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 behalf of Councillors on this occasion.

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 23 April 2021.

It was RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 23 April 2021, be approved as a correct record and be 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.

No declarations of interest by Councillors were made in relation to any item on the agenda.

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.

There are none on this occasion.

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

There are none on this occasion.

There were no matters submitted to the Cabinet by the Leader of the Council on this occasion.

To approve the development of a Covered Market and Managed Workspace facility at Jaywick Sands and to make the necessary associated decisions required to deliver the project, including seeking approval to use the land held in the HRA for non-housing purposes.

RESOLVED that Cabinet –

(1)     formally approves the Jaywick Sands Covered Market and Commercial Space project to be delivered through the funding received from the South East Local Enterprise Partnership from the Government’s GBF scheme;

(2)     agrees to the project being included within the 2021/22 Capital Programme  with a budget of £2.428m funded by £1.97m from SELEP, £350k from ECC and £105k from the Council’s existing budget relating to the provision of Housing in Jaywick Sands and authorises the Chief Executive to enter into the Funding Agreement with Essex County Council following consultation with the Portfolio Holders for Housing and Business and Economic Growth and the Section 151 and Monitoring Officers;

(3)     agrees, in principle, to the land on the north side of Brooklands, Jaywick Sands and known as the market site, Lotus Way, Jaywick Sands, Clacton-on-Sea, being used for the location of the Covered Market and Commercial space, subject to Secretary of State approval and planning permission being granted;

(4)     endorses the submission of a planning application for Scenario B, acknowledging that funding for the additional cost is currently being sought from Essex County Council;

(5)     authorises the Chief Executive, in consultation with the Portfolio Holder for Housing, to submit  an application  to the Secretary of State under Section 12 of the Housing Act 1985 seeking approval  of the land held in the HRA being used for development on a meanwhile/temporary basis for non-housing purposes for the reasons set out within the Portfolio Holder’s report;

(6)     recommends to Full Council to seek approval for submission of an application to the Secretary of State under Section 32 of the Housing Act 1985 to dispose of the land held in the HRA for a term of 10-15 years by way of lease to a third party to manage the covered market and commercial space once contracted, whilst the future regeneration of the area for housing purposes is developed;

(7)     subject to the Secretary of State’s approval and following completion, the Council will look to adopt this building into its portfolio of assets;

(8)     subject to the Secretary of State’s approval, agrees for the Chief Executive and Assistant Director (Governance) to agree the Heads of Terms for a Lease to COLBEA, as set out in Appendix Four to the Portfolio Holder’s report with regards to future occupation of the site; and

(9)     authorises the Chief Executive, to complete the lease agreement on these terms and such other terms that may be considered necessary, in consultation with the Assistant Director (Governance) and the Portfolio Holders for Housing and Business & Economic Growth.

The Cabinet had before it a comprehensive report of the Business & Economic Growth Portfolio Holder (A.1) which sought its approval for the development of a Covered Market and Managed Workspace facility at Jaywick Sands and for the necessary associated decisions required to deliver the project, including seeking approval to use the land held in the Council’s Housing Revenue Account (HRA) for non-housing purposes. 

Cabinet recalled that it had adopted the Council’s Back to Business recovery plan at its meeting held on 13 November 2020, which had confirmed that a bid had been submitted to the South East Local Enterprise Partnership (SELEP) for a new Covered Market and Managed Workspace facility at Jaywick Sands.  Further to that, on 19 February 2021 Cabinet had announced the success of that funding bid in the Back to Business Delivery Plan and its intention to deliver the project for Jaywick Sands, to ‘support the local economy, grow local entrepreneurship, and grow and retain economic activity and job creation in the local area.’

Members were informed that the project formed part of a wider regeneration initiative that aimed to lift Jaywick Sands out of the bottom decile of the Index of Multiple Deprivation, improving poor quality housing, stimulating economic growth and maximising the potential of the beach for tourism, improving the public realm and increasing flood resilience.

It was reported that the proposal had been developed in response to community needs as well as a wider assessment of demand for small business space in the wider area. There was a demonstrated undersupply of commercial space and a high level of demand for affordable light industrial, studio and basic office facilities within the area. Using the Council-owned vacant site in a very central location in Jaywick Sands presented the opportunity to draw this tenant market to Jaywick Sands, creating employment in the area and stimulating the secondary economy, alongside supporting local start-ups and small businesses in the community through creating a pathway from very affordable market stall accommodation to renting permanent space.

