Agenda, decisions and minutes

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

An apology for absence was submitted on behalf of Councillor P Kotz (the Portfolio Holder for Assets).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 21 July 2023.

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

RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 21 July 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 or Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

In relation to agenda item 7 (report A.2 – E-Petition: Requested changes to the Council’s Waste Management Functions), Councillor Placey stated that she had signed that e-petition and that therefore she would leave the meeting whilst it was deliberated and decided upon by the Cabinet.

In relation to agenda item 8 (report A.3 – E-Petition: ‘Brightlingsea Stench’), Councillor Barry stated for the public record that he was a member of Brightlingsea Town Council.

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.

Tendring4Growth Fortnight

The Portfolio Holder for Economic Growth, Regeneration & Tourism (Councillor I J Henderson) announced that it had been a fantastic fortnight of events. He thanked the Economic Growth Team and all others who had helped to make it a successful fortnight of events culminating in the Awards Night on 5 October 2023, which itself had been tremendously inspiring.

Overall, there had been nine events including for the first time events around coastal tourism and creative & cultural aspects. Particularly inspirational had been the Women in Business event, which had highlighted ambitious women in Essex.

Councillor Henderson referenced the excellent keynote speakers and the role of COLBEA and other organisations who were there to give advice, help and support to local businesses. Overall, it was very encouraging for the future.

Tendring Youth Awards

The Portfolio Holder for Partnerships (Councillor Placey) announced that she had attended the Tendring Youth Awards Night on 3^rd October 2023.It had been a night of celebration, which had recognised the hard work and the contribution that young people had made in their local communities. Many of them had overcome personal challenges to improve their lives. Some were young carers. Many were community volunteers. Overall, it had been a fantastic event.

To formally report the receipt of an e-petition submitted to the Council requesting that the Cabinet reconsiders its decision for all Beach Hut licences to be changed to leases.

RESOLVED that –

(a)    Mr. Westall be thanked for his e-petition; and

(b)    the Leisure & Public Realm Portfolio Holder’s written comments regarding the e-petition be endorsed as Cabinet’s formal response to Mr. Westall’s e-petition.

Cabinet was informed that an e-petition submitted by Dale Westall, as lead petitioner, had been received on 30 June 2023. The petition had been signed by 164 persons and stated:-

“We the undersigned petition the Council to have the Cabinet of the Council reconsider its decision that all Beach Hut licenses be changed to leases and further, we petition the Cabinet of the Council that Beach Hut Association members be shown the cost, length, and terms of the leases prior to them being put in place.”

Members were reminded that Beach Hut Licensing was an executive function and that therefore the Cabinet was the appropriate body to consider this matter.

It was reported that, in accordance with the Council’s adopted Scheme for Dealing with Petitions the receipt of this Petition had been reported, for Members’ information, to the meeting of the Full Council held on 11 July 2023. This matter had now been investigated and a report prepared and presented to the Cabinet on the basis that the Petition contained between 30 and 500 signatures.

The Deputy Chief Executive & Monitoring Officer’s written advice and assessment of the Petition was as follows:-

“It’s important to refer back to the legal requirements section of the February 2023 Cabinet Report, which confirms that in coming to decisions in relation to management of assets, the Council must act in accordance with its statutory duties and responsibilities.  Cases assessing principles of Section 120 of Local Government Act 1972 confirm that the Council is obliged to ensure that the management of its assets are for the benefit of the District.

Option for Beach Hut Agreements - The proposal in the February report was to move away from Licence Agreements to Leases from 1 April 2024.  Cabinet had the option however to maintain the status quo and continue to operate Beach Hut agreements through licences.  A licence only grants a personal right to use and occupy the site and place the hut in accordance with certain conditions (see current clause 2), it is not transferrable.  Some Beach Huts are being sold on the impression that the licence will be transferred to the new owner and this is legally not possible.  An application has to be made for a new Licence and the Council has the right to refuse, especially if the Hut is not compliant with the conditions of the former licence but in particular, (see current clause 4.11) the Council has a waiting list for our Beach Hut sites.  Licences offer less protection and permits the Council to make changes to terms and conditions, with minimum notice and providing notice to end agreements with 28 days’ notice (see current clause 4.4.2).

A lease is a legal interest and grant of a right to the exclusive possession of land for a determinable period of time.  It is important for both parties to understand the type of agreement into which they are entering.  With Beach Huts changing hands for very significant values,  ...  view the full minutes text for item 33.

