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 I J Henderson (Deputy Leader of the Council & Portfolio Holder for Economic Growth, Regeneration & Tourism), J D Bray (Leader of the Tendring Residents’ Alliance Group), G V Guglielmi (Leader of the Conservative Group), G G I Scott (Leader of the Liberal Democrats Group) and P J Harris (Deputy Leader of the Tendring Residents’ Alliance Group).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 15 December 2023. 

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

RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 15 December 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.

The Leader reported that it had been a busy month since the last Cabinet meeting taken up mostly with budget setting and budget scrutiny at two meetings of the overview and scrutiny committees. In addition, Government officials had visited the District last week to start work with the Council on the Levelling Up Fund projects and that this was likely to take up to three months to complete.

The Leader also referred to the Secretary of State’s announcement the previous day on the Local Government Finance Settlement which had promised an extra, large amount of money for local government but not necessarily for District Councils such as TDC.

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

The Partnerships Portfolio Holder (Councillor Placey) was pleased to announce that the OfSTED report had rated the Career Track service as ‘Good’. It was a reflection of all the hard work that the Officers in that Team had put in over the last year together with the dedication of the Apprentices on that scheme. On behalf of the Cabinet she congratulated everyone concerned.

Councillor Placey informed Cabinet that the Council had hosted a very successful STEAM event for nine primary schools on Tuesday that week. It had been supported by the NHS, Essex County Council and the University of Essex as well as by TDC.

Finally, Councillor Placey reported that she had been privileged to attend a meeting of the health and well-being school hubs held at Great Bentley Primary School. Going into their third year the Hubs had worked with 1,526 and their families and, as a result, at least 80% of those children had not subsequently been referred to statutory services. She paid tribute to the initial work carried out on this project by her predecessor, as Portfolio Holder, Councillor Lynda McWilliams and she was happy that the Hubs now covered 33 schools.

There are no matters referred to the Cabinet by the 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 recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following that Committee’s scrutiny of the Cabinet’s initial budget proposals at its meeting held on 10 January 2024.

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be welcomed and noted and that it be further noted that the responses of Portfolio Holders thereto will be considered as part of items 11 and 14 of the agenda.

Cabinet was informed that, in accordance with the requirements of the Budget & Policy Framework Procedure Rules the Resources and Services Overview and Scrutiny Committee (“the Committee”) had undertaken its scrutiny of the budget for the Council.  Prior to its meeting on 10 January 2024, the members of the Committee, had met informally on 3 January 2024 with the Section 151 Officer and the Head of Democratic Services & Elections. That informal meeting had aided the members of the Committee in developing key lines of inquiry for its formal scrutiny meeting that was duly held on 10 January 2024.

At the Committee’s formal meeting on 10 January, it had been reminded that the initial General Fund and the Housing Revenue Account (HRA) Budget proposals for 2024/25 had been considered by Cabinet on 15 December 2023. 

The Committee had been provided, as part of the material for it to consider, the following:

1)    Updated General Fund Financial Forecast / Budget 2024/25 – the report considered by Cabinet on 15 December 2023.

2)    Updated Housing Revenue Account Business Plan and Budget Proposals 2024/25 – the report considered by Cabinet on 15 December 2023.

Following the aforementioned informal meeting of the Committee held on 3 January 2024 a series of written questions had been circulated to Portfolio Holders and their responses had been circulated to the Committee prior to its formal meeting on 10 January 2024.  The Minutes of that meeting record those questions and responses in an Appendix.

At the 10 January meeting further supplementary questions had been asked of Cabinet Members and responses provided including, in some cases, a commitment to provide a written response. The following such commitments to written responses being provided were given to the Committee:-

•    Cllr. Andy Baker, Portfolio Holder for Housing & Planning - regarding whether the Council would pursue ‘joint ventures’ (such as ‘lease back’) as a way of increasing the housing stock.

•    Cllr. Andy Baker, Portfolio Holder for Housing & Planning – in relation to how often the 30 year HRA Business Plan will be reviewed.

Those written responses had been duly circulated to the members of the Committee by email on 19 January 2024.

The Resources and Services Overview and Scrutiny Committee had resolved to submit the following recommendations to Cabinet:-

“That:-

(a)   Portfolio Holders review the individual cost pressures and cost savings across their respective service areas and explain how they are managing that process;

(b)   this Committee must be consulted on both the review of the Housing Strategy and on any revised Strategy proposals that come forward before the Cabinet makes any decisions on this matter;

(c)   a longer term Savings Plan be produced to ensure longer term financial sustainability and that it be submitted to this Committee for scrutiny in the first quarter of 2024/2025;

(d)   a review be carried out of the Council’s preferred service providers/contractors to ensure compliance with the Council’s Procurement Procedure Rules; and

(e)   a review be carried out on whether to introduce a “traffic light”  ...  view the full minutes text for item 74.