Cabinet was made aware that the site formed part of approximately 30h of land purchased by the Council as part of the regeneration strategy for Jaywick Sands and was currently used for a local market.  Whilst the bulk of the land would be utilised for new build high quality, flood resilient housing, it was also vital that employment opportunities were provided to support the regeneration and economic well-being of the area.  The land was held in the HRA and the original intention of the delivery of housing being a key regeneration principle remained the long term objective with the place plan for Jaywick developing over time.  Therefore, to use the land for a meanwhile use, an application was required to the Secretary of State to make the case for retaining the land within the HRA but using it for non-housing purposes to develop the land (albeit on a temporary basis – 10 to 15 years).

Members were advised that the Jaywick Sands Covered Market  ...  view the full minutes text for item 9.

To seek Cabinet’s approval to work with Essex County Council in order to submit a bid to the Government’s ‘Levelling Up Fund’ to secure monies towards delivering improvements in Clacton Town Centre that will help to rejuvenate the area and contribute towards achieving key elements of the ‘Love Clacton Vision’ that has been developed with local businesses and other stakeholders over the last few years.

RESOLVED that Cabinet –

a)      authorises the Assistant Director (Strategic Planning and Place), in consultation with the Portfolio Holder for Business and Economic Growth, to work with Essex County Council to submit a bid to the Government’s ‘Levelling Up Fund’ in respect of Clacton Town Centre; and

b)      authorises the Assistant Director (Strategic Planning and Place) to utilise funds already set aside within the Council’s budget for Clacton Town Centre projects and associated business case development to joint-fund any necessary further technical work required in support of the Levelling Up Fund bid.

The Cabinet had before it a detailed report of the Business & Economic Growth Portfolio Holder (A.1) which sought its approval for this Council to work with Essex County Council (ECC) to submit a bid to the Government’s ‘Levelling Up’ Fund in order to secure monies towards delivering improvements in Clacton Town Centre that would help to rejuvenate the area, promote a shift towards electric vehicles and contribute towards achieving key elements of the ‘Love Clacton Vision’ that had been developed with local businesses and other stakeholders over the last few years.

Members were aware thatsince 2018, the Council had been working with local businesses and other stakeholders in order to develop the ‘Love Clacton Vision’ for the future of Clacton Town Centre and to identify measures aimed at boosting footfall and economic activity in the face of declining trade, shop closures and increasing problems around public perception. This had formed the basis for the Council’s bid, working in partnership with ECC, to the Government’s ‘Future High Streets Fund’. Unfortunately, that bid had been unsuccessful and the Government had not awarded any funding to Clacton Town Centre, judging that the Council’s proposal would not achieve a sufficient ‘Benefit to Cost Ratio’ (BCR) in respect of value for money.

It was reported that the Government had now launched a new fund, the ‘Levelling Up’ Fund designed specifically to support investment in places where it could make the biggest difference to everyday life, including ex-industrial areas, deprived towns and coastal communities. The Levelling Up Fund would invest in local infrastructure that had a visible impact on people and their communities and bring pride to a local area as it recovered from the economic impacts of COVID-19 – particularly measures aimed at regenerating a town centre, local investment in cultural facilities, upgrading local transport infrastructure and supporting carbon reduction (which reflected the Council’s declaration of a climate emergency and its promotion of a shift towards electric vehicles). 

Cabinet was informed that the ‘Levelling Up’ Fund differed from the previous Future High Streets Fund and its focus would be more on transport investments, regeneration and town centre investment and cultural investment with an expectation that some works would be implemented in the short term and within the remainder of the 2021/22 financial year. Local authorities were allowed to submit one bid per Parliamentary Constituency and the fund would focus investment towards projects that required up to £20million of funding.

It was felt that for Clacton Town Centre, the ‘Levelling Up’ Fund provided the opportunity to bid for money to progress some elements of the Love Clacton Vision and the previous Future High Street Fund proposals. The fund was however limited to three projects per bid so the Council would not be able to simply re-submit the previous Future High Streets Fund proposal without revisiting certain elements of it. For example, there was a stronger emphasis on promoting carbon neutrality and sustainable travel and a lesser emphasis on delivering residential development or large scale transformation.  ...  view the full minutes text for item 10.

To present the Tourism Strategy 2021-2026 and a work programme for the first year to Cabinet for its approval.

RESOLVED that Cabinet approves the Tourism Strategy 2021-2026 and the work programme for 2021-2022.

The Cabinet had before it a report of the Leisure & Tourism Portfolio Holder (A.3) which sought its approval of the Tourism Strategy 2021-2026 and a work programme for the first year.

Cabinet recalled that, at its meeting held on 11 September 2020, it had approved the draft tourism strategy to be sent out for consultation for a two month period.  Following that process, the final strategy was now presented for adoption.

