Agenda and decisions

Venue: Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

Contact: Ian Ford Email:  iford@tendringdc.gov.uk or Telephone  01255 686584

Note: Postponed from 17th May 2024 

Media

Items
No. Item

1.

Apologies for Absence

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

 

2.

Minutes of the Last Meeting pdf icon PDF 271 KB

3.

Declarations of Interest

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.

 

4.

Announcements by the Leader of the Council

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

5.

Announcements by Cabinet Members

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

6.

Matters Referred to the Cabinet by the Council

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

7.

Leader of the Council's' Items - Joint Report of the Leader of the Council and the Economic Growth, Regeneration & Tourism Portfolio Holder - A.1 - Freeport East Progress and Business Plan pdf icon PDF 197 KB

This report is to update Cabinet on progress with the Freeport East Programme, and to recommend the approval of the Freeport East Ltd annual business plan for 24/25 and the Retained Business Rates Strategy.

 

The Council is one of the Founding Members of Freeport East Ltd, the company established to deliver the Freeport, including the collection and spending of Retained Business Rates.

 

The Portfolio Holder for Economic Growth, Regeneration & Tourism was appointed as a company director for Freeport East Ltd. The annual business plan has been approved by the company directors at the last board meeting (March 2024), along with the Retained Business Rates Strategy, but still requires Founding Member approval as set out in the Members Agreement. If approved by the Founding Members it will become the Business Plan for the Company.

 

The report also outlines the proposal for appointing an Alternate Director of the Company in accordance with the Articles of Association.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    approves the Freeport East annual business plan for 2024/25;

 

(b)   delegates authority to the Leader of the Council to approve future annual business plans on behalf of Tendring District Council as a Founding Member of Freeport East Ltd.;

 

(c)   approves the appointment of Lee Heley, Corporate Director (Place and Economy), as the Council’s Alternate Director of Freeport East Ltd., as nominated by the Portfolio Holder for Economic Growth, Regeneration & Tourism who is the Council’s main Director on the company;

 

(d)   approves Freeport East Ltd.’s Business Rate Relief Strategy (Local Growth and Investment Strategy); and

 

(e)   notes the progress that has been made with the Freeport East programme.

8.

Cabinet Members' Items - Report of the Economic Growth, Regeneration & Tourism Portfolio Holder - A.2 - Update on Levelling Up Fund and Capital Regeneration Projects pdf icon PDF 171 KB

To update Cabinet on the Levelling Up Fund and Capital Regeneration Projects following the June 2023 report and to request Officers to investigate the opportunity to bring forward that delivery of the demolition of Milton Road car park in Dovercourt.

 

Decision:

RESOLVED that Cabinet –

 

(a)    notes the acceptance of the two funding agreements between TDC and ECC for the delivery of the ECC led schemes within the LUF and CRP projects respectively; and

 

(b)   requests officers to investigate the opportunity to bring forward the Milton Road element of the Dovercourt scheme from the Capital Regeneration Project funding and report the outcome back to Cabinet in the context of the wider scheme.

 

9.

Cabinet Members' Items - Report of the Economic Growth, Regeneration & Tourism Portfolio Holder - A.3 - Progress with Town Centre Regeneration through the Clacton Long Term Plan for Towns and Dovercourt High Street Accelerator pdf icon PDF 259 KB

The Council is committed to town centre regeneration and has been allocated funding by Government to support a long-term plan for Clacton Town Centre and a pilot high street accelerator project in Harwich and Dovercourt.

 

This report updates Cabinet on progress and welcomes funding associated with these two schemes and delegates approvals on spending.

 

Decision:

RESOLVED that Cabinet –

 

(a)    welcomes and acknowledges receipt of the Grant Determination Letter awarding the second tranche of Long Term Plan for Towns capacity funding in the sum of £200,000 to support the development of the Long-Term Plan, including additional community engagement activity;

 

(b)    allocates up to £30,000 of the funding in (a) above to support community engagement and consultation in support of the development and implementation of Clacton’s Long Term Plan for Towns;

 

(c)    delegates the authorisation of the spending of the remaining Long Term Plan for Towns Capacity Payment of up to £220,000 (as set out in the report) to the Portfolio Holder for Economic Growth, Regeneration & Tourism following recommendations from the Town Board on how best to use this money, in line with Government’s Guidance, to support the development of their Long-Term Plan;

