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

Apologies for absence were submitted on behalf of Councillors Barrett, Bensilum, Ferguson, Morrison, Scott and Wiggins.

The Chief Executive, on behalf of Council, wished Councillor Scott to get better soon.

The Council will receive the Returning Officer’s report on the by-election held on 5 June 2025 in the Frinton Ward.

The Returning Officer (Ian Davidson) reported that the result of the by-election held in the Frinton Ward of the District on 5 June 2025 had been as follows:-

The Returning Officer informed Council that therefore Anne Hilary Davis had been duly elected as a Councillor for the Frinton Ward of the District of Tendring and that she had made a Statutory Declaration of Acceptance of Office.

Members congratulated Councillor Davis with a round of applause.

Council noted the foregoing.

The Council is asked to approve, as a correct record, the minutes of the meeting of the Council held on Tuesday 20 May 2025.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED that the minutes of the ordinary meeting of the Council held on 20 May 2025 be approved as a correct record and be signed by the Chairman.

Councillor P B Honeywood stated that, in relation to Minute 32 of the previous meeting referred to above, he had asked for a response from the Leader of the Council, and he requested that actions were recorded correctly.

Councillor M E Stephenson responded that a written response would be sent out soon. 

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests or Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

In respect to Item 13 on the Agenda (Motion to Council Pursuant to Council Procedure Rule 12 – End of life care in the NHS and Hospices), Councillor Chapman BEM stated she was not sure if she had to declare for the public record that her daughter was an end-of-life carer.

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

The Chairman informed Members that, since the last meeting of Council held on 20 May 2025, he had attended the following civic events:-

“Monday 2 June – Attended new dance academy in Parkeston;

Tuesday 3 June – Official Chairman chain of office handover brunch in the mayors parlour. In attendance – my wife, our outgoing Chairman Councillor Dan Casey and his lovely wife Eve, Councillor Ann Oxley alongside her son Pierre Oxley, and the Reverend David Lower;

Friday 6 June 2025 – D-Day Service – Clacton Royal British Legion at Clacton War Memorial Garden;

Saturday 14 June – Falklands memorial service Clacton Royal British Legion at War Memorial Garden;

Tuesday 24 June – Grass roots Charity reception – Oaktree Centre Colchester;

Wednesday 25 June – The King’s Award at Hatfield Pevril;

Thursday 26 June – Colchester University AGM & Tour;

Saturday 28 June – Armed Forces Day, flag raising at Town Hall, Clacton-on-Sea;

Thursday 3 July – High Sheriff Garden Party at Southminster;

Sunday 6 July – Rochford District Council Chairman’s Garden Party at The lawns, Rochford. A wonderful afternoon with MP’s, Mayors, and our very own Councillor Carlo Guglielmi, Vice-Chairman of Essex County Council;

Monday 7 July – The Jack Petchy Foundation Award Ceremony at the Westcliff Theatre, Clacton-on-Sea;

Saturday 12 July – The Tendring Show at Lawford;

Tuesday 15 July – The Catherine Booth first Blue plaque unveiling at Marine Parade, Clacton-on-Sea;

Wednesday 16 July – Judging panel, Tendring growth business awards at the Town Hall, Clacton-on-Sea;

Tuesday 22 July – Official opening of Share Shack at Harwich;

Wednesday 30 July – Homestart Harwich, Mini Olympics & Games at Parkeston;

Saturday 9 August – Clacton Carnival, judging the Queens and their Courts, alongside fellow Councillors; Alexander, Baker, Doyle and Griffiths judging the incredible floats.

Sunday 10 August – Invitation to attend the opening of Clacton School Uniform Bank shop. A fantastic turnout and fellow Councillors with the Wives/Husbands – Councillors M Stephenson, G Stephenson, Oxley, Baker, Smith, Griffiths, Placey and Newton, out of support the launch. Congratulations to Councillor Doyle and the fantastic team of dedicated volunteers.

Wednesday 13 August – Remembrance Sunday preparation meeting in the Town Hall, Clacton-on-Sea.”

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.

There were no statements made 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.

There were no statements made by members of the Cabinet on this occasion.

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

On this occasion it was reported that no ‘live’ petitions had been submitted in accordance with the Scheme approved by the Council.

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.

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.

It was reported that, on this occasion, no such questions on notice had been submitted.

