Agenda, decisions and minutes

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

Apologies for absence were received from Councillor Jayne Chapman BEM, Leader of the Independents Group, (with Councillor Graham Steady, the Deputy Group Leader substituting) and Councillor Carlo Guglielmi, Leader of the Conservative Group, (with Councillor Paul Honeywood, the Deputy Group Leader substituting).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 17 March 2023.

It was RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 17 March 2023, be approved as a correct record and were 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.

Councillor Bush declared an Interest in relation Agenda Item 11 (Report A.5) as he was a Member of the Great Oakley Parish Council and recused himself from the meeting whilst this item was being heard.

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

There were no announcements by The Leader on this occasion.

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

Councillor Gina Placey (Portfolio Holder for Partnerships) informed Cabinet of three successful action days carried out by the Council’s Community Safety Team, in conjunction with Essex Police, over the last week prior to the meeting and  she gave special thanks  to Adam McGoldrick (the Council’s Antisocial Behaviour Officer) for organising the event.

The Leader also stated that he had attended the event and that he had been very  impressed.

To report to Cabinet a motion submitted at the meeting of the Council held on 2 March 2023.

RESOLVED that Cabinet, following the explanation of the motion and in accordance with the current Council Procedure Rule 12.8, that Cabinet does not recommend that the Council should support this motion in its original format.

Members considered a motion by Councillor Graham Steady that had been submitted to the Full Council meeting held on 2 March 2023, proposing that future capital receipts from the disposal of surplus land be reinvested in the respective town or parish where the land  was located. At that Council meeting Councillor Steady had presented reasons for discussing the motion on the night, highlighting the timing, the ongoing land disposal in Brightlingsea, potential funding opportunities, and the ability to deliver projects more efficiently. Councillor Chapman BEM had seconded the motion, emphasizing the experience of present Members and the collaboration between councils. However, the then Leader of the Council, former Councillor Stock OBE, had argued that the motion should be referred to the Cabinet, citing concerns about distribution of resources and the motion's limited impact. The Chairman of the Council had then ruled in favour of referral to the Cabinet, considering it an Executive function. Councillor Steady and Councillor Chapman BEM had then explained the purpose of the motion, focusing on fiscal devolution, local project completion, collaboration, and preventing funds from being centralized.

Under the Council Procedure Rules, Councillor Steady was granted the opportunity to answer questions and provide clarification at the Cabinet meeting, with a right of reply to the subsequent debate.

Cabinet was informed that Asset Management was an executive function delegated to the Cabinet collectively and, depending on the decision required, to the Portfolio Holder for Assets, as stated in Schedule 3 of Part 3 of the Council's Constitution. The Executive's overall responsibility, in accordance with the Council's Budget and Policy framework, was to carry out all functions of the Council, including "local choice functions," except for those functions that were excluded by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and other legislation.

The Council's Property Dealing Procedure was outlined in Part 5 of the Constitution, which  had been previously approved by the Full Council.

The Principles of Decision Making, as detailed in Article 13 of the Constitution, were followed for all decisions:

(a) Proportionality, ensuring that the action was appropriate for the desired outcome.

(b) Consideration of all relevant factors and options, including consultation results and professional advice from Officers.

(c) Respect for human rights, equality, and diversity.

(d) A presumption in favor of openness.

(e) Clarity regarding aims and desired outcomes.

(f) Transparency, including an explanation of considered options and the reasons for the decision.

Having duly considered the contents of the submitted documentation and to comply with the Council’s Constitution (Council Procedure Rule 12):-

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

RESOLVED that Cabinet, following the explanation of the motion and in accordance with the current Council Procedure Rule 12.8, does not recommend that the Council should support this motion in its original format.

To enable the Cabinet to consider the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following the scrutiny of procurement and contract management.

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be considered and that the response of the Assets Portfolio Holder thereto be endorsed.

Cabinet considered the recommendations submitted to it by the Resources and

Services Overview & Scrutiny Committee following that Committee’s scrutiny of the Council’s Procurement and Contract Management.

That Committee had recommended that  -

a)    “will bring the Council’s Contract register up to date as soon as possible; with services across the Council providing the necessary data on contracts held within their respective areas; and

b)    a Social Value Policy for Procurement be produced for consultation with the Resources and Services Overview and Scrutiny Committee at a future meeting”.

Cabinet also heard the following statement from the Portfolio Holder for Assets.