To enable the Cabinet to consider the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following that Committee’s consideration of the interim report from its Council Enforcement Arrangements Task and Finish Group at its meeting held on 10 January 2024.

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

It was reported that the Resources and Services Overview and Scrutiny Committee (“the Committee”) at its meeting held on 10 January 2024, had considered an interim report from its Council Enforcement Arrangements Task and Finish Group which had been submitted following that Group’s conclusion of the element of its enquiry concerning Planning Enforcement.

The Committee had been provided, as part of the material for them to consider, the following:

1)  the Head of Democratic Services & Elections’ covering report; and

2)  the Interim Report of the Council Enforcement Arrangements Task & Finish Group following the element of its enquiry concerning Planning Enforcement dated 31 October 2023.

Those reports were before Cabinet attached as Appendices 1 and 2 respectively to item A.2 of the Reference Report from the Resources and Services Overview and Scrutiny Committee.

At that meeting on 10 January 2024 the Committee had resolved to submit the following recommendations to Cabinet:-

“That:-

(1)   the pilot monthly update list on planning enforcement cases (showing Ward, location, alleged planning breach and reference number) be rolled out to all Councillors from the start of January 2024 and that, in the list, those cases relating to the same premises be cross referenced or be shown sequentially and allegations of breaches around the creation of Houses in Multiple Occupation be clearly identified;

(2)   moves be made to utilise the functionality built into the Planning computer software system, Uniform/Public Access, in order to provide up to date details on planning enforcement cases through the website.  This use should be timed to commence from 1 April 2024 for new cases, that existing live cases be added as updates are made to those cases during 2024/25 and that in March 2025 a report be provided to Councillors of those cases not available at that point on the website through the stated software packages;

(3)   the following be instigated in relation to arrangements across the Council to support joined up and effective enforcement:

a.  The pilot arrangements for action logs being created for meetings of the Operational Enforcement Group (that are associated with matters discussed at meetings of that Group (and are then monitored away from meetings of the Operational Enforcement Group)) be implemented fully going forward.  These action logs would also include relevant responses concerning information held by other service areas of the Council about premises that are referenced to the Group by any one of the service areas who are represented on the Group (including ‘NIL’ responses if appropriate).

b.  A mechanism of alerting service areas who are represented on the Operational Enforcement Group of live enforcement cases in each of the other service areas on that Group, an ongoing basis, be developed and implemented so as to improve the knowledge flow in the Council of allegations and provide for appropriate enforcement and timely interventions to be made to secure the best interests of the Council, its residents and businesses with a view to raising public confidence in the Council’s competence to secure those best interests and deliver  ...  view the full minutes text for item 75.

There are no matters referred to the Cabinet by the Leader of the Council on this occasion.

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

Following a request made as part of the Council’s Budget Setting Process for 2023/24 to undertake a review of the Clacton Airshow this report will enable Cabinet to consider options for future event delivery.

RESOLVED that Cabinet –

(a)    formally agrees, subject to funding being allocated, to support the continuation of delivering the Clacton Air Show for the years 2024-2027, with annual reviews to be undertaken; and

(b)    requests Officers to explore sponsorship opportunities including engaging specialist resource support.

Cabinet considered a report of the Economic Growth, Regeneration & Tourism Portfolio Holder (A.3), which set out options for the future of the Clacton Air Show based on a review requested as part of the Council’s Budget Setting Process for 2023/24. As such, this Clacton Air Show Review set out the key purpose, impact and benefits to running the Air Show in future years based on the outcomes experienced during the 2023 event.

Members were aware that the Clacton Air Show had national recognition and was one of the largest events in Essex; it was well supported by local and national media and all of the emergency services. Attracting thousands of visitors to the District, the Clacton Air Show was a local event that residents felt proud of; with the recent Corporate Plan Consultation (2023) highlighting that the: ‘air show is greatly loved by residents in the area’ and that a further 15.9% of people responding positively had stated that they would consider volunteering at the Clacton Air Show. In addition, feedback from visitors on social media and throughout the event, highlighted the positive excitement and energy that the event brought to the District.

The Clacton Air Show generated a significant amount of income to businesses within the local area. The Economic Impact report contained within Appendix B to the Portfolio Holder’s report highlighted that an estimated 250,000 attendees came to the event over the two-day period and contributed a net value of approximately £12,155,000 to the area with 166 jobs sustained for the duration of the show.

