Agenda and minutes

The Committee is asked to note any apologies for absence and substitutions received from Members.

An apology for absence was received from Councillor Doyle (with no substitution).

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no declarations of interest by Councillors in relation to any item on the agenda for this meeting.

Subject to providing two working days' notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

On this occasion no Councillor submitted notice of a question.

To set out the budget proposals for 2024/25 in respect of both the General Fund (GF) and Housing Revenue Account (HRA) for consideration by the Committee.

The Committee heard how the initial General Fund and the Housing Revenue Account (HRA) Budget proposals for 2024/25 had been considered by Cabinet on 15 December 2023. 

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

1)     Appendix A, Updated General Fund Financial Forecast / Budget 2024/25

At its meeting on 15 December 2023, it was resolved that Cabinet:

a)     approves the updated Financial Forecast and proposed budget position for 2024/25 as set out in report the Cabinet report and its appendices (Appendix A); and

b)     requests the Overview and Scrutiny Committees’ comments on this latest financial forecast and proposed budget position for 2024/25.

2)     Appendix B, Updated Housing Revenue Account Business Plan and Budget Proposals 2024/25

At its meeting on 15 December 2023, it was resolved that Cabinet:

(a)   approves the updated Housing Revenue Account (HRA) 30 year Business Plan, which includes the proposed revised position for 2023/24 along with budget proposals for 2024/25; and

(b)   requests the Resources and Services Overview and Scrutiny Committee’s comments on this latest HRA financial forecast.

The Committee had before them the Leader of the Council, supported by the Assistant Director of Finance and IT, the Portfolio Holder for Housing and Planning, supported by the Corporate Director  for Operations & Delivery and the Portfolio Holder for Leisure and Public Realm, supported by the Corporate Director  for Place and Economy.

A series of written questions had been previously compiled by the Committee and put to the Portfolio Holders.  The Portfolio Holders’ responses  had been provided in writing and circulated to the Committee prior to the commencement of the meeting.  The Minutes of  this meeting record those questions and responses below. Further supplementary questions were asked of Cabinet Members and responses provided and they are also recorded below.

During the question and answer section of this item, Councillor Steady, with the aim of transparency, reminded the Committee that both he and Councillor Barry were  Members of Brightlingsea Town Council.

The purpose of this report is to provide the Committee with the interim Report from its Council’s Enforcement Arrangements Task and Finish Group. This interim report is being submitted as the Task and Finish Group has concluded the element of its enquiry concerning Planning Enforcement. The interim report is set out in the Appendix to this report. The intention of the whole enquiry was recorded as:

“To identify the extent to which here are further steps that can be taken to further achieve a fair and equitable use of enforcement powers, taking account of relevant information and that the resources made available for enforcement are used to best effect.”

The Committee heard from the Director of Planning as he outlined a report that provided the Committee with the interim Report from its Council Enforcement Arrangements Task and Finish Group.  This interim report had been submitted as the Task and Finish Group had concluded the element of its enquiry concerning Planning Enforcement.  The interim report was set out in the Appendix to the Officer’s report.  The intention of the whole enquiry was recorded as:

“To identify the extent to which here are further steps that can be taken to further achieve a fair and equitable use of enforcement powers, taking account of relevant information and that the resources made available for enforcement are used to best effect.”

Members heard that the Council, on 11 July 2023, had approved an enquiry through this Committee into the matters set out below.  The Committee had subsequently approved that this enquiry would be undertaken through a Task and Finish Group and following a published decision the Task and Finish Group  had been formed and the enquiry was underway.

“Council Enforcement arrangements, including:

(a)   Planning Enforcement (and other areas) where decisions are taken ‘in the public interest’ whether to take particular enforcement action. To look at written statements to support the basis of such judgements and the matters demonstrably weighed up in reaching such decisions,

(b)   The existing and possible opportunities for information to be provided by Ward Councillors in respect of matters which may attract enforcement action and decisions to not take enforcement (given the unique role of Councillors in representing their Ward).