To formally report the receipt of an e-petition submitted requesting changes to the operation of the Council’s waste management functions.

RESOLVED that –

(a)   Ms. Tyler be thanked for her e-petition; and

(b)   the Environment Portfolio Holder’s written comments regarding the e-petition be endorsed as Cabinet’s formal response to Ms. Tyler’s e-petition.

Earlier on in the meeting, as reported under Minute 30 above, Councillor Placey had stated that she had signed this e-petition and that therefore she would leave the meeting whilst it was deliberated and decided upon by the Cabinet. Councillor Placey therefore accordingly left the meeting for this item.

Members were informed that an e-petition submitted by Sharon Tyler, as lead petitioner, had been received on 18 August 2023. The e-petition had been active in the period from 5 May to 18 August 2023 and had been validly signed by 33 persons.

It stated:-

“We, the undersigned, petition the Council to seek alternative solutions to waste collection in the District, specifically, that the issuing of lilac coloured rubbish bags to volunteer litter picking groups is changed so that these sacks do not go to landfill, wheelie bins are issued for household recycling doorstep collection and that more public bins are installed in Towns and along the Seafronts.”

The petitioners’ stated justification for this e-petition was that:-

“Wheelie bins for recycling rather than boxes would be more effective and make the collection process more efficient. Currently Veolia empty the boxes into a wheelie bin before emptying contents into the lorry. This is inefficient. The boxes and lids often get damaged and blown away or stolen meaning the Council must have a constant supply of new ones. Wheelie bins would be more efficient because the contents are kept safely inside until emptied and they are more robust. We also need more bins in the town and on the seafront that are separated by litter type to reduce what goes to landfill. There would be an initial cost for household recycling wheelie bins but this would be offset in cost savings made in dealing with litter more effectively. The lilac sacks from litter picking need to be changed so this litter doesn’t go directly to landfill.”

Cabinet was aware that waste management was an executive function and therefore the Cabinet was the appropriate body to consider this matter.

It was reported that, in accordance with the Council’s adopted Scheme for Dealing with Petitions, the receipt of this E-Petition had been reported, for Members’ information, to the meeting of the Full Council held on 26 September 2023. This matter had now been investigated and a report prepared and presented to the Cabinet on the basis that the Petition contained between 30 and 500 signatures.

The Assistant Director (Housing & Environment)’s written advice and assessment of the Petition was as follows:-

“The submission of this petition is timely as the Council is embarking on a review of its waste and recycling and street sweeping services in light of the expiry of the current contractual arrangements early in 2026.

The review, involving the creation of a dedicated Board and an all-party councillor working group, will consider the strategy the Council wishes to adopt in respect of waste and recycling and the preferred methods of collection and materials to be collected for recycling. The introduction  ...  view the full minutes text for item 34.

To formally report the receipt of an e-petition submitted requesting that Tendring District Council carries out a further investigation into the phenomenon of the ‘Brightlingsea Stench’.

RESOLVED that -

(a)    Mr. Court be thanked for his e-petition; and

(b)   the Environment Portfolio Holder’s written comments regarding the e-petition be endorsed as Cabinet’s formal response to Mr. Court’s e-petition.

Earlier on in the meeting, as reported under Minute 30 above, Councillor Barry had stated for the public record that he was a member of Brightlingsea Town Council.

Cabinet was informed that an e-petition submitted by Matthew Court, as lead petitioner, had been received on 31 August 2023. The e-petition had been active in the period from 1 August to 31 August 2023 and had been validly signed by 110 persons. It stated:-

“We the undersigned petition the Council to:-

•    Immediately reopen the investigation into the persistent stench issue in Brightlingsea.

•    Engage external environmental experts, if necessary, to support and expedite the investigation into the source and nature of the problem.

•    Provide regular, transparent updates to the public on the progress of the investigation, findings, proposed solutions, and expected timelines.

•    Actively coordinate with the Environment Agency and any other relevant authorities to advocate for the needs of Brightlingsea residents and seek their intervention if required.

•     Implement temporary measures to mitigate the impact of the stench on the residents of Brightlingsea while a long-term solution is being found.

•    Form a community task force, including residents, council members, and experts, to ensure direct community participation in the ongoing efforts to resolve this issue.

•    Carry out a comprehensive assessment to understand the potential health impacts of the stench on Brightlingsea's residents.”

