Agenda, decisions and draft minutes

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

Apologies for absence were submitted on behalf of Councillors J D Bray (Leader of the Tendring Residents’ Alliance Group), I J Henderson (Deputy Leader of the Council & Portfolio Holder for Economic Growth, Regeneration & Tourism)and G V Guglielmi (Leader of the Conservative Group).

To confirm and sign the minutes of the last meeting of the Cabinet held on Tuesday 12 March 2024.

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

RESOLVED that the minutes of the meeting of the Cabinet, held on Tuesday 12 March 2024, 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.

Councillor Barry declared a Disclosable Pecuniary Interest under the category of Corporate Tenancies – Trustee of Charitable Incorporated Organisation, in relation to Agenda Item 9 (report of the Corporate Finance & Governance Portfolio Holder - A.2 – Financial Performance Report 2023/24 – General Update at the end of December 2023) and in respect of his position as a Trustee of the Brightlingsea Lido and given also that Brightlingsea Lido was mentioned within the body of the report, within the report’s appendices and within the report’s recommendations.

Later on in the meeting, as set out within Minute 116 below, and in relation to the same report mentioned above and the Brighlingsea Lido, Councillor Chapman declared an Other Registrable Interest insofar as she was also a Member of Brightlingsea Town Council.

Later on in the meeting, as set out within Minute 116 below, and in relation to the same report mentioned above and during the discussion of the North Essex Parking Partnership potential budget deficit, Councillors P B Honeywood and M E Stephenson each declared an Other Registrable Interest insofar as they were both also members of Essex County 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.

The Leisure and Public Realm Portfolio Holder (Councillor Barry) announced that a consultation had been launched into Tendring District Council’s draft Sports and Activity Strategy. The consultation would run until Sunday, 9 June 2024 and he urged Members and residents to have their say on the future of sports and leisure provision in Tendring.

The Leader of the Council reminded Cabinet that the draft Strategy had been submitted to the All Members’ Briefing on 17 April 2024 when it had been well-received.

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 invitation made to it by the Planning Policy & Local Plan Committee in relation to the Vision and Objectives for the review of the Local Plan.

RESOLVED that Cabinet –

(a)    does not wish to make any comments or amendments to the Vision and Objectives (Appendix 1) and confirms that they align with the Council’s corporate vision; and

(b)     approves the Vision and Objectives for the review of the Local Plan and that they be published, in due course, for public consultation purposes, as part of the ‘Issues and Options’ stage of the Local Plan review process.

It was reported that the Planning Policy and Local Plan Committee (“the Committee”), at its meeting held on 27 February 2024 (Minute 32 referred), had considered a detailed report of the Director (Planning) (A.1) which had sought its comments on, and approval for, an updated version of the Local Plan’s overarching Vision and Objectives for the purpose of the Local Plan review and associated public consultation.

The Committee’s decision at its meeting held on 27 February 2024 had been as follows:-

“RESOLVED that the Planning Policy and Local Plan Committee -

a)     notes the content of the Director (Planning)’s report (A.3);

b)    endorses the Local Plan Vision and Objectives and Officers’ suggested updates shown, with tracked changes, in Appendices 1 and 2 to report A.3;

c)    authorises the Director (Planning) to circulate to the members of the Committee for their further comments the proposed additions/alterations to the Vision and Objectives;

d)    authorises the Director (Planning), in consultation with the Chairman of the Committee, to approve the proposed additions/alterations to the Vision and Objectives having considered any comments submitted in accordance with resolution c) above;

e)    agrees for the updated Vision and Objectives, including any additional amendments/alterations approved in accordance with resolution d) above, to be included for public consultation in due course as part of the ‘Issues and Options’ stage of the Local Plan review process; and

f)     invites the Cabinet to comment on and amend, as necessary, the Vision and  Objectives as agreed under resolution e) above before they are published as part of the aforementioned Issues and Options consultation in order to ensure and confirm their alignment with the Council’s corporate vision.”

Cabinet had before it the Housing and Planning Portfolio Holder’s comments on this matter which were as follows:-

“Having attended the meeting of the Planning Policy and Local Plan Committee on 27 February 2024 and witnessed the debate, I am content that the proposed Vision and Objectives for the Local Plan, with the Committee’s focussed amendments, aligns broadly with the strategic direction of the Council and should proceed in to be incorporated into the forthcoming public consultation on Issues and Options. I note that the Committee has also recently been considering issues around the levels of housing and employment development that we might need to plan for through the review of the Local Plan as a consequence of extending its timeframe to 2041; along with a wide range of options for how any additional growth could be accommodated across different parts the district. Clearly, if the levels of development needed up to 2041 have to increase substantially in line with government requirements and a more radical approach to accommodating that growth is required, the Committee may have to consider further changes to the Vision and Objectives in due course to reflect any necessary change in approach. I thank the Planning Policy and Local Plan Committee for its hard work in progressing the review of the Local Plan to date – particularly given the challenging timescales involved  ...  view the full minutes text for item 114.

