuperating from a surgical procedure.

Councillor Barry had been unable to attend as he had tested positive for Covid-19.

Councillor Miles had been unable to attend due to an ongoing health related matter.

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 14 February 2023.

It was moved by Councillor Stock OBE, seconded by Councillor P B Honeywood and:-

RESOLVED that the minutes of the budget and council tax setting meeting of the Council held on Tuesday 14 February 2023 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.

There were no declarations of interest made by Members at this time though Councillor Allen indicated that he would declare an interest if there was any discussion during the course of the meeting that specifically focussed on the parish of Frinton and Walton as he was a member of Frinton and Walton Town Council.

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

The Chairman of the Council (Councillor Harris) referred to the fact that this was the last full Council meeting during his term of office and that this was also the last time that Members would be all together before the May District Council elections. He was conscious also that some Members would not be standing for re-election and that some Members may not be re-elected. He therefore wanted to take this opportunity to say ‘thank you’ to the following:-

Ø  the Leader of the Council and the Deputy Leader of the Council – for asking him to stand for Chairman of the Council – he had been very surprised and delighted. It had been unexpected given that he was a first term Councillor.

Ø  those Members who had had faith in him and had elected him Chairman. He hoped that he had done his best for everyone and that he had tried to be equal and fair to all Members.

Ø  his Vice-Chairman (Councillor Val Guglielmi) – for all of her support and for standing in on those occasions when he could not make a civic engagement.

Ø  TDC Officers and staff and, in particular, the Chief Executive and the Monitoring Officer for their advice and guidance, the Committee Services Manager for his advice notes and the Leadership Support Team (especially Emma Haward) for their support throughout his year in office.

Ø  Mother Louise Oliver – for being his Chaplain and for her words of wisdom and personal support.

The Chairman stated that this had been the greatest honour and experience of his life to date and that the past 11 months had flown by. Much had happened of note including Queen Elizabeth II’s Platinum Jubilee celebrations; the lighting of the Clacton Beacon; the death of Queen Elizabeth II and the proclamation of King Charles III.

He felt that his eyes had been opened as to the history of both Brightlingsea and Harwich, which he considered two jewels in Tendring’s crown.

The Chairman was pleased to announce that, so far, over £3,000 had been raised for his chosen charities – the RNLI and veterans’ groups in the District.

He had been proud to help to organise the first ever Veterans and Services Day, which had been an opportunity to thank veterans for their service and sacrifice. His special guests that day had been a number of World War II veterans from Clacton-on-Sea. He had been truly humbled and he very much hoped that this would become an annual event.

The Chairman paid tribute to the thousands of volunteers across the District whom he considered remarkable, unsung heroes without whom society could not function. He felt privileged to have been able to work alongside CVST, Clacton Lions, Rotary Club, mental health and cancer charitable groups, the Homes4Heroes veterans’ charity and many more.

The Chairman invited Members and residents to attend the Town Hall on Monday 13 March 2023 at 10.00 a.m. for the Commonwealth Day flag raising followed by refreshments in  ...  view the full minutes text for item 93.

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

There were no announcements made 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.

The Leader of the Council extended his grateful thanks to Councillors Allen and Bush for ‘harrying’ him and he apologised for taking so long to make the following announcement.

The Leader was pleased to announce that, after a scouring of the Council’s budgets, Officers had come up with an allocation of £200 per Member to put towards the community celebrations of the Coronation of King Charles III on 6 June 2023.

He was aware that the Council would be entering its pre-election period on 13 March 2023 and he was anxious that no Member ran the risk of being accused of the offence of “treating voters”. Therefore, Officers would be drawing up a strict set of criteria which would be circulated to Members by email. He urged Members to respond as soon as possible to that email and to submit their requests straight away.

The Leader then responded to questions put to him by Councillors Allen, Bush and Scott.

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:-

“Good evening, colleagues. tonight, barring emergencies, is the final Full Council Meeting of this four year cycle, and nobody knows at this stage who will be elected or re-elected to form the new administration from the 4th of May onwards. Therefore, I must treat this as my ‘Swan Song’ today, with what is my 13th statement.

I am pleased that data for 2021/22 shows that while Council carbon emissions rose as expected in coming out of the pandemic lockdowns, emissions from electricity, gas and fuel oil are lower than the pre-Covid 2019-20 year.

