Agenda, decisions and minutes

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

There were no apologies for absence submitted on this occasion.

To confirm as a correct record the minutes of the last meeting of the Cabinet held on Friday 19 February 2021.

It was RESOLVED that the minutes of the meeting of the Cabinet held on Friday 19 February 2021 be approved as a correct record.

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 at this time.

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

There were no announcements made by the Leader of the Council on this occasion.

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

There were no announcements made by Cabinet Members on this occasion.

There are none on this occasion.

There were no matters referred to the Cabinet by the Council on this occasion.

To enable the Cabinet to consider the recommendations made by the Community Leadership Overview & Scrutiny Committee and the Resources and Services Overview & Scrutiny Committee following those Committees’ scrutiny of the Cabinet’s proposed key priority actions for 2021/22.

RESOLVED that the Overview and Scrutiny Committees be thanked for the views submitted and that the comments of the Leader of the Council, in response thereto, be endorsed.

Cabinet was aware that, at the meeting of the Community Leadership Overview and Scrutiny Committee held on 8 February 2021 that Committee had, inter alia, considered Cabinet’s proposed priority actions for 2021/22 to deliver against the themes of the Council’s adopted Corporate Plan 2020/24.

After deliberation that Committee had recommended to Cabinet that:-

·      Any specific schemes that Members wish to be considered be submitted to the appropriate Portfolio Holder for an initial evaluation and then submitted to Cabinet for its formal decision.

·      Cabinet re-examines its position with the view to establishing a wider focus in relation to the expenditure of monies.

Cabinet was further aware that the Resources and Services Overview & Scrutiny Committee, at its meeting held on 1 February 2021, had also considered Cabinet’s proposed priority actions for 2021/22 and had resolved that:-

“the Committee notes and fully endorses this report and thanks the Cabinet for bringing forth this piece of work.”

The Cabinet had before it the following response thereto which had been submitted by the Leader of the Council (Councillor Stock OBE):-

“I welcome the fact that Council’s Overview and Scrutiny Committees have been able to contribute to the discussion on the key priority actions for 2021/22. This matter is addressed in the report later in the agenda and the views of the Overview and Scrutiny Committees will be taken into account at that point in the meeting.”

Having considered the recommendations submitted by the Community Leadership Overview & Scrutiny Committee together with the Leader of the Council’s response thereto:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmiand:-

RESOLVED that the Overview and Scrutiny Committees be thanked for the views submitted and that the comments of the Leader of the Council, in response thereto, be endorsed.

To enable the Cabinet to consider the recommendations made by the Resources and Services Overview & Scrutiny Committee, the Community Leadership Overview & Scrutiny Committee and the Audit Committee following those Committees’ scrutiny of NEGC Ltd and the future governance arrangements for any Council controlled companies.

RESOLVED that the recommendations of the Overview and Scrutiny Committees and the Audit Committee be noted and the comments of the Corporate Finance & Governance Portfolio Holder, in response thereto, be endorsed.

Cabinet was aware that, at the meeting of the Resources and Services Overview and Scrutiny Committee held on 16 November 2020, that Committee had considered the Joint Scrutiny Panel’s final report following its activities of the former NEGC Ltd and the related subject of the governance mechanisms of future Council controlled companies.

After deliberation the Committee had recommended to Cabinet that:

(1)    To note that the winding up of NEGC Ltd meant that the rationale for establishing the Joint Scrutiny Panel, and the approved scope of the Panel, had also ended and that this Committee and the Community Leadership Overview and Scrutiny Committee would formally note that the Panel was being dissolved.

(2)    That this Committee having received the following recommendations from the Joint Scrutiny Panel and submits (a), (b) and (d) below to the Cabinet for its consideration:

(a)    To record and applaud the hard work of officers in respect of the development of the Tendring-Colchester Borders Garden Community that resulted in the proposals for the Garden Community being accepted by the Local Plan Inspector in his enquiry into the draft Local Plan.

(b)    To note that there is important work being undertaken on various work streams to secure an exemplar development through the Tendring-Colchester Borders Garden Community.

