In the absence of the Chairman of the Council (Councillor Casey), the Chair was occupied by the Vice-Chairman (Councillor Davidson).

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

Apologies for absence were submitted on behalf of Councillors Casey, Guglielmi, P B Honeywood, S A Honeywood, Thompson and Wiggins.

The Council is asked to approve, as a correct record, the minutes of the extraordinary meeting of the Council held on Tuesday 11 March 2025.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED that the minutes of the extraordinary meeting of the Council held on 11 March 2025 be approved as a correct record and be signed by the Chairman.

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

The Chief Executive declared Interests in Agenda Item 19 (report A.6 – Pay Policy Statement 2025/26) and in Agenda Item 20 (report A.7 – Review of Changes to the Chief Executive’s Terms and Conditions). He informed the meeting that he would leave the room whilst those items were being deliberated and decided upon.

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

In the absence of the Chairman of the Council, there were no such announcements on this occasion.

The Council is asked to note any announcements made by the Chief Executive.

The Chief Executive made the following announcements:-

LGR - Submission of Initial Proposals to the Government

The Chief Executive was pleased to inform the Council that the LGR Initial Proposals Submission had been submitted to the Government by the deadline of 21 March 2025. It had been supported by all 15 Essex local authorities and the Police, Fire & Crime Commissioner for Essex. The Government had confirmed that it had received the submission. The Government’s response was expected to be received by mid to late April 2025 and once received Members would be advised accordingly.

The Late Councillor Nicholas Turner

“Mr Chairman, it is with sadness that I formally report that, on 20 March 2025, Councillor Nicholas Turner passed away.

Councillor Turner was a long-standing Member of this Council, having first been elected to it in May 1999, representing Frinton, he served on the Cabinet between 2010 and 2017, holding portfolios for services including parking, environment and coast protection – and as Deputy Leader of the Council in 2014-15. At Frinton and Walton Town Council he also represented the Frinton ward.

Nick was passionate about the Walton Backwaters and coastal protection and was a dedicated member of the Naze Management Board.  During his time on Cabinet, he oversaw a number of initiatives, including the £36million coastal defence scheme along Holland-on-Sea and the development of a new sea wall at the Naze. He also oversaw the previous procurement process for the Waste Management contract.

Our thoughts are with Nick’s wife Sue and family at this difficult time. I was able to speak to Nick on the day before he passed and I thanked him for all of his work for this Council and the community, which he was able to acknowledge though he could not speak.

As a mark of respect for the service of the late Councillor Turner, the flag at Clacton Town Hall is flying at half-mast.

Councillor Ferguson has placed a yellow rose on the dais in remembrance of Councillor Turner as he always wore a yellow rose at Council meetings along with his Tendring District Council tie.”

The Vice-Chairman of the Council then led Members and all persons present in a silent tribute to Councillor Turner.

Councillors Platt, M E Stephenson, Ferguson, Everett, Calver, Bray, M A Cossens, Morrison, Chapman BEM, Scott and Bush all paid personal tributes to the memory of Councillor Turner.

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

The Leisure and Public Realm Portfolio Holder (Councillor Barry) made the following statement:-

“I’d like to bring to Members’ attention that we have a conference that is going to be held in the Princes Theatre on Monday 19 May 2025. It’s from 12.00 p.m. until 5.00 p.m. and it’s for the launch of the Sport and Activity Strategy across the District. We will have a marketplace, national speakers, workshops and invites have been sent to organisations, sporting bodies, schools, volunteers and other interested parties to come along, listen, participate and hopefully increase our community engagement across the District. All Councillors are welcome to attend and see what they can pick up for their Wards and their residents.”

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

Councillors may then ask questions of the Leader on his statements.

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

The Council will receive the annual State of the Tendring District Statement from the Leader of the Council.

The Leader of the Council made the annual Statement of the State of the Tendring District as follows:

“Chairman, Councillors, members of the public both here in person and online.

It is a privilege to stand before you once again to deliver the annual State of Tendring address as a moment to reflect on how far we have come, acknowledge the challenges before us and set out our ambition for the future.