There are no items submitted 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.

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 December 2023 along with the latest financial update / forecast;

(b)     approves the proposed adjustments to the 2023/24 budget, as set out in Section 1 and 2 of Appendix H;

(c)     approves the proposed adjustments to the 2024/25 budget, as set out in Section 3 of Appendix H;

(d)     subject to b) and c) above, requests Officers to review any potential longer term / on-going impact of the items set out in Appendix H, as part of developing the forecast for further consideration by Cabinet later in the year;

(e)     requests an update on the two carry forward items set out in this report, that were previously requested by Cabinet at its 10 November 2023 meeting, for inclusion in the Outturn Report for 2023/24;

(f)      subject to (b) above, agrees an exemption from the Council’s Procurement Rules in order to enable BDO to be engaged to undertake the necessary audit work relating to the Housing Benefit Subsidy Certification process for 2021/22, 2022/23 and 2023/24 and approves their appointment;

(g)     notes the funding made available via the second round of Sport England’s Swimming Pool Support Fund and:-

(i)   accepts the funding of £0.136m awarded to the Council along with noting the terms of the associated grant agreement that requests the Council to operate the facility for a period of three years from the date of the agreement unless otherwise agreed by Sport England;

(ii)   agrees that the approval of the necessary governance arrangements be delegated to the Corporate Director (Place and Economy), in consultation with the Leader of the Council and the Council’s Monitoring Officer and Section 151 Officer, and that such arrangements aim to protect the Council as far as reasonably possible within the context of the responsibilities the Council may have in administering the grant funding along with any transfers of money to the independently operated Brightlingsea Lido;

(h)     subject to (c) above, agrees a delegation to the Corporate Director (Operations and Delivery), in consultation with the Portfolio Holder for the Environment to utilise the additional proposed budget of £0.100m to support the work associated with the options appraisal / tender activities for the Waste and Street Cleansing Contract;  

(i)      agrees a delegation to the Corporate Director (Place and Economy), in consultation with the Council’s Section 151 Officer, to determine the mix of funding (from the Council’s own approved contribution and the money made available by the Government) to support both the LUF Scheme in Clacton and the CRP Scheme in Dovercourt, within financial parameters previously agreed and until the next significant project milestones are reported to Cabinet; and  

(j)      invites the views of the Resources and Services Overview and Scrutiny Committee on the information set out in this report along with the Council’s wider financial position as part of its work programme for the year.

Earlier on in the meeting, as detailed under Minute 110 above, Councillor Barry had declared a Disclosable Pecuniary Interest in the subject matter of this item insofar as he was a Trustee of the Brightlingsea Lido and given also that Brightlingsea Lido was mentioned at several junctions within the Portfolio Holder’s report (including its recommendations to Cabinet). Councillor Barry therefore withdrew from the meeting and left the room whilst Cabinet deliberated this matter and reached its decision.

Also in relation to the Brighlingsea Lido, Councillor Chapman declared an Other Registrable Interest insofar as she was also a Member of Brightlingsea Town Council.

During the discussion of the North Essex Parking Partnership potential budget deficit, Councillors P B Honeywood and M E Stephenson each declared an Other Registrable Interest insofar as they were both also members of Essex County Council.

Cabinet considered a detailed report of the Corporate Finance & Governance Portfolio Holder (A.2), 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.

The report was split over two distinct sections as follows:

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

2)      A long term financial forecast update

As this report was presented later than in previous years, it had been felt timely to also focus on the estimated outturn position and not just the position at the end of Quarter 3, as well as looking ahead to a number of early changes to the budget in 2024/25. Section 1 of the report therefore reflected on those issues as well as their inclusion in Appendix H accordingly.

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

It was reported that the position to the end of December 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 £3.823m. This was primarily due to the timing of expenditure and income in addition to the items set out in Appendix H. 

Cabinet was informed that, as was the case at the end of Quarter 2, there were only a limited number of variances that had developed during the second half of the year, given the various adjustments already ‘built’ into the 2023/24 base budget along with the changes highlighted at the end of the first two quarters of the year. However, those additional issues that had emerged or developed further during the second half of the year were discussed in more detail within the Portfolio Holder’s report.

In respect of other areas of the budget such as the Housing Revenue Account, capital programme, collection performance and treasury activity, additional details were also set out later on in the Portfolio Holder’s report where necessary.