Clearly in this coming year, the new administration will put in train the process towards a new ‘Climate Change Action Plan’, to aid us as a Council, from 2024 onwards in our progress towards Tendring’s Net Zero carbon emissions target by the end of this decade. 

Many have said that the Government should be more involved by directing what they perceive to be the best way forward to achieve the Government’s National Target of Net Zero Carbon by 2050, with the cash to actually ‘prime the pump’ to get that work done.

I have attended a number of Climate Change webinars with Net Zero Carbon as their target, including those dealing with the provision of Electric Vehicle charging points, many of which voice the good work done in other authorities, but one thing most convey is the large initial cost of almost turning the clock back to the days before the internal combustion engine, or before wide spread travel became a way of life, or before the mass production of consumables such as household equipment that use electricity, the same electricity that uses the old infrastructure, into which we now seek to install home charging points for domestic electric vehicles.

Moving from the ‘General’ to the ‘Particular’ is the answer, prepared by Officers, to the question I received from Councillor Mike Bush, who was asking about ‘Pay Back’ benefits of the proposed pool covers, to which I had referred in my last Council report.   We expect the payback period for pool covers to be around two years. This is due to high energy costs and the high level of energy to heat pools. We expect that 260 tonnes of carbon would be saved annually across the three pools with the covers in place.  The tender to purchase the new pool covers closes next week and the Council will appoint contractors shortly after to start installation.

Installing LED lights, (Light emitting diodes) will save only 0.3 tonnes a year within a typical council building and have a 6 to 7 year payback period. We also have the chance to install sensors, so lights only come on when people are in the building.  The tender for LED lights in leisure centres closes in a fortnight, with work starting thereafter.

I have deliberately not spoken about new projects; these will  ...  view the full minutes text for item 96.

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, I am delighted to present to you this year’s State of Tendring address. This statement is intended to give you an overview of some of the Council’s achievements over the past year, and as we come to the end of our four-year municipal cycle, it is also an opportunity to reflect on the journey we have been on as well as to consider the challenges that lay ahead.

As a Councillor, each of us represents our community and the interests of our residents; being an elected member is both rewarding and a privileged form of public service. It is undeniably a great honour to have the trust of our residents placed into our hands, and we are all in a position to make a difference to the quality of other people’s daily lives and prospects. Being an effective Councillor requires both commitment and hard work and I keep going back to the heart of the Council’s priorities and Community Leadership. We lead the way in Tendring with innovative solutions, relentless positivity and a ‘can-do’ attitude, as we aim to improve the lives of the people who live here. Alongside this, we continue to work with our many partners, nationally, regionally and locally.

We recognise the issues facing our communities at the current time with the cost of living and we support our families and community groups through the Tendring Community Fund and with many other sources of support.

Chairman, it was once said that a week is a long time in politics, so it should come as no surprise that so much has happened over the past four years, during which time, amongst many other events we have had four Prime Ministers, we left the EU, we had the small matter of the Covid-19 outbreak to deal with and just a year ago Russia invaded Ukraine bringing war into Europe and all the consequences thereof.

But despite those huge and unprecedented problems Tendring District Council has shown that we can rise to these challenges, through sound financial management, embracing new ways of working, the ability to adapt and change our plans in often-rapid circumstances and our work with partners. All of this we do to support the residents of Tendring.

So here are but a few examples of the great work we have undertaken:

Levelling up funding for Clacton Town Centre

The Government has recently granted Tendring District Council £20 million to level up Clacton Town Centre. This really is a tremendous success for this Council and for the District. It is an absolute game changer, and we should be feeling very proud right now.

With this considerable sum of money, we can make significant infrastructure changes for the benefit of everyone – whether they live or work in the area, visit, or own a business. It was also pleasing to hear that  ...  view the full minutes text for item 97.

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.

One such question was submitted in time for the deadline for this meeting of Noon on Monday 20 February 2023.

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

One question had been received, on notice, from a member of the public on this occasion.

Question

Jeremy Rendle asked the Leader of the Council (Councillor Stock OBE)in relation to Seawick Road and Seaview Road, St Osyth:-

“Does the Council agree with the proposition (in which case, please outline the next steps to be taken by the Council in relation to the two roads), or disagree with the proposition (in which case, please provide a full and reasoned statement outlining the Council's position on the applicability of s.230(7)?”

