Agenda and decisions

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

Items
No. Item

1.

Apologies for Absence

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

 

2.

Minutes of the Last Meeting pdf icon PDF 355 KB

3.

Declarations of Interest

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

 

4.

Announcements by the Leader of the Council

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

5.

Announcements by Cabinet Members

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

6.

Matters Referred to the Cabinet by the Council

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

7.

Matters Referred to the Cabinet by a Committee - Reference from the Resources and Services Overview & Scrutiny Committee - A.1 -Portfolio Holders' Review of performance and management of Projects under their respective Portfolios pdf icon PDF 24 KB

To enable Cabinet to consider recommendations made by the Resources and Services Overview & Scrutiny Committee in relation to the Portfolio Holders’ review of performance and management of projects under their respective Portfolios.

Decision:

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be noted and that the response of the Portfolio Holder responsible for Housing and Planning thereto be endorsed.

 

8.

Matters Referred to the Cabinet by a Committee - Reference from the Resources and Services Overview & Scrutiny Committee - A.2 - Fly Tipping and Mobile CCTV Enforcement pdf icon PDF 19 KB

To enable Cabinet to consider recommendations made by the Resources and Services Overview & Scrutiny Committee in relation to fly tipping and mobile CCTV enforcement.

Additional documents:

Decision:

RESOLVED that the recommendations made by the Resources and Services Overview & Scrutiny Committee be noted and that the responses of the Portfolio Holder for the Environment and the Portfolio Holder for Partnerships thereto be endorsed.

9.

Matters Referred to the Cabinet by a Committee - Reference from the Licensing and Registration Committee - A.3 - Renewal of the Statement of Licensing Policy (Gambling Act 2005) pdf icon PDF 40 KB

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a revised Gambling Licensing Policy Statement.

Additional documents:

Decision:

RESOLVED that Cabinet recommends to Full Council that the Gambling Licensing Policy Statement be adopted.

10.

Matters Referred to the Cabinet by a Committee - Reference from the Licensing and Registration Committee - A.4 - Adoption of a revised Licensing Enforcement and Inspection Policy 2024-2028 pdf icon PDF 58 KB

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Licensing Enforcement and Inspection Policy 2024 – 2028.

Additional documents:

Decision:

RESOLVED that the Licensing Enforcement and Inspection Policy 2024 - 2028 be adopted.

11.

Matters Referred to the Cabinet by a Committee - Reference from the Licensing and Registration Committee - A.5 - Adoption of a Sex Establishment Policy pdf icon PDF 38 KB

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Sex Establishment Policy.

Additional documents:

Decision:

RESOLVED that the Sex Establishment Policy be adopted.

 

12.

Matters Referred to the Cabinet by a Committee - Reference from the Licensing and Registration Committee - A.6 - Adoption of a Pavement Licensing Policy pdf icon PDF 39 KB

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Pavement Licensing Policy.

Additional documents:

Decision:

RESOLVED that the Pavement Licensing Policy be adopted.

13.

Leader of the Council's Items

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

14.

Cabinet Members' Items - Report of the Assets Portfolio Holder - A.7 - Social Value Policy - Essex Procurement Partnership pdf icon PDF 393 KB

To present to Cabinet for approval a Social Value Policy to demonstrate how the Council will deliver corporate priorities by achieving social value through procurement ensuring the additional benefit to the community which we can derive, over and above the direct purchasing of goods, services and outcomes, where these quality criteria are relevant and proportionate to the subject matter of the contract and non-discriminatory.

Additional documents:

Decision:

RESOLVED that Cabinet -

 

(a)    approves the Social Value Policy, as set out in Appendix A to item A.7 of the Report of the Assets Portfolio Holder, for recommendation onto Full Council for adoption;

(b)    authorises the Portfolio Holder for Assets (with responsibility for procurement) to approve changes to the list of Social Value Measures in the TOMs Calculator, where those measures deliver on the Outcomes agreed by Cabinet;

(c)    authorises the Director (Governance) (with responsibility for procurement) to approve the removal of TOMs measures for specific procurements, in order to meet the Public Contracts Regulations requirements for relevance, proportionality to the subject matter of the contract and non-discrimination; and

(d)    endorses an annual social value statement to reaffirm their goals to suppliers and measuring social value progress.

 

15.

Cabinet Members' Items - Report of the Corporate Finance & Governance Portfolio Holder - A.8 - Financial Performance Report 2024/25: General Update as at the end of September 2024 pdf icon PDF 243 KB

To provide a general update and overview of the Council’s financial position against the 2024/25 budget as at the end of September 2024 and looking ahead to 2025/26 and beyond.