Cabinet was informed that the Clacton Air Show Review outlined why Tendring District Council hosted the Air Show and evidenced its impact on local tourism and to the wider economy. It aimed to enable a balanced decision to be taken on the future of the event in respect of the significant financial challenges faced by the Council. The review also included a comprehensive strengths, weaknesses, opportunities and threats analysis and provided an opportunity to review areas of development and potential for growth.

It was reported that the total cost to run the Clacton Air Show in 2023 had been £192,272, this included a budgeted subsidy of £130,330 and income generation of £65,718. A full financial breakdown had been included within the review, this incorporated the total costs of running the Clacton Air Show, impacts to the Council, and income generated. Alongside the budgeted financial subsidy for the Clacton Air Show, there were additional ‘in-kind’ costs incurred by the Council including staffing during the event and costs associated with Engineering and back office support.

Cabinet was made aware that the following options for the future of the Clacton Air Show had been considered:-

Option 1 – Air Show to be reviewed and agreed annually. Historically the decision to run the Air Show had been made annually following a review of the previous year’s event. There was the option to continue making this decision on a yearly basis, which would enable current factors to  ...  view the full minutes text for item 77.

To seek Cabinet’s approval of:

·      the latest financial forecast / budget proposals and council tax amount for 2024/25 for recommending to Full Council; and

·      a delegation to the Portfolio Holder for Corporate Finance and Governance to agree the detailed budget proposals and formal draft resolutions / ‘technical’ appendices required for Full Council on 13 February 2024.

RESOLVED that Cabinet –

(a)    approves the updated financial forecast, as set out in Appendix A to item A.4 of the report of the Corporate Finance & Governance Portfolio Holder, along with the savings and cost pressures set out in Appendices B and C respectively that form the firm proposals for the 2024/25 budget and recommends to Full Council a Band D Council Tax for district services of £193.73 for 2024/25 (a £2.99% increase), along with the associated council tax requirement of £10.048m.

(b)    authorises the Portfolio Holder for Corporate Finance and Governance, to agree the ‘technical’ appendices and resolutions for the budget proposals for recommending to Full Council on 13 February 2024;

(c)    authorises the Chief Executive, in consultation with the Corporate Finance & Governance Portfolio Holder, to report directly to Council in respect of the formal resolutions necessary to implement the Executive’s budget proposals including any further amendments emerging from additional information becoming available and/or notifications received from the Government; and

(d)  authorises the Portfolio Holder for Corporate Finance and Governance, to agree / adopt a Retail, Hospitality and Leisure mandatory business rate relief scheme for 2024/25.

Cabinet considered a report of the Corporate Finance & Governance Portfolio Holder (A.4), which sought its approval of:

·      the latest financial forecast / budget proposals and council tax amount for 2024/25 for recommending to Full Council; and

·      a delegation to the Portfolio Holder for Corporate Finance and Governance to agree the detailed budget proposals and formal draft resolutions / ‘technical’ appendices required for Full Council on 13 February 2024.

It was reported that, since the Cabinet’s last meeting on 15 December 2023, additional changes had been required, primarily as a result of new or revised information becoming available which included the Government’s Financial Settlement announcements. The changes required had resulted in a reduced deficit for 2024/25 of £1.715m, a change of £0.960m compared to the £2.674m deficit presented to Cabinet in December. Appendix A to the Portfolio Holder’s report,along with comments set out later on in that report, provided further details across the various lines of the forecast, with the most significant change being the receipt of the revenue support grant and other associated funding from the Government.

The most up to date savings schedule and cost pressure summary were set out in Appendices B and C respectively to the Portfolio Holder’s report.

Cabinet was advised that in order to enable the detailed estimates along with the various resolutions / ‘technical’ appendices required for Full Council’s meeting in February 2024 to be finalised, a delegation to the Portfolio Holder for Corportae Finance and Governance had been included within the Portfolio Holder’s recommendations. A further delegation had also been included in order to enable a business rate relief policy, associated with the continuation of a mandatory Government relief scheme in 2024/25, to be finalised in advance of bills being printed and sent out before the start of the 2024/25 financial year.

Members were reminded that the budget position set out in the report would change as further adjustments were required as part of finalising the budget for presenting to Council on 13 February 2024, with a further delegation included in the Portfolio Holder’s recommendations to reflect this.