(c)    To establish a further Joint Scrutiny Panel at an appropriate time in the future to monitor, examine and review arrangements for delivery of the Tendring-Colchester Borders Garden Community (and particularly the commitments and financial expose of the Council to any external body established by the Council to lead on the development of that Garden Community).

(d)    To endorse the principle that where the Council establishes a company limited by shares (on its own or with other bodies) that it also establishes a Shareholder Group (either solely or with the other public bodies where the company established jointly) and that, the terms of reference similar to those set out at Appendix A to this report should form the terms of reference for that Shareholder Group, adjusted as necessary to the particular circumstances, business of the Company and consideration of such matters as:

(i)     How any co-opted members are used and how they are defined in the terms of reference;

(ii)    The Chairman of the relevant overview and scrutiny committee and the Chairman of the Audit Committee being appointed to the Shareholder Group as non-voting members; and

(iii)   Ensuring that any “invitations to attend” issued to councillors or officers etc. must be provided to such persons at least five working days in advance of the meeting.

Cabinet was also aware that the Audit Committee, at its meeting held on 25 February 2021, had considered the above recommendations of the Resources and Services Overview & Scrutiny Committee insofar as they related to the Audit Committee (i.e. those paragraphs highlighted in bold above).

Having expressed its concern and determination that the independence of the Audit Committee should be maintained the Audit Committee had:-

“RESOLVED that the Audit Committee -

(a)    notes the  ...  view the full minutes text for item 151.

To notify Members of recent urgent Executive Decision(s) taken by the Leader of the Council on behalf of the Cabinet.

RESOLVED that –

(a)   the contents of the report be noted; and

(b)   the urgent decision taken by the Leader of the Council on behalf of the Cabinet, as detailed in this report, be formally endorsed.

The Cabinet gave consideration to a report of the Leader of the Council (A.3) which notified Members of recent urgent Executive Decision(s) taken by the Leader of the Council on behalf of the Cabinet.

The Cabinet recalled that, as part of the Council’s response to the COVID-19 public health emergency the Council’s Monitoring Officer had produced a formal “Note on Decision Making Business Continuity Arrangements” which had set out the ways in which the normal operational business of the Council could continue in relation to decisions which would normally be referred to Cabinet, Council or Committees.

In relation to Cabinet decisions the Monitoring Officer’s formal Note, as issued on 20 March 2020, had contained, inter alia, the following information and advice:

“The Constitution requires certain matters to be decided by Cabinet collectively.  The Leader of the Council may exercise any of the powers delegated to the Cabinet:

a. Following a resolution of the Cabinet (subject to the Constitution), or

b. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer.

In cases of urgency the decision of the Leader of the Council will be recorded and published in accordance with the Constitution.  The Leader of the Council will also be required to make a public statement at the next formal meeting of the Cabinet which will explain why they had taken the decision as a matter of urgency.

Therefore, following consultation with the Leader of the Council, it is recommended that to enable formal decisions to be made on behalf of Cabinet the following procedure should be adopted:

·      a formal decision will be published recording the matters taken into account;

·      at the first formal meeting of Cabinet a report of the decisions taken by the Leader under urgency powers will be produced; and

·      if it was necessary for a key decision to made under urgency provisions this must be reported to Full Council (in accordance with the Access to Information Procedure Rules 15 & 16.2).

Whilst it was anticipated that decisions taken during urgency provisions would be limited or uncontroversial in nature, it must be highlighted that the ability of Members to undertake the statutory overview and scrutiny function is not removed.”

The Monitoring Officer had considered that, in responding to COVID-19, the Council was in exceptional times which therefore satisfied the grounds of urgency.

It was reported that in making the decision in question the Leader of the Council had exercised his delegated power as set out in the Council’s Constitution in Part 3, Schedule 3 (Responsibility for Executive Functions) - Section 3 (General Principles Regarding Decision Making by the Cabinet) – Principle 4b [Part 3.28].

Members were reminded that the decision taken as a matter of urgency had related to:-

“Extension of the Additional Restrictions Support Grant Scheme [Published 25 February 2021]

Decision: To extend the current Additional Restrictions Business Grant Scheme to 31 March 2021 (from 15 February 2021) to ensure it remains in line with the Government's Mandatory 'National Restrictions'  ...  view the full minutes text for item 152.

