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 Councillors M Barry (the Portfolio Holder for Leisure & Public Realm) and G Scott (Leader of the Liberal Democrats Group).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 10 November 2023.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 10 November 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.

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

Potential Noise Disruption

The Leader of the Council (Councillor M E Stephenson) reminded Members that the Christmas Pantomime was taking place that morning in the Princes Theatre attended by 500+ children and that therefore there would likely be some background noise disruption to the meeting.

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

High Street Accelerator Fund Pilots

The Portfolio Holder for Economic Growth, Regeneration & Tourism (Councillor I J Henderson) announced that this Council had been successful in getting Dovercourt selected as of one of ten areas to take part in a new national pilot scheme. Dovercourt’s High Street had been chosen by the Department for Levelling Up, Housing and Communities (DLUHC) to be part of the new High Street Accelerator Pilot Programme.

Councillor Henderson placed on record his thanks to the Officers who had worked really hard to achieve this and had met DLUHC’s requirements in a very short time. It had helped the Council’s case that there was already a very good delivery vehicle in place in the form of the Harwich & Dovercourt Tourism Group who would act as the equivalent of a ‘Town Centre Board’. He reported that under the chairmanship of Paul Milsom of the Milson Group that body would begin its work on this scheme in January.

The Leader of the Council (Councillor M E Stephenson) informed Members that he had attended the launch of the High Street Accelerator Pilot Programme held in Manchester. He stated that it was a testament to this Council’s Officers that Dovercourt was the only pilot to chosen from the southern half of the country.

Sunspot Christmas Market

The Portfolio Holder for Economic Growth, Regeneration & Tourism (Councillor I J Henderson) announced that he had been delighted to attend the first Christmas Market at the newly opened Sunspot in Jaywick Sands. It had been fantastic to see that community come together and it had demonstrated what an excellent investment the Sunspot was going to be for the future. It had been good to see local businesses thriving and already looking to expand.

Councillor Henderson stated that the Christmas Market had been a big hit with families, with almost 200 children eagerly awaiting their turn to enter Santa’s grotto which had featured Santa’s cabin, a sleigh, and free popcorn and candyfloss, kindly provided by the excellent volunteers from the Jaywick Sands Community Forum. Almost 300 presents and prizes had been handed out thanks to free donations from a range of organisations, including Clacton-on-Sea Lions Club, Colchester Zoo, HAT Projects, Jaywick Sands Community Forum, Rotary Club of Clacton-on-Sea, and Tesco.

Orwell Place (formerly the Starlings site), Dovercourt

The Portfolio Holder for Economic Growth, Regeneration & Tourism (Councillor I J Henderson) informed Cabinet that 4^th December had marked the Christmas lighting up and opening of this new open space. He further informed Members that very evening at Orwell Place an open air Christmas Carol Service would take place, complete with a 20 foot Christmas Tree supplied by Harwich Town Council (HTC) (for the public record, Councillor Henderson reminded Members that he was a member of HTC). Participating in this event would be the Tendring Brass Band, the Choir from Harwich & Dovercourt High School, the Sea Scouts and the Police Cadets.

New Waste and Street Cleaning Contract for 2026 – Progress Update

The Environment Portfolio Holder (Councillor Bush)  ...  view the full minutes text for item 59.

There are no matters to consider that have been referred to the Cabinet by Full Council on this occasion.

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

To enable the Cabinet to consider the recommendation made to it by the Resources and Services Overview & Scrutiny Committee in relation to the delivery of the Sunspot Commercial Space in Jaywick Sands.

RESOLVED that the recommendation made by the Resources and Services Overview & Scrutiny Committee be noted and that the response of the Portfolio Holder for Economic Growth, Regeneration and Tourism thereto be endorsed.

Cabinet was informed that, in accordance with the decision of Council on 11 July 2023 (minute 37 referred), the Resources and Services Overview and Scrutiny Committee (“the Committee”) had undertaken a post decision scrutiny of the Sunspot commercial workspace in Brooklands, Jaywick Sands on 19 September 2023 (minute 29 referred). As part of its enquiry, and immediately prior to the Committee’s meeting, its Members had been provided with a tour of the new premises and the adjacent community garden. During the tour the Committee’s Members had met with the intended operator of the café on site.

