Agenda, decisions and minutes

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Contact: Ian Ford  01255 686584

Items
No. Item

1.

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 Councillor Newton (Portfolio Holder for Business and Economic Growth) and Councillor Allen (Leader of the Tendring First Group).

 

2.

Minutes of the Last Meeting pdf icon PDF 133 KB

Minutes:

It was RESOLVED that the Minutes of the meeting of the Cabinet held on Friday 8 March 2019 be approved as a correct record and signed by the Chairman.

 

3.

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:

There were no declarations of interest made at this time.

 

4.

Announcements by the Leader of the Council

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

Minutes:

“Green Issues”

 

The Leader of the Council (Councillor Stock OBE) referred to a leaflet that had been circulated prior to the commencement of the meeting by a representative of Extinction Rebellion. Councillor Stock informed Members that he had taken “Green Issues” under his portfolio and that he would seek to find ways in which the Council could promote “Green Industry” further. He referred to the solar farms, wind turbines and introduction of electric car charging points within car parks as examples of “green” activity within the District.

 

Councillor Stock stated that he had an “open mind” on this matter and he called for members and the public to submit their ideas to him.

 

New Corporate Plan for the Council

 

Councillor Stock reminded Members that the Council’s current Corporate Plan ran until 2020 and that it was now appropriate of the start of the new Council to look towards creating a successor Plan.

 

He had therefore requested that Officers submit a report on this to the next meeting of the Cabinet. Once Cabinet had agreed a draft Corporate Plan it would be submitted for scrutiny the Council’s two overview and scrutiny committees. The comments/recommendations of those Committees would be considered by the Cabinet before its final draft Corporate Plan was submitted to the full Council for its ultimate approval.

 

Change of Date – July Meeting of the Cabinet

 

Councillor Stock informed Members that he was changing the date of the July formal Cabinet meeting. That meeting would now be held on Friday 19 July and not 12 July 2019 as previously notified to Members.

 

5.

Announcements by Cabinet Members

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

Minutes:

Water Safety Event

 

The Portfolio Holder for Partnerships (Councillor McWilliams) informed Members that a Water Safety Event for Children would be held at Clacton Pier between 14 – 24th June at Clacton Pier and she encouraged Members to pay a visit.

 

6.

Matters Referred to the Cabinet by the Council

There are none on this occasion.

Minutes:

There were none on this occasion.

 

7.

Matters Referred to the Cabinet by a Committee - Reference from the Community Leadership Overview & Scrutiny Committee - A.1 - Performance Report 2018/2019 Third Quarter pdf icon PDF 241 KB

To enable Cabinet to give consideration to the recommendation of the Community Leadership Overview and Scrutiny Committee made following that Committee’s consideration of the Performance Report 2018/19 Third Quarter.

Decision:

RESOLVED that Cabinet notes the Community Leadership Overview and Scrutiny Committee’s recommendation and endorses the Portfolio Holder’s response thereto.

 

 

Minutes:

Cabinet was aware that the Community Leadership Overview and Scrutiny Committee at its meeting held on 25 February 2019 (Minute 44 referred), had considered a report of the Deputy Chief Executive which had presented the Performance Report for Quarter Three (October to December 2019), including the Corporate Plan and Priorities and Projects 2018/19.

 

Having considered and discussed the information provided the Community Leadership Overview and Scrutiny Committee had:-

           

RESOLVED (a) that this Committee recommends to Cabinet that this Council should maximise every opportunity to promote and market the Tendring District Council ‘brand’ at sports and leisure events and activities held within the District; and

 

(b) the contents of the report be noted.”

 

Cabinet had before it the response of the Leisure and Tourism Portfolio Holder to the recommendation of the Community Leadership Overview and Scrutiny Committee as follows:-

 

“I would like to thank the Committee for its recommendation and I can confirm that where this is practical and feasible such promotion does and will continue to take place.”

 

Having considered the response of the Leisure and Tourism Portfolio Holder to the recommendation of the Community Leadership Overview and Scrutiny Committee:-

 

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

 

RESOLVED that Cabinet notes the Community Leadership Overview and Scrutiny Committee’s recommendation and endorses the Portfolio Holder’s response thereto.

 

 

 

8.

Matters Referred to the Cabinet by a Committee - Reference from the Resources and Services Overview & Scrutiny Committee - A.2 - Financial Performance Report - In-Year Performance Against The Budget at the end of December 2018 and Long Term Financial Forecast Update pdf icon PDF 293 KB

To enable Cabinet to give consideration to recommendations made by the Resources and Services Overview and Scrutiny Committee following that Committee’s consideration of the Financial Performance Report.

Decision:

RESOLVED that Cabinet notes the Resources and Services Overview and Scrutiny Committee’s recommendations and endorses the responses of the Housing Portfolio Holder thereto.