To receive the outcome of consultation with the two Overview and Scrutiny Committees on provisional key priority actions and performance monitoring arrangements agreed at its meeting on 29 January 2021. Cabinet is then invited to determine its key priority actions for 2021/22 and the means by which performance against the priorities will be monitored and reported on in that year.

RESOLVED that –

(a)    the outcome of the consultation with the Overview and Scrutiny Committees on the provisional list of key priority actions agreed by Cabinet on 29 January 2021 be received and welcomed;

(b)    the key priority actions for 2021/22, as set out at Appendix A to item A.4 of the Report of the Leader of the Council, be approved and adopted; and

(c)     the means by which performance against the priority actions will be monitored and reported on in that year be determined on the basis as set out in Appendix B to the aforementioned report.

Further to Minute 121 (29.1.21) and Minute 149 above, the Cabinet gave consideration to a report of the Leader of the Council (A.4) which requested it to finalise its key priority actions for 2021/22 and the means by which performance against the priorities would be monitored and reported on in that year. 

Having considered theoutcome of the consultation with the Overview and Scrutiny Committees on the provisional list of key priority actions agreed by Cabinet on 29 January 2021, together with the contents of the Leader of the Council’s report and its appendices:

It was moved by Councillor Stock OBE, moved by Councillor G V Guglielmiand:-

RESOLVED that –

(a)    the outcome of the consultation with the Overview and Scrutiny Committees on the provisional list of key priority actions agreed by Cabinet on 29 January 2021 be received and welcomed;

(b)    the key priority actions for 2021/22, as set out at Appendix A to item A.4 of the Report of the Leader of the Council, be approved and adopted; and

(c)    the means by which performance against the priority actions will be monitored and reported on in that year be determined on the basis as set out in Appendix B to the aforementioned report.

To enable Cabinet to give consideration to the programme of meetings for the 2021/2022 Municipal Year.

RESOLVED that –

(a)    the programme of meetings for the Council and Committees, as set out in the Appendix to item A.5 of the Report of the Corporate Finance & Governance Portfolio Holder, be agreed, in principle, and be submitted to the Annual Meeting of the Council for its formal approval; and

(b)     the proposed dates for All Member Briefings for Members be noted.

The Cabinet had before it a report of the Corporate Finance & Governance Portfolio Holder (A.5) which sought its consideration to the programme of meetings for the 2021/2022 Municipal Year and to enable it, as required by the Constitution, to submit a programme of meetings for formal approval to the Annual Meeting of the Council

Having considered the proposed programme of meetings:-

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

RESOLVED that –

(a)    the programme of meetings for the Council and Committees, as set out in the Appendix to item A.5 of the Report of the Corporate Finance & Governance Portfolio Holder, be agreed, in principle, and be submitted to the Annual Meeting of the Council for its formal approval; and

(b)    the proposed dates for All Member Briefings for Members be noted.

To determine whether The Never Say Die 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 the Jaywick Sands Revival Community Interest Company and Charity Based Society. No other criteria are pertinent.

RESOLVED that The Never Say Die Public House, 24 Broadway, Jaywick Sands, Clacton-on-Sea, Essex CO15 2EH 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 added to the Council’s List of Assets of Community Value.

The Cabinet gave consideration to a report of the Partnerships Portfolio Holder (A.6) which sought its determination whether The Never Say Die Public House, Jaywick Sands met 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 the Jaywick Sands Revival Community Interest Company (CIC) and Charity Based Society (CBC). No other criteria were pertinent.

It was reported that a valid nomination to register an asset of community value had been received for The Never Say Die PH, as shown identified in the plan included within Appendix A to the Portfolio Holder’s report.

Members were 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.

The Cabinet was further advised 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”.  The Portfolio Holder’s report provided an assessment of the nomination.

The Cabinet therefore were required to consider the content of the nomination against the statutory criteria (and no other factors) and determine whether the asset should be included within the Council’s List of Assets of Community Value.

Taking the evidence provided into account it was the Portfolio Holder’s recommendation that the building nominated did met the criteria as set out Section 88 of the Localism Act 2011 and that the building should be listed as an Asset of Community Value.

