Agenda, decisions and minutes

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

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

Items
No. Item

111.

Apologies for Absence

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

 

Minutes:

Apologies for absence were submitted on behalf of Councillors I J Henderson (Leader of the Labour Group) and C P Winfield (Leader of the Holland-on-Sea Group).

112.

Minutes of the Last Meeting pdf icon PDF 398 KB

Minutes:

It was RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 27 January 2023, be approved as a correct record and be signed by the Chairman.

113.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

Councillor Baker declared a Personal Interest in relation to Agenda Item 6 (Green Space Development Petition) insofar as he knew the petitioner.

 

Later on in the meeting, as mentioned under Minutes 118 and 119 below, and in relation to Agenda Items 10 and 16 (both related to the Council’s emerging Beach Hut Strategy):-

 

Councillor Allen declared a Personal Interest in that he was the Mayor of Frinton and Walton Town Council and that the Town Council owned two beach huts that it rented out exclusively to residents residing within the Parish.

 

Councillor Chapman BEM declared a Personal Interest insofar as her family held a licence for a beach hut in Brightlingsea.

114.

Announcements by the Leader of the Council

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

Minutes:

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

115.

Announcements by Cabinet Members

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

Minutes:

There were no announcements by Cabinet Members on this occasion.

116.

Matters Referred to the Cabinet by the Council - A.1 - Petition: Green Space Development pdf icon PDF 62 KB

To formally report the receipt of a petition submitted in relation to the potential sale or development of a number of areas of land in the District of Tendring.

Decision:

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

Minutes:

Earlier on in the meeting, as reported under Minute 113 above,Councillor Baker had declared a Personal Interest in relation to this matter insofar as he knew the petitioner.

 

Members were reminded that an e-petition had been submitted by Caroline Saye, as lead petitioner, on 15 November 2022. That petition had been signed by 432 persons and stated:-

 

“We the undersigned petition the council to take no further action in respect of exploring the potential for development /disposal for each of the 69 proposed areas of land reported to Cabinet on 15 July 2022 until such time as a public meeting or meetings have been held to provide all residents with the ability to express their views.”

 

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

 

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 24 January 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.

 

Having discussed the petition it would be for Cabinet to decide what action, if any, would be taken.

 

Cabinet was made aware of the Assistant Director (Building and Public Realm)’s assessment and advice as follows:-

 

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

 

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

 

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

 

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

 

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

 

On 4 November 2022 Cabinet considered a report outlining the Council’s financial outlook including a number of housing and property investment requirements that could not be funded.

 

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

 

Section 123 of the Local Government Act 1972 provides that any proposal for disposal of open space must be advertised in the local press and representations taken into account. Any planning application will necessitate statutory and neighbour consultation and due consideration to any responses. Both  ...  view the full minutes text for item 116.

117.

Matters Referred to the Cabinet by the Council - A.2 - Petition: Re-instatement of Toilets on Middle Promenade, below Connaught Gardens East, Clacton-on-Sea pdf icon PDF 56 KB

To formally report the receipt of a petition submitted requesting the reinstatement of toilets on Middle Promenade, below Connaught Gardens East, Clacton-on-Sea.

Decision:

RESOLVED that Cabinet notes the petition, thanks the petitioner but that no action be taken at this present time to comply with the request as it is not possible to commit the Council to the construction of new public toilet facilities. However, Cabinet supports the suggestion that a review of this request could be carried out at a future juncture once the approach to the Council’s financial position can be brought into a clearer focus.

Minutes:

Cabinet was reminded that an e-petition had been submitted by Colin Underwood, as lead petitioner, on 18 November 2022. That petition had been signed by 41 persons and stated:-

 

“We the undersigned petition the council to re-instate public toilets in the vicinity of the demolished toilets on the middle promenade below Connaught Gardens East”.

 

Asset management (including the provision of public conveniences) was an executive function and therefore the Cabinet was the appropriate body to consider this matter.

 

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 24 January 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.

 

Having discussed the petition it would be for Cabinet to decide what action, if any, would be taken.

 

Cabinet was made aware of the Assistant Director (Building and Public Realm)’s assessment and advice as follows:-

 

“The former public conveniences at this location were closed and demolished around twenty years ago in the light of structural issues and low usage. The East Clacton and Holland-on-Sea seafront remains served by five public conveniences. Around 700m to the West of the proposed location Public Conveniences opposite St Albans Road and around 500m to the East of the location Public Conveniences at Lyndhurst Road remain operational.