Cabinet was informed that, based on the final proposed budget for 2024/25, the Council Tax requirement was £10.048m,which was based on a 2.99% (£5.62) increase for this Council’s services, with an annual Band D council tax of £193.73.Those figures would remain unchanged and therefore would be reflected in the various budget resolutions / ‘technical’ appendices proposed to be delegated to the Portfolio Holder for Corporate Finance and Governance.

The Council’s annual budget and the district and parish elements of the council tax would be considered by Full Council on 13 February 2024 with approval of the ‘full’ council tax levy for the year being considered by the Human Resources and Council Tax Committee later on in February 2024.

Members were reminded that, as set out in earlier reports, despite the challenging financial and economic environment, confidence in the long term approach to the forecast remained, which was supported by the  ...  view the full minutes text for item 78.

To present to Cabinet for approval and adoption three new/revised housing policies:

•    Temporary Accommodation Policy;

•    Deposit Guarantee Policy; and

•    Homelessness Prevention Policy.

RESOLVED that Cabinet –

(a)    formally adopts the following policies:

(i)       Temporary Accommodation Policy;

(ii)      Deposit Guarantee Policy; and

(iii)    Homelessness Prevention Policy.

(b)    authorises their direct implementation; and

(c)    authorises the Corporate Director (Operations and Delivery) to make future updates or amendments to each policy in consultation with the Portfolio Holder with responsibility for Housing.

Cabinet considered a report of the Housing & Planning Portfolio Holder (A.5), which sought its approval and adoption of three new/revised housing policies.

It was reported that the policies formalised some of the extensive work that was already undertaken by the Housing Solutions service in assisting those who were homeless or threatened with homelessness. The adoption of those policies would ensure that the Council had a clear framework in place in respect of activities associated with the prevention and relief of homelessness. The Council, along with other local housing authorities had experienced a year on year increase in homelessness presentations for several years. The current cost of living crisis meant that trend was unlikely to be reversed in the immediate future. The increase in homelessness presentations placed increasing pressure on the Housing Solutions Team as they sought to provide support to residents at what was likely to be one of the most difficult periods in their life. Sourcing further, suitable temporary accommodation for those that needed it was becoming more challenging, especially as the Council aimed not to place individuals outside of the District unless there were no other options.

Members were informed that the Temporary Accommodation Policy set out how temporary accommodation would be offered, the terms under which it was offered and the nature of the accommodation that would be made available. This policy was especially relevant as the Council drew closer to bringing Spendells House, Walton back into use as a dedicated temporary accommodation scheme.

Cabinet was made aware that the Deposit Guarantee Policy ensured that the Council had control over the provision of rent deposits for those persons who it assisted into privately rented accommodation. Spending on rent deposits had grown significantly over recent years and a focus on offering a deposit guarantee did not incur the same level of expenditure and would contribute to the operation of a more efficient homelessness service, making better use of the Homelessness Prevention Grant.

Cabinet was advised that Homelessness Prevention was the approach that should become the Council’s priority and that this dedicated policy set out the options available and how the Council would use them to the best effect to support residents of the District when they were threatened with homelessness.

In order to ensure that the policies were appropriately adopted, in accordance with the Council’s Constitution:-

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

RESOLVED that Cabinet –

(a)    formally adopts the following policies:

(i)       Temporary Accommodation Policy;

(ii)      Deposit Guarantee Policy; and

(iii)    Homelessness Prevention Policy.

(b)    authorises their direct implementation; and

(c)    authorises the Corporate Director (Operations and Delivery) to make future updates or amendments to each policy in consultation with the Portfolio Holder with responsibility for Housing.

To seek approval for the adoption of a TDC policy in respect of applications for events held on Council owned land.

RESOLVED that Cabinet –

(a)    notes the contents of the joint report;

(b)    formally adopts the Tendring District Council Open Space Event Policy for Council owned land, as set out in the Appendix to the joint report, and authorises it to take immediate effect (subject to the call-in process); and

(c)    authorises the Assistant Director (Building and Public Realm) to update the policy with any future legislative or best practice changes, in consultation with the relevant Portfolio Holders.

Cabinet considered a joint report of the Portfolio Holders for Leisure & Public Realm; Assets; Economic Growth, Regeneration & Tourism; and Partnerships (A.6), which sought its adoption of a policy in respect of applications for events to be held on Tendring District Council owned land.