Minutes:

Cabinet was aware that the Resources and Services Overview and Scrutiny Committee at its meeting held on 18 March 2019 (Minute 67 referred), had considered a report of the Deputy Chief Executive which had presented an overview of the Council’s actual financial position against the budget as at the end of December 2018 and which also presented an updated forecast on an on-going basis as part of developing the budget for 2019/20 and beyond.

 

Having considered and discussed the information provided the Resources and Services Overview and Scrutiny Committee had:-

 

RESOLVED that this Committee recommends to Cabinet that –

 

(1)       the uncommitted grant income of £98,000 received from the Government as New Burdens funding be allocated to meet the rising costs of the homelessness service;

 

(2)       the Housing Portfolio Holder be urged to direct his Officers to demolish the former Honeycroft sheltered housing scheme building as a matter of urgency in view of the ongoing costs to this Council such as Council Tax on empty properties;

 

(3)       the previously carried feasibility studies be revisited in order to investigate the potential of the former Spendells sheltered housing scheme building being used for the homeless as a temporary alternative housing provision to bed and breakfast accommodation.”

 

Cabinet had before it the responses of the Housing Portfolio Holder to the recommendations of the Resources and Services Overview and Scrutiny Committee as follows:-

 

“I would like to thank the Committee for its recommendation [number (1)] which I am happy to accept;

 

I would like to thank the Committee for its recommendation [number (2)] and I can advise the Committee that officers are in the process of recruiting a surveyor to organise the demolition of this building in conjunction with the demolition of another large building in order to maximise value for money.  Due to the complexity of the demolition it has not been possible to organise this within existing resources and the initial recruitment process was not successful.  The new post holder will also be responsible for some new build projects following the recent retirement of the Building and Structures Manager; and

 

I would like to thank the Committee for its recommendation [number (3)] and I can confirm that this is one of the options being considered alongside a parallel proposal from a partner agency which would like to lease the building for housing purposes.”

 

Having considered the responses of the Housing Portfolio Holder to the recommendations submitted by the Resources and Services Overview and Scrutiny Committee:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

 

RESOLVED that Cabinet notes the Resources and Services Overview and Scrutiny Committee’s recommendations and endorses the responses of the Housing Portfolio Holder thereto.

 

9.

Leader of the Council's Items

There are none on this occasion.

Minutes:

There were no such items on this occasion.

 

10.

Cabinet Members' Items - Report of the Corporate Finance & Governance Portfolio Holder - A.3 - Performance Report January - March 2019 (Quarter 4 - Outturn) pdf icon PDF 184 KB

To present the Performance Reports (2018/19) for the period January to March 2019 (Quarter 4 - Outturn).

Additional documents:

Decision:

RESOLVED that the contents of the Performance Reports for the period January - March 2019 (Quarter 4 - Outturn) be noted.

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder (A.3) which presented the Performance Reports (2018/19) for the period January – March 2019 (Quarter 4 - Outturn). The Performance Reports (Resources & Services and Community Leadership) set out the detailed actions and targets for the delivery of the Council’s priorities throughout the year and included both the Corporate Plan and Priorities and Projects 2018/19.

 

It was reported that of the 18 indicators and projects where performance was measured, the outturn position had demonstrated that 13 (72%) were on, or above, their expected target and 5 (28%) were not in line with the expected performance. Members were aware that the indicators and projects highlighted in the Community Leadership report were deemed ‘non measurable’ as the Council’s role was that of ‘influence’ only.

 

The Cabinet also received an update on the progress of the “Transforming Tendring” project.

 

Having considered the information provided in the report and appendices thereto:-

 

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

 

RESOLVED that the contents of the Performance Reports for the period January - March 2019 (Quarter 4 - Outturn) be noted.

 

11.

Cabinet Members' Items - Report of Corporate Finance & Governance Portfolio Holder - A.4 - Update on Apprenticeship Provision of Career Track pdf icon PDF 220 KB

To provide an update on the work of the Council’s apprenticeship service Career Track.

Decision:

RESOLVED that the work of Career Track, as detailed in the report, be noted.

 

 

 

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder (A.4) which provided it with an update on the work of the Council’s apprenticeship service Career Track.

 

Members were informed that Career Track had first been established within Tendring District Council in 1983. Since then it had continuously provided apprenticeship opportunities within the organisation and for other employers. Over the years the nature of the apprenticeships and indeed the very definition of ‘what is an apprentice’ had changed when central Government priorities and focus had been amended as part of both education and employment policy.

 

Cabinet was aware that the Council’s sustained commitment to the Career Track apprentice scheme had been a central plank of its work to develop a more skilled workforce and to “grow its own” employees of the future.