The Portfolio Holder for Economic Growth, Regeneration and Tourism had spoke to the Committee and had expressed his gratitude for the support received and had provided an update on the Sunspot project, highlighting its positive progress. He had mentioned the availability of 24 affordable commercial units, with 14 businesses already signed up, surpassing the initial expectation set out in its business plan. The Operations and Facilities Manager, though absent for this meeting due to illness, had been employed to support tenants, and the Portfolio Holder outlined the diverse spaces within the building, including a covered market, committee room, and a cafe with an experienced operator.

The Portfolio Holder had also emphasized the potential for skills development and job opportunities within the project, citing the café's intention to take on apprentices. He had acknowledged the past challenges, including cost overruns and delays, attributing them to capital cost inflation and external factors such as the COVID-19 pandemic. Despite the challenges, he had likened the project's journey to overcoming a "perfect storm" and he had acknowledged the collective effort to reach the current stage. He had also acknowledged Essex County Council's funding support.

The Corporate Director for Place and Economy (Lee Heley) had then addressed concerns related to costs and he had provided a detailed timeline of the Sunspot project. The feasibility study had commenced in January 2020, and the application for further funding to the Local Enterprise Partnership had been submitted in September 2020. The initial estimate had been for 13 units for £1.97 million. Changes, including an increase to 24 units and an additional £300,000, had been made after advisors had reviewed the scope of the project in February 2021.

Committee Members had heard that tenders had been sought in December 2021 for a £2.1 million project. Cost consultants had estimated a potential increase to £2.7 million, but the lowest tender had come in at £3.9 million. Despite challenges, including cost overruns and delays, the decision had been made to continue, securing investment from partners, including Essex County Council. The construction contract had been awarded in April 2022.

The Corporate Director (Place and Economy) had also highlighted the unique challenges faced, including unexpected ground conditions and the need for additional funding, leading to a total cost increase of £760,000. Refinancing had been necessary, involving discussions with partners around the refinance process. The speaker emphasized the importance of closely monitoring costs, refining project scopes, and considering  ...  view the full minutes text for item 61.

The 2024/25 initial proposals for highlight priorities are set out at Appendix B to this report. Through this report, Cabinet is invited to adopt these for consultation purposes before finalising its highlight priorities for 2024/25; which will involve consideration of the outcome of the consultation undertaken.

RESOLVED that Cabinet resolves that -

(a)    the initial highlight priorities for 2024/25, as set out at Appendix B to report A.2, be approved for consultation;

(b)    all Councillors, other partners and the public be invited to consider the initial priorities referred to in (a) above; and

(c)    the outcome of the consultation referred to in (b) above be reported to Cabinet on 15 March 2024 in order that Cabinet can formally adopt its finalised highlight priority actions for 2024/25.

Cabinet considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.2).  The report reminded Members that the Council’s strategic direction was set out in its Corporate Plan which was a fundamental element of the Council’s Policy Framework.  The Corporate Plan (‘Our Vision’) had been adopted unanimously by Council on 28 November 2023 (Minute 76 referred) and covered the period 2024-28 (and was reproduced at Appendix A to the Portfolio Holder’s report).  Key elements of delivering against the adopted Corporate Plan would be through annual highlight priority actions approved by the Cabinet. The 2024/25 initial proposals for highlight priorities were set out at Appendix B to the Portfolio Holder’s report. Through that report, Cabinet was invited to adopt these for consultation purposes before finalising its highlight priorities for 2024/25; which would involve consideration of the outcome of the consultation undertaken.

Recognising that the rationale for the Portfolio Holder’s recommendations was to set out openly for all concerned the initial proposals for highlight priorities for 2024/25 and that this supported the openness agenda of the Council and provided an opportunity for engagement with the public, businesses and partners on those initial proposals.  Through consultation it was hoped that the views received could help shape the priorities that would finally be adopted (within the reality of the Council’s budgetary position).

It was moved by Councillor M E Stephenson, seconded by Councillor Placey and:-

RESOLVED that Cabinet resolves that -

(a)    the initial highlight priorities for 2024/25, as set out at Appendix B to report A.2, be approved for consultation;

(b)    all Councillors, other partners and the public be invited to consider the initial priorities referred to in (a) above; and

(c)    the outcome of the consultation referred to in (b) above be reported to Cabinet on 15 March 2024 in order that Cabinet can formally adopt its finalised highlight priority actions for 2024/25.