 

(d)    subject to (c) above, any such decisions will require a report in support explaining the projects and will be made following consultation with the Chief Executive and the Section 151 Officer, taking into account the latter’s responsibility to submit a Statement of Grant Usage and an Assurance Letter to DLUHC;

 

(e)    welcomes and acknowledges year 2 (2024/25) of the High Street Accelerator (HSA) Funding offered by the Department for Levelling Up, Housing and Communities to the value of £187,000 to support improvement of the town centre in Harwich and Dovercourt;

 

(f)    delegates the authorisation of the spending of that money in (e) above to the Leader of the Council, in consultation with the relevant Portfolio Holder for the specific projects, and the decisions will identify the impact on resources to delivery across the Council;

 

(g)   welcomes and acknowledges receipt of the Grant Determination Letter received 8 May 2024 awarding £500,000 funding (£450,000 Capital, £50,000 Revenue) for the financial year 2024/25 to spend in line with the expression of interest in support improvements to green space in Harwich and Dovercourt; and

 

(h)   delegates the authorisation of the spending of that money in (g) above to the Leader of the Council, in consultation with the Portfolio Holder for Leisure and Public Realm; and further delegates entering into a Memorandum of Understanding for this funding to the Corporate Director (Place and Economy), in consultation with the Section 151 Officer.

 

10.

Cabinet Members' Items - Report of the Housing & Planning Portfolio Holder - A.4 - Consideration and Adoption of a Reasonable Adjustments Policy, Vulnerability Policy and Unacceptable Customer Behaviour Policy pdf icon PDF 110 KB

To present to Cabinet the following housing policies for approval and adoption:-

 

? Reasonable Adjustments Policy;

? Vulnerability Policy; and an

? Unacceptable Customer Behaviour Policy.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    approves and formally adopts the Reasonable Adjustments Policy, Vulnerability Policy and Unacceptable Customer Behaviour Policy;

 

(b)    authorises their direct implementation; and

 

(c)   authorises the Corporate Director (Operations and Delivery) to make future updates or amendments to the above policies, in consultation with the Portfolio Holder responsible for Housing.

 

11.

Cabinet Members' Items - Report of the Housing & Planning Portfolio Holder - A.5 - Annual Housing Complaints Performance and Service Improvement Report including Self-Assessment against the Housing Ombudsman's Complaint Handling Code pdf icon PDF 134 KB

To present to Cabinet an Annual Complaints Performance and Service Improvement report for scrutiny and challenge, which includes a self-assessment carried out against the Housing Ombudsman’s Complaint Handling Code for 2023/24 prior to publication and submission.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    endorses the Portfolio Holder for Housing and Planning performing the role of Member Responsible for Complaints for the purposes of the Housing Ombudsman Complaint Handling Code and associated guidance;

 

(b)    in accordance with the Housing Ombudsman’s Complaint Handling Code and in compliance with Cabinet’s scrutiny and oversight requirements, formally receives the Council’s Annual Complaints Performance and Service Improvement Report, which includes the Annual Self-assessment against the Code, as set out in Appendices A and B to this report (A.5);

 

(c)    formally provides its response to the Annual Complaints Performance and Service Improvement report, for publication as follows:-

 

“We thank Councillor Baker for presenting this report to Cabinet today. We fully endorse everything that he has said and warmly welcome the content of the report and its recommendations.

 

As a Cabinet we recognise the importance of providing good quality housing and that responding to complaints forms an important part of that service.

 

We fully support and adopt the Housing Ombudsman’s revised complaint handling code and are committed to high quality complaint handling. It is important that we learn from all complaints and provide a positive response.

 

We support Councillor Baker, as Housing Portfolio Holder, taking on responsibility for housing complaints and he will ensure that we as a Cabinet receive regular information and updates on complaints, in particular, what they tell us about our housing service, what we have learnt from them and what we have done to put things right.

 

It is notable that the number of complaints received has been increasing and that is something that will be explored over the coming months to see what we can do better as part of a programme of continuous improvement for our housing service.”

 

(d)    authorises Officers to publish both the Report and the Cabinet’s response on the Council’s website within the section relating to complaints and to submit the self-assessment to the Housing Ombudsman by 30 June 2024; and

 

(e)   notes that there is to be a review in 2024/25 of the Council’s Corporate and Housing Complaints procedures to deliver the expectations of the now closely aligned Local Government & Social Care and Housing Ombudsmen Codes.

