Agenda and minutes

The Committee is asked to note any apologies for absence and substitutions received from Members.

Apologies for absence were submitted on behalf of Councillor Land, Sue Gallone and Clarissa Gosling (two of the Council’s Independent Persons).

To confirm and sign as a correct record, the minutes of the meeting of the Standards Committee, held on Wednesday 15 March 2023.

It was moved by Councillor J Henderson, duly seconded and:-

RESOLVED that the Minutes of the meeting of the Committee held on Wednesday 15 March 2023 be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, 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.

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

No Questions on Notice had been submitted by Members pursuant to Council Procedure Rule 38 on this occasion.

To enable the new membership of the Standards Committee to familiarise themselves with the Council’s Standards Framework and to be introduced to the Committee’s work plan for the 2023/24 Municipal Year.

The Committee considered a report, which enabled the new membership of the Standards Committee to familiarise themselves with the Council’s Standards Framework and to be introduced to the Committee’s work plan for the 2023/24 Municipal Year.

Members were reminded that Full Council, at its meeting in November 2022, had adopted the Local Government Association’s Model Members’ Code of Conduct, for the purposes of Sections 27 and 28 of the Localism Act 2011.  This had commenced from the Annual Council meeting in May 2023.

It was reported that Section 28 of the Localism Act 2011 also required the District Council to have in place arrangements under which allegations could be investigated and in November 2013 Full Council had approved, and adopted, the Standards Committee’s Terms of Reference and a package of procedures and protocols.  Those collectively formed the District Council’s Standards Framework.

The Committee was informed that Council Procedure Rule 33.3 (Training Members of the Audit, Licensing and Registration, Planning and Standards Committees) stated that:-

•    In addition to specific training required as and when necessary, training shall be provided to all Members appointed to the Audit, Licensing and Registration, Planning and Standards Committees on an annual basis at an appropriate date and time after each annual meeting of the Council and such training shall be mandatory. The Monitoring Officer shall define what is meant by the word “mandatory” and they will also decide whether the training offered/provided is/was sufficient and “fit for purpose”.

•    A Member cannot sit as a member of the Standards Committee unless they have received specific training with regard to the Hearings Procedure and participation in Hearings

Members of the Standards Committee would receive the relevant hearing procedure training prior to any hearings if scheduled.

The Committee was reminded that the seven elements of the Council’s Standards Framework were as follows:

i.     The Members’ Code of Conduct

ii.     The Terms of Reference and Delegated Powers for the Standards Committee and the Town and Parish Council’s Sub-Committee

iii.    The annual work programme adopted by the Committee

iv.   The Monitoring Officer Protocol

v.    The Independent Person’s Protocol

vi.   Member and Officer Relations Protocol

vii.   The Complaints Procedure

With the exception of (iii) above, the Code, Protocols and Complaints Procedure were all contained within Part 6 of the Council’s Constitution.  The Terms of Reference of the Committee and the Town and Parish Councils’ Standards Sub-Committee and the annual work programme were included as Appendices A and B respectively to item A.1 of the Reportof the Monitoring Officer.

Members were advised that the overall approach of the arrangements was to seek:

•      Information and training for Members and Officers to increase awareness and support good standards of behaviour

•      Proportionality – responses to complaints which were proportionate to their seriousness

•      Timeliness – with clear timescales for the various stages of complaints to be progressed

•      Checks, balances, reporting requirements and delegation to the Monitoring Officer of key elements of the process to maximise independence from the political process

•  ...  view the full minutes text for item 5.

To consider whether a wider review of the Council’s Members’ Planning Code & Protocol adopted in 2015 and updated in 2021, should be undertaken following the request by Cabinet and Council to give further guidance to site visit procedures, reflecting upon whether a revised approach should be taken to produce an easier to understand document.

The Committee considered whether a wider review of the Council’s ‘Members’ Planning Code & Protocol’ adopted in 2015 (and subsequently updated in 2021), should be undertaken following the request by Cabinet and Council to give further guidance to site visit procedures, reflecting upon whether a revised approach should be taken to produce an easier to understand document.

It was reported that, in December 2019, the Local Government Association (LGA) had issued its ‘Probity in Planning Guidance – Advice for Councillors and Officers making planning decisions’. This document was included as Appendix A to item A.2 of the Report of the Monitoring Officer.  The Standards Committee had subsequently agreed through its work programme to review the Council’s Planning Code & Protocol following the LGA publication.