To approve the recommended changes to the Constitution (Council Procedure Rules) for referral onto Full Council following a review undertaken by the former Portfolio Holder for Corporate Finance and Governance (Councillor Guglielmi) through the Councillor Development Portfolio Holder Working Party.

The proposals cover amendments to the Council Procedure Rules 33.3, 34.3 and 34.4, in order to ensure the Council’s Constitution remains effective, efficient and consistent at an operational level and to be an expression of best practise and meet expectations of Members.

In addition, this report sets out an update in relation to proposals for amendments to the terms of reference and delegated powers of the Human Resources & Council Tax Committee and its sub-committee.

RESOLVED that Cabinet RECOMMENDS TO COUNCIL that the Council’s Constitution be amended to reflect the proposed changes as set out in Appendix 1 attached hereto report A.3.

Cabinet considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.3), which sought its approval for the recommended changes to the Constitution (Council Procedure Rules) for referral onto Full Council following a review undertaken by the former Portfolio Holder for Corporate Finance and Governance (Councillor Guglielmi) through the Councillor Development Portfolio Holder Working Party. The proposals covered amendments to the Council Procedure Rules 33.3, 34.3 and 34.4, in order to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level and to be an expression of best practise and to meet expectations of Members. In addition, this report set out an update in relation to proposals for amendments to the terms of reference and delegated powers of the Human Resources & Council Tax Committee and its sub-committee.

It was reported that the Councillor Development Portfolio Holder Working Party (CDWP) had met on 23 January 2023. At that meeting the Working Party, inter alia, had considered existing areas of mandatory training together with whether such mandatory training should be expanded to cover other areas such as for members of the Council’s overview and scrutiny committee.

In addition, Cabinet was made aware that the review of the terms of reference and delegated powers of the Human Resources and Council Tax Committee and its sub-committee to be conducted in accordance with Full Council’s decision taken on 29 March 2022 would be undertaken as part of this year’s annual review of the Constitution.

A summary of the proposed changes compared to the existing CPRs 33.3, 34.3 and 34.4 was provided in the background section of the Portfolio Holder’s report.

Having considered the outcome of the review of the mandatory training of Members carried out by the Councillor Development Portfolio Holder Working Party and the Portfolio Holder’s recommendation arising therefrom, and in order to enable that recommendation to be submitted to the Full Council for approval and adoption:-

It was moved by Councillor M E Stephenson, seconded by Councillor Baker and:-

RESOLVED that Cabinet RECOMMENDS TO COUNCIL that the Council’s Constitution be amended to reflect the proposed changes as set out in Appendix 1 attached hereto report A.3.

To enable Cabinet to consider the updated financial forecast and budget proposals for 2024/25 for consultation with the Resources and Services Overview and Scrutiny Committee.

RESOLVED that Cabinet -

a)     approves the updated Financial Forecast and proposed budget position for 2024/25 as set out in report A.4 and its appendices; and

b)     requests the Overview and Scrutiny Committees’ comments on this latest financial forecast and proposed budget position for 2024/25.

Cabinet considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.4), which enabled it to consider the updated financial forecast and budget proposals for 2024/25 for consultation with the Overview and Scrutiny Committees.

Cabinet was aware that a ‘live’ forecast was maintained and reported to Members throughout the year.  The most up to date position in December each year was translated into the detailed budget for the following year for consultation with the Overview and Scrutiny Committees. As part of maintaining a ‘live’ forecast, this report ‘built’ on the last position that had been presented to Cabinet on 10 November 2023.

It was reported that, despite the challenging financial and economic environment, confidence in the long term approach to the forecast remained, which was supported by the forecast risk fund. The Council had maintained a prudent and sustainable approach to its long term plan, which provided the ‘platform’ against which it could consider its financial position in response to the very challenging economic outlook it continued to face.

Members were informed that further changes to the forecast had been made since 10 November 2023, with a revised position set out in Appendix A to report A.4. The changes required broadly reflected updates to cost pressures and savings. Those cost pressures included to date reflected unavoidable items. Work remained on-going in consultation with Services and it was likely that additional cost pressures would need to be included in later iterations of the forecast before final budget proposals were recommended for presenting to Council in February 2024.

