Agenda, decisions and minutes

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

Apologies for absence were submitted on behalf of Councillor Joy Broderick (Leader of the Holland-on-Sea Group).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 14 September 2018.

It was RESOLVED that the Minutes of the meeting of the Cabinet held on Friday 14 September 2018 be approved as a correct record and 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 none declared at this time, though later in the meeting, under Minute 58 below, Councillor Talbot declared a personal interest in item A.3 of the Report of the Health and Education Portfolio Holder.

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

Ian Davidson, Chief Executive

The Leader of the Council, on behalf of the Cabinet, extended best wishes to Ian Davidson, the Council’s Chief Executive as he recovered from a medical procedure.

Harwich – BREXIT Opportunities

The Leader of the Council read out the following statement:-

“As Britain prepares to leave the EU on March 29th there is still much uncertainty as to what our future trading arrangements are going to be, particularly the customs and regulatory arrangements for goods being imported from and exported to the EU.

New arrangements, new systems and new ways of doing business might well create a lot of challenges for the business community and indeed the country as a whole but amidst that fog of uncertainty there could be opportunities to create new jobs and employment in this district and specifically in and around the International port of Harwich and I am determined that we explore every possible opportunity that could arise regardless of the sort of Brexit we end up with.

I make no comment or prediction about which version of Brexit might be best for the country or the national economy, I just recognise that history is very clear that with every dramatic change of circumstances that has befallen this country there have followed challenges and problems, of course, but also new openings and opportunities. I want us to be on the front foot as a district, seeking to exploit any possible advantages for this area and for our residents. Fortune favours the bold, and this Council has always been at its best when it has been bold.

I am not going to attempt to prophesise what those opportunities will look like, as it all depends on the precise details of the deal that gets agreed, or even the lack thereof. It might simply be that Harwich could provide additional capacity for Felixstowe, which is only 2 miles across the River Stour and where currently 40% of all UK imports are landed. Or perhaps we could see a requirement for new customs posts to inspect goods or collect import duties coming in from the EU, and we could help to establish that facility in Harwich. Whatever the scenario is we need to do all we can to identify as soon as possible the impact of leaving the EU and to exploit any opportunities we can to the benefit of this District.

I make this statement today to announce that I am asking our officers to draw up a report, as a matter of urgency, to look at how we can address these aforementioned issues, how we can make sure we are in the strongest possible position to identify the opportunities from Brexit and to have in place the necessary resources to exploit those opportunities to the fullest extent.”

Manningtree Rail Crossing Road Improvements

The Leader of the Council read out the following statement:-

“My other announcement today concerns the Manningtree rail crossing. This is an issue I have raised before on several occasions.  ...  view the full minutes text for item 53.

The Cabinet is asked to note any announcements made by Members of the Cabinet.

There were none on this occasion.

To report to Cabinet a motion submitted at the meeting of the Council held on 11 September 2018.

RECOMMENDED TO COUNCIL that Council does not support the motion in its original format and that instead the following amended motion be approved:-

“That this Council takes the following steps in order to see that every child in the District of Tendring can be taught to swim, before they leave primary school education:

(a)  the Community Leadership Overview and Scrutiny Committee invite the Director for Education from Essex County Council to attend a future meeting of that Committee in order to discuss how all schools can meet their statutory duty and move towards 100% of the District’s children learning to swim before they leave primary school education; and

(b) that Officers continue work with partners to develop a cohesive plan to further improve safety measures across the District’s coastline and report back with findings and any recommendations to Cabinet in February 2019, for implementation prior to the 2019 season.”

Cabinet was aware that, at the meeting of the Council held on 11 September 2018, the following motion had been moved by Councillor Pemberton and seconded by Councillor Gray and, in accordance with Council Procedure Rule 12.4, had stood referred to the Cabinet for consideration and report:

“That this Council takes the necessary steps to offer, at Clacton Leisure Centre and other suitable venues, up to six free swimming lessons every year for all children under the age of 15 years, in order to see that every child in the District of Tendring can be taught to swim, cope with a riptide or strong current, swim/float fully clothed and learn basic life-saving.”

Members were informed that, in accordance with Council Procedure Rule 12.5, Councillor Pemberton had been invited to attend the meeting and explain the motion. However, Councillor Pemberton had informed Officers that, due to his work commitments, he would be unable to attend the Cabinet meeting. He had, therefore, asked Councillor Davis to explain the motion on his behalf.

Cabinet had before it a written submission which had been circulated, on behalf of Councillor Davis, prior to the meeting.

Councillor Davis attended the meeting and formally explained Councillor Pemberton’s motion.

The Leisure and Tourism Portfolio Holder (Councillor Skeels Snr.) then responded, as follows, to the issues and matters raised by Councillor Pemberton in his motion and in Councillor Davis’ written and oral submissions:-

“I would like to thank Councillor Pemberton for his motion; he raises an issue of the greatest significance.

As all Members will no doubt be aware, each school has a statutory obligation under the National Curriculum to provide swimming instruction for every child either in key stage 1 or key stage 2.

As a result of this, children should be able to swim competently, confidently and proficiently over a distance of at least 25 meters using a range of strokes; and perform safe self-rescue in different water-based situations by the time they leave primary school.

It is not clear that every school in the District is meeting this obligation and in our role as Community Leaders, we need to try to understand why and if we can support schools to ensure this vital strand of education is taking place.