Background to Question:

“Seawick Road and Seaview Road in St Osyth are in a dangerous state and are in need of urgent repair. I acknowledge that they are 'Private Roads' and that they remain unadopted by TDC.

Section 230(7) of the Highways Act 1980 provides as follows:

"Without prejudice to the foregoing provisions of this section or to any other enactment for the time being in force relating to private street works, the street works authority and also, in the cases mentioned below, the district council may, in any street that is not a highway maintainable at the public expense, execute such repairs as are in their opinion urgently required to prevent or remove danger to persons or vehicles in the street.

The cases in which the district council may act under this subsection are those in which the street concerned [is situated in a non-metropolitan district and] is a footpath, bridleway or any such road as is mentioned in section 42(2)(c) above (urban roads)."

For completeness, s.42(2)(c) of the same Act does not preclude roads such as Seawick Road and Seaview Road.

PROPOSITION: TDC has a statutory power to carry out the urgent repairs required in Seawick Road and Seaview Road.”

Councillor Stock OBE replied to that question as follows:-

“Thank you, Mr Rendle, for your very interesting question.  I did look up the legislation and I did read it but I am sure that everyone will be delighted to know that the response that I am about to give has been run by our Officers for technical and legal accuracy. Firstly, I need to clarify one point in the background to your question: Essex County Council is the adoption authority for roads and not the District Council, we are not the Highway Authority.

In direct response yes, the District Council does possess a statutory power as set out in the Highways Act 1980.  However, it is just one of a vast range of discretionary powers that district councils have and the crucial distinction that needs to be made clear is that it is not a statutory duty.

The District Council can only make decisions within its Budget and Policy Framework, whilst taking into account various considerations.  I appreciate the frustration that is felt, not just in  ...  view the full minutes text for item 99.

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 16.2, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

There was no such report of the Leader of the Council for Members to consider on this occasion.

The Council will receive the minutes of the following Committees:

(a)    Community Leadership Overview & Scrutiny of Tuesday 13 December 2022;

(b)    Resources and Services Overview & Scrutiny of Wednesday 11 January 2023;

(c)    Planning Policy & Local Plan of Monday 23 January 2023;

(d)    Audit of Thursday 26 January 2023;

(e)    Resources and Services Overview & Scrutiny of Wednesday 1 February 2023; and

(f)     Standards of Wednesday 8 February 2023.

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 Tuesday 13 December 2022;

(b)    Resources and Services Overview & Scrutiny of Wednesday 11 January 2023;

(c)    Planning Policy & Local Plan of Monday 23 January 2023;

(d)    Audit of Thursday 26 January 2023;

(e)    Resources and Services Overview & Scrutiny of Wednesday 1 February 2023; and

(f)     Standards of Wednesday 8 February 2023.

To enable the Council to consider the recommendation of the Tendring Colchester Borders Garden Community Joint Committee that the Submission Version of the Plan, associated Sustainability Appraisal and other related evidence be published for six weeks’ public consultation in line with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) and Regulation 13 of the Environmental Assessment of Plans and Programme Regulations and thereafter submitted to the Secretary of State in line with Regulation 21 of the Town and Country Planning (Local Planning) (England) Regulations 2012 in order to begin the process of independent examination.

Council had before it a Reference Report and Appendices (A.1), which enabled it to consider the recommendations of the Tendring Colchester Borders Garden Community Joint Committee in relation to the Submission Version of the Development Plan Document, associated Sustainability Appraisal and other related evidence.

The Reference Report contained the following joint advice of Tendring District Council’s and Colchester City Council’s respective Monitoring Officers:-

“The recommendations from the Joint Committee being presented to the Full Councils at Tendring and Colchester, are with the intention of seeking decisions being taken by the Full Councils prior to the upcoming Local Elections, to enable the Regulation 19 consultations to commence shortly thereafter.  A delay in determination until after the election period is likely to pose a high risk to the timetable for the overall Garden Community project and the delivery of the first phase of homes and associated infrastructure in accordance with the Housing Infrastructure Funding agreement with Homes England (subject to variation).