To notify Members of recent Executive Decision(s) taken in the circumstances set out in the Council’s Constitution in:-

(a)   Rule 15 of the Access to Information Procedure Rules (Special Urgency); and/or

(b)   Rule 18(i) of the Overview and Scrutiny Procedure Rules (Call-in and Urgency); and/or

(c)   Rule 6(b) of the Budget and Policy Framework Procedure Rules.

It accordance with the requirements of Rule 16.2 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, Council received a report of the Leader of the Council (A.1) which notified Members of 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.

(1)  Agreement to serve a counter notice in respect of a lease extension request

It was reported that, on 4 July 2025, the Assistant Director (Housing and Environment), on behalf of the Portfolio Holder for Housing and Planning and in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview & Scrutiny Procedure Rules, had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that the Portfolio Holder’s decision relating to the serving of the counter notice in respect of a lease extension request, be exempted from the call-in procedure.

The Portfolio Holder for Housing and Planning’s decision was as follows:-

“To agree to the service of a section 45 Counter Notice by the Council’s Corporate Director (Law & Governance) on the terms set out in the Officer report and to authorise the Corporate Director (Operations and Delivery), in consultation with the Corporate Director (Law & Governance, to enter into negotiations to agree the premium payable and to formalise this lease extension, subject to such other terms as considered necessary.”

It was felt that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s interest as it would have prevented the Council from responding within the statutory time period to the service on the Council of a Section 42 Notice, under the Leasehold Reform, Housing and Urban Development Act 1993 (as amended) for the grant of a new lease for 8 Ashley Court, Ashley Road, Dovercourt, a former Council owned property. Failure to do so would have allowed the tenant to apply to Court for an Order granting them the new lease on the terms the tenant had proposed in the initial notice.

Following service of a counter notice, there was a period of two months for both parties to agree terms and the premium payable failing which the tenant had six months from the date of the counter notice to apply to a tribunal to determine terms and the premium payable.

(2)  Exemption from procurement rules to appoint Heaton Design and Engineering Ltd for the Clacton Leisure Centre Oil Boiler Replacement

It was also reported that, on 11 July 2025, the Head of Sport and Leisure, on behalf of the Portfolio Holder for Leisure and Public Realm and in view of the urgency of the issue concerned, and in accordance with Access to Information Procedure Rule 25 had sought and obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s  ...  view the full minutes text for item 51.

The Council will receive the minutes of the following Committees:

(a)   Planning Policy & Local Plan of Wednesday 28 May 2025;

(b)   Resources and Services Overview & Scrutiny of Wednesday 4 June 2025;

(c)   Community Leadership Overview & Scrutiny of Tuesday 17 June 2025;

(d)   Audit of Thursday 26 June 2025;

(e)   Standards of Wednesday 9 July 2025;

(f)    Resources and Services Overview & Scrutiny of Wednesday 9 July 2025;

(g)   Human Resources & Council Tax of Monday 28 July 2025;

(h)   Community Leadership Overview & Scrutiny of Tuesday 29 July 2025; and

(i)    Resources and Services Overview & Scrutiny of Wednesday 30 July 2025.

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 M E Stephenson and:-

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

(a)  Planning Policy & Local Plan of Wednesday 28 May 2025;

(b)  Resources and Services Overview & Scrutiny of Wednesday 4 June 2025;

(c)   Community Leadership Overview & Scrutiny of Tuesday 17 June 2025;

(d)  Audit of Thursday 26 June 2025;

(e)  Standards of Wednesday 9 July 2025;

(f)    Resources and Services Overview & Scrutiny of Wednesday 9 July 2025;

(g)  Human Resources & Council Tax of Monday 28 July 2025;

(h)  Community Leadership Overview & Scrutiny of Tuesday 29 July 2025; and

(i)    Resources and Services Overview & Scrutiny of Wednesday 30 July 2025.

Council will consider a motion, notice of which has been given by Councillor Carrie Doyle pursuant to Council Procedure Rule 12.

Earlier on in the meeting, as recorded under 44 above, Councillor Chapman BEM Councillor Chapman BEM stated she was not sure if she had to declare for the public record that her daughter was an end-of-life carer.