Having considered all of the information and advice contained in the Portfolio Holder’s report and its appendix:-

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

RESOLVED that The Never Say Die Public House, 24 Broadway, Jaywick Sands, Clacton-on-Sea, Essex CO15 2EH 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 added to the Council’s List of Assets of Community Value.

To seek approval from Cabinet to agree, in principle, the freehold purchase of a three-bedroomed residential property in Clacton-on-Sea to meet local housing needs.

RESOLVED that Cabinet –

(a)    authorises, in principle, the freehold purchase of the property for inclusion into the Council’s housing stock; and

(b)    authorises, in principle, the Corporate Director (Operations and Delivery) to enter into a contract and transfer deed to complete the purchase of the properties (including the completion of all necessary statutory agreements prior to the completion of the purchase), subject to the Cabinet’s decision to be taken later in the meeting (following the exclusion of the press and public) in respect of the related Part B report.

The Cabinet gave consideration to a joint report of the Corporate Finance & Governance Portfolio Holder and the Housing Portfolio Holder (A.7) which sought its approval in principle, for the freehold purchase of a three-bedroomed residential properties in Clacton-on-Sea to meet local housing needs.

Members were aware that the Council had a target to bring 200 additional homes into the council housing stock in order to meet rising demands for high quality, affordable housing in the District. Those homes would be acquired or built via a range of approaches.

It was reported that a development of new housing in Clacton had presented the Council with an opportunity to purchase a vacant three bedroom ex-Council house that was currently for sale on the open market in Clacton-on-Sea.

Members were aware that for a number of years the Council had had a strong demand for three bedroom houses. There were currently 145 families on the Housing Register seeking a three bedroom house in the Clacton-on-Sea area.

Cabinet was informed that in February 2021 Portfolio Holder approval had been obtained by Officers in order to initiate the Council’s Property Dealing Procedure, to obtain an independent valuation of the property and to negotiate a price with the owners.

Members were made aware that an independent market valuation had now been obtained and negotiations with the owner had been completed satisfactorily in order to enable the purchase to be progressed to a conclusion. Purchasing this property would add an additional property to the Council’s housing stock in the Housing Revenue Account in an area of high demand.

Cabinet was advised that this property met the criteria set out in the Council’s Housing Acquisitions and Development Strategy that had been approved in late 2020.

The terms of the purchase were set out in the related Part B report that was to be considered later in the meeting.

Having considered all of the information and advice contained in the Portfolio Holders’ joint report:-

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

RESOLVED that Cabinet –

(a)    authorises, in principle, the freehold purchase of the property for inclusion into the Council’s housing stock; and

(b)    authorises, in principle, the Corporate Director (Operations and Delivery) to enter into a contract and transfer deed to complete the purchase of the properties (including the completion of all necessary statutory agreements prior to the completion of the purchase), subject to the Cabinet’s decision to be taken later in the meeting (following the exclusion of the press and public) in respect of the related Part B report.

To recommend a Houses in Multiple Occupation (HMO) Policy for adoption.

RESOLVED that –

(a)    the HMO Policy, as set out in the Appendix to item A.8 of the Joint Report of the Corporate Finance & Governance Portfolio Holder and the Housing Portfolio Holder be adopted; and

(b)     the Housing Portfolio Holder be authorised to make updates or amendments to the policy, if required in the future.

Cabinet gave consideration to a joint report of the Corporate Finance & Governance Portfolio Holder and the Housing Portfolio Holder (A.8) which recommended a Houses in Multiple Occupation (HMO) Policy for adoption.

Members were informed that the HMO Policy set out the Council’s corporate approach to the approval of HMOs and the required management expectations and standards for HMOs in the District.

Having duly considered the information and advice contained in the Portfolio Holders’ joint report and its appendix:-

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

RESOLVED that –

(a)    the HMO Policy, as set out in the Appendix to item A.8 of the Joint Report of the Corporate Finance & Governance Portfolio Holder and the Housing Portfolio Holder be adopted; and

(b)    the Housing Portfolio Holder be authorised to make updates or amendments to the policy, if required in the future.

To provide an overview of the Council’s financial position against the budget as at the end of December 2020 and to present an updated long term forecast.