(c)   The extent to which enforcement powers are looked at in a silo or corporate way to ensure that (within the purposes of particular enforcement powers) the Council considers the ability to address non-compliances robustly. 

(d)   The experience of fly tipping on public land and the actions to deter such fly tipping

(e)   The use of mobile CCTV cameras overly and covertly to identify offences and, potentially, offenders.”

The enquiry had addressed, to this point, elements (a), (b) and (c) above in relation to Planning Enforcement.  The interim report referenced the enquiry to this point.  Further phases of the enquiry would concentrate on points (d) and (e) from the above scope and that it  might return to points (b) and (c) as it considered other enforcement matters within the scope of the enquiry.

After a brief discussion it was moved by Councillor P Honeywood, seconded by Councillor Griffiths and unanimously RESOLVED that the following recommendations be submitted to the Cabinet to approve on the basis that the relevant recipient of the approved recommendations will have the recommendation concerned referenced to them namely that:-

(1)  the pilot monthly update list on planning enforcement cases (showing Ward, location, alleged planning breach and reference number) be rolled out to all Councillors from the start of January 2024 and that, in the list, those cases relating to the same premises be cross referenced or be shown sequentially and allegations of breaches around the creation of  ...  view the full minutes text for item 35.

The Committee is asked to consider and comment upon, as appropriate, the initial proposals for the highlight priorities for 2024/25 submitted to it by the Cabinet.

The Committee heard that at Cabinet’s meeting held on 15 December 2023 (Minute 62 referred), Cabinet had considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.2), which had reminded Members that the Council’s strategic direction was set out in its Corporate Plan which was a fundamental element of the Council’s Policy Framework.  The Corporate Plan (‘Our Vision’) had been adopted unanimously by Council on 28 November 2023 (Minute 76 referred) and covered the period 2024-28. Key elements of delivering against the adopted Corporate Plan would be through annual highlight priority actions approved by the Cabinet. The 2024/25 initial proposals for highlight priorities had been set out at Appendix B to the Portfolio Holder’s report. Through that report, Cabinet had been invited to adopt those initial proposals for consultation purposes before finalising its highlight priorities for 2024/25; which would involve consideration of the outcome of the consultation undertaken.

It was reported to Members that recognising the rationale for the Portfolio Holder’s recommendations was to set out openly for all concerned the initial proposals for highlight priorities for 2024/25 and that this supported the openness agenda of the Council and provided an opportunity for engagement with the public, businesses and partners on those initial proposals.  Through consultation it was hoped that the views received could help shape the priorities that would finally be adopted (within the reality of the Council’s budgetary position). Cabinet had therefore -

“RESOLVED that Cabinet resolves that -

(a)    the initial highlight priorities for 2024/25, as set out at Appendix B to report A.2, be approved for consultation;

(b)    all Councillors, other partners and the public be invited to consider the initial priorities referred to in (a) above; and

(c)    the outcome of the consultation referred to in (b) above be reported to Cabinet on 15 March 2024 in order that Cabinet can formally adopt its finalised highlight priority actions for 2024/25.”

A copy of the published Leader of the Council’s report (and its appendices) to the Cabinet meeting held on 15 December 2023 were attached to  Officer’s covering report.

Members heard that in relation to the stewardship of the Tendring Colchester Boarders Garden Community, for any development to take place, stewardship must be in place or planning applications  would be rejected.

After some discussion it was moved by Councillor P Honeywood, seconded by Councillor Griffiths and unanimously RESOLVED that –

(a)  the following recommendations be submitted to the Cabinet namely that:-

(1)  any new measures arising from the new Climate Change Action Plan must be fully costed and resourced or planned to be fully costed and resourced and set out how they will be funded; and

(2)  the performance against the delivery of the Priorities must be closely monitored.

(b)    Cabinet be also informed that, in the opinion of this Committee, the Stewardship Arrangements for the Tendring Colchester Garden Community must be treated as a priority as they are vital to the success of this project.