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

“(a) That this Tendring District Council:-

(1)  notes that the NHS was set up to provide care from the cradle to the grave yet care at the end of life is currently greatly under resourced;

(2)  notes that the impact of this on the District of Tendring’s population is amplified due to its elderly demographic and has been exacerbated in recent times with a reduction in inpatient beds at end-of-life care providers, both charitable or otherwise, many of which are currently struggling financially;

(3)  laments that the District’s residents, like many across the country, are suffering, and too often dying inhumanely, in corridors of overcrowded hospitals when person, intimate and compassionate care cannot be delivered in such a non-clinical area; and

(4)  believes that this would not be acceptable for any human being when entering the world, so neither should it be acceptable when they are leaving this world.

(b) That this Council therefore requests that the Leader of the Council writes to the Secretary of State for Health to urge that the Government addresses the inequality in funding for end-of-life care as a matter of urgency so that, with the correct funding, the terminally ill and their families can be cared for in comfort and in an appropriate setting.”

Prior to the commencement of the meeting the Council’s Monitoring Officer had confirmed that the statutory officers did not need to provide any professional advice in relation to this motion and that therefore an Advisory Note pursuant to Council Procedure Rule 12.5 had not needed to be produced.

Councillor Doyle formally moved the motion, and Councillor Newton formally seconded the motion.

In accordance with provisions of Council Procedure 12.6 Councillor Doyle then explained the purpose of the Motion and Council proceeded to debate it.

Councillor Newton spoke during the debate on this matter.

Councillor P B Honeywood moved and Councillor M Cossens seconded that Councillor Doyle’s motion be amended to read (in its entirety) as follows:

“(a) That this Tendring District Council:-

(1)  notes that the NHS was set up to provide care from the cradle to the grave yet care at the end of life is currently greatly under resourced;

(2)  recognises the damaging effect the rising employer National Insurance contributions has had on private providers;

(3)  notes that the impact of this on the District of Tendring’s population is amplified due to its elderly demographic and has been exacerbated in recent times with a reduction in inpatient beds at end-of-life care providers, both charitable or otherwise, many of which are currently struggling financially;

(4)  laments that the District’s residents, like many across the country, are suffering, and too often  ...  view the full minutes text for item 53.

Council will consider a motion, notice of which has been given by Councillor Maurice Alexander pursuant to Council Procedure Rule 12.

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

“That the Leader of the Council be requested to write to the Police, Fire and Crime Commissioner to:-

(1)  highlight that the closure of the front counter at Clacton Police Station means that there are now no front office counters at police stations across the whole of Tendring;

(2)  raise concerns that some residents, especially the elderly or vulnerable, without internet access will find it harder to seek advice or support from the police; and

(3)  seek an assurance that this decision will be reversed if there is not a marked reduction in crime and an increase in public confidence.”

Prior to the commencement of the meeting the Council’s Monitoring Officer had confirmed that the statutory officers did not need to provide any professional advice in relation to this motion and that therefore an Advisory Note pursuant to Council Procedure 12.5 had not needed to be produced.

Councillor Alexander formally moved the motion, and Councillor Griffiths formally seconded the motion.

In accordance with the provisions of Council Procedure Rule 12.6 Councillor Alexander then explained the purpose of the Motion and Council proceeded to debate it.

Councillors Baker, Bray, Harris, Stephenson, White, Griffiths and Davis spoke during the debate on this matter.

Councillor Davis moved and Councillor Bray seconded that Councillor Alexander’s motion be amended by the addition of a few words under (3) as follows:

“(3)      seek an assurance that this decision will be reversed within 6 months if there is not a marked reduction in crime and an increase in public confidence.”

Pursuant to the provisions of Council Procedure Rule 16.6(a), Councillor Alexander, with the consent of Councillor Griffiths, accepted the amendment and altered his motion accordingly.

In addition, Councillor Casey spoke during the debate on this motion.

Councillor M E Stephenson then moved, and Councillor I J Henderson seconded that Councillor Alexander’s amended motion, be further amended as follows:-

“(3)      seek an assurance that this decision will be reversed within 1 year if there is not a marked reduction in crime and an increase in public confidence.”

Pursuant to the provisions of Council Procedure Rule 16.6(a), Councillor Alexander, with the consent of Councillor Griffiths, accepted the amendment and altered his motion accordingly.

In addition, Councillor Harris spoke during the debate on this motion.

Councillor Alexander’s motion, as amended, on being put to the vote was declared CARRIED.