 

12.

Cabinet Members' Items - Report of the Housing & Planning Portfolio Holder - A.6 - Further Update on Spendells House and Review of Budget and Reference under Section 5 of the Local Government and Housing Act 1989 pdf icon PDF 254 KB

    To update Cabinet on progress with Spendells House being retained and reconfigured for the provision of temporary housing accommodation.

    To seek continued support for the project in the light of the options available and the ongoing need for the accommodation.

    To seek additional funding for additional work to address matters that were not within the specification and were brought to light in the course of the project.

    To inform Members of a breach of the Council’s Financial Procedure Rules and legal decision making requirements with regard to variation of a contract without sufficient approvals in place and the actions taken in response.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

a)     formally receives the Monitoring Officer’s report and in response, notes the update on progress, increased contractual costs and additional budgets required to complete the project;

b)     continues to support, acknowledging the risks highlighted, the principle of the Spendells house site being retained and reconfigured for the provision of temporary housing accommodation;

c)      notes the financial implications incurred but that the most cost effective route forward is to complete the scheme and the contract in place;

d)     allocates an additional £0.850m capital and £0.01m revenue from reserves to facilitate the completion of the project;

e)     authorises the additional contractual works to be undertaken and recorded through contract management, as set out in the report (A.6);

f)       acknowledges that managers have been reminded of the internal control arrangements in place and the need for these to be followed in order to ensure such contract instructions are not proceeded with in future without the necessary approvals in place;

g)     requests that the Portfolio Holder for Housing and Planning provides corporate oversight of the completion of the project within the approvals in place;

h)     notes and endorses the instructions and actions of the Chief Executive, as set out within the Addendum Report;

i)       requests that Officers provide an update against the instructions and actions taken by the Chief Executive as soon as practicable; and 

j)       acknowledges the potential alternative to using HRA Reserves highlighted within the Addendum Report and requests that the Section 151 Officer keeps the options under review during the year and reports back to Cabinet as necessary.

 

13.

Cabinet Members' Items - Report of the Partnerships Portfolio Holder - A.7 - Family Solutions Update pdf icon PDF 139 KB

To recommend an additional Family Solutions Officer Post (Harwich) for a fixed term period of 12 months based on a review of the value for money / benefits such as the post would deliver on behalf of the Council and District.

Additional documents:

Decision:

RESOLVED that Cabinet -

 

(a)    approves the value for money / benefit review as set out in the Portfolio Holder’s report (A.7);

 

(b)    following the earlier set aside of the associated funding, agrees to the establishment of an additional Family Solutions Officer Post in Harwich for a fixed term period of 12 months;

 

(c)    requests that future funding of this fixed term post be included within the intended wider review of external grant funding; and

 

(d)    requests that potential future funding be also considered as part of the review of ongoing cost pressures within the long term financial forecast.

 

14.

Cabinet Members' Items - Report of the Partnerships Portfolio Holder - A.8 - Allocation of funding to the Mental Health Hub pdf icon PDF 137 KB

To seek approval to allocate £28,000 of funding to the Mental Health Hub run by Citizen’s Advice Tendring.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

a)  approves the ‘Subsidy Addressing Health Inequality – Mental Health Subsidy Scheme for 2024/25’;

 

b)  awards Citizen’s Advice Tendring direct grant funding of £28,000 as a contribution to the provision of a Mental Health Hub for 2024/25; and

 

c)   requests Officers to ensure that the award is published on the Government’s website, as soon as practicable.

15.

Cabinet Members' Items - Joint Report of the Corporate Finance & Governance Portfolio Holder and the Partnerships Portfolio Holder - A.9 - Part Funded Police Community Support Officer (PCSO) Harwich & Dovercourt pdf icon PDF 1 MB

To seek approval to continue to part-fund a Police Community Support Officer (PCSO)* in the Harwich & Dovercourt area for the period 1st April 2024 until 31st March 2025 (12 months), Harwich Town Council and Tendring District Council will each fund 50% of the role.

 

*This is an extension of the existing arrangements, and a post holder is currently in this role if formally agreed, the Council will be invoiced for their contribution.

