Agenda and draft minutes

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

An apology for absence was submitted on behalf of Councillor J Henderson (with no substitute).

To confirm and sign as a correct record, the minutes of the meeting of the Standards Committee, held on Thursday 16 May 2024.

It was moved by Councillor Alexander, seconded by Councillor Talbot and:-

RESOLVED that the Minutes of the meeting of the Committee held on Thursday 16 May 2024 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.

In relation to report A.2 (Review of Tendring District Council’s Members’ Planning Code and Protocol), Councillors Alexander and Wiggins both declared as a point of information for the public record that they were current serving members of the Council’s Planning Committee.

Sue Gallone, one of the Council’s Independent Persons, declared that she could potentially have an interest in report A.1 (Independent Persons Recruitment).

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 Committee to comment on Independent Persons’ recruitment pack prior to advertisement and to determine the representatives of the Standards Committee on the interview panel.

It was reported that, at its meeting held on 27 November 2018, Full Council had agreed the appointment of Mr David Irvine, Mrs Clarissa Gosling, Mrs Jane Watts and Mrs Sue Gallone as the Council’s Independent Persons for the purposes of standards arrangements.

Those appointments as Independent Persons (IPs) had subsequently been extended for a year from May 2023, at the Full Council meeting held on 22 November 2022 (Minute 52 referred).

More recently, at the Annual Meeting of the Council held on 30 April 2024, Members had approved (Minute 14 referred) that –

1.      The previous local arrangements for joint appointments to both roles, being the Independent Remuneration Panel and Independent Persons ceases;

2.      Future arrangements continue to be explored for a joint Independent Remuneration Panel with other Councils, and the delegation for recruitment be extended to the Chief Executive and Monitoring Officer for recommendations to be made to a future meeting of Full Council;

3.      For the purposes of (b) above the term of office of future Independent Remuneration Panel members be for a period of up to 7 years, being staggered if appropriate, to cover the Review of the Members’ Allowances Scheme for 2026/27 and into the net term of office for District Councillors; and

4.      The term of office for those Independent Persons who express and interest in doing so, be extended for a further year without an application process, in order to allow a separate recruitment exercise to be undertaken for the sole role of Independent Person.

Recruitment and Alternative Options

The Committee was advised that, with regard to the roles of Independent Persons for the Ethical Standard arrangements, a pool of Independent Persons was available through the Public Law Partnership (covering Essex, Hertfordshire and Suffolk) that could be called on by any Authority, subject to the necessary approvals through formal appointments.  Those arrangements were considered appropriate to use where capacity or conflicts of interest were an issue.  Whilst the Council had previously approved and adopted this flexibility, using the pool had not been required due to this Council having four Independent Persons.  Therefore, it was still considered prudent for Tendring District Council to continue recruiting and appointing its own Independent Persons whilst retaining the flexibility of a wider pool to call upon if necessary.

Members were made aware that since the recruitment last undertaken in 2018, the Committee on Standards in Public Life (CSPL) had published its report in January 2019, which had included recommendations with regards to the role of the Independent Persons. The then Government had then responded to them in March 2022.  Therefore, it was timely for Tendring District Council to review its own approach and give consideration to different options and to determine the best one for its own governance arrangements. The Government supported such choices to be determined at a local level.

Term of Office

It was highlighted that whilst the term of office would be determined by Full Council upon appointment, the practice which had been adopted since  ...  view the full minutes text for item 25.

To enable the Committee to consider the results of the review of the Planning Protocol carried out by the Monitoring Officer and her Team.

To seek the Committee’s approval that members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons be consulted on the draft revised Planning Probity Protocol.

The Committee considered a report of the Monitoring Officer (A.2) that set out the results of the review of the Planning Protocol carried out by the Monitoring Officer and her team. That report also sought the Committee’s approval that members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons be consulted on the draft revised Planning Probity Protocol.

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. The Standards Committee had subsequently agreed through its work programme to review the Council’s Planning Code & Protocol.

Following a review carried out in 2020/21 no changes had been suggested as a result of the LGA’s Guidance though additional wording had been recommended to cover situations when it was not possible to undertake Site Visits and to clarify this did not impact upon the Planning Committee’s ability to determine planning applications.

Members were reminded that, at its meeting held on 19 July 2023, the Committee had decided, amongst other things, that a further review of the Council’s Planning Code and Protocol be carried out in order to ensure it still adhered to best practice and was easy to follow. That review conducted had researched the various examples suggested by Planning Advisory Service (PAS) as best practice and the outcome had resulted in a revised approach with the first step being to refer to the document as the ‘Planning Probity Protocol’. This also aligned with the Planning Probity Protocol adopted for the Tendring Colchester Borders Garden Community Joint Committee.

This report therefore set out initial proposals following the review by the Monitoring Officer and her team and following consideration by the Committee, sought its approval to consult with relevant parties.