It was felt that the policy, if adopted, would provide effective regulation and enforcement for events that would improve services to the community, promoting businesses and tourism. The policy provided guidance to support the Council to manage the difficult balance needed to maximise event benefits whilst minimising the challenges faced in holding them. Effective planning and management of events using an agreed policy framework would:- 

·      maximise safety for those working and attending events; 

·      ensure the promotion of the Licensing Objectives; 

·      ensure that events protect and enhance the environment, meet community needs and promote economic growth; 

·      provide a framework for the application process to seek approval for outdoor events;

·      ensure that pre-event consultation takes place; 

·      maximise the opportunity for increased spending that would make a positive contribution to the local economy; 

·      minimises any negative impact of events to the residents and businesses of the District;

·      set out a scale of charges for events; and

·      support the existing and future events programme(s) with events throughout the year to maximise the positive impact of events to Tendring’s economy.

Fully recognising that the adoption of a policy for events on council land would improve administration and efficiency associated with applications for events, provide a basis for setting fees and charges, reduce complaints concerning inconsistency of decisions made and increase clarity around the roles and responsibilities of both applicant and administrator:-

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

RESOLVED that Cabinet –

(a)    notes the contents of the joint report;

(b)    formally adopts the Tendring District Council Open Space Event Policy for Council owned land, as set out in the Appendix to the joint report, and authorises it to take immediate effect (subject to the call-in process); and

(c)    authorises the Assistant Director (Building and Public Realm) to update the policy with any future legislative or best practice changes, in consultation with the relevant Portfolio Holders.

To seek Cabinet’s approval of the updated HRA Business Plan for 2023/24 along with final HRA budget proposals 2024/25 (including fees and charges, capital programme and movement in HRA Balances) for recommendation to Council on 13 February 2024.

RESOLVED that Cabinet -

(a)    approves the updated HRA Business Plan, which includes the proposed position for 2023/24 and 2024/25, as set out in Appendix A to the joint report;

(b)    authorises the Assistant Director (Finance & IT) to adjust the forecast / budget, including the use of reserves, in consultation with the Portfolio for Housing and Planning and the Portfolio Holder for Corporate Finance and Governance if the financial position changes prior to Council considering the HRA budget on 13 February 2024; and

(c)    recommends to Full Council a 7.7% increase in dwelling rents in 2024/25, along with the detailed HRA Budget proposals for 2024/25, as set out in Appendices B to E to the joint Portfolio Holder report (A.7).

Cabinet considered a joint report of the Housing & Planning Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (A.7), which sought its approval of an updated Housing Revenue Account (HRA) Business Plan for 2023/24 and 2024/25, along with final HRA budget proposals for 2024/25 (including fees and charges, capital programme and movement in HRA balances) for recommending to the Full Council meeting on 13 February 2024. 

It was reported that, since the Cabinet’s last meeting on 15 December 2023, only two amendments to the proposed budget for 2024/25 had been required with 2023/24 remaining unchanged. The changes required in 2024/25 had resulted in the overall surplus increasing to £0.300m a change of £0.120m compared to the position reported to Cabinet in December 2023. Appendix Ato the joint report set out the updated Business Plan, in terms of 2023/24 and 2024/25, with Appendix B thereto setting out the proposed detailed budgets that reflected that latest position.

Cabinet was informed 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. This position remained subject to further adjustments that were likely to be required as part of finalising the budget for presenting to Council on 13 February 2024, with a delegation included in the Portfolio Holders’recommendations to respond to that possibility.

Members were advised that Appendix C set out the proposed fees and charges for 2024/25, which broadly reflected inflationary uplifts of 7.7% where relevant or other inflationary changes to better reflect the cost of providing the associated service.

The proposed HRA Capital Programme for 2024/25 was set out in Appendix D,which reflected the Council’s commitment to maintain the necessary investment in the existing homes of tenants.

Cabinet was made aware that the average weekly rent remained unchanged to the figure reported in December at £100.89, an increase of 7.7% over the comparable figure of £93.68for 2023/24. The HRA general balance was forecast to total £3.651m at the end of 2024/25, which retained a strong financial position against which the associated HRA 30 year Business Plan could continue to be delivered / developed. The HRA balances, together with the proposed rent increase for 2024/25 were important elements of delivering a sustainable HRA in the longer term.

It was also reported that HRA debt continued to reduce year on year as principal was repaid with a total debt position at the end of 2024/25 forecast to be £32.535m(A reduction of £1.414m compared with the figure at the end of 2023/24).

Cabinet was reminded that the Tenant’s Panel played an important role in developing the HRA Business Plan and budget proposals and that it was proposed to consult with them shortly, with any comments planned to be reported to Members either ahead of, or directly at, the Full Council meeting on 13 February 2024.

The Leader of the Council (Councillor  ...  view the full minutes text for item 81.

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.