 

The success of the Holland-on-Sea beach recharging has led to increased visitor numbers in the area. And there is a case for increased provision of facilities to match that.

 

On 4 November 2022 Cabinet considered a report outlining the Council’s financial outlook including a number of housing and property investment requirements that could not be funded. It is likely that looking forward it will be increasingly necessary to practice asset management in order to deliver property and other obligations and aspirations.

 

The construction of a significant new public convenience on a shoreline site is likely to be substantially costly and may be hard to prioritise against other investment needs in the prevailing financial landscape.

 

The Council’s Public Conveniences Strategy was adopted in 2017 with a direction of reducing the number of conveniences in order to focus resources on the most necessary locations. The strategy does not envisage the creation of new public conveniences in Holland on Sea It would be most appropriate to consider any proposals for increased or reprioritised facilities within the context of a review of that strategy.”

 

Cabinet also had before it the following comment submitted by the Portfolio Holder:-

 

“Although I note, and welcome, the increased visitor usage of the excellent new beaches at Holland on Sea. The Council is in an increasingly worrying financial position and a desire to increase facilities and services, as desirable as that is, cannot sit comfortably among the tough choices that lie ahead.

 

Reconsidering lavatory provision throughout the towns and coast of the District  ...  view the full minutes text for item 117.

118.

Matters Referred to the Cabinet by a Committee - Reference from the Resources and Services Overview & Scrutiny Committee - A.5 - Scrutiny of the Council's proposals to review the Beach Hut Strategy pdf icon PDF 119 KB

To enable the Cabinet to consider the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following the scrutiny of the Council’s Beach Hut Strategy by the Task and Finish Working Group on Beach Huts.

Additional documents:

Decision:

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be noted and that it be further noted that the response of the Leisure and Tourism Portfolio Holder thereto will be considered as part of the Cabinet’s deliberations on the related report of the Leisure and Tourism Portfolio Holder (A.10), which will be considered later on in the meeting.

Minutes:

Councillor Allen declared a Personal Interest in that he was the Mayor of Frinton and Walton Town Council and that the Town Council owned two beach huts that it rented out exclusively to residents residing within the Parish.

 

Councillor Chapman BEM declared a Personal Interest insofar as her family held a licence for a beach hut in Brightlingsea.

 

Cabinet considered the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following that Committee’s scrutiny of the Beach Huts Task & Finish Working Group’s report on its review of the Council’s proposals to renew the beach hut strategy at its meeting held on 1 February 2023.

 

That Committee had recommended -

 

“That Cabinet takes into account, prior to its consideration of the draft Beach Hut Strategy, that -

 

a)  the Committee recommends that future charges for lease agreements are set at a fair and reasonable level.  This is relevant for both commercial and mainstream leases.  This should also be appropriate for any new Beach Huts made available for purchase or lease in the future;

 

b)  it is recommended that terms and conditions included in lease agreements are fair and equitable and in consultation with Beach Hut owners;

 

c)  the Committee recommends that appropriate resources are put in place for administration involved in implementing the strategy.  That consideration be given to the subsequent cost to the Council of processing leases and that subsequent costs are reported back to the Committee;

 

d)  the Committee recommends that bright colours and vibrant designs be included in the revised design specification for Beach Huts, when this is produced following adoption; 

 

e)  the Committee recommends that there is acknowledgement of the differences in seafront locations along the Tendring District and their respective unique features, such as cliff slopes and how they impact Beach Hut design for the emerging specification review;

 

f)   noting the point above, it is recommended that certain limited Beach Hut adaptations in parts of the District be included in the future specification for reasons of access, e.g. appropriate access steps on cliff slopes.  This should be considered on a location-by-location basis;

 

g)  it is recommended that a map be attached to the emerging strategy to clearly define which land is owned by Tendring District Council; 

 

h)  it is recommended that no Beach Hut designs should be permitted that are contrary to current or future legislation;

 

i)   to ensure high standards are maintained on Beach Huts and their use, it is recommended that adequate resources should be in place for appropriate enforcement action;

 

j)   the Committee recommends that a reasonable timescale for adaptations to be removed which fall outside of the revised specification, is agreed.  The timescale recommended is a period up to two years;

 

k)  the Committee recommends that the Council continues to support those without access or ability to use digital platforms so that they are still able to deal with a member of staff.  As such, sufficient resources should remain in place; and

 

l)   the new Beach Hut  ...  view the full minutes text for item 118.