Cabinet was advised that, in terms of the savings identified to date, those could be considered as ‘secured’ and not projections, given the nature of the budgets they related to. Although the income from treasury activities would be subject to various changes during 2024/25 the estimated saving included was based on a prudent approach and assumptions on likely cash balances and projected interest rates.

Taking the above into account and in comparison with the position reported to Cabinet on 10 November 2023, the net overall position reflected a forecasted annual deficit of £2.674m (an increase from £2.422m).

Members were told that an annual review of reserves had also been undertaken, which highlighted the need to continue to maintain a number of reserves to support key actions / activities as part of the Council’s overall prudent and sustainable approach to managing its finances.

Cabinet also heard that any changes emerging from the Local Government Finance Settlement for 2024/25 would be reflected in the forecast that would be reported to Cabinet in January 2024 when it considered its final budget proposals for recommending to Full Council in February 2024. That budget included a Council Tax levy increase of 3%, with this level of increase expected to be confirmed as part of the Government’s wider finance settlement announcements.

Members were made aware that, once the final position for 2024/25 was determined, the remaining years of the forecast would also be revised  ...  view the full minutes text for item 64.

To provide Cabinet with an overview of the different funding streams made available to the Council by Central Government, and to set out their purpose in regeneration opportunities for the District.

RESOLVED that Cabinet –

(a)   accepts the High Street Accelerator Funding offered by the Department for Levelling Up, Housing and Communities and authorises the Corporate Director (Place and Economy) and the Section 151 Officer to enter into a Memorandum of Understanding on behalf of the Council, which sets out the agreement;

(b)   delegates the forming of the High Street Accelerator Board, and acceptance of its Terms of Reference, to the Portfolio Holder for Economic Growth, Regeneration & Tourism;

(c)   accepts the Long Term Plan for Towns Funding offered by the Department for Levelling Up, Housing and Communities and authorises the Corporate Director (Place and Economy) and the Section 151 Officer to enter into a Memorandum of Understanding on behalf of the Council, which sets out the agreement;

(d)   delegates the forming of the Towns Board, and acceptance of its Terms of Reference, to the Portfolio Holder for Economic Growth, Regeneration & Tourism;

(e)   delegates the authorisation of the spending of the £45,000 Levelling Up Partnership Capacity Payment to the Portfolio Holder for Economic Growth, Regeneration & Tourism; and

(f)   delegates entering into any agreements with the Department for Levelling Up, Housing & Communities for the funding streams set out in this report (LU Partnership, Long Term Plan For Towns, High Streets Accelerator) to the Corporate Director (Place and Economy), in consultation with the Section 151 Officer. 

Cabinet considered a report of the Economic Growth, Regeneration & Tourism Portfolio Holder (A.5), which updated it with an overview of the different funding streams totalling up to £40,237,000 made available to the Council by Central Government, and to set out their purpose in regeneration opportunities for the District.  The report also set out the implications to resourcing and managing those significant projects, and the decisions to accept the funding for the High Street Accelerator, the Long-Term Plan for Towns, and to establish the management of Town Boards for the respective funds.

The three funding streams are detailed below; a table that illustrated each funding stream and its link to this Council’s priorities and outcomes for residents was provided as Appendix A to report A.5.

Levelling Up Partnerships

Cabinet recalled that, at the Budget Speech on 15 March 2023, the Government had announced 20 areas which would be selected to form Levelling Up Partnerships (LUP) with the Department of Levelling Up, Housing and Communities, which had included Tendring on the list at number eight. This had been considered at Cabinet on 23 June 2023.

It was reported that Government officials would visit Tendring between January and March 2024 in order to carry out a ‘Deep Dive’. This would be a review of data, documents, and meetings with key partners. To prepare for that process, a capital pipeline of projects would be developed. Government had requested projects which required funding within 12 months of March 2024, for example, purchasing land or property or implementing capital projects that had already been developed.

Government Ministers would make the ultimate decision on what the £20m would fund, and their officials would complete the business cases for the funding to demonstrate that they were value for money.