The following alterations were put forward at the meeting:-

(1)    to highlight the vital necessity of the Committee membership staying together as one group whilst attending a site visit and not to allow itself to be split up into smaller groups thereby leaving Members vulnerable to acts of lobbying, physical or verbal intimidation et cetera;

(2)    to highlight that Planning Committee members should refrain from expressing their personal views, opinions, emotions at meetings but should instead restrict themselves to matters of planning policy (whether national or local);

(3)    to acknowledge that being a member of the Planning Committee can be a difficult role to carry out; and

(4)    to reflect within paragraph 9.21 that if Members are in doubt as to whether they have an Interest in a particular matter then they should discuss it with Officers and to also cross-reference that paragraph to the information provided by the Monitoring Officer to Members in respect of the Declaration of Interests.

It was thereupon moved by Councillor Talbot, seconded by Councillor Alexander and:-

RESOLVED that –

(a)    the outcome of the review of the Planning Protocol carried out by the Monitoring Officer and her team be noted;

 (b) approves  ...  view the full minutes text for item 26.

To enable the Committee to appoint Tendring District Council’s members to serve on the Town and Parish Councils’ Standards Sub-Committee for the remainder of the 2024/2025 Municipal Year.

Members were reminded 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]

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 19 July 2023 (Minute 7 referred), had appointed Councillors Ann Oxley, Michael Talbot and Ann Wiggins to serve on the Town and Parish Councils’ Standards Sub-Committee. The Committee had also been informed at that meeting of TDALC’s nominated members.

The Committee was informed that Frank Belgrove, Alresford Parish Councillor and the Chairman of TDALC, had emailed the Committee Services Manager on 23 September 2024 and had confirmed that TDALC’s three appointments to the Town & Parish Councils’ Standards Sub-Committee remained 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.

Following the discussion of this matter, it was moved by Councillor Talbot, seconded by Councillor Oxley and:-

RESOLVED that –

(a)    Councillors Oxley, Talbot and Wiggins plus Councillor Newton as the designated substitute Member be appointed to serve on the Town & Parish Councils’ Standards Sub-Committee for the remainder of the 2024/2025 Municipal Year;

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

(c)    the Committee recommends to full Council that Article 9.05(2) of the Council’s Constitution be amended to state that Tendring District Council would prefer that TDALC’s three nominated members on the Town & Parish Councils’ Standards Sub-Committee represent different parish/town councils.

To enable the Committee to give further consideration to its Work Plan for the 2024/25 Municipal Year. The work plan has been revised to reflect the impact of the cancellation (due to the Parliamentary General Election) of the meeting of the Committee that should have taken place in July 2024.

The Committee gave further consideration to its Work Plan for the 2024/25 Municipal Year. The work plan had been revised to reflect the impact of the cancellation (due to the Parliamentary General Election) of the meeting of the Committee that should have taken place in July 2024.

The revised Work Plan for 2024/2025 was as follows:-

24^th October 2024

·      Review of the Independent Person recruitment preparations for 2025

·      Review of the Planning Probity Protocol – Initial Draft for Consultation Purposes

·      Regular Complaints update by Monitoring Officer (including Town and Parish Councils Code of Conduct and Interests matters)

·      Appointment of the TDC Members of the Town & Parish Councils’ Standards Sub-Committee for 2024/25

5^th February 2025

·      Case review and guidance update for the Committee on decisions and actions taken nationally

·      Licensing and Registration Committee Probity Protocol – Initial Draft for Consultation Purposes

·      Review of the Planning Probity Protocol – Final Draft for Submission to Full Council

·      Review of the Hearings Procedure

·      Regular Complaints update by Monitoring Officer

9^th April 2025

·      Annual Update on Mandatory Training for Members

·      Annual Report on declarations of interest (meetings, gifts and hospitality)

·      Review of the Monitoring Officer Protocol

·      Regular Complaints update by Monitoring Officer

·      Annual Work Programme for 2025/26

Members were made aware that individual matters might be referred to those meetings by the Monitoring Officer, in accordance with the Committee’s Terms of Reference as necessary, for example, an appeal against a dispensation decision or a Code of Conduct hearing.

Having duly considered and discussed the contents of the revised work plan:-

It was moved by Councillor Talbot, seconded by Councillor Alexander and:-

RESOLVED that the revised Work Plan for the Standards Committee for the remainder of the 2024/2025 Municipal Year be approved and adopted.

The Committee will receive the Monitoring Officer’s update regarding standards complaints.

The Committee had before it the Monitoring Officer’s update on existing and new conduct complaint cases.

In response to a question previously raised by Councillor Oxley, and following the Standards Hearing in May 2024 at which Councillor Turner had been found to have breached the Members’ Code of Conduct and sanctions had been imposed upon Councillor Turner, the Monitoring Officer informed the Committee that she had written on two occasions to Councillor Turner to follow up on those sanctions i.e. to arrange a reflective 1.1 session around learning from the complaint and also that Councillor Turner was required to issue an apology both to this Council and the Coastal SIG.

The Monitoring Officer further reported that, to date, no response had been forthcoming from  ...  view the full minutes text for item 29.