“Thank you to the Resources and Services Overview and Scrutiny Committee for its review in this area and to the previous Portfolio Holder for Corporate Finance and Governance being responsible for the Council’s procurement function.  I endorse and support the recommendations from the Committee, the existing arrangement with Essex Council Council’s Procurement Team and the identified wider Shared Procurement Service project reported to Cabinet in March 2023, and I will update Cabinet and Members further throughout the year.  We are committed to the Social Value Policy for Procurement Purposes, and this will form a work-stream for the team with our colleagues across Essex and workshops will be discussed”. 

Having duly considered the recommendations submitted to Cabinet by the Resources & Services Overview and Scrutiny Committee:-

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

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be  noted and that the response of the Assets Portfolio Holder thereto be endorsed.

To enable the Cabinet to consider the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following the scrutiny of the Council’s planning enforcement function by the Task and Finish Working Group on Planning Enforcement.

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be considered and that the response of the Planning Portfolio Holder thereto be endorsed.

Cabinet considered the recommendations submitted to it by the Resources and

Services Overview & Scrutiny Committee following that Committee’s scrutiny of the

Council’s Planning Enforcement Policy.

That Committee had recommended  Cabinet -

a)    “To note that, in recent months, following the establishment of the Working Group and the introduction of a new Planning Manager and a new Planning Enforcement Team Leader, and with the full cooperation of the Planning Portfolio Holder and key Officers, notable improvements in the Council’s planning enforcement function have already been made in response to issues raised and suggestions put forward. These include:

·  the update and subsequent adoption of a new Planning Enforcement Policy and associated harm risk assessment to replace the previous version that had not been reviewed or updated since 2010;

·  an initial review, update and tidying of the Council’s database of live enforcement cases to remove cases that have been closed, incorrectly recorded or otherwise superseded by events in order to establish a more accurate baseline of information;

·  more positive engagement of Planning and Planning Enforcement Officers in the Council’s Corporate Enforcement and Operation Enforcement Groups to improve working across services on a wide range of enforcement matters;

·         a notable improvement in the willingness of Officers to engage and communicate with Councillors, members of the public and other interested parties in recognition of the concerns raised previously;

·         a notable reduction in the Planning Enforcement Team’s reliance on the Council’s legal Officers for advice and assistance in carrying out planning enforcement duties; and 

·  a concerted effort to recruit new Officers to the Planning Enforcement Team on a permanent basis and by utilising channels to attract ex Police and armed services personnel with relevant transferable skills.

b)     to act to retain the planning enforcement function in-house and to support continued efforts to reduce the Council’s reliance on temporary staff employed through agencies and to recruit permanent staff to the Planning Enforcement Team  by utilising channels aimed at targeting ex Police and armed forces personnel with transferable skills and with the offer of on-the-job training and development;  

c)    To require Officers to undertake a specific and immediate update to the Planning Enforcement Policy and associated harm risk assessment to incorporate changes, that are aimed at improving clarity, relevance and effectiveness and for the updated version to be reported to the Planning Committee for its consideration and approval at the earliest meeting practicable;   

d)    To thereafter require Officers to undertake an automatic review of the Planning Enforcement Policy and associated risk harm assessment every four years for the Planning Committee’s consideration and approval to ensure it is kept up to date and responds accordingly to changes in law, policy, circumstances and trends in enforcement-related activity – allowing for earlier reviews where necessary;

e)    To empower the Director of Planning, in consultation with the Chairman of the Planning Committee and the Monitoring Officer, to escalate and expedite (as appropriate) enforcement action where there are considered to be exceptional matters of public interest with implications for the reputation of the  ...  view the full minutes text for item 8.

To enable the Cabinet to consider the recommendations made to it by the Planning Policy & Local Plan Committee in relation to the Great Clacton, Lawford, Bradfield and Ramsey Conservation Area Appraisals and Management Plans prepared for the Council by Essex Place Services.

RESOLVED That Cabinet resolves that the new Great Clacton, Lawford, Bradfield and Ramsey Conservation Area Appraisals and Management Plans (Appendices 1 to 4 to report A.4) be approved for consultation with the public and other interested parties.

Cabinet considered the recommendations submitted to it by the Planning Policy and Local Planning Committee following that Committee’s  consideration of the Conservation Character Appraisals and Management Plans for Great Clacton, Lawford, Bradfield and Ramsey.