Long Term Plan for Towns Funding

Cabinet was reminded that on 1 October 2023 Government had announced that Clacton-on-Sea would be one of 55 towns across the UK to receive a ten-year endowment-style fund, with £20 million of funding and support to give towns long term certainty to deliver projects over multiple years. Government had confirmed that the Long-Term Plan for Towns Funding would be 25 percent resource, 75 percent capital. 

The Council would be required to establish a Town Board, to be chaired by a local business or community leader, and then to develop a plan setting out priorities for investment and regeneration, aligned to themes of safety and security, high streets, heritage and regeneration, and transport and connectivity. Towns would be required to demonstrate how they had developed plans in consultation with local people.

High Street Accelerators Pilot Programme

Members further recalled that, on 13 September 2023, the Council had been advised by the Department for Levelling Up Housing and Communities (DLUHC) that Tendring had been identified as one of 10 Districts nationally selected to pilot the Government’s new High Street Accelerator Pilot Programme. This programme looked to fund the establishment of a Town Centre Board and would pilot projects selected in partnership, making £237,000 in total  ...  view the full minutes text for item 65.

To set out and seek approval of an updated Housing Revenue Account (HRA) Business Plan, which includes proposed changes in 2023/24 along with budget proposals for 2024/25.

RESOLVED that Cabinet -

(a)   approves the updated Housing Revenue Account (HRA) 30 year Business Plan, which includes the proposed revised position for 2023/24 along with budget proposals for 2024/25; and

(b)   requests the Resources and Services Overview and Scrutiny Committee’s comments on this latest HRA financial forecast.

Cabinet considered a joint report of the Housing & Planning Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (A.6), which set out and sought approval of an updated Housing Revenue Account (HRA) Business Plan, which included proposed changes in 2023/24 along with budget proposals for 2024/25. 

Members were aware that, similarly, to the General Fund’s long-term forecast, a ‘live’ HRA Business Plan was maintained on an on-going basis, with the most up to date position in December each year being ‘translated’ into the detailed budget for the following year for consultation with the Resources and Services Overview and Scrutiny Committee. It was reported that a number of changes had been made to the business plan for 2024/25 onwards that largely reflected increased inflationary pressures. Some of those pressures were also being experienced in 2023/24, with corresponding adjustments set out accordingly.

Cabinet was informed that, unlike last year when the Government had intervened and had set a rent increase ‘cap’, and unless the Council heard to the contrary, it was proposed to increase rents in-line with the formula set out by the Regulator for Social Housing which allowed rents to increase by up to CPI+1% each year. Although Councils could set lower increases, this would be a very difficult approach to adopt in terms of the future sustainability of the HRA business plan, given the ‘telescopic’ impact this would have and the imbalance it would create as expenditure would be increasing ahead of income. Such an impact had been experienced when the Government had required Councils to reduce rents by 1% over the 4 year period from 2016/17 to 2019/20 and that continued to have an impact over the long-term life of the business plan.

Members were advised that, based on the above, the average weekly rent proposed for 2024/25 was £100.89 (£93.68 in 2023/24). After taking into account the various adjustments set out in Appendix A to report A.6, there was an estimated budget deficit of £0.764m in 2023/24 and an estimated surplus of £0.180m in 2024/25. In respect of 2023/24, this was £0.484m more than the budgeted deficit.

Cabinet heard that it was proposed to fund the estimated deficit for 2023/24 by calling money from HRA balances as an alternative to reducing expenditure, which was partly offset by the proposal to transfer the estimated surplus in 2024/25 to the same reserve. HRA General Balances were currently estimated to total £3.572m at the end of 2024/25 (after taking account of the use of balances highlighted above) that would remain available to support the 30 year Business Plan and associated risks to the forecast.

Members were told that there would undoubtedly be further changes required to the forecast before the detailed estimates were finalised for reporting to Cabinet in January 2024, which would provide the opportunity to revisit the above proposals accordingly.

It was further reported that the proposed HRA Capital Programme for 2024/25 reflected the commitment to maintain the necessary investment in the existing tenant’s homes. HRA debt continued to  ...  view the full minutes text for item 66.

There are no items submitted by the Council’s Management Team on this occasion.

There were no items submitted by the Council’s Management Team on this occasion.