119.

Cabinet Members' Items - Report of the Leisure & Tourism Portfolio Holder - A.10 - Tendring Beach Hut Strategy Revisited - Following Consultation pdf icon PDF 235 KB

To present a draft Beach Hut Strategy for adoption following stakeholder consultation; and

 

To agree the implementation of the subsequent work strands.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    notes the outcome of the public consultation undertaken on the draft Beach Hut Strategy, as set out in the Portfolio Holder’s report;

 

(b)    notes the outcome of the Task and Finish Review Working Group undertaken on behalf of the Resources and Services Overview and Scrutiny Committee and their recommendations received as considered earlier in the meeting;

 

(c)    in relation to (a) and (b) above, notes the changes made to the draft strategy as a result of the consultation exercise, including the process for issuing commercial beach hut leases (following the first round of consultation) and the consideration of a ‘buffer period’ in restricting future agreements to one per household;

 

(d)    notes the proposed changes to the revised draft Beach Hut Strategy, and approves the same for adoption;

 

(e)    delegates the approval of a revised Beach Hut design specification to the Assistant Director (Building & Public Realm), in consultation with the Portfolio Holder for Leisure and Tourism;

 

(f)     agrees the Heads of Terms for a new commercial lease (Appendix C) and delegates authorisation for the final lease agreement to the Corporate Director (Operations & Delivery), in consultation with the Portfolio Holder for Leisure and Tourism and the Head of Legal Services;

 

(g)    delegates agreement of an approved criteria, upon which applications for commercial licences can be made, to the Assistant Director (Building & Public Realm), in consultation with the Portfolio Holder for Leisure and Tourism;

 

(h)    agrees to set fees and charges for commercial leases at twice the value (double) of the comparative standard annual charge;

 

(i)     agrees to the overall principle of changing from licence agreements to leases from 1 April 2024, for a term of less than 7 years and based on the market valuation for the relevant location, recognising the increased administration and costs to all parties on leases for longer than 7 years with the respective fees and charges and detailed lease terms to be agreed by the Portfolio Holder for Leisure and Tourism; and

 

(j)     agrees that operational implementation of (i) above will be authorised by the Corporate Director (Operations and Delivery), in consultation with the Portfolio Holder for Leisure and Tourism and the Head of Legal Services, reflecting the resources required.

Minutes:

Councillor Allen declared a Personal Interest in that he was the Mayor of Frinton and Walton Town Council and that the Town Council owned two beach huts that it rented out exclusively to residents residing within the Parish.

 

Councillor Chapman BEM declared a Personal Interest insofar as her family held a licence for a beach hut in Brightlingsea.

 

Cabinet considered a report of the Leisure and Tourism Portfolio Holder (A.10), which sought its approval for the adoption of the Beach Hut Strategy following stakeholder consultation and for the implementation of the subsequent work strands.

 

Members recalled that the Council had adopted the current Beach Hut Strategy in 2013.  This revision of the existing strategy aimed to update a number of issues relating to beach huts, to ensure beach hut conditions were adhered to, and appropriate resources were considered to monitor the service.

 

Following a ‘pre consultation’ process which had engaged 2,673 stakeholders, Cabinet had considered a draft revised Beach Hut Strategy in November 2022 and had then instructed Officers to carry out a further consultation exercise, to allow stakeholder comments on the proposals.

 

It was reported that the proposals set out in the draft strategy were aimed at improving the beach hut service going forward, in terms of improvements to seafront aesthetics, ensuring a regulated service for rentals and improved governance.  The key strands which had been the subject of the public consultation were as follows:-

 

·      Implementing Commercial Agreements for those wishing to rent

·      Limiting Beach Hut Agreements to one per household

·      A review of the Beach Hut design specification

·      Addressing Beach Hut Adaptations

·      Resourcing additional enforcement

·      A move towards a digitalised service

·      Building new beach huts

·      A move from licence agreements to leases

 

Cabinet was informed that the consultation had been completed by 1507 stakeholders and that their views and comments had been taken into consideration in the production of this final draft. Key points for Cabinet’s consideration arising from the consultation were as follows:

 

·      The majority of consultees either strongly disagreed or disagreed with the proposal to implement commercial agreements for those wishing to rent.  Following an evaluation of the comments received, those responses could be divided into two sections:-

 

 i.    Those who were concerned about the number of users renting huts were excessive and led to disturbance; and

ii.   Those who felt they should be able to rent under the existing agreements.