Decision:

RESOLVED that Cabinet –

 

(a)   approves the continuation of the arrangement to part-fund a Police Community Support Officer (PCSO), deployed in the Harwich & Dovercourt area, for a period of 12 months from 1st April 2024 until 31st March 2025, the cost of which is to be met from the associated funding identified, as part of the Quarter 3 Financial Performance 2023/24 that was considered by Cabinet, on 19 April 2024; and

 

(b)  that the continuation of this arrangement post 31 March 2025 will be considered as part of the future funding review of external posts and the options available during 2024/25 will be presented to Cabinet.

 

16.

Cabinet Members' Items - Report of the Partnerships Portfolio Holder - A.10 - Proposed Variation to the existing Public Spaces Protection Order (PSPO) in Clacton Town Centre - including an extension to the area covered and new conditions to the existing Order pdf icon PDF 7 MB

Following consultation, this report seeks the agreement of Cabinet to endorse the variation of the Public Spaces Protection Order (PSPO) in Clacton town centre and its peripheral areas.  The implementation of the PSPO will include an extension of the area covered and the inclusion of three new conditions.

Decision:

RESOLVED that Cabinet –

 

(a)    notes the outcome of the public consultation to the proposed variation of the Public Spaces Protection Order for Clacton Town Centre, as presented within the report (A.10);

 

(b)    agrees that it is satisfied on reasonable grounds that the activity or behaviour covered by the proposed variation is carried out, or likely to be carried out, in a public space:

 

·      has had, or is likely to have, a detrimental effect on the quality of life of those in the locality;

·      is, or is likely to be, persistent or continuing in nature;

·      is, or is likely to be, unreasonable; and

·      justifies the restrictions imposed.

 

(c)   approves the variation to the areas covered by the current Town Centre Public Spaces Protection Order (as indicated within this report (A.10) and the map shown in Appendix C thereto) introducing the following additional conditions:

 

          i.       No person shall urinate, defecate, or spit within the public restricted area.

         ii.       No tent or other structures like a tree, wall, fence, pole, booth, or gate to be used anywhere within the restricted area shall be erected, unless prior authorisation is sought and agreed by the Council.

        iii.       All persons are prohibited from behaving in a way that causes or is likely to cause nuisance, harassment, alarm or distress to a member or members of the public.

 

Note: Those additional conditions would cover both the existing area of the Clacton town centre and the additional areas.

17.

Matters Referred to the Cabinet by a Committee - Reference from the Community Leadership Overview & Scrutiny Committee - A.11 - Scrutiny of School Age Education Provision pdf icon PDF 59 KB

To enable the Cabinet to consider the recommendations submitted to it by the Community Leadership Overview & Scrutiny Committee following that Committee’s consideration of the report from its Scrutiny of School Age Education Provision Task and Finish Group at its meeting held on 23 April 2024.

Additional documents:

Decision:

RESOLVED that the recommendations made by the Community Leadership Overview & Scrutiny Committee be noted and that the response of the Partnerships Portfolio Holder thereto be endorsed.

 

18.

Matters Referred to the Cabinet by a Committee - Reference from the Community Leadership Overview & Scrutiny Committee - A.12 - Scrutiny of Mainstream and Community Transport provision in the District pdf icon PDF 16 KB

To enable the Cabinet to consider the recommendations submitted to it by the Community Leadership Overview & Scrutiny Committee following that Committee’s consideration of the final report from its Scrutiny of Mainstream and Community Transport Provision Task and Finish Group at its meeting held on 23 April 2024.

Additional documents:

Decision:

RESOLVED that the recommendations made by the Community Leadership Overview & Scrutiny Committee be noted and that the response of the Economic Growth, Regeneration & Tourism Portfolio Holder thereto be endorsed.

19.

Matters Referred to the Cabinet by a Committee - Reference from the Community Leadership Overview & Scrutiny Committee - A.13 - Scrutiny of Improving Access to NHS Dentistry for Residents in Tendring pdf icon PDF 15 KB

To enable the Cabinet to consider the recommendations submitted to it by the Community Leadership Overview & Scrutiny Committee following that Committee’s scrutiny of improving access to NHS Dentistry for residents in Tendring at its meeting held on 23 April 2024.

Additional documents:

Decision:

RESOLVED that the recommendations made by the Community Leadership Overview & Scrutiny Committee be noted and that the response of the Partnerships Portfolio Holder thereto be endorsed.

20.

Management Team Items

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