RESOLVED that –

(a)    in respect of the financial performance against the budget at the end of December 2020 the in-year position for 2020/21 be noted and the updated long term forecast agreed;

(b)    the proposed in-year adjustments to the budget, as set out in Appendix H to the Portfolio Holder’s report, be agreed;

(c)    the balance of £0.138m, that represents this Council’s unspent contribution to the NEGC project, be transferred and committed to the Tendring & Colchester Borders Garden Community project and that the Corporate Director (Place and Economy), in consultation with the Portfolio Holder for Corporate Finance and Governance, be authorised to approve the use of this funding as part of the associated local authority partnership arrangements; and

(d)    the Resources and Services Overview and Scrutiny Committee be consulted on both the in-year position for 2020/21 and the updated long-term forecast.

Cabinet gave consideration to a report of the Corporate Finance & Governance Portfolio Holder (A.9) which sought to provide it with an overview of the Council’s financial position against the budget as at the end of December 2020 and which presented it with an updated long term forecast.

The report was split over two distinct sections as follows:

(a)    the Council’s in-year financial position against the budget at the end of December 2020; and

(b)    an updated long term financial forecast.

(a)    In respect of the in-year financial position at the end of December 2020:

Cabinet was informed that the position to the end of December 2020, as set out in more detail within the report’s appendices, showed that overall the General Fund Revenue Account was underspent against the profiled budget by £12.867m (£10.000m of which related to the timing of expenditure from COVID funding received from the Government, including the accounting treatment of business rate reliefs). It was acknowledged that other expenditure or income trends might still be emerging with the position also largely reflecting the timing of other general expenditure and/or income budgets. However, any significant issues arising to date had been highlighted and comments provided as necessary within the Portfolio Holder’s report.

Members were made aware that in respect of other areas of the budget such as the Housing Revenue Account, capital programme, collection performance and treasury activity, apart from additional details set out in the report, there were no major issues that had been identified to date.

Cabinet was reminded that any emerging issues would be monitored and updates provided in future reports which would include their consideration as part of updating the long term financial forecast.

Members were advised that some necessary changes to the 2020/21 budget had been identified which were set out in Appendix H to the Portfolio Holder’s report. The same appendix also set out the necessary changes to the budget that reflected the on-going impact of COVID 19, the costs of which to date had been met by the general financial support provided by the Government.

It was reported that the net impact of the budget adjustments would be moved to, or from, the Forecast Risk Fund. At the end of the third quarter, it had been possible to make a contribution to the fund of £245k. As at the end of the third quarter a total of £0.286m had been contributed to the fund to date. This was £0.214m short of the required target of £0.500m set out in the long term forecast, which was a gap that could potentially be closed at the end of the year as part of the overall outturn position.

As in previous years, it was recognised that a number of smaller variances within services emerged over the course of the year that would not necessarily be specifically highlighted or discussed within the in-year finance reports. It was still therefore possible that a range of smaller variances could still remain at the end of the year  ...  view the full minutes text for item 158.

There are none on this occasion.

There were none on this occasion.

The Cabinet is asked to consider passing 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 Items 18 and 19 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor Stock OBE, 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 Items 18 and 19 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, as amended, of the Act.

To confirm as a correct record the exempt minute of the meeting of the Cabinet held on Friday 19 February 2021.

It was RESOLVED that the exempt minute of the meeting of the Cabinet, held on Friday 19 February 2021, be approved as a correct record.

To approve terms for the freehold purchase of a three-bedroomed residential property in Clacton-on-Sea.

RESOLVED that Cabinet –

(a)    approves the terms for the freehold purchase of the property in question;

(b)    authorises the Corporate Director (Operations and Delivery) to enter into a contract and transfer deed to complete the purchase of the property on the agreed terms and subject to such other terms that he considers necessary; and

(c)    approves the use of Section 106 affordable housing contributions to meet the purchase price.

RESOLVED that Cabinet –

(a)    approves the terms for the freehold purchase of the property in question;

(b)    authorises the Corporate Director (Operations and Delivery) to enter into a contract and transfer deed to complete the purchase of the property on the agreed terms and subject to such other terms that he considers necessary; and

(c)    approves the use of Section 106 affordable housing contributions to meet the purchase price.