 

·      The majority of consultees either strongly disagreed or disagreed with the proposal to limit beach hut agreements to one per household.  It was noted however, that of Tendring residents completing the consultation, a majority were actually in favour of this action.

 

·      The majority of consultees either strongly disagreed or disagreed with the proposal to move from licences to leases.  After evaluating the comments received, it was clear that a large proportion of the consultees and their respective Beach Hut Associations, felt they could not agree to this proposal, without knowledge of the price increase and what the proposed agreements would entail.  The Cabinet  ...  view the full minutes text for item 119.

120.

Matters Referred to the Cabinet by a Committee - Reference from the Planning Policy & Local Plan Committee - A.3 - Conservation Area Character Appraisal and Management Plan for Brightlingsea Hall & All Saints Church pdf icon PDF 19 KB

To enable the Cabinet to consider the recommendations made to it by the Planning Policy & Local Plan Committee in relation to the Brightlingsea Hall and All Saints Church Conservation Area Appraisal and Management Plan that had been prepared for the Council by Essex Place Services.

Additional documents:

Decision:

RESOLVED that the new Conservation Area Appraisal and Management Plan for Brightlingsea Hall & All Saints Church, Brightlingsea be approved for consultation with the public and other interested parties.

Minutes:

Cabinet was informed that the Planning Policy & Local Plan Committee (“the Committee”), at its meeting held on 23 January 2023 (Minute 32 referred), had considered a comprehensive report (and appendix) of the Director (Planning) which had reported to it the Brightlingsea Hall and All Saints Church Conservation Area Appraisal and Management Plan that had been prepared for the Council by Essex Place Services. That report had also sought the Committee’s recommendation to Cabinet that they be approved for public consultation purposes.

 

The Committee’s decision at its meeting held on 23 January 2023 had been as follows:-

 

“RESOLVED that the Planning Policy and Local Plan Committee:

 

a)     endorses the new Conservation Area Appraisal and Management Plan for Brightlingsea Hall and All Saints Church (Appendix 1 to item A.4 of the Report of the Director (Planning));

 

b)     recommends to Cabinet that the above document be published for consultation with the public and other interested parties; and

 

c)      notes that Conservation Area Appraisal and Management Plans for the District’s remaining Conservation Areas will be brought before the Committee in due course and before the new financial year.”

 

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

 

“I thank the Planning Policy and Local Plan Committee for its consideration of this latest Conservation Area Character Appraisal and Management Plan and I sincerely welcome, once again, its recommendation to Cabinet that this 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.”

 

Having duly considered the recommendation submitted to it by the Planning Policy & Local Plan Committee:-

 

It was moved by Councillor Bray, seconded by Councillor McWilliams and:-

 

RESOLVED that the new Conservation Area Appraisal and Management Plan for Brightlingsea Hall & All Saints Church, Brightlingsea be approved for consultation with the public and other interested parties.

121.

Matters Referred to the Cabinet by a Committee - Reference from the Planning Policy & Local Plan Committee - A.4 - Jaywick Sands Design Guide Supplementary Planning Document pdf icon PDF 21 KB

To enable the Cabinet to consider the recommendations made to it by the Planning Policy & Local Plan Committee in relation to the Jaywick Sands Design Guide Supplementary Planning Document.

Additional documents:

Decision:

RESOLVED that –

 

(a)    the Jaywick Sands Design Guide Supplementary Planning Document (SPD) (Appendix 1) be formally adopted, subject to the fourth bullet point of guidance “2A: Landscape character and visual impact” being amended to read as follows:-

 

“Visual separation between Tudor Estate and Village/Brooklands & Gardens must be maintained.”

 

(b)    the Director (Planning) be authorised to make any necessary minor, or consequential, amendments to the SPD before the final adopted version is published.

 

Minutes:

Cabinet was informed that the Planning Policy & Local Plan Committee (“the Committee”), at its meeting held on 23 January 2023 (Minute 31 referred), had considered a comprehensive report (and appendices) of the Director (Planning) which had reported to it the Jaywick Sands Design Guide Supplementary Planning Document (SPD). That report had also sought the Committee’s recommendation to Cabinet that the SPD be formally adopted.