Section 1 Local Plan requires that planning permissions are not to be granted until the DPD has been completed and adopted, a delay to its adoption would have a knock-on effect to delivery on the ground.  If agreed, the proposal is to consult on the DPD for six weeks later in 2023 following the Local Elections. The updated version of the Local Development Scheme (LDS), recommends a new timetable for the DPD.  This takes into account the need to consult for a period of six weeks on the DPD, and charts a realistic timetable for independent Government Examination in Autumn/Winter 2023, with adoption of the DPD anticipated early in 2024.

Due to Pre-election Periods and post elections administration to form Councils, it is unlikely that decisions could be made by the Joint Committee until June/July 2023 and Full Councils in September.  However, Officers would not be presenting the Submission Version Plan for consideration and public consultation if it did not meet the tests of soundness, based on evidence and taking into account the outcome previous stakeholder engagement under Regulation 18, and supported by a Sustainability Appraisal.  Summary of the Regulation 18 consultation is included within the report to the Joint Committee highlighting the three main issues related to Green Buffers and Land South of the A133, Salary Brook and Crockleford Heath and Bromley Road.  Technical evidence has been completed and changes incorporated into the Submission Version Plan on all three of these key issues.  

It is important to remember that this stage of the process is plan making, setting policy direction and not the determination of planning applications, which will follow once the DPD is adopted as required by Section 1 of the Local Plans.  There will be detailed s.106 planning agreements negotiated and in place, prior to planning permissions being granted.  There may be details which members would wish to seek further assurances on, which relate to the later stages of the process, including planning obligations, commitments and delivery. 

Essex County Council entered into a formal contract (Grant Determination Agreement)  ...  view the full minutes text for item 102.

Council will consider the following motion notice of which has been given, pursuant to the provisions of Council Procedure Rule 12, by Councillor Steady:-

“That this Council resolves to recommend to Cabinet that -

(a)    any future capital receipts arising from the disposal of surplus land be ring-fenced for investing back into the town or parish it is located in, and in the case of Brightlingsea this would include the proceeds from the future disposal of land in Dover Road identified in the report to Cabinet on 15 July 2022; and

(b)    the relevant Town / Parish Council be consulted on any such investment proposals.”

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

“That this Council resolves to recommend to Cabinet that -

(a)    any future capital receipts arising from the disposal of surplus land be ring-fenced for investing back into the town or parish it is located in, and in the case of Brightlingsea this would include the proceeds from the future disposal of land in Dover Road identified in the report to Cabinet on 15 July 2022; and

(b)    the relevant Town / Parish Council be consulted on any such investment proposals.”

Councillor Steady formally moved the motion and Councillor Chapman BEM formally seconded the motion.

Councillor Steady then gave his reasons why he felt that it would be appropriate for the motion to be dealt with at this meeting, namely that:-

·      the Council was coming to the end of its current four year cycle;

·      the process of land disposal had already begun in Brightlingsea. Early link ups to policy had already been announced;

·      there were opportunities in the pipeline to raise match funding for joint schemes between Brightlingsea Town Council (BTC) and Tendring District Council (TDC). BTC working with TDC Officers could reduce housing waiting lists. Therefore, dealing with the motion at this meeting would ‘tidy things up’ and create a platform for the new post-election Executive to build on and reduce the timescale for the delivery of schemes; and

·      the extra funding from land disposals could fund a significant number of extra small schemes right across the District in every town and parish council area.

Councillor Chapman BEM then gave her reasons why she felt that it would be appropriate for the motion to be dealt with at this meeting, namely that:-

·      now would be a better time to debate this motion as the present Members had the experience and knowledge gained from previous discussions of land disposals. Following the election there could be a significant number of new Councillors who might not fully understand the argument being made on this matter; and

·      this would be an ideal time to demonstrate to residents that two Councils can work together to build out projects.

The Leader of the Council (Councillor Stock OBE) then responded and put forward reasons why it would be more appropriate for the motion to stand referred to the Cabinet. These included:-

·      pointing out that, in his opinion, the current wording of the Motion meant that places in the District with a large number of Council owned assets would benefit at the expense of those without;

·      the disposal of assets was an Executive function, as acknowledged in the motion itself, so this motion really had to go before the Cabinet in order for it to form a recommendation and return the motion to Full Council at a later date. No land would be sold off in the interim so there was nothing to fear on that score;

·      pointing out that, in his opinion,  ...  view the full minutes text for item 103.