Purpose

In readiness for the Executive Decision to be taken at the meeting of the Cabinet due to be held on 12 September 2025, responding to the Invitation from the Minister of State for Local Government and English Devolution to develop a proposal for local government reorganisation, Cabinet, at its meeting held on 25 July 2025:-

RECOMMENDED TO COUNCILthat, following an update to be provided by the Leader of the Council and the Chief Executive, at its meeting on 14 August 2025, Council considers the available information on the options for Local Government Reorganisation in Greater Essex, as they have been announced and formulated to this point and formally indicates the preference for one or other of those options and the rationale for this.

Background

On 5 February 2025, the Minister of State for Local Government and English Devolution wrote to Leaders of Councils in two-tier areas and Unitary Councils in Essex, formally inviting them, together with the other council leaders in the area, to develop a proposal for local government reorganisation. The formal invitation set out further detail on the criteria against which proposals will be assessed, guidance for the development of the proposals and the timeline for this process.  Councils are expected to submit a final proposal on Local Government Reorganisation by 26 September 2025. 

The Government’s policy position for local government reorganisation has significant implications for this Council, the residents and businesses of the District and local Town and Parish Councils and those in unparished areas.  Consequently, it is appropriate to enable all District Councillors to have this opportunity to consider the policy positions and intentions for the District and provide the Leader of the Council and Cabinet with feedback prior to an Executive Decision being made on the options before them.

A report is not being provided to support this recommendation, reliance is made on the content of previous reports to Council in January and March 2025, which contained the relevant information to support those decisions, and set out the process and criteria to consider at this stage.

[NOTE: With the agreement of the Chairman, prior to the consideration of the recommendation, there will be a presentation by the Chief Executive, in respect of the current position in regards to the proposed Local Government Reorganisation for Greater Essex.]

Council received a presentation by the Chief Executive which highlighted the following:-

-       Local Government Reorganisation Refresher;

-       Invitation to Submit a ‘Proposal for a single tier of local government’;

-       Submissions must have regard to Criteria as set out in Statutory Guidance;

-       Interim Plan and Ministry of Housing, Communities & Local Government feedback;

-       Developing the Proposals;

-       The current 4 options;

-       Principles of Five Unitary Authorities;

-       Essex County Council Position – Case for Three Unitary Authorities;

-       What is the Financial ‘Exam Question?’ Key Financial Questions ‘Set’ by the Ministry of Housing, Communities & Local Government;

-       Key Outputs from Work to Date;

-       Key Financial Output to Date;

-       Community Engagement;

-       Minister’s letter to Leaders & Statement 03.06.25;

-       Strong Accountable Leadership: Member Roles and Governance;

-       Flexibility & Maintaining a strong community voice;

-       Neighbourhood Area Committees;

-       Councillor Numbers;

-       Implementing the Preferred Option;

-       Next Steps for TDC;

-       LGR timetable following submission;

-       LGR timetable – Shadow authority to Vesting Day of Unitary.

Councillors Harris and Thompson asked questions on the contents of the presentation with replies thereto from the Chief Executive and the Monitoring Officer.

During the discussion of the Chief Executive’s presentation, Councillors Guglielmi and Everett indicated that their preferred option was UA 3.4 (which would see Tendring combined with Braintree, Colchester and Uttlesford). Councillors Talbot, Baker, Harris, Calver, Placey, Bray and Bush expressed their preference for UA 5.2 (which would see Tendring merged with Colchester and Braintree).

Following that discussion, it was moved by Councillor M E Stephenson and seconded by Councillor Kotz that, in accordance with the Council Procedure Rules, the Closure Motion “that the Council proceed to the next business” be put, which motion was declared CARRIED.

The Council will consider the proposed work programmes for the two overview and scrutiny committees (i.e. the Community Leadership Overview and Scrutiny Committee and the Resources and Services Overview and Scrutiny Committee) for 2025/2026 and will note the work carried out by those committees during 2024/2025.

Members were reminded that, at this Council, the overview and scrutiny function was facilitated through two separate Committees. Those were the Community Leadership and the Resources & Services Overview and Scrutiny Committees. Together, their work comprised the whole overview and scrutiny function on the Council.

Under the Council’s Overview and Scrutiny Procedure Rules, the Constitution stated, in relation to the Work Programme (Rule 7), that:-

“Each Overview and Scrutiny Committee will submit a work programme for the year ahead and a review of the previous year’s activities to the Council for approval. In addition, it will be responsible for coordinating and prioritising its work programme on an ongoing basis.”