 

The Committee’s decision at its meeting held on 23 January 2023 had been as follows:-

 

“RESOLVED that the Planning Policy and Local Plan Committee –

 

a)     endorses the Jaywick Sands Design Guide Supplementary Planning Document (SPD) with the Officers’ recommended alterations; and

 

b)     recommends to Cabinet that the SPD (forming Appendix 1 to item A.3 of the Report of the Director (Planning)) be adopted, subject to the fourth bullet point of guidance “2A: Landscape character and visual impact” being amended to read as follows:-

 

“Visual separation between Tudor Estate and Village/Brooklands & Gardens should must be maintained.”

 

c)      further recommends to Cabinet that the Director (Planning) be authorised to make any necessary minor, or consequential, amendments to the SPD before the final adopted version is published.”

 

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

 

“I thank the Planning Policy and Local Plan Committee for its consideration and constructive comments on the Jaywick Sands Design Guide which has progressed through the mandatory planning process of public consultation and can now be formally adopted as a Supplementary Planning Document. For many years property owners, developers and our Planning Officers have needed to grapple with the dilemma of trying to work out what form of development might help to regenerate the area and improve the lives of residents whilst addressing flood risk and safety concerns and achieving an appropriate form of development that avoids overlooking and other design problems. This guidance will supplement our Local Plan and provide a helpful and practical template for how to redevelop existing properties and vacant plots, either on a one-for-on-basis or across a number of plots.”

 

Having duly considered the recommendations submitted to it by the Planning Policy & Local Plan Committee:-

 

It was moved by Councillor Bray, seconded by Councillor McWilliams and:-

 

RESOLVED that –

 

(a)    the Jaywick Sands Design Guide Supplementary Planning Document (SPD) (Appendix 1) be formally adopted, subject to the fourth bullet point of guidance “2A: Landscape character and visual impact” being amended to read as follows:-

 

“Visual separation between Tudor Estate and Village/Brooklands & Gardens must be maintained.”

 

(b)    the Director (Planning) be authorised to make any necessary minor, or consequential, amendments to the SPD before the final adopted version is published.

 

122.

Matters Referred to the Cabinet by a Committee - Reference from the Resources and Services Overview & Scrutiny Committee - A.6 - Scrutiny of Cyber Security for the Council pdf icon PDF 86 KB

To enable the Cabinet to consider the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following the scrutiny of the Council’s cyber security by the Task and Finish Working Group on Cyber Security.

Additional documents:

Decision:

RESOLVED that –

 

a)     the Resources and Services Overview and Scrutiny Committee be thanked for the work they have undertaken and specifically the Members who participated in the associated task and finish group, chaired by Councillor Clifton;

 

b)     the Committee’s recommendations a) to g) are agreed and Officers be requested to undertake the associated activities as soon as practicable in 2023/24 in consultation with the Portfolio Holder for Corporate Finance and Governance;

 

c)      in respect of the Committee’s recommendations h) to i), it is recommended to Full Council that:

 

i)       although it is recognised that the provision of mobile phones would provide a practical solution to enable Members to access their Tendring email accounts, Officers be requested to also explore the alternative option of a Members ‘portal’ before a final decision can be considered;

 

ii)      subject to ci) above, a further report be presented to Cabinet as early as practicable in 2023/24 that sets out the outcome from the proposed review of the Members’ portal’ option and recommendations are presented back to a future meeting of Full Council;

 

iii)     subject to ci) and cii) above, Full Council continues to acknowledge that the ongoing risk to the Council, in acting as Data Controller, could potentially be in breach of the Data Protection Act 2018 remains, whilst the auto-forwarding of Councillor emails practice continues; and

 

(iv)  whilst the work in ci) and cii) is ongoing, all Members elected in May 2023 are advised of this and the Council’s Information Governance requirements through their induction programme.

Minutes:

Cabinet considered the recommendations submitted to it by the Resources and Services Overview & Scrutiny Committee following that Committee’s scrutiny of the Cyber Security Task and Finish Working Group’s report on its review of the cyber security risks, defences and mitigations the Council had in place, at its meeting held on 1 February 2023.