Cabinet also heard the following statement from the Portfolio Holder of Planning:-

“I thank the Planning Policy and Local Plan Committee for its consideration of these latest Conservation Area Character Appraisals and Management Plans and I sincerely welcome, once again, its recommendation to Cabinet that these be published for public consultation. Reviewing all of the District’s Conservation Areas is one of the key actions in the Council’s Heritage Strategy and the progress so far has been very good, with now only three Conservation Areas remaining to be considered. Ensuring we have an up-to-date appraisal for each and every Conservation Area will enable residents, developers, planners and our Planning Committee to understand the key characteristics that make each area special and which need to be preserved and enhanced when making planning applications and determining them. They will also enable us to reconsider the boundaries of each area and determine whether any Article 4 Directions are needed to provide an extra level of protection and control.”

Having duly considered the recommendations submitted to Cabinet by the Planning Policy and Local Plan Committee:-

It was moved by Councillor Baker, seconded by Councillor Barry and:-

RESOLVED That Cabinet resolves that the new Great Clacton, Lawford, Bradfield and Ramsey Conservation Area Appraisals and Management Plans (Appendices 1 to 4 to report A.4) be approved for consultation with the public and other interested parties.

There are no items submitted by the Leader of the Council on this occasion.

There were no items submitted by the Leader of the Council on this occasion.

To formally report the receipt of a petition submitted requesting the suspension of property dealing and development of TDC land parcels in Great and Little Oakley and offer the land to the Parish Councils.

RESOLVED that Cabinet notes the petition, thanks the petitioner and requests that these views and others are taken into account as and when the property dealing procedure unfolds, subject to available resources.

Earlier on in the meeting, as reported under Minute 142 above, Councillor Bush had

declared a Declaration of Interest in relation to this matter insofar as he was a Member the Great Oakley Parish Council.  He thereupon withdrew from the meeting whilst this item was considered and determined and he then subsequently rejoined the meeting.

Members were reminded that an e-petition had been submitted by Tom Howard, as

lead petitioner, on 12 May 2023 That petition had been signed by 46 persons

and stated:-

“We call on Tendring District Council to immediately suspend the property dealing procedure and any plans to develop or sell for development the following sites in the Great Oakley and Little Oakley: • Woodlands, Great Oakley – Ref GO001G • Sparrows Corner, Great Oakley – Ref GO002G • Seaview, Little Oakley – Ref LO001H • Bayview Crescent – Ref LO002BH • Bayview Crescent, Little Oakley – Ref LO002CH Furthermore, we request that Tendring District Council explores alternative options that would retain this important amenity land in these rural Parishes. We specifically request, that Tendring District Council initiates discussions with Great Oakley Parish Council and Little Oakley Parish Council to explore options for them to take on all of these sites either via purchase for a nominal fee (e.g. £1 per plot) or a 99 year lease with a nominal peppercorn rent (e.g. £1 per annum) in exchange for the Parish Councils taking on the maintenance liability”.

Asset management was an executive function and therefore the Cabinet was the

appropriate body to consider this matter.

Cabinet was made aware of the Assistant Director (Building and Public Realm)’s

assessment and advice as follows:-

“Following a motion put to the full Council in November 2020 by Councillor Placey the Cabinet requested a review of Council owned assets that could be used for the construction of new Council homes or used or released in return for capital receipts in order to support Council priorities.

As part of that exercise a total of 69 sites were identified, with three already pending action after earlier decisions.

A report for Cabinet consideration was prepared identifying the sites and inviting determination of in respect of which of them to commence the property dealing procedure. Three previously identified sites were identified for priority disposal action, two of the then identified sites were identified for action.

On 15 July 2022 Cabinet agreed the identified priority actions and decided to progress with the property dealing procedure in relation to all of the identified sites.

Officers have begun to progress the identified priority actions, as resources permit, but no detailed assessment of any of the other sites has yet been undertaken.

On 04 November 2022 Cabinet considered a report outlining the Council’s financial outlook including a number of housing and property investment requirements that could not be funded.

It is likely that looking forward it will be increasingly necessary to practice asset management in order to deliver property and other obligations and aspirations.

Section 123 of the Local  ...  view the full minutes text for item 11.

To seek approval that the Section 151 Officer, in consultation with the Corporate Director (Place & Economy) and the Portfolio Holder for Economic Growth, Regeneration & Tourism, should sign the Memorandum of Understanding with Government for delivery of the Dovercourt Town Centre Improvement Corridor Capital Regeneration Project (Dovercourt CRP).

To also seek approval for the approach to delivering that Project, as well as the approach to delivering the Clacton Civic Quarter Levelling Up Fund (Clacton LUF).