In submitting their proposed work programmes for 2025/26, the Overview and Scrutiny Committees had taken into account:-

• the General Role and Principles of undertaking its functions, as set out in Part 2, Article 6;
• the planned work on the preparation of elements of the Budget and Policy Framework;
• provision for budget scrutiny and scrutiny of the Treasury Management Strategy, as appropriate;
• the need for statutory timetables to be met;
• the wishes of the Members of the Committee;
• requests from the Cabinet to carry out reviews and/or suggestions from the liaison meetings held under the Cabinet Overview & Scrutiny Protocol; and
• requests from Members and/or Group Leaders in accordance with Rule 8.

In addition, under Article 6.02 of the Constitution the separate Overview & Scrutiny Committees (OSCs) performed the role of overview and scrutiny in relation to:-

Resources and Services Overview and Scrutiny Committee

“the effective use of the Council’s resources including approval of discrete researched and evidenced reviews on the effectiveness of:

• Financial Forecast and Budget setting and monitoring (including the General Fund and the Housing Revenue Account but excluding those budgetary matters delegated to the Community Leadership Overview & Scrutiny Committee);
• Colchester/Tendring Borders Garden Community;
• Housing Strategy and Homeless Service;
• Service Delivery and Performance (where not delegated to the Community Leadership Overview and Scrutiny Committee);
• Procurement and Contract Management;
• Transformation and Digital Strategies; and
• Customer Service and Standards.”

Community Leadership Overview and Scrutiny Committee

“(a) Community Leadership – developing the external focus of overview and scrutiny on ‘district-wide issues’ (and where appropriate sub-regional, regional and national issues), in particular through collaborative work with local partner authorities, providers, stakeholders and members of the public.

• Approval of discrete researched and evidenced reviews on the effectiveness of partnership operating in the area with particular focus on:

o   Community Safety;

o   Health and Well-being;

o   Economy, Skills and Educational Attainment;

o   Community engagement, development and empowerment;

o   Economic Development, Regeneration and Freeport East;

o   Leisure and Tourism (except matters relating to budgets);

o   Planning & Building Control and Strategic Planning (including the Local Plan);

o   Emergency Planning; and

o   To scrutinise/review the outcomes and implications for the Council of its financial support to community organisations and also from its receipt and use of funds received from local partner organisations.

(b) The Community Leadership Overview & Scrutiny Committee will also act as the Council’s designated “crime and disorder committee” for the  ...  view the full minutes text for item 56.

To enable the Council to consider the recommendations of the Standards Committee following its review of the Complaints Procedure (Members’ Code of Conduct).

Council considered a reference report (A.3) from the Standards Committee which enabled Council to consider the recommendations of the Standards Committee following its review of the Complaints Procedure (Members’ Code of Conduct).

It was reported that, the Standards Committee, at its meeting held on 9 July 2025 (Minute 7 referred), had considered a report of the Corporate Director (Law and Governance) & the Monitoring Officer (A.2), which had reminded Members that the Council had approved the Standards Framework with effect from November 2013, and which had included a Complaints Procedure. The Complaints Procedure referred to a hearing in paragraph 7.1.2 and that it would follow procedures setting out how the hearing would be conducted. That Hearing Procedure had been reviewed by the Standards Committee in April 2024.

The purpose of the Complaints Procedure was to set out the framework as to how a complaint alleging a breach of the Members’ Code of Conduct would be dealt with. The review was being conducted as it was important to ensure the Council’s procedures reflected best practice and were up to date.

The proposed amendments considered points raised by members of the Standards Committee and the Council’s Independent Persons following a workshop with Officers to review the Complaints Procedure, such as strengthening and clarifying the investigation process should an alleged breach be determined for investigation by the Monitoring Officer and the process following the decision to be referred to the Standards Committee for a hearing.

It was moved by Councillor Talbot and:-

RESOLVED that Council, having considered the recommendations of the Standards Committee:-

a)    approves and adopts the amended Complaints Policy; and

b)    approves a delegation to the Standards Committee to amend the Complaints Procedure, following future reviews, for efficiency purposes and especially in readiness for Local Government Reorganisation preparation.

To enable the Council to consider the recommendation of the Planning Committee that future decisions for approval and/or entering into a Section 106 legal agreement with landowners for the establishment of Habitat Banks, along with any associated decisions around enforcement against non-compliance, should be delegated to the Head of Planning and Building Control.