There is far from any guarantee that Free Swimming Lessons provided by ourselves or any other agency, would attract any additional children than are currently participating in a Learn to Swim programme.  It would make sense therefore, that we focus our efforts on ensuring our local children are taught to swim ‘competently and proficiently’ in their primary school, as should be their entitlement.

With that in mind, it is my suggestion that we invite the Director for Education from Essex County Council to attend a future meeting of the Community Leadership Overview and Scrutiny Committee to discuss how we can move towards 100% of our local children learning to swim before they leave primary school education.

Further to this, it is important the Council does not make  ...  view the full minutes text for item 55.

To enable Cabinet to give consideration to recommendations made by the Resources and Services Overview and Scrutiny Committee in respect of the Financial Performance Report and long-term financial forecast update.

RESOLVED that the Resources and Services Overview and Scrutiny Committee’s comments and recommendations be noted and that the responses of the Finance and Corporate Resources Portfolio Holder thereto be endorsed.

Cabinet was informed that, at the meeting of the Resources and Services Overview and Scrutiny Committee held on 17 September 2018 (Minute 29 referred), that Committee had had before it a report of the Deputy Chief Executive (Corporate Services), which had presented it with an overview of the Council’s actual financial position against the budget as at the end of July 2018 and which had also presented an updated forecast on an on-going basis as part of developing the budget for 2019/20 and beyond.

Having considered and discussed the report the Resources and Services Overview and Scrutiny Committee had:-

“RESOLVED that this Committee comments and recommends to Cabinet that –

(1) the Committee proposes that in respect of the in-year position for 2018/19, the Committee notes the position regarding planning income which was expected at some point given the progress of the local plan.  However, it is suggested that if this trend in planning income continues, Officers explore ways to manage the cash flow implications across financial years to alleviate any adverse implications on the budget in any one year.

(2) the Committee will remain alert to the rental income situation within the HRA and hope to see the position stabilise over the coming year.  Although not necessarily for inclusion in future reports, it would be helpful for Members to receive more detailed information concerning void periods on a regular basis whilst the current adverse position continues.

(3) in respect of the money owed by one public sector debtor, it would be helpful to the Council’s cash flow position if the relevant service took whatever steps necessary to ensure that money is recovered as soon as possible during the year.

(4) in respect of the Updated Forecast, the Committee notes the updated forecast but in respect of the cost pressure allowance figure of £150k, which is recognised as one of the highest risks to the forecast, the Committee waits to see the level of cost pressures submitted by Services for 2019/20.

(5) the Committee hopes that the Council and its Essex neighbours are successful in forming a business rate pilot/pool in 2019/20 given the level of additional income that this is likely to generate in the area.

(6) when Cabinet see the recommendations from this Committee, Cabinet’s recommendations and comments are to go forward onto this Committee’s next agenda.”

Cabinet was made aware that the Finance and Corporate Resources Portfolio Holder had thanked the Resources and Services Overview and Scrutiny Committee (RSOSC) for its recommendations and had commented as follows:-

“(a) That in respect of point (1), it is recognised that this is a significant risk to the forecast and will be kept under review, with Officers requested to explore how such cash flow implications can be managed across financial years if required; but we need to recognise that planning Income was always going to level out, once the onslaught of speculative applications decreased, but rest assured that this will continue to be monitored;

(b) that in respect of point  ...  view the full minutes text for item 56.

There are none on this occasion.

There were none on this occasion.

To determine whether The Globe Inn meets the criteria set out in the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012 following its nomination as an Asset of Community Value by Tendring CAMRA Branch.

RESOLVED that The Globe Inn, Castlegate Street, Harwich, CO12 3HA does meet the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011 and that therefore the asset be now added to the Council’s list of Assets of Community Value.

Councillor Talbot declared a Personal Interest in this matter insofar as he was a member of CAMRA.

The Cabinet gave consideration to a report of the Health and Education Portfolio Holder (A.3) which sought its determination whether The Globe Inn, Castlegate Street, Harwich met the criteria set out in the Localism Act 2011 (“the Act”) and the Assets of Community Value (England) Regulations 2012 (“the Regulations”) following its valid nomination as an Asset of Community Value by Tendring CAMRA Branch. No other criteria were pertinent to the decision.

Cabinet was reminded that if a local authority received a valid nomination, it must determine whether the land or building nominated met the definition of an asset of community value as set out in Section 88 of the Localism Act 2011 and The Assets of Community Value Regulations 2012.

Members were made aware that the Government’s non-statutory guidance defined an asset of community value as: “Building or other land whose main (i.e. “non-ancillary”) use furthers the social wellbeing or social interests of the local community, or has recently done so and is likely to do so in the future”. 

Cabinet was informed that taking the evidence provided into account it was the advice of Officers that the building nominated did meet the criteria set out in Section 88 of the Localism Act 2011. Accordingly it was being recommended by Officers that the building should be listed as an Asset of Community Value.

Having considered the valid nomination submitted by the Tendring CAMRA Branch together with the advice of Officers:-

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

RESOLVED that The Globe Inn, Castlegate Street, Harwich, CO12 3HA does meet the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011 and that therefore the asset be now added to the Council’s list of Assets of Community Value.

There are none on this occasion.

There were none on this occasion.

The Cabinet is asked to consider the following resolution:

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 12 on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor Stock, seconded by Councillor G V Guglielmi and:-

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 12 on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.

To confirm and sign the exempt minute of the meeting of the Cabinet held on Friday 14 September 2018.

It was RESOLVED that the Exempt Minute of the meeting of the Cabinet held on Friday 14 September 2018 be approved as a correct record and signed by the Chairman.