The Council is asked to consider any reports submitted to it by an Overview and Scrutiny Committee.

NOTE: The Reference Report referred to under Agenda Item 18 below incorporates the recommendations made by the Resources and Services Overview and Scrutiny Committee in relation to the review of the Council’s Cyber Security arrangements.

No reports from an overview and scrutiny committee had been submitted for Council’s consideration and determination at this meeting.

Members were aware that the Reference Report referred to under Agenda Item 18 incorporated the recommendations made by the Resources and Services Overview and Scrutiny Committee in relation to the review of the Council’s Cyber Security arrangements.

To enable the Council to consider the recommendation of the Cabinet in relation to the adoption of the Annual Capital and Treasury Strategy for 2023/24.

Council considered a Reference Report (A.2), which enable it to review and approve the Annual Capital and Treasury Strategy for 2023/24 (including the Prudential and Treasury indicators).

Members were informed that, on 17 February 2023 (Minute 126 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 2023/24 (including the Prudential and Treasury Indicators).

At that meeting it had been:

“RESOLVED that Cabinet –

a)      agrees the Annual Capital and Treasury Strategy for 2023/24 (including Prudential And Treasury Indicators) and that it be submitted to Council for approval; and

b)      undertakes the necessary consultation with the Resources and Services Overview and Scrutiny Committee as early as practicable in 2023/24.”

A copy of the published Corporate Finance and Governance Portfolio Holder’s report to the Cabinet meeting held on 17 February 2023, together with the Annual Capital and Treasury Strategy 2023/24, were attached as appendices to the reference report (A.2).

It was moved by Councillor Stock OBE and:-

RESOLVED that the Council -

(a)    approves the Annual Capital and Treasury Strategy for 2023/24 (including Prudential and Treasury Indicators); and

(b)    notes and welcomes that the necessary consultation with the Resources and Services Overview and Scrutiny Committee will occur as early as practicable in 2023/24.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, to approve the recommended changes to the Constitution (Council Procedure Rules) 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 this purpose.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, full Council was requested to approve the recommended changes to the Constitution (Council Procedure Rules) put forward by the Monitoring Officer and the Cabinet in their joint report (A.3), following a review undertaken by the Corporate Finance and Governance Portfolio Holder, through a Working Party constituted for that purpose.

It was reported that Cabinet, at its meeting held on 16 December 2022 (Minute 83 referred) had considered the outcome of the annual review of the Council’s Constitution that had been undertaken by the Review of the Constitution Portfolio Holder Working Party.

At that meeting, Cabinet had deferred consideration of the proposed changes to Council Procedure Rules (CPR) 12 and 14 pending their re-consideration by the Review of the Constitution Portfolio Holder Working Party (CRWP).

Accordingly, the CRWP had met on 23 January 2023 to further discuss those proposed changes to CPRs 12 and 14. In addition, the CRWP had considered, at the request of Councillor Baker, a matter pertaining to CPR 11.2 as well as the outcome of the recent consultation exercise with Members on the procedure for the Planning Committee’s site visits.

Following that meeting, on 17 February 2023, 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, put forward by the CRWP, for referral onto Full Council.

A summary of the proposed changes compared to the existing CPRs 11, 12 and 14 was included in the background section of the joint report and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers.

Having considered the outcome of the further review of the Constitution (Council Procedure Rules) and the Cabinet’s recommendations arising therefrom, and in order to enable those recommendations to be approved and adopted:-

It was moved by Councillor Stock OBE and:-

RESOLVED that -

(a)    the Council’s Constitution be amended to reflect the proposed changes as set out in the Appendix attached hereto the joint report of the Monitoring Officer and the Cabinet (A.3);

(b)    the implementation of the new Council Procedure Rule 12 be reviewed after six months’ operation;

(c)    the proposal that the Planning Committee continues its current practice of undertaking a site visit in respect of all planning applications that are submitted to it for its consideration be supported;

(d)    the Monitoring Officer be requested to amend the Council’s procedure for Planning Committee Site Visits, as set out in the Members’ Planning Code and Protocol (in Part 6 of the Constitution) to appropriately reflect the matters raised by the Review of the Constitution Portfolio Holder Working Party; and

(e)    the Monitoring Officer be further requested to submit the Site Visit Procedure, as amended, to Full Council for its approval and adoption, following consultation, as appropriate and necessary, with the Planning Committee and the Standards Committee.