Council considered a reference report (A.4) from the Planning Committee which enabled Council to consider the recommendations of the Planning Committee that future decisions for approval and/or entering into a Section 106 legal agreement with landowners for the establishment of Habitat Banks, along with associated decisions around enforcement against non-compliance, should be delegated to the Head of Planning and Building Control.

It was reported that, on 8 July 2025, the Planning Committee had considered a report of the Corporate Director (Planning and Community) that had previously gone to Cabinet in October 2024 under the Portfolio Holder responsible for Housing and Planning seeking Cabinet’s agreement to adopt a policy statement on “Biodiversity Net Gain” (BNG) to serve as the Council’s interim corporate position on the subject, ahead of detailed consideration as part of the forthcoming Local Plan review.

The policy as adopted for interim use was now applicable in the determination of planning applications and in the consideration of proposals for ‘Habitat Banks’. Habitat Banks were parcels of land where habitats had been created or enhanced, in advance, to provide an uplift of biodiversity units. Those surplus biodiversity units could then be sold to developers to meet their BNG requirements ‘off-site’. In order to sell off-site biodiversity units, there were a number of legislative criteria that must be met; and whilst the establishment of a Habitat Bank had not required planning permission, in many cases it would have required landowners to enter into a Section 106 legal agreement with the Council alongside a formal registration process with Natural England.

As well as agreeing to the adoption of the policy statement, the Cabinet had resolved to invite the Planning Committee, at its earliest convenience, to consider and determine how it would exercise its power in respect of Council decisions on entering into legal agreements with landowners under Section 106 of the Town and Country Planning Act 1990 for the purposes of setting up Habitat Banks, guided by the aforementioned policy and the advice of Officers – including the extent to which the Committee deemed it appropriate for such decision-making powers to be delegated to Officers; and any arrangements for public consultation on specific proposals. That was because this was a fairly new area of work with explicit arrangements set out in the Council’s Constitution in respect of delegated powers and no legislative requirements around public consultation.

It had been recommended by Officers to the Planning Committee that the consideration, approval and entering into Section 106 agreements with landowners for the establishment of Habitat Banks should be delegated to the Head of Planning and Building Control, along with decisions around future enforcement action against non-compliance. If agreed, it was recommended those arrangements should be put forward for consideration, as part of a future review of the Council’s Constitution, as to whether explicit amendments to the Delegated Powers section of Constitution or the terms of reference of the Planning Committee were required.

It had been also recommended by Officers to the Planning Committee that  ...  view the full minutes text for item 58.

To inform Council that, following the by-election in the Frinton Ward on 5 June 2025 and pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Anne Davishas become a member of the Reform UK political group.

The Chief Executive formally advised Council that, following the by-election in the Frinton Ward held of 5 June 2025 and pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Anne Davis served formal notice on the Council that she wished to be treated as a member of the Reform UK political group. That notice had been duly counter signed by the Leader of the Reform UK Group (Councillor Jeff Bray).

Members were aware that, under Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulations 1990, a review of the allocation of seats to political groups had been carried out. The results of that review were reported to Council elsewhere on the Agenda for this meeting.

Council noted the foregoing.

Following the by-election held in the Frinton Ward on 5 June 2025 and a meeting of Group Leaders held to discuss and decide the matter, Council is requested to approve the allocation to the political groups formed on Tendring District Council of seats on those bodies that are subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

In accordance with the wishes expressed by Group Leaders, Council will also appoint Members to serve on those bodies that are subject to the Rules of Political Proportionality (Section 15 of the Local Government and Housing Act 1989).

[NOTE: August 2025 – Membership of Committees/Sub-Committees to FOLLOW.]

Members were aware that, as part of the business that needed to be conducted at the meeting, Council would:-

(i)      decide the allocation of seats for all Committees and Sub-Committees to political groups in accordance with the political balance rules; and

(ii)    appoint Members to each Committee and Sub-Committee as appropriate.

Members were also aware that Councillor Anne Davis had recently joined the Reform UK Group following the by-election held in the Frinton Ward on 5 June 2025.

Council, with the assistance of the contents of the Chief Executive’s report (A.6), formally conducted the review referred to above.

Members had had circulated to them prior to the commencement of the meeting an amended Appendix 1 to the report A.6.