Members were reminded that any emerging issues would be monitored and updates provided in future reports, which would include their consideration as part of updating the  ...  view the full minutes text for item 116.

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

? Tenant Involvement Policy; and

? Anti-Social Behaviour Policy.

RESOLVED that Cabinet –

(a)   approves the adoption of the Tenant Involvement Policy and of the Anti-Social   Behaviour Policy;

(b)   authorises their direct implementation; and

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

Cabinet considered a report of the Housing and Planning Portfolio Holder (A.3), which sought its approval and formal adoption of the following housing policies:-

Ø  Tenant Involvement Policy

Ø  Anti-Social Behaviour Policy.

It was reported that these policies formalised the work that was already undertaken in the Housing and Environment service and built upon previously agreed and implemented policies.

Cabinet was informed that the purpose of the Tenant Involvement Policy was to set out the Council’s overall approach to tenant involvement and defined the vision and priorities for that engagement. It aimed to set out the direction for tenant involvement and supported the Council’s commitment to involving tenants in shaping and scrutinising services.

Members were made aware that the purpose of the Housing Anti-Social Behaviour Policy was to set out the Council’s approach to deterring and tackling anti-social behaviour (ASB) in the neighbourhoods where the Council provided social housing. It detailed how the Council would provide prompt and appropriate action in response to ASB and hate incidents, having regard to the full range of tools and legal powers available to the Council and by signposting victims and perpetrators to agencies who could give appropriate support and assistance.

Cabinet was advised that these policies met the requirements set out in the Regulator of Social Housing’s revised Consumer Standards that had come into effect from 1 April 2024.

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

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

RESOLVED that Cabinet –

(a)   approves the adoption of the Tenant Involvement Policy and of the Anti-Social   Behaviour Policy;

(b)   authorises their direct implementation; and

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

To highlight the spending that has occurred in 2023/24, and that further work will be required to determine any potential future allocation of grant funding.

To meet the recommendation in the report to Cabinet on 21 July 2023, in respect of Citizen’s Advice Tendring, which approved a review of grant funding across the Council and requested a report following the review be presented to Cabinet considering the options available during 2023/24 in readiness for the commencement of 2024/25.

RESOLVED that Cabinet –

(a)    notes the contents of this report  including the Allocation of Funding for 2023/24, as set out in Appendix 1 to the Portfolio Holder’s report (A.4);

(b)    authorises the Portfolio Holder for Partnerships to continue with the requested review in order to determine what priorities the Council could support through external funding  in the future;

(c)    agrees that such review will include engagement with Officers and the relevant Portfolio Holders, in order to understand existing schemes and determine proposals for the future, taking into account service provision, subsidy control implications, the Council’s financial position and delivering the Council’s Corporate Plan;

(d)    requires that, following completion of the review, a further report will be presented to Cabinet in readiness for the budget process for 2025/26; and

(e)   in light of the revised approach for the review, recommends to the Community Leadership Overview and Scrutiny Committee that its work on reviewing grant schemes operated by the Council ceases in order to prevent a duplication of Council resources on this subject.

Further to Minute 22 (21.7.23),Cabinet considered a report of the Partnerships Portfolio Holder (A.4), which highlighted the spending that had occurred in 2023/24, and that further work would be required to determine any potential future allocation of grant funding.

Cabinet was aware that this Council allocated a significant amount of funding across the voluntary and community sector, either from external provision, such as the Shared Prosperity Fund (government) or from internal resources, such as the Tendring Community Fund.

It was reported that, currently, funding was allocated individually by services following a broadly similar approach with application forms, criteria and assessment of applications. Any review of grant funding needed to consider what the Council was currently funding and then determine what priorities it wished to address going forward. This would require further work to be undertaken across the organisation to identify the gaps in provision and where support might be required to support delivery of the Council’s Corporate Plan.

This report therefore identified the 2023/24 funding provision and proposed recommendations in relation to the further work required going forward. Further to the review, a policy could be developed to support the governance around the allocation of grant funding.

In the light of the fact that considering funding already allocated would assist in determining the types of funding the Council might wish to provide in the future and that a further review which analysed any gaps in service provision across the organisation would also assist in understanding what funding the Council might wish to provide to meet the Corporate Plan:-

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

RESOLVED that Cabinet –

(a)    notes the contents of this report  including the Allocation of Funding for 2023/24, as set out in Appendix 1 to the Portfolio Holder’s report (A.4);

(b)    authorises the Portfolio Holder for Partnerships to continue with the requested review in order to determine what priorities the Council could support through external funding  in the future;

(c)    agrees that such review will include engagement with Officers and the relevant Portfolio Holders, in order to understand existing schemes and determine proposals for the future, taking into account service provision, subsidy control implications, the Council’s financial position and delivering the Council’s Corporate Plan;

(d)    requires that, following completion of the review, a further report will be presented to Cabinet in readiness for the budget process for 2025/26; and

(e)   in light of the revised approach for the review, recommends to the Community Leadership Overview and Scrutiny Committee that its work on reviewing grant schemes operated by the Council ceases in order to prevent a duplication of Council resources on this subject.