The petitioners’ stated justification for this e-petition was that:-

“The persistent stench that has plagued the residents of Brightlingsea for over a year is more than just a nuisance; it's a matter of public health, well-being, and the quality of life for every person living and working in the affected area, including the school which has its main playing field nearby. It has turned what should be a pleasant environment into a place where people cannot even open their windows or spend time outside without discomfort.

The initial investigation by Tendring District Council was a step in the right direction, but the premature closure of the investigation without finding a source or solution is deeply disappointing and frankly, unacceptable. This decision gives the impression of a council that is either unable or unwilling to fully address the problem, which is a disservice to the people it is supposed to represent and protect.

This e-Petition is not just about the stench; it's about the role of Tendring District Council and councillors as our elected representatives. It's about how we, as a community, expect our concerns to be addressed, our voices to be heard, and our wellbeing to be prioritised. The actions listed in this petition reflect those expectations.

We understand that finding a solution may not be easy or immediate, but we insist that the council take these necessary steps, engage with the necessary bodies, utilise all available resources, and provide the leadership and representation that Brightlingsea needs and deserves. We look forward to seeing a renewed effort from the Council in tackling this ongoing issue and restoring the quality of life in  ...  view the full minutes text for item 35.

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

RESOLVED that the new Ardleigh, Great Holland and Tendring village Conservation Area Appraisals and Management Plans be approved for consultation with the public and other interested parties.

Cabinet was informed that the Planning Policy & Local Plan Committee (“the Committee”), at its meeting held on 27 July 2023 (Minute 7 referred), had considered a comprehensive report (and appendices) of the Director (Planning). That report had reported to it the Ardleigh, Great Holland and Tendring village Conservation Area Appraisals and Management Plans, prepared for the Council by Essex Place Services.

The report had also sought the Committee’s recommendation to Cabinet that they should be approved for public consultation purposes.

The Committee’s decision at its meeting held on 27 July 2023 had been as follows:-

“RESOLVED that the Planning Policy and Local Plan Committee:

a)     endorses the new Conservation Area Appraisals and Management Plans for Ardleigh (Appendix 1 to item A.1 of the Report of the Director (Planning)), Great Holland (Appendix 2 thereto) and Tendring village (Appendix 3 thereto);

b)     recommends to Cabinet that the above documents forming Appendices 1, 2 and 3 be published for consultation with the public and other interested parties; and

c)      requests that in the event that future reviews of a Conservation Area or Areas within a Parish or Parishes coincides with that Parish or Parishes or other qualifying bodies formulating a Neighbourhood Plan then that Parish or Parishes or other qualifying bodies will be consulted by Officers at an earlier stage of the review(s) in order that the said Parish or Parishes or other qualifying bodies can take any material considerations arising therefrom forward as part of the Neighbourhood Plan process.”

Cabinet had before it the following comment submitted by the Portfolio Holder for Housing & Planning:-

“I thank the Planning Policy and Local Plan Committee for its consideration of these last three 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. 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. I thank and congratulate the Officers and the members of the Committee, past and present for all of their sustained hard work over the last three years in bring these conservation area appraisals to fruition.”

Having duly considered the recommendations submitted to Cabinet by the Planning Policy & Local Plan Committee, together with the response of the Housing & Planning Portfolio Holder thereto:-

It was moved by Councillor Baker, seconded by Councillor Bushand:-

RESOLVED that the new Ardleigh, Great Holland and Tendring village Conservation Area Appraisals and Management Plans be approved for consultation with the public  ...  view the full minutes text for item 36.

To provide a general update and overview of the Council’s financial position against the 2023/24 budget and looking ahead to 2024/25 and beyond.

RESOLVED that Cabinet -

(a)    notes the Council’s in-year financial position at the end of July 2023 along with the updated financial forecast for 2024/25 and beyond;

(b)    approves the proposed adjustments to the 2023/24 budget, as set out in Section 1 of Appendix 1H to the Report of the Leader of the Council/Corporate Finance & Governance Portfolio Holder and requests Officers to review the potential on-going impact in 2024/25 and beyond, where necessary, as part of developing the forecast and detailed estimates for further consideration by Cabinet later in the financial year;

(c)    notes the outcome of the review of carry forwards from 2022/23 approved under delegation to the Portfolio Holder for Corporate Finance and Governance as set out in Table 1 of the aforesaid report and -

i)    approves items 1 and 2 set out in Section 2 of Appendix 1H to the aforementioned report;

ii)   requests Officers to provide additional information relating to items 3 to 6 set out in Section 2 of Appendix 1H to the above mentioned report for inclusion in the Financial Performance Report for Quarter 2 that is scheduled to be presented to Cabinet in November 2023;