To also provide Cabinet with an update on progress with these schemes.

RESOLVED that Cabinet –

a)    noted the five projects for delivery across the Clacton Civic Quarter and Dovercourt Town Centre bids, as set out in the submissions to Government and confirms its endorsement to both schemes progressing within the context as set out;

b)    accepted the £6,652,251 awarded to the Council for delivery of the Dovercourt Town Centre Improvement Corridor, following a successful Capital Regeneration Project award from Government, and authorises the S151 Officer to sign the associated Memorandum of Understanding with the Department for Levelling Up Housing and Communities (DHLUC);

c)    agreed the draw-down of £250,000 from the Council’s Levelling Up Fund Budget of £2.291m to support the early preparation phases for development of the scheme for Dovercourt;

d)    authorised the Corporate Director Place & Economy in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism to agree any associated expenditure for both Dovercourt and Clacton schemes, within the context of this report;

e)    agreed to the proposed approach for delivering the projects, as set out in this report, working in close partnership with Essex County Council, as an integral partner, noting subject to further business case approvals by Essex County Council;

f)     delegated authority to the Portfolio Holder for Economic Growth, Regeneration and Tourism in consultation with the Corporate Director Place and Economy, Section 151 and Monitoring Officers to approve the Heads of Terms for the various agreements; and

g)    authorised the Corporate Director Place and Economy to approve the final terms and conditions of the agreements in consultation with the Section 151 and Monitoring Officers; and

h)    endorsed the Portfolio Holder forming a Cross Party Levelling Up Working Party  to receive project management updates at least four times a year on progress with the schemes, with particular attention to risk management for each individual project, budget and costings and delivery progress.

Cabinet considered a report of the Deputy Leader of the Council & Economic Growth, Regeneration and Tourism Portfolio Holder.

It was reported that the Council's Corporate Plan 2020-24 was committed to developing vibrant town centres and public spaces, managing its own homes, and offering joined-up public services. In line with this commitment, the Council had published the 'Love Clacton' Plan in 2020 and 'Dovercourt Revisited' in 2019, which outlined proposals for town centre regeneration. In August 2022, the Council had submitted two applications to Round Two of the LUF (Levelling Up Fund). The first application had requested £19,958,224 for the Clacton Civic Quarter, and the second application sought £6,652,251 for Dovercourt Town Centre. Those projects aligned with the funding opportunities provided by the Love Clacton and Dovercourt Revisited proposals. Essex County Council (ECC) had collaborated with this Council in developing the bids, providing resources, owning land and buildings within some of the projects, and committing £8 million of matched funding.

Members were informed that the Clacton Civic Quarter bid aimed to create 28 new homes, offices, and shops along Carnarvon Road, as well as a covered market of 'maker spaces' to support local businesses. Additionally, the bid had included plans to redevelop the ECC library site into a new library and Adult Community Learning Centre, with the University of Essex establishing a Centre for Coastal Communities in Clacton. This Council had received notification from the Government on January 19 2023, stating that it  had been successful in securing the funding for the Clacton LUF. Cabinet approval  had been granted on March 17 2023, to accept the awarded amount of £19,960,000 and to authorize the signing of the associated Memorandum of Understanding (MOU). The Council and the Government had subsequently signed the MOU, indicating an agreement to proceed with the project.

Members were also informed that regarding the Dovercourt CRP, the Council had initially received notice in January 2023 that its bid for the Dovercourt Town Centre Improvement Corridor  had been unsuccessful  under the Levelling Up Fund. However, on March 15 2023, the Government had announced that the bid  had been successful  under the ‘sister’ fund called 'Capital Regeneration Projects' (CRP). The funding for the Dovercourt CRP included investments in improving the appearance of Dovercourt Town Centre, refurbishing the library for Adult Community Learning, and constructing nine new social homes by demolishing an outdated multi-storey carpark. The Council had received an MOU for the Dovercourt CRP and  was required to sign and return it to the Government. The funding allocated for the Dovercourt CRP  needed to be spent by March 2026. The Council  was currently drafting Heads of Terms for agreements with Essex County Council to ensure compliance with the obligations stated in the MOUs with the Government.

For project delivery, the Council would programme manage the Clacton LUF and Dovercourt CRP schemes, reporting to the Regeneration Board and the LUF Delivery Programme Board, which included members from both this  Council and ECC. The Council planned to engage with Essex County Council  ...  view the full minutes text for item 12.

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

There were no Management Team items submitted for Cabinet’s consideration on this occasion.