To enable the Council to consider the recommendations of the Cabinet in relation to cyber security for the Council.

Further to the decisions of Council on 22 November 2022 (Minute 55 referred), Members received recommendations arising from the Overview and Scrutiny enquiry into cyber security together with the outcome of the consideration of those recommendations by Cabinet at its meeting held on 17 February 2023 (Minute 122 referred).

It was reported that, in accordance with the decision of Council on 22 November 2022 (referred to above), the Resources and Services Overview and Scrutiny Committee had extended its work programme enquiry into cyber security in order to include reviewing the different proposals of Members’ access to emails, in line with the Council’s Risk Management Framework.  That enquiry had been undertaken by a Task and Finish Group comprised of Councillors Clifton (Chairman), Amos, Coley, Griffiths and Wiggins.  The Task and Finish Group had met four times and had submitted its report to the Resources and Services Overview and Scrutiny Committee at a meeting of that Committee held on 1 February 2023. 

The Resources and Services Overview and Scrutiny Committee, pursuant to the decision of Council on 22 November 2022, had then submitted its recommendations arising from the cyber security enquiry to Cabinet on 17 February 2023 and also to this meeting of Council. That Committee had resolved –

“That Cabinet –

a)    requests, that as soon as is possible, the Human Resources and Council Tax Committee with appropriate officers looks at the salaries being offered for the advertised and unfilled senior IT posts, including cyber security senior technical positions;

b)    endorses that by 31 March 2023 a Portfolio Holder Cyber Security Working Group be established to periodically review the Council’s cyber security performance against the Cyber Assessment Framework (CAF) and/or emerging mandatory security improvements and requirements;

c)    requests that by 31 July 2023 the Council’s Information Retention Policy be reviewed/ revised with due regard to UK Data Protection Act 2018 data ‘minimisation’ ‘accuracy’ and ‘storage limitation’ and applied throughout the organisation;

d)    requests that by 31 May 2023 individual (non-generic) account access technologies be costed for accessing TDC terminals in locations such as leisure centres where numerous users sharing a terminal due to a retail environment operational need; 

e)    requests that, commencing no later than May 2023 following the election of the new Council, Cyber Security and Information Governance training for all Members after every election and for staff in their inductions be introduced with periodic refresher training for both which will be made mandatory;

f)     requests the Council’s Monitoring Officer to review existing Member guidance and explore Member training opportunities as to what constitutes party political activities in the context of using a TDC email account;

g)    endorses that as soon as possible the new Cyber Incident Response Plan (CIRP) be adopted.

That Cabinet recommends to Full Council that –

h)    post-May 2023 local elections under the newly elected Council that Members’ practice of auto-forwarding of emails be ceased;

i)     subject to the associated funding of £8,000 being identified, that the preferred Option 2 i.e. the provision of a  ...  view the full minutes text for item 107.

To enable the Council to consider an extension to the term of office for the members of the Council’s Independent Remuneration Panel (IRP) following Council’s decision on 24 January 2023.

Council considered an extension to the term of office for the members of the Council’s Independent Remuneration Panel (IRP) following Council’s decision on 24 January 2023.

Members were aware that the term of office for the existing Independent Remuneration Panel lasted until Annual Council in May 2023 and that following a reference report from the Standards Committee, Council had approved on 22 November 2022 (minute 52 referred):-

(a)    that alternative arrangements for the Independent Remuneration Panel are explored further in order to maximise options available with other Councils within Essex and to give consideration to the outcome prior to any future recruitment; and

(b)    that the term of office for those Independent Persons, who express an interest in doing so, be extended for a further year without an application process, in order to allow the review within recommendation (a) above to be undertaken.

Council was reminded that the reason for only extending the Independent Person part of the role was on the basis that, in January 2023, it had been anticipated, the Independent Remuneration Panel would present to Full Council, a Scheme of Members’ Allowances for the period 2023/24 until 2027/28.  Therefore, should Council approve such a Scheme, joint working could be explored until the recommendations of the IRP would be required. 