Members were reminded that this five year plan replaced the previous strategy for Tendring, which had expired in 2016 and that tourism was estimated to be worth more than £402 million to Tendring, and was responsible for over 8,980 jobs, equivalent to 17.9% of the District’s employment. To put matters into perspective, tourism had increased in value to the local economy by £115 million since the previous strategy had been written in 2010.

Cabinet was aware that the coronavirus pandemic had impacted significantly on the local tourism industry and that this strategy was tailored to extend ‘back to business’ support towards the recovery of the sector.

It was reported that the strategy set out a 10 point plan for delivery of the following objectives:

1.  Wealth creation

2.  Job creation

3.  Quality of life for local people

4.  Long term growth of the tourism sector

Members were informed that the strategy recognised that Tendring had wide attraction, with its towns and villages all having their own unique features, tourism offer and charm.  It was important that the Council worked with partners to develop those unique selling points and promoted all of the District’s component parts.  From beautiful coastlines and visitor attractions, to picturesque countryside and heritage of international significance; the power of Tendring’s tourism offer was in the diversity of its destinations and that should be embraced and marketed accordingly. 

It was reported that there had been significant private sector investment in the local tourism industry in recent years, including multi-million pound investment into some of Tendring’s key attractions.  This had improved the quality of the District as a visitor destination and demonstrated local confidence and commitment to raising standards.

Cabinet was aware that the Council had invested in major projects such as the £36m Coastal Defence scheme for Clacton and Holland, creating tangible tourism assets in Harwich for Mayflower 400, was developing a scheme to celebrate the 150^th anniversary of Clacton on Sea and public realm schemes to improve the appearance of the District. Furthermore, the Council had invested resources into both organising and facilitating an expanding quality events programme in recent years.  Building on the success of the nationally recognised Clacton Airshow and Harwich Illuminate, event organisers had felt empowered to bring events of national significance such as The Tour of Britain and the first ‘on road’ Motor Rally in England and Wales, to the Tendring District.

Cabinet was informed that the strategy recognised that tourism was a fast moving, agile economy and the Council was one partner in ensuring long term success.  ...  view the full minutes text for item 11.

To consider the principle of accepting a surrender of the lease over Carnarvon House, Carnarvon Road, Clacton-on-Sea.

RESOLVED that Cabinet approves, in principle, the surrender of the Lease over Carnarvon House, Carnarvon Road, Clacton-on-Sea.

The Cabinet had before it a report of the Corporate Finance & Governance Portfolio Holder (A.4) which sought its approval, in principle, of accepting a surrender of the lease over Carnarvon House, Carnarvon Road, Clacton-on-Sea.

Members were aware that the freehold of Carnarvon House was owned by Tendring District Council (TDC) and that it had been leased to NHS Property Services since April 1994 and had been used by them as office space for their sub-contractors and health providers.  Over the last several years the building had been underused as subcontracts and health providers had changed and property had been rationalised.  In May 2019 the last occupiers had vacated and the property had been vacant ever since.

It was reported that though the current lease to NHS Property Services was due to expire in March 2024, NHS Property Services had stated that it would like to surrender the lease to TDC and give the property back early so that their resources could be used elsewhere rather than on a vacant building.  This would also provide TDC with the opportunity to do something else with the building now, rather than wait until the end of the lease in 2024 with the building empty for another 3 years.

Officers had negotiated terms for a lease surrender and those were set out in the related private and confidential report of the Portfolio Holder which would be considered later on in the meeting.

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

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

RESOLVED that Cabinet approves, in principle, the surrender of the Lease over Carnarvon House, Carnarvon Road, Clacton-on-Sea.

To provide Cabinet with an update as part of the Career Track governance process as required by Ofsted. It will provide Cabinet with an update on its activities and seek its agreement for the priorities for the next 18 month period.

RESOLVED that Cabinet continues its support for Career Track and its priorities for the next 18 months, including an increased emphasis on supporting local firms as part of the Council’s Back to Business priority.

The Cabinet gave consideration to a report of the Corporate Finance & Governance Portfolio Holder (A.5) which updated it on the activities carried out in regards to the apprenticeship provision, as part of the Career Track governance process required by Ofsted. The report also provided Cabinet with an update on its activities and sought its agreement for the priorities for the next 18 month period.

Members were reminded that Career Track had been established within Tendring District Council (TDC) in 1983. Since then it had continuously provided apprenticeship opportunities within the organisation and for other employers. Over the years the nature of the apprenticeships and the actual definition of “what is an apprentice?” had changed when Government priorities and focus had been amended as part of both education and employment policy.

Cabinet was aware that TDC’s sustained commitment to the Career Track apprentice scheme had been a central plank of its work to develop a more skilled workforce and to “grow our own” employees of the future within Tendring.

It was reported that, in the last 10 years over 500 people had taken part in a Career Track apprenticeship programme and that the expected success rates for the end of the 2020/2021 year was 94%.