 

It was reported however that, following the Government’s simultaneous overhaul of apprenticeship delivery rules with the introduction of the national Register of Approved Training Providers alongside the introduction of the Apprenticeship Levy May 2017, and the consequent loss of opportunity to support non levy paying employers with apprenticeships within Tendring there had been an impact on Career Track over the past twelve months. This has resulted in an estimated total loss of £60,000 revenue. Perhaps more importantly and sadly it had meant that many long standing working relationships with small local businesses had now been lost. Local employers who had approached Career Track based on its long established and successful track record had had to be turned away and referred to larger institutions.

 

Members were made aware that this has also resulted in a dip in apprentice numbers as Career Track had had to identify new levy paying employers who were prepared to choose Career Track as their apprenticeship provider. Tendring Council did not have a large number of levy paying employers within the District. It also took longer to secure a contract with a larger employer. Nonetheless, new employers had come on board and more were joining. As well as supporting Tendring District Council, Career Track now also supported Colchester Borough Council, Maldon District Council, Ellison’s Solicitors and Silverton Aggregates. Discussions were ongoing with a number of other employers.

 

Cabinet was informed that Career Track was currently supporting 24 apprentices within the organisation. 64% of all the apprentices in the Council were with Career Track. It was also supporting 12 apprentices in other organisations. A further eleven apprentices were expected to start soon as advertised apprentice vacancies were filled, with opportunities for 17 apprenticeships in three other organisations being discussed.

 

Members were advised that in November 2017 Career Track had had an audit visit from the Education and Skills Funding Agency (ESFA), following which no improvement measures had been required. Recent inspection visits from Pearson (the awarding body for qualifications) had also given a 100% report with no improvements required. At the time of writing an Ofsted inspection had not taken place but a monitoring visit was expected at any time during  ...  view the full minutes text for item 11.

12.

Cabinet Members' Items - Report of Corporate Finance & Governance Portfolio Holder - A.5 - Review of the Registration of an Asset of Community Value: Ardleigh Hall Leisure and Squash Club pdf icon PDF 253 KB

To review the listing of Ardleigh Hall Leisure and Squash Club under the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012 following a request for review by Ardleigh Hall LLP the owner of the Ardleigh Hall Squash Club.

Decision:

RESOLVED that Cabinet –

 

(a)    notes the change in circumstances at the former Ardleigh Hall Squash and      Leisure Club since its decision in January 2015;

 

(b)    agrees that it is not realistic that the original land nominated including the buildings subsequently demolished will further the social well-being or social interests of the local community in the future; and consequently

 

(c)      concludes that the criteria required in Section 88 Localism Act 2011 is no longer satisfied and therefore authorises that the land be now removed from the List of Assets of Community Value.

Minutes:

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder (A.5) which reviewed the listing of Ardleigh Hall Leisure and Squash Club under the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012, following a request for such a review by Ardleigh Hall LLP the owner of the Ardleigh Hall Squash Club (which is registered with title number EX489331 at HM Land Registry).

 

It was reported that in January 2015 a valid nomination to register an asset of community value had been received from Ardleigh Parish Council in respect of Ardleigh Hall Leisure and Squash Club, Dedham Road, Ardleigh. Subsequently, in February 2015 Cabinet had resolved to add Ardleigh Hall Squash and Leisure Club to the list of Assets of Community Value, having taken into account the evidence provided that the site met the criteria set out in Section 88 of the Localism Act 2011.

 

Members were informed that, on 1 February 2018 planning application 16/00878/FUL had been granted for the demolition of all existing buildings forming Ardleigh Hall Leisure and Squash Club and the construction of 7 No. 4 bedroom detached houses and associated garages (the properties) and the diversion of an existing footpath public right of way. The properties were now nearing completion and the owner wished to sell those properties. However, any such attempted sale would trigger a moratorium period as a result of the Asset of Community Value Listing attached to the site and previous buildings which had now been demolished by the owner. The owner had therefore requested a review of the listing asking that their land was now removed from the Asset of Community Value List.

 

Having carefully considered all of the information contained in the report, including the listed reasons for seeking removal of the designation provided by the owner of the site, the statutory provisions of Sections 88, 91 and 92 of the Localism Act and Schedule 2 of the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and the advice of Officers:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

 

RESOLVED that Cabinet –

 

(a)    notes the change in circumstances at the former Ardleigh Hall Squash and      Leisure Club since its decision in January 2015;

 

(b)    agrees that it is not realistic that the original land nominated including the buildings subsequently demolished will further the social well-being or social interests of the local community in the future; and consequently

 

(c)      concludes that the criteria required in Section 88 Localism Act 2011 is no longer satisfied and therefore authorises that the land be now removed from the List of Assets of Community Value.