Members were informed that, following the 2020/21 review, no further changes had been suggested as a result of the LGA’s guidance. However, additional wording had been recommended to cover situations when it was not possible to undertake Site Visits and to clarify that this would not impact upon the Planning Committee’s ability to determine planning applications.  The Council’s current version of the Council’s Planning Code and Protocol was attached as Appendix B to the Officer report.

The Committee was reminded that, following the work of the Constitution Review Working Party (CRWP) in late 2022 and 2023, and consequent recommendations from Cabinet, Full Council had resolved at its meeting on 2nd March 2023 (minute no. 106 referred) that:-

(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.

The matters raised by the CRWP were contained within the body of the Officer report, in the Background Section, and related to lobbying, site visits, training and links to the Code of Conduct.  The Monitoring Officer felt that a definition of lobbying could easily be included and additional wording provided for site visits.  The recent training of the Planning Committee Members and their substitutes (and which had been offered to all Members), had been delivered in May 2023, and had covered site visits.  However, it was now proposed by the Monitoring Officer that a wider review of the Council’s Protocol be undertaken, not to alter the principles thereof but to produce a more user-friendly document.

The Committee was made aware that through the production of the Planning Probity Protocol for the Tendring Colchester Borders Garden Community Joint Committee in 2022, as set out at Appendix C to the Officer report, a different format had been adopted, and which was considered to be easier to follow. 

In addition, the Planning Advisory Service (PAS) through their website  ...  view the full minutes text for item 6.

To enable the Committee to appoint Tendring District Council’s members to serve on the Town and Parish Councils’ Standards Sub-Committee for the 2023/2024 Municipal Year.

The Committee considered the appointment of Tendring District Council’s members to serve on the Town and Parish Councils’ Standards Sub-Committee for the 2023/2024 Municipal Year.

Members recalled that Article 9 (Standards Committee and Town & Parish Councils’ Standards Sub-Committee) of the Council’s Constitution stated that the Council would have, in place, a Town & Parish Councils’ Standards Sub-Committee with the following terms of reference:-

“To advise and assist Town and Parish Councils and Councillors to maintain high standards of conduct and to make recommendations to Parish and Town Councils on improving standards or actions following a finding of a failure by a Parish Councillor to comply with its Code of Conduct.” [Article 9.05]

Members were reminded that Article 9.05 also required the Sub-Committee to consist of three members of the Standards Committee and three non-voting co-opted Town & Parish Council members nominated by the Tendring District Association of Local Councils (TDALC). In addition, the nominated Town & Parish Council members would be of an independent standing and they would not have served as a District Councillor or as a County Councillor for a period of four years prior to their nomination.

It was reported that the Standards Committee, at its meeting held on 3 August 2022 (Minute 7 referred), had appointed Councillors Dan Casey, Gina Placey and Graham Steady to serve on the Town and Parish Councils’ Standards Sub-Committee.

Since that time, Councillors Casey, Placey and Steady had not been re-appointed as members of the Standards Committee, at the Annual Meeting of the Council held on 23 May 2023.

The Committee was informed that Frank Belgrove, Alresford Parish Councillor and the Chairman of TDALC, had emailed  the Committee Services Manager on 25 May 2023 as follows:-

“Yesterday, Wednesday 24th May 2023, we held our AGM. I was elected as the new Chairman as Linda had stood down, and Cllr Danny Botterell is the new Vice Chairman.

To confirm the Tendring District Association of Local Councils (TDALC) has approved three appointments to the Standards Committee / Sub Committee as listed below.

1. Cllr Frank Belgrove (Chairman TDALC) Alresford PC;

2. Cllr Danny Botterell (Vice Chairman TDALC) Little Clacton PC; and

3. Cllr Linda Belgrove (Member TDALC) - Alresford PC.”

It was moved by Councillor Ferguson, seconded by Councillor J Henderson and:-

RESOLVED that the Standards Committee:-

(a)    hereby appoints Councillors Oxley, Talbot and Wiggins to serve on the Town & Parish Councils’ Standards Sub-Committee for the 2023/2024 Municipal Year; and

(b)     notes, welcomes and endorses that the Tendring District Association of Local Councils (TDALC) has appointed Parish Councillors Frank Belgrove, Linda Belgrove and Danny Botterell as their three non-voting, co-opted members of that Sub-Committee.

The Committee will receive the Monitoring Officer’s quarterly update regarding standards complaints together with an update on other pertinent matters.

The Committee had before it the Monitoring Officer’s quarterly schedule, which updated it on existing and new conduct complaint cases, along with other general matters.

In response to a question from an Independent Person, the Executive Projects Manager (Karen Townshend) confirmed that training on the Council’s newly adopted Code of Conduct would be offered to the Independent Persons.

The Committee noted the foregoing.