It was considered that TDC’s Back to Business Agenda would add value to the Career Track Programme by improving opportunities and the quality of apprenticeship schemes for young people.  That agenda would include providing small/medium employer wage incentives to encourage the engagement of 10 new employers and fund 25% of the apprentice’s wages.

Members were advised that, following the Government’s simultaneous overhaul of apprenticeship delivery rules with the introduction of the national Register of Approved Training Providers alongside the introduction of the Apprenticeship Levy May 2017, Career Track had maintained its accreditation and had successfully increased its offer both in terms of qualifications available and the range of employers it supported.

Having considered all of the information contained in the Portfolio Holder’s report:-

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

RESOLVED that Cabinet continues its support for Career Track and its priorities for the next 18 months, including an increased emphasis on supporting local firms as part of the Council’s Back to Business priority.

To provide an update and seek Cabinet’s endorsement for a number of community projects that contribute to the organisation’s Community Leadership role.

RESOLVED that Cabinet –

a)      endorses the projects listed within the Portfolio Holder’s report as those which will continue to be supported in 2021/2022 in alignment with the Council’s Corporate Plan priorities; and

b)      tasks officers with the production of a Community Engagement Strategy to support the work of these projects and that this is presented to a future meeting of the Cabinet; and

c)      requests the Community Leadership Overview & Scrutiny Committee to continue to scrutinise this work programme.

The Cabinet gave consideration to a detailed report of the Partnerships Portfolio Holder (A.6) which provided it with an update for a number of community projects that contributed to the organisation’s Community Leadership role and sought Cabinet’s endorsement of those projects.

Cabinet was aware that the Council’s Corporate Plan 2020-2024 placed Community Leadership at the forefront of everything the authority did through the delivery of high quality, affordable services and working positively with others.

To deliver that aspiration, a number of community projects had been formed under the following themes:

§   Health and Wellbeing

§   Education

§   Community Safety

§   Regeneration and Skills

Members were made aware that Officers had been instrumental in the sourcing of, and application for external funding, for the delivery of a number of those projects. To date this had secured £4.3 million of funding for those initiatives.

Cabinet was informed that the Portfolio Holder’s report provided it with an overview of the projects which had been identified in accordance with the role of the Council, as a Community Leader. This Council was not the statutory provider for Education, Health and Wellbeing, however, through influence and bringing stakeholders and partners together to share and improve practices, there were a number of areas where the Council could offer support to Education and Health providers and ultimately children, learners, patients and residents across the District.

Members were advised that these projects would continue to form the subject of regular updates to the Portfolio Holder for Partnerships and to the Community Safety and Health and Wellbeing Boards.

Members present congratulated and thanked the Portfolio Holder for Partnerships (Councillor McWilliams), the Assistant Director (Partnerships) (Anastasia Simpson) and the other involved Officers for all of the tremendous work and successful outcomes involved in the aforementioned community projects.

Having considered all of the information contained in the Portfolio Holder’s detailed report:-

RESOLVED that Cabinet –

a)      endorses the projects listed within the Portfolio Holder’s report as those which will continue to be supported in 2021/2022 in alignment with the Council’s Corporate Plan priorities; and

b)      tasks officers with the production of a Community Engagement Strategy to support the work of these projects and that this is presented to a future meeting of the Cabinet; and

c)      requests the Community Leadership Overview & Scrutiny Committee to continue to scrutinise this work programme.

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 17 and 18 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 17 and 18 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 23 April 2021.

It was RESOLVED that the exempt minute of the meeting of the Cabinet, held on Friday 23 April 2021, be approved as a correct record.

To agree terms for the surrender of the lease over Carnarvon House, Carnarvon Road, Clacton-on-Sea.

RESOLVED that Cabinet –

(a)     approves the terms for the surrender of the Lease, as set out in the current position section of the Portfolio Holder’s report;

(b)     authorises the Corporate Director (Operations and Delivery) to complete the surrender on those terms and on such other terms that may be considered necessary by the Assistant Director (Governance);

(c)     approves the demolition of the current building and clearance of the site in order to mitigate costs; and

(d)     initiates the Property Dealing Procedure in order that future proposals for the site can be explored.

RESOLVED that Cabinet –

(a)     approves the terms for the surrender of the Lease, as set out in the current position section of the Portfolio Holder’s report;

(b)     authorises the Corporate Director (Operations and Delivery) to complete the surrender on those terms and on such other terms that may be considered necessary by the Assistant Director (Governance);

(c)     approves the demolition of the current building and clearance of the site in order to mitigate costs; and

(d)     initiates the Property Dealing Procedure in order that future proposals for the site can be explored.