 

That Committee had recommended –

 

“That Cabinet –

 

a)    requests, that as soon as is possible, the Human Resources and Council Tax Committee with appropriate officers looks at the salaries being offered for the advertised and unfilled senior IT posts, including cyber security senior technical positions;

 

b)    endorses that by 31 March 2023 a Portfolio Holder Cyber Security Working Group be established to periodically review the Council’s cyber security performance against the Cyber Assessment Framework (CAF) and/or emerging mandatory security improvements and requirements;

 

c)    requests that by 31 July 2023 the Council’s Information Retention Policy be reviewed/ revised with due regard to UK Data Protection Act 2018 data ‘minimisation’ ‘accuracy’ and ‘storage limitation’ and applied throughout the organisation;

 

d)    requests that by 31 May 2023 individual (non-generic) account access technologies be costed for accessing TDC terminals in locations such as leisure centres where numerous users sharing a terminal due to a retail environment operational need; 

 

e)    requests that, commencing no later than May 2023 following the election of the new Council, Cyber Security and Information Governance training for all Members after every election and for staff in their inductions be introduced with periodic refresher training for both which will be made mandatory;

 

f)     requests the Council’s Monitoring Officer to review existing Member guidance and explore Member training opportunities as to what constitutes party political activities in the context of using a TDC email account;

 

g)    endorses that as soon as possible the new Cyber Incident Response Plan (CIRP) be adopted.

 

That Cabinet recommends to Full Council that –

 

h)    post-May 2023 local elections under the newly elected Council that Members’ practice of auto-forwarding of emails be ceased;

 

i)     subject to the associated funding of £8,000 being identified, that the preferred Option 2 i.e. the provision of a standard council-managed mobile Smartphone in addition to a council-managed laptop be provided to those Members that want one to access emails and to be contactable when mobile; or

 

j)     as an alternative to i above, that should it not prove possible to fund the Smartphone costs centrally, then each Member requesting a standard council-managed mobile Smartphone be asked to fund the cost from their Allowances (circa two hundred pounds per annum).”

 

Cabinet had before it the following comments submitted by the Portfolio Holder for Corporate Finance & Governance:-

 

“I would like to thank the Committee for the work it has undertaken in setting up the task and finish group chaired by Councillor Clifton, who looked at the various aspects and complexities of cyber security in a relatively short period of time.

 

In respect of the recommendations a) to g), they reflect a pragmatic and reasonable approach to supporting the Council’s cyber  ...  view the full minutes text for item 122.

123.

Leader of the Council's Items

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

Minutes:

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

124.

Cabinet Members' Items - Report of the Business & Economic Growth Portfolio Holder - A.7 - Operational considerations for the Sunspot (Jaywick Sands Covered Market and Managed Workspace) pdf icon PDF 305 KB

To agree that the operational management of the Sunspot is no longer outsourced longer term to a third party but delivered by the Council in-house.

 

To advise Cabinet that the project’s external partners will provide on a short term, interim advice and support to the Council for a fee and for Cabinet to receive an update on progress with the construction phase (Jaywick Sands Covered Market and Managed Workspace).

Additional documents:

Decision:

RESOLVED that Cabinet:

 

a)     approves that the operational management of the Sunspot (Jaywick Workspace) is now not outsourced, longer term to a third party but delivered by the Council in-house;

 

b)     approves reliance on the previous exemption to the Council’s Procurement Procedure Rules to proceed with a contract with Colbea together with HAT projects to provide interim management and operational support to the Council for a period of 7 months;

 

c)      delegates authority to the Corporate Director (Place & Economy), in consultation with the Portfolio Holders for Housing and Business and Economic Growth, to agree the final terms of the contract;

 

d)     approves an allocation of an additional £80,000 to the year one operational budget and in year 2 an additional £40,000 that is to be met from a corresponding reduction in the current revenue contribution to the HRA Capital Programme in 2022/23.

 

e)     agrees that the operation of the in-house management of the Sunspot be accounted for in the General Fund, with corresponding recharges made to the HRA, as appropriate and all related property transactions including management, maintenance and rental payments being accounted for in the HRA; and

 

(f)    authorises the Council’s Section 151 Officer to undertake the necessary changes to the budget to reflect the approach set out in (e) above within the financial parameters set out within the Portfolio Holder’s report and its appendices.

Minutes:

Cabinet considered a report of the Business & Economic Growth Portfolio Holder (A.7) which:-

 

(i)     sought its agreement that the operational management of the Sunspot was no longer outsourced longer term to a third party but delivered by the Council in-house;

 

(ii)    advises it that the project’s external partners would provide on a short term, interim advice and support to the Council for a fee; and

 

(iii)   updated it on progress with the construction phase (Jaywick Sands Covered Market and Managed Workspace).