To provide Cabinet with an update on the work of Career Track, the Council’s Apprenticeship training provider.

To seek Cabinet’s approval to continue its support for Career Track and to acknowledge the outcome of the recent Ofsted visit.

RESOLVED that Cabinet -

1.      continues to support the Career Track function as a mechanism to contribute to the Council meeting its corporate priorities;

2.      acknowledges that the long term cost of providing a ‘subsidy’ will need to be considered as part of developing the long term financial forecast, but noting that the Career Track Service will continue to work towards reducing the overall subsidy required where possible, with a future report being presented to Cabinet on alternative solutions;

3.      notes the wider update about the Career Track Service including the OneFile eportfolio system;

4.      endorses and approves the appointment of the governors to the Governance Board; and

5.      welcomes the outcome of the Ofsted visit.

Cabinet considered a report of the Partnerships Portfolio Holder (A.5), which provided it with an update on the work of Career Track, the Council’s Apprenticeship training provider. The report also sought Cabinet’s approval to continue its support for Career Track and to acknowledge the outcome of the recent Ofsted visit.

It was reported that Career Track was registered with the Department for Education (DfE) and the Education and Skills Funding Agency (ESFA) as an Independent Training Provider and was subject to inspection from Ofsted. It was able to provide apprenticeships not only for this Council but also for any other employer. Many of Career Track’s clients were fellow local authorities or small businesses within Tendring, this had been the case since its founding in 1983.  In providing apprenticeships to local businesses and local authorities Career Track was operating within its existing capacity. The staffing establishment for Career Track was kept to the minimum possible for it to maintain approval with Ofsted and ESFA. No additional impacts occurred as a result of providing a service to other clients.

Members were informed that, as part of its commitment to providing work and learning opportunities for those who might otherwise struggle, Career Track had always been strongly supported by this Council.  It was seen as a key mechanism for young people across the District to work and have a career within Tendring.

Cabinet was reminded that Career Track did not operate to make a profit. It received funding via the ESFA to deliver apprenticeships however, this did not cover its full costs. The shortfall was predominately as a result of increased costs since 2017. There had been no change in the fees allowable as set by Government when the current apprenticeship system had been created seven years ago. 

Cabinet was made aware that the national downturn in the number of people taking up apprenticeships was reflected in Career Track facing an increased challenge with gaining the engagement of employers.  To assist with mitigating the revenue shortfall Career Track provided apprenticeships predominantly for other local authorities.  This created an additional revenue stream to further support the provision of the service. 

Members noted that, as had always been the case, there were a number of other apprenticeship providers within the area, the most notable of which were Colchester Institute and Adult Community Learning (ACL) which was part of Essex County Council. Nationally with increased regulation over recent years the overall number of independent training providers had reduced. Locally, for example Catten College, which had been trading for more than 30 years, had closed in 2019. However, with distance learning increasingly offered, the total variety of options had increased as some providers now offerred apprenticeship training throughout the country. 

In order to enable other local authorities to meet their organisational apprenticeship procurement requirements it was becoming clear that there was a need to review the current operating model for Career Track.  The Council would need to review those terms and conditions, responsibilities and obligations  ...  view the full minutes text for item 119.

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

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

The Chief Executive (Ian Davidson) took the opportunity to remind the meeting that the statutory rules regarding the ways in which postal voters could return their ballot paper envelopes to the Returning Officer had changed. Postal Voters were no longer allowed to return their postal vote via the Town Hall’s letterbox. Postal Voters could still hand them in at the Town Hall Reception or at a polling station, however they would need to complete a form to do so. Otherwise, Postal Voters would need to return their ballot paper via Royal Mail.

Councillor Scott suggested that a press release be issued to draw attention to this change. Ian Davidson responded that an explanatory note had been included within the Postal Voters’ ballot paper mailing pack and that information on this change would be included as part of the Council’s regular election publicity.

The Leader of the Council also reminded the meeting that today was “Find It FrIDay” when voters were being encouraged to check that they had the right photo ID if they were planning to vote in polling stations for the Police, Fire and Crime Commissioner election on 2 May 2024.