It was moved by Councillor M E Stephson, seconded by Councillor I J Henderson and:-

RESOLVED that –

(a)  Council approves the review of the allocation of places on relevant Committees, as set out in Table 2 in the Officer report (A.6) so far as it sets out the total number of seats on all those Committees to be allocated to political groups represented on the Council, (principle (c) of the “Principles”);

(b)  Council approves, the number of seats on each relevant Committee set out in Table 9 to be allocated to political groups such that, for each group, their proportion of seats on individual Committees is proportionate to their overall membership on the Council (principles (c) and (d) of the “Principles”):

TABLE 9

(c)   that the following changes to the allocations set out in Table 8 in the report be approved (the relevant allocations are shown in ‘*’ in Table 9 above):

(1)  the Labour Group having no seats on Planning Policy & Local Plan Committee (instead of one) and two seats on the Miscellaneous Licensing Sub-Committee (instead of one); and

(2)  the Independent Group having two seats on the Planning Policy & Local Plan Committee (instead of one) and no seats on the Miscellaneous Licensing Sub-Committee (instead of one).

Resolution (c) received a nemine contradicente vote.

(d)  Council approves, in so far as it reflects the earlier decisions on this matter, the appointment of Members to serve on the relevant Committees et cetera, as  ...  view the full minutes text for item 60.

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.

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.

One question on notice had been submitted by a Member on this occasion as set out below:-

Question

Councillor Chris Griffiths had asked Councillor Peter Kotz, the Portfolio Holder for Assets and Community Safety:-

“Local residents have expressed concern over a number of recent deliberately started fires in fields, woodlands and hedges, behind their homes in William Drive, George Close and Stanley Road. This has led to too many people fearing for both the safety of their families and their property. We understand that a request has been made to the Council for both CCTV, signage, and assistance with the farmer for a fire break in the field. Would it be possible for the Portfolio Holder to outline what action the Council is taking, along with its partners organisations to protect residents in this area from arsonists.”

Councillor Kotz, Portfolio Holder for Assets and Community Safety replied as follows:-

“May I thank Councillor Griffiths for notice of his question.

Tendring District Council has investigated the feasibility of installing CCTV; however, the land is privately owned (woodland) and not suitable for CCTV. There is no place to erect a CCTV camera and there is no power source. As the land is privately owned and not by Tendring District Council, we would not erect CCTV cameras on the land.

The issue of the fires was discussed at the meeting held with Councillors by Chief Inspector Austin as part of his tour who assure Councillors that the Police Service would work with the Fire Service to conduct door to door visits in the area to reassure residents.

Andy Marshall of Essex County Fire and Rescue Service has confirmed that William Drive is just one of the roads that surrounds a large farmers field of standing corn as well as Stanley Road, Cherry Tree Avenue, West Lane and Jaywick Lane which all sit along the curtilage of field alongside some smaller roads which run off these main thoroughfares.

On Thursday 7^th and Friday 8^th July 2025 the Police and Fire Service undertook door to door knocking in Stanley Road and Poplar Close, approximately 100 properties, which has generated over 35 home fire safety checks and home fire safety referrals.

The Police have door knocked the whole area, including William Drive to provide a level of assurance to residents.

The Essex County Fire and Rescue Service attend and put out fires when they are identified.

Tendring District Council’s Anti-Social Behaviour Officer, working with the Essex County Fire and Rescue Service, have obtained the details of the landowner and are arranging a joint site visit to better understand what action is deemed reasonable for the landowner to take to prevent fires from spreading to nearby properties. Tendring District Council and Essex County Fire and Rescue Service are considering sending a joint letter to  ...  view the full minutes text for item 61.

To enable Full Council to approve the seating plan for its meetings to be held during the 2025/2026 Municipal Year. The seating plan has been amended to reflect the election of the new Chairman of the Council, the appointment of the new Vice-Chairman of the Council and recent changes in the membership of political groups, including following the by-election in the Frinton Ward held on 5 June 2025.

Council’s approval was sought for the seating plan for its meetings to be held during the remainder of 2025/26 Municipal Year.

It was reported that the seating plan had been further amended to reflect the resignation of a Councillor from the Reform UK Group who had now become a non-aligned Member.

It was RESOLVED that the seating plan for full Council meetings to be held in the Princes Theatre during the remainder of the 2025/26 Municipal Year be approved.

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.