 

Cabinet recalled that, their meeting held in May 2021, it had approved the development of a Covered Market and Managed Workspace facility at Jaywick Sands. Cabinet had subsequently determined in October 2021 to outsource management of the building, with a direct award to the Colchester Business Enterprise Agency (Colbea) by means of a service contract and licence with a value of £90,000 in year one. However, after a change of management at Colbea, the organisation had subsequently informed the Council that they were no longer in a position to take on the licence agreement, which might have been driven by the financial risk associated with the building.  Those risks would therefore remain with this Council. Colbea did however remain content to enter into a service contract for a period of 7 months. In order to increase their capacity to deliver at pace however, Colbea would partner with HAT projects for additional support.  Colbea had also offered a further service once the 7 months activation period had ended, which would consist of drawing on their specialist expertise in this area to manage staff within the building, until such a time as Council staff were fully trained and self-sufficient.

 

Members were advised that, as a result of this change in position, it was recommended by the Portfolio Holder to bring the operation of the building in house, to be run by staff directly employed by the Council. Colbea currently held the contract to provide the Council’s Business Support Service and were committed to provide the support needed to any future tenants in the Sunspot.

 

It was reported that the activities associated with this in-house approach would be undertaken within the General Fund, with the costs charged to the HRA via existing internal processes.  Direct property related transactions such as maintenance and rental income would be accounted for within the Council’s HRA.  Based on this approach, the financial risks associated with bringing the operation of the building in-house would fall to the HRA. The shorter to medium term impact was set out within the Portfolio Holder’s report and in the longer term the operation and management of the units would be considered as part of the HRA Business Plan.

 

It was considered that there were three key options available to refocus Colbea’s service contract:-

 

a.      In-house only: Council staff activate and run the building: £80,000 net

b.      Outsource activation of the centre from February 2023: Colbea contracted to develop policies, procedures, training and market the building ahead of opening in the  ...  view the full minutes text for item 124.

125.

Cabinet Members' Items - Report of the Corporate Finance and Governance Portfolio Holder - A.8 - Proposed Amendments to the Council's Constitution (Council Procedure Rules) pdf icon PDF 111 KB

To approve the recommended changes to the Constitution (Council Procedure Rules) for referral onto Full Council following a further review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for this purpose.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

(a)    RECOMMENDS TO COUNCIL that the Council’s Constitution be amended to reflect the proposed changes as set out in the Appendix attached hereto this report;

 

(b)    further RECOMMENDS TO COUNCIL that the implementation of the new Council Procedure Rule 12 be reviewed after six months’ operation;

 

(c)    supports the proposal that the Planning Committee continues its current practice of undertaking a site visit in respect of all planning applications that are submitted to it for its consideration and requests Full Council to do likewise;

 

(d)    requests the Monitoring Officer to amend the Council’s procedure for Planning Committee Site Visits, as set out in the Members’ Planning Code and Protocol (in Part 6 of the Constitution) to appropriately reflect the matters raised by the Review of the Constitution Portfolio Holder Working Party; and

 

(e)    further requests the Monitoring Officer to submit the Site Visit Procedure, as amended, to Full Council for its approval and adoption, following consultation, as appropriate and necessary, with the Planning Committee and the Standards Committee.

 

Minutes:

Cabinet considered a report of the Corporate Finance & Governance Portfolio Holder (A.8), which requested it to approve the recommended changes to the Constitution (Council Procedure Rules) for referral onto Full Council following a further review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for that purpose.

 

It was reported that the proposals covered a number of amendments to the Council Procedure Rules 11, 12 and 14, in order to ensure the Council’s Constitution remains effective, efficient and consistent at an operational level.  The key changes to each of those Rules were highlighted within the body of the Portfolio Holder’s report.

 

Cabinet recalled that, at its meeting held on 16 December 2022 (Minute 83 referred), it had considered the outcome of the annual review of the Council’s Constitution that had been undertaken by the Review of the Constitution Portfolio Holder Working Party. At that meeting Cabinet had deferred consideration of the proposed changes to Council Procedure Rules (CPR) 12 and 14 pending their re-consideration by the Review of the Constitution Portfolio Holder Working Party (CRWP).

 

Accordingly, the CRWP had met on 23 January 2023 to further discuss those proposed changes to CPRs 12 and 14. In addition, the CRWP had considered, at the request of Councillor Baker, a matter pertaining to CPR11.2 as well as the outcome of the recent consultation exercise with Members on the procedure for the Planning Committee’s site visits.

 

With the permission of the Leader of the Council, Councillor Baker addressed the Cabinet in relation to the issue of Planning Committee Site Visits.