(d)    notes the treasury transactions with Birmingham City Council set out in the report and request Officers to provide an update in Quarter 2 setting out the response of Members at the Full Council meeting at Birmingham City Council to their Section 151 Officer’s recent Section 114 reports;

(e)    the Council continues to be a member of the Essex Business Rates Pool and Council Tax Sharing Agreement with Essex County Council in 2024/25 if it remains financially advantageous to do so;

(f)     notes the updated financial forecast set out in the report and requests Officers, in consultation with the relevant Portfolio Holders, to further develop the financial forecast proposals alongside the development of the Council’s priorities, as part of the wider framework within which to identify the necessary budget reductions to support the Council’s long-term financial sustainability; and

(g)    requests that the Resources and Service Overview and Scrutiny Committee be consulted on the latest financial position of the Council, as set out in the report.

Cabinet considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.5), which provided it with a general update and overview of the Council’s financial position against the 2023/24 budget and looking ahead to 2024/25 and beyond.

That report was split over two distinct sections as follows:

1)  The Council’s in-year financial position against the budget at the end of July 2023; and

2)  An updated long term financial forecast

Members were reminded that previously an additional section had been included within these reports that had undertook a detailed view of items that would have an impact on the in-year position but also an on-going impact on the later years of the forecast. Although this report set out a number of adjustments to the in-year budget, any longer term impacts remained under review at present. However, they would be revisited as part of developing the forecast for 2024/25 and beyond, and they would be reported within future financial performance reports.

SECTION 1 - In respect of the in-year financial position at the end of July 2023:

It was reported that the position to the end of July 2023, as set out in more detail within the appendices, showed that, overall, the General Fund Revenue Account was underspent against the profiled budget by £1.747m.

Cabinet recalled that, as part of developing the budget for 2023/24, which had been agreed by Full Council in February 2023, a number of adjustments had been made to reflect emerging and/or on-going issues. Therefore, only a limited number of variances had developed during the first four months of this financial year. Where variances had been highlighted, those broadly reflected known issues where further review / consideration might be necessary or reflected the timing of general expenditure and/or income budgets. It was acknowledged that other expenditure or income trends might still emerge / develop over the remainder of the financial year.

Members were made aware that this report also set out a number of further potential issues although no adjustments had been made to the budget at the present time as they remained subject to ongoing review and / or reporting separately later in the year.

It was reported 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 this report, there were no other major issues that had been identified to date. In respect of treasury activity, the transactions undertaken with Birmingham City Council were highlighted in the report along with the commitment to report to Cabinet the outcome of the Birmingham City Council meeting when its Members had considered their Section 151 Officer’s Section 114 report. 

Members were reassured 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.

Cabinet was advised that a number of in-year budget adjustments were proposed as set out  ...  view the full minutes text for item 37.

To consider the next steps for the Levelling Up Fund (LUF) Project in Clacton-on-Sea and Capital Regeneration Project in Dovercourt and to draw down £1,898,421 from the £2.295m LUF budget for the procurement of professional services to progress the respective project plans through to the submission of applications for planning permission.

RESOLVED that Cabinet -

a)  endorses the revised programme delivery method for the Carnarvon Terrace and Homes for Dovercourt schemes, as a change from the previous Cabinet decision, which results in the Council managing these projects directly and not Essex County Council led partners, and recognises the need to allocate resources from total project funding available to these schemes;

b)  approves the allocation of up to £1,898,421 from the Council’s remaining Levelling Up Fund Budget of £2.041m to procure professional services in order to deliver the projects through to planning submission, with expenditure from this allocation being in line with the bid submission;

c)   requires that any changes to the projects be made by Officers, in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism;

d)  authorises the Corporate Director (Place and Economy), in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism, to procure appropriate resources and commission a project team to carry out the associated work including for the design briefs;

e)  approves the necessary exemptions from the Council’s Procurement Procedure Rules in order to enable the Corporate Director (Place and Economy) to enter into an agreement with the relevant Employment Agency to extend the engagement of the Capital Programme Manager; and

f)    delegates the agreement of the final design brief and subsequent planning application submission to the Portfolio Holder for Economic Growth, Regeneration & Tourism.

Cabinet considered a report of the Economic Growth, Regeneration & Tourism Portfolio Holder (A.6), which sought its consideration of the next steps for the Levelling Up Fund (LUF) Project in Clacton-on-Sea and the Capital Regeneration Project (CRP) in Dovercourt. The report also sought Cabinet’s approval to draw down £1,898,421 from the Council’s £2.295m Levelling Up Fund budget for the procurement of professional services to progress the respective project plans through to the submission of applications for planning permission.