However, at its meeting in January 2023, the Council had received the Report of the Head of Democratic Services and Elections following the Review of the Scheme of Members' Allowances by the IRP.  It had been moved by Councillor Stock OBE and seconded by Councillor M E Stephenson that, inter alia, –

(a)  the report of the Independent Remuneration Panel (set out in the Appendix to this report), following that Panel’s review of the appropriate uplift to be applied to Basic and Special Responsibility Allowances in the scheme for 2022/23 and the Scheme of Allowances for Councillors for 2023/24 (and until 2027/28) be welcomed and duly noted;

(b)  that the recommendations from the Independent Remuneration Panel set out on pages 10-13 of the Appendix be agreed in full;

…

Members were further reminded that one of the recommendations from the IRP (No. (6)) had stated:

“That there be an expectation that no Councillor be eligible to claim more than two separate Special Responsibility Allowances; Reason: The Allowances Scheme needs to set remuneration at an appropriate level and the undertaking of different roles by an individual Councillor should be recompensed appropriately. It is important to preserve the capacity of Councillors to undertake their Ward related activities with resident casework. Under this expectation, a Councillor otherwise eligible for more than two Special Responsibility Allowances should not normally take that/those further Allowances. However, if they make the specific case and lodge this with the Council’s Chief Executive (who may seek the views of the Independent Remuneration Panel), that/those further Allowances may be paid with the approval of the Chief Executive”.

Councillor I J Henderson had opined that the procedure for determining a Councillor’s request to receive a third or subsequent Special  ...  view the full minutes text for item 108.

To present the Pay Policy Statement for 2023/24.

The Chief Executive, the Deputy Chief Executive & Monitoring Officer and the Assistant Director (Finance and IT) & Section 151 Officer each declared an Interest in this item and withdrew from the meeting during the consideration thereof and the voting thereon.

Council was reminded that the Localism Act 2011 Section 38 (1) required the Council to prepare a Pay Policy Statement each year. The Pay Policy Statement articulated the Council's approach to a range of issues relating to the pay of its workforce, particularly its senior staff (or 'Chief Officers') and its lowest paid employees.

The matters that were required to be included in the statutory Pay Policy Statement were as follows:

§  A local authority’s policy on the level and elements of remuneration for each Chief Officer.

§  A local authority’s policy on the remuneration of its lowest-paid employees (together with its definition of “lowest-paid employees” and its reasons for adopting that definition).

§  A local authority’s policy on the relationship between the remuneration of its Chief Officers and other Officers.

§  A local authority’s policy on other aspects of Chief Officers’ remuneration: remuneration on recruitment increases and additions to remuneration, use of performance related pay and bonuses, termination payments and transparency.

It was reported that the Pay Policy Statement 2023/24 had been designed to give an overview of the Council’s framework regarding pay and rewards for staff within the Council. This framework was based on the principle of fairness and that rewards should be proportional to the weight of each role and each individual’s performance. The framework also aimed to ensure the ability of the Council to recruit talented individuals whilst ensuring value for money for the residents of Tendring.

Members were aware that the Conditions of Employment with Tendring District Council, including pay, in the main conformed to those established for local government generally by the National Joint Committee (NJC). Agreements reached by the NJC were ‘collective agreements’.

Council was informed that there was limited change reported in the 2023/24 Statement with the exception of the application of the agreed 2022/23 pay award. There were particularly significant changes at the bottom end of the pay spine following agreement between National Employers and National Unions of an increase of £1,925 on all NJC pay points 1 and above (a percentage increase of between 10.5% and 4.04% across the pay spine).

Furthermore, as part of the 2022/23 pay award, the NJC had agreed that, from 1 April 2023, Spinal Column Point (SCP) 1 would be permanently deleted from the NJC pay spine. Therefore, any employees currently placed on SCP 1 would be assimilated across to SCP 2 from this date.

Members were advised that the Human Resources & Council Tax Committee had considered the Pay Policy Statement 2023/24 at its meeting held on 23 February 2023 (Minute 28 referred) and had resolved:-

“That this Committee recommends to Full Council that the Pay Policy Statement 2023/24, as set out in Appendix A to item A.2 of the Report of the  ...  view the full minutes text for item 109.

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 on notice from a Councillor were received by the submission deadline for this meeting of Noon on Monday 20 February 2023.

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

No such questions on notice had been submitted by Members for this meeting.

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

No urgent matters had been submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p) for this meeting.