 

Having considered the outcome of the further review of the Constitution carried out by the Review of the Constitution Portfolio Holder Working Party and the Portfolio Holder’s recommendations arising therefrom, and in order to enable those recommendations to be submitted to the Full Council for approval and adoption:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor Stock OBE and:-

 

RESOLVED that Cabinet –

 

(a)    RECOMMENDS TO COUNCIL that the Council’s Constitution be amended to reflect the proposed changes as set out in the Appendix attached hereto this report;

 

(b)    further RECOMMENDS TO COUNCIL that the implementation of the new Council Procedure Rule 12 be reviewed after six months’ operation;

 

(c)    supports the proposal that the Planning Committee continues its current practice of undertaking a site visit in respect of all planning applications that are submitted to it for its consideration and requests Full Council to do likewise;

 

(d)    requests the Monitoring Officer to amend the Council’s procedure for Planning Committee Site Visits, as set out in the Members’ Planning Code and Protocol (in Part 6 of the Constitution) to appropriately reflect the matters raised by the Review of the Constitution Portfolio Holder Working Party; and

 

(e)    further requests the Monitoring Officer to submit the Site Visit Procedure, as amended, to Full Council for its approval and adoption, following consultation, as appropriate and necessary, with the Planning Committee and the Standards Committee.

 

126.

Cabinet Members' Items - Report of the Corporate Finance and Governance Portfolio Holder - A.9 - Annual Capital and Treasury Strategy for 2023/24 (including Prudential and Treasury Indicators) pdf icon PDF 150 KB

To agree the Annual Capital and Treasury Strategy for 2023/24 (including Prudential and Treasury Indicators) for submission to Council on 2 March 2023.

Additional documents:

Decision:

RESOLVED that Cabinet –

 

a)     agrees the Annual Capital and Treasury Strategy for 2023/24 (including Prudential And Treasury Indicators) and that it be submitted to Council for approval; and

 

b)     undertakes the necessary consultation with the Resources and Services Overview and Scrutiny Committee as early as practicable in 2023/24.

Minutes:

Cabinet considered a report of the Corporate Finance & Governance Portfolio Holder (A.9), which sought its approval of the Annual Capital and Treasury Strategy for 2023/24 (including Prudential And Treasury Indicators) for submission to Council on 2 March 2023.

 

Members were reminded that the Local Government Act 2003 and supporting regulations required the Council to set out its treasury strategy for borrowing, and to prepare an Annual Investment Strategy (as required by Investment Guidance subsequent to the Act) that set out the Council’s policies for managing its investments and for giving priority to the security and liquidity of those investments, “having regard” to the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Prudential Code and the CIPFA Treasury Management Code of Practice. Revised editions of both documents had been issued in December 2021, which would come into force in 2023/24.

 

It was reported that the Capital Strategy continued to be combined with the Treasury Strategy into one document, which was required to be updated / approved annually. The proposed Annual Capital and Treasury Strategy for 2023/24 was set out in Appendix A to the Portfolio Holder’s report and it reflected the various changes set out in the latest Codes mentioned above.

 

Cabinet was made aware that the Capital Strategy element of the combined document covered the various elements surrounding capital investment decisions and the key criteria that investment decisions should be considered against.

 

Members were also informed that the Treasury Strategy element of the combined document covered the various elements that satisfied the requirements of the various codes that governed the borrowing and investment activities of the Council and had been prepared in the light of advice received from the Council’s Treasury advisors and it reflected the latest codes and guidance.

 

Cabinet noted that the Prudential and Treasury indicators were included as an Annexe to the combined strategy and were therefore included within the aforementioned Appendix A.

 

Members were advised that, under the Prudential Code, the Council had freedom over capital expenditure as long as it was prudent, affordable and sustainable. The Prudential Indicators either measured the expected activity or introduced limits upon the activity and reflected the underlying capital appraisal systems and enabled the Council to demonstrate that it was complying with the requirements of the Prudential Code. The Council’s investments would be undertaken in accordance with its Treasury Management Practices. Those had been expanded to include use of non-specified investment in property to yield both rental income and capital gains from 2016/17. The new Codes required clear separation of commercial investments from treasury investments. As the Council only had one such investment, which would be clearly identified within the Strategy and the TMPs, a separate suite of Investment Management Practices was not proposed to be produced.

 

As was always the case, other ‘quality’ investment opportunities would always be explored during the year in consultation with the Council’s external advisors to maximise returns on investments within a continuing and overall risk-averse approach.

 

In line with the delegation set  ...  view the full minutes text for item 126.

127.

Management Team Items

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

Minutes:

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