Additional documents:

Decision:

RESOLVED that Cabinet:-

 

(a)  notes the Council’s in-year financial position at the end September 2024;

 

(b)  approves the proposed adjustments to the 2024/25 budget, as set out in Appendix 1H and requests Officers to review the potential on-going impact in 2025/26 and beyond where necessary as part of developing the forecast and detailed estimates for further consideration by Cabinet later in the year;

 

(c)   in respect of the additional sum of £0.040m made available to support North Essex Councils collaborative activities and Joint Health Post with Health Partners that is set out in Appendix 1H, authorises the Chief Executive, in consultation with the Portfolio Holder for Corporate Finance and Governance and the Portfolio Holder for Partnerships, to utilise this funding to support any associated work; 

 

(d)  in respect of the additional £1.200m set aside to support the cost of homelessness, requests Officers to present a report to a future meeting of Cabinet setting out further details relating to the current challenges faced by the Council along with potential actions / proposed activities to support the Council going forwards;

 

(e)  in respect of the Project Delivery Unit budget:

 

(i)      authorises the Director for Governance and the Director for Finance & IT, in consultation with the Corporate Director (Place and Economy), to enter into an agreement with Essex County Council (ECC) to increase existing procurement capacity for Tendring District Council;

 

(ii)     agrees a sum of up to the value of £120,000 over two years from the associated approved budget to fund the additional procurement capacity from ECC;

 

(iii)   authorises the Chief Executive, in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism, to agree further expenditure where capacity is procured from external bodies / organisations / individuals as an alternative to recruitment.  

 

(f)    notes the updated financial forecast set out in this report and requests Officers, in consultation with Portfolio Holders, to further develop the financial forecast proposals alongside the development of the Council’s priorities; and

 

(g)  invites the views of the Resources and Service 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.

16.

Cabinet Members' Items - Joint Report of the Housing & Planning Portfolio Holder and the Corporate Finance & Governance Portfolio Holder - A.9 - LCTS & Council Tax Discounts/Premiums; Local Business Rates Relief Scheme and MRP Policy Statement pdf icon PDF 225 KB

To enable Cabinet to consider and agree for recommending to Full Council the following:

 

a)  Local Council Tax Support Scheme 2025/26;

 

b)  Exceptional Hardship Policy;

 

c)   Discretionary Council Tax Exemptions, Discounts and Premiums for 2025/26; and an

 

d)  Annual MRP Policy Statement for 2025/26.

 

Additional documents:

Decision:

RESOLVED that Cabinet agrees that -

 

(a)    the LCTS scheme for 2025/26 remains the same as the current year (2024/25);

 

(b)    the Council Tax Exceptional Hardship Policy be as set out in Appendix B to the joint report; and

 

(c)    the discretionary Council Tax exemptions, discounts and premiums for 2025/26 be as set out in the appendices to the Portfolio Holders’ joint report.

 

RECOMMENDED TO COUNCIL that –

 

(i)      the LCTS, as set out as Appendix A to the joint report, be approved with the maximum LCTS award being 80% for working age claimants;

 

(ii)      the Director (Finance and IT), in consultation with the Housing and Planning Portfolio Holder, be authorised to undertake the necessary steps to implement the LCTS scheme from 1 April 2025;

 

(iii)     the locally determined council tax discounts, as set out in Appendix C, be approved;

 

(iv)    the council tax discount policy for young people leaving care, as set out in Appendix D, be approved;

 

(v)     the discretionary council tax premiums, as set out in Appendix E, be approved;

 

(vi)    a discretionary council tax premium of 100% is charged on properties occupied periodically (‘second homes’) from 1 April 2025;

 

(vii)    the Director (Finance and IT), in consultation with the Housing & Planning Portfolio Holder, be authorised to undertake the necessary steps to implement the council tax exemptions, discounts and premiums from 1 April 2025; and

 

(viii)    the Annual Minimum Revenue Provision Policy Statement for 2025/26, as set out in Appendix F, be approved.

 

17.

Cabinet Members' Items - Report of the Environment Portfolio Holder - A.10 - Climate Change Action Plan 2024/27 pdf icon PDF 269 KB

To enable Cabinet to determine its recommendation to Full Council on a proposal of amending the Council’s current policy target to achieve net zero carbon in scope one and two emissions from 2030 to the Government’s target date, currently 2050, to allow for more financially sustainable investment to meet the target.

 

The report sets out the proposed Climate Action Plan for 2024-27, as set out in Appendix A, subject to Cabinet’s endorsement, to deliver against the new target, following Full Council’s approval.