Members recalled that it had been announced on 19 January 2023 that the Council’s bid to round two of the Government’s Levelling Up Fund (LUF) for Clacton Town Centre, the ‘Clacton Civic Quarter’, had been successful and awarded £19,958,224. In addition, on 15 March 2023 it had been announced that a £6.65m bid for projects in Dovercourt Town Centre had been approved, under the Government’s Capital Regeneration Scheme.  The schemes were comprised of the following:-

·      Clacton Hub (LUF)

·      Carnarvon Terrace (LUF)

·      Kingsway Improvements (CRP)

·      Homes in Dovercourt (CRP)

·      Learning and Library Project (CRP)

Cabinet was reminded that the Council had chosen the projects from the Council’s plans as set out in the documents ‘Love Clacton’ and ‘Dovercourt Revisited’. Those projects responded to some of the key challenges for the District, including increasing skills, driving economic growth, supporting vibrant town centres, and meeting local housing need, and aimed to improve the quality of life for residents of Clacton and Dovercourt. The projects also aligned with other Council projects, including the Orwell Terrace scheme in Dovercourt, and the recruitment of a Town Centre Manager.

Cabinet recalled further that, on 17 March 2023, it had considered a report entitled ‘Financial Performance Report - In Year Performance against the Budget at the end of Quarter 3 2022/23 and Long Term Financial Forecast Update’. In addition to accepting Government funding for the Clacton Civic Quarter LUF scheme, through that report Cabinet had allocated £250,000 of Tendring District Council’s match funding allocation for the above bids to support the development of the scheme for Clacton.

Members were reminded that, on 23 June 2023, Cabinet had considered a report entitled ‘Clacton Civic Quarter Levelling Up Fund (LUF) Bid, Dovercourt Town Centre Improvement Corridor Capital Regeneration Project (CRP) Bid’.  In addition to accepting Government funding for the Dovercourt scheme, through that report Cabinet had allocated usage of the £250,000 which had been drawn down in the March 2023 report, towards early preparations for the CRP scheme and had agreed proposals for delivery of the respective projects in partnership with Essex County Council (ECC).

Cabinet was aware that its June report had further set out that the Council was the responsible authority for both the LUF and CRP projects. As such, the Council would programme manage the overall schemes, reporting to the Officer-led LUF Delivery Programme Board, thence on to the Member-led Regeneration Board, and ultimately to DLUHC and Government. Both Boards had joint membership from the Council and ECC.  Furthermore, the report had proposed that this  ...  view the full minutes text for item 38.

To update Cabinet on the actions taken in response to a breach of a statutory reporting deadline.

RESOLVED that the contents of the Monitoring Officer’s update report be noted.

Further to the decision taken by the Cabinet at its meeting held on 21 July 2023 (Minute 27 resolution (d) referred), Members considered a report of the Monitoring Officer which provided an update on the actions taken by this Council in response to a breach of a statutory reporting deadline.

Cabinet was informed that this report was based on the Monitoring Officer’s Section 5 report, which had been submitted to the meeting of the full Council held on 26 September 2023. That report to Council was attached as an Appendix to the Monitoring Officer’s report (A.7) for Members’ information and reference.

It was reported that, since Cabinet’s meeting on 21 July 2023, a number of actions / events had occurred summarised as follows:-

·      the Council’s Statement of Accounts for 2022/23 had been published by 1 August 2023, with the period for public inspection therefore commencing on that date. This had brought to a close the period whereby the Council had remained in breach of the statutory requirement to publish the Accounts by 1 June 2023;

·      reference to this issue had been included within the Annual Governance Statement 2023, which formed part of the Statement of Accounts for 2022/23; and

·      the Government had now published its intended response to the on-going audit delays.  Essentially, the aim behind the Government’s proposed approach was to set statutory ‘back stop’ deadlines that required External Auditors to conclude their audit work and publish either qualified or unqualified opinions based on the level of work they had completed by those statutory deadlines.

Greater detail on those summarised points was to be found in the “Legal Requirements” section of the Monitoring Officer’s aforementioned Section 5 report to Full Council.

In order to enable Cabinet to formally receive the required update from the Council’s Monitoring Officer on this matter:-

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

RESOLVED that the contents of the Monitoring Officer’s update report be noted.