 

To note that an action within Appendix A, is for further work to be undertaken to improve and streamline data collection on energy usage and emissions.

Additional documents:

Decision:

RESOLVED that Cabinet - 

 

a)     notes the contents of the Environment Portfolio Holder’s report (A.10) and in particular the development of a draft Climate Change Action Plan, as set out in Appendix A for 2024-27 based upon a revised target of achieving Net Zero carbon emissions by 2050;

 

b)     recommends to Full Council that –

 

i)       the Council’s Policy Framework (within Article 4 of the Constitution)) be amended to “Approval of the Council’s target for achieving Net Zero carbon emissions with the relevant strategy and action plans being adopted and delivered by the Executive”;

ii)      in recognition that at a national level the UK Government has outlined comprehensive targets aimed at achieving Net Zero carbon emissions by 2050 and based on the Council’s resources, the Council’s new target for achieving Net Zero carbon emissions be aligned with the UK’s national objectives to achieve Net Zero, by 2050; and

iii)     Cabinet adopts and delivers against its strategy and action plans in accordance with the Council’s Budget and Policy Framework.

 

c)      subject to Full Council approving the revised Net Zero target, the new Climate Change Action Plan for 2024-2027 be adopted via an executive decision being made by the Portfolio Holder for the Environment; and

 

d)     notes the limitations of currently available carbon emission data and commends further investigative work by Officers to improve data.

 

18.

Cabinet Members' Items - Report of the Partnerships Portfolio Holder - A.11 - Tendring District Council's Careline Service Review: Results of Consultation and Next Steps pdf icon PDF 233 KB

To report to Cabinet the results of the recent consultation on the future of the Council’s Careline service; and seek its decision as to how it wishes to proceed in light of these consultation results and other updated information.

 

This report recommends, as a variance to the Cabinet’s currently adopted preferred option, that the Council explores further the response received from Colchester City Council as part of the North East Essex Health and Wellbeing Alliance to create a combined telecare service that aligns with the Alliance’s aims and objectives for an integrated health-system approach.

Additional documents:

Decision:

RESOLVED that Cabinet -

 

(a)   notes the outcome of, and feedback from, the recent customer, resident and stakeholder consultation on the future of Tendring Careline – that was based upon balancing best value principles with the needs of our existing customers, who now have a wider range of options available on the open market, at more comparable rates than the Council can continue supplying the service for;

 

(b)   notes the decision to terminate the third-party contract with AE Partners Ltd (YourStride) which, irrespective of the Cabinet’s resolution in respect of (d) below, will reduce the pressure on the capacity of Tendring Careline – which, for some months, has been dealing with a growing and increasingly unmanageable volume of calls from residents outside of Tendring; and bring about a cost saving to the Council;

 

(c)   authorises the Director of Planning and Communities, in consultation with the Leader of the Council and the Portfolio Holder for Partnerships, to review and if necessary, vary or terminate other third-party contracts at suitable timely junctures as part of the move towards the fulfilment of any final preferred approach;

 

(d)   confirms that, having considered the contents of this report, it still wishes to continue, in principle, with the preferred option (Option 2) of ceasing the telecare and lifting/response provision of the Careline Service, in its entirety, including service delivery under third-party contracts with remaining service provision solely relating to the Council’s Out-of-Hours and CCTV service – albeit subject to (e) below;

 

(e)   authorises the Director of Planning and Community, in consultation with the Leader of the Council and the Portfolio Holder for Partnerships, to explore further the third-party proposals that were submitted to the Council through the consultation;

 

(f)   subject to (e) above, requests that third parties be invited to put forward a formal detailed proposal for further exploration within one month of this decision (i.e. by close of business on Monday 16th December 2024) as the starting point for Tendring District Council’s consideration;   

(g)   requests that the Portfolio Holder for Partnerships reports to Cabinet in February 2025 to provide an update on the opportunity explored in line with (e) above in respect of the third-party proposals, as well as an updated recommendation for a final Cabinet decision on the future of Careline informed by updated financial analysis and with a detailed transition plan;

 

(h)   subject to (g) above, acknowledges that there may be additional costs arising from the change in timescales set out in this report, and requests that the financial impact is included within the report to Cabinet in February 2025; and

  

(i)    authorises the Director of Planning and Community in consultation with the Leader of the Council and the Portfolio Holder for Partnerships, to assess different options for the continued provision of the Out-of-Hours and CCTV service and to implement any necessary changes, as necessary, following the Cabinet’s final decision on the future of Careline.

 

19.

Management Team Items

There are no matters referred to the Cabinet by the Council’s Management Team on this occasion.