Tendring is changing. Not just in the projects we see taking shape in our towns, or the new homes rising from the ground, but in the way we govern, the way we grow, and the way we shape our communities for future generations.

The last year has been one of real progress. Across our District, cranes are on the horizon, investments are turning into action, and long-discussed plans are becoming reality. This has been a year of delivery, of bricks laid, businesses supported, homes provided, and opportunities unlocked.

And yet, as we look ahead, we know change is coming, not just in what we build, but in how we govern. Local Government Reorganisation is now firmly on the agenda. Whether we welcome it or not, we must be ready. The question is not whether change will come, but how we ensure that it works for Tendring.

This Council has always stood for its people and that will not change. But before we look ahead to the challenges and opportunities of the future, let us take stock of what we have achieved.

I’d like to start with regeneration, which is not just about investment, it is about restoring civic pride, creating places where people want to live, work, and visit across Tendring, and that vision is becoming reality.

In Clacton, we have made real progress in delivering long-awaited transformation. Planning applications have been submitted for the redevelopment of Carnarvon House and the town’s multi-story car park. These projects will create 28 modern homes and vibrant new community spaces. At the same time, Essex County Council’s plans for Clacton Library will bring state-of-the-art learning spaces, an Adult Community Learning Centre, registration services, and a base for the University of Essex’s Centre for Coastal Communities. Together, these projects represent £30 million of investment in Clacton’s future.

Meanwhile, Dovercourt is undergoing its own transformation. Planning has been submitted to modernise the Milton Road car park, creating 23 new spaces in the heart of the town centre and we have cleared and prepared sites for new homes in Victoria Street, demonstrating our commitment to delivery. The library redevelopment is well underway and public realm improvements are progressing. With £9 million investment secured, Dovercourt’s future is one of opportunity.

Also, in Dovercourt, the High Street Accelerator program’s investment is empowering local businesses. £237,000 has been secured for town centre improvements, bringing businesses together to drive change. Meanwhile, an additional £500,000 will improve open spaces, strengthen transport links between the seafront and  ...  view the full minutes text for item 126.

To formally report the receipt of a petition submitted requesting the Council to continue to fund Citizens Advice Tendring and the Mental Health Hub and to enable Council to consider that petition alongside Cabinet’s formal response to that petition, arising from the meeting of the Cabinet held on 17 March 2025.

Council considered a report of the Head of Democratic Services & Elections (A.1) that formally reported the receipt of a petition that had been submitted requesting the Council to continue to fund Citizens Advice Tendring and the Mental Health Hub and which enabled Council to consider that petition alongside Cabinet’s formal response to that petition, arising from Cabinet’s meeting held on 17 March 2025.

It was reported that a paper petition submitted by Danny Mayzes as lead petitioner, had been received on Friday 21 February 2025. Following a check carried out by Officers in Electoral Services, the petition had been found to contain at least 514 names and addresses that were legible and those persons had been included on the electoral register.

The text of the paper petition stated:-

“We the undersigned petition Tendring District Council to continue to fund Citizens Advice Tendring and the Mental Health Hub to ensure this vital advice service can continue to support the residents, families and small businesses of the Tendring District. The core grants of £144,000 and £28,000 per annum should be reinstated for 2025/2026 and beyond. Citizens Advice is a national treasure and a staple of UK life, and we want this protected locally for the people of Tendring at all costs.

The Council has stated publicly that it would not be able to deliver the same level of advice for less cost, and that Council staff would not have the knowledge to deliver the advice required in-house. The Council praises Citizens Advice Tendring as value for money, and despite core funding not having increased in 10 years, the advice service by Citizens Advice Tendring is better than ever and must be retained.”

In addition, the Lead Petitioner, Danny Mayzes, had submitted an E-Petition with the same text. That E-Petition had been e-signed by 349 individuals who had given an address within the District.

As this matter related to an executive function (Partnerships Portfolio) the Cabinet had been the appropriate body to consider this matter in the first instance and this had duly taken place at the meeting of the Cabinet held on 17 March 2025.

Section 2 of the Council’s adopted Scheme for Dealing with Petitions stated, inter alia,:-

“(b) A valid petition containing 501, or more signatures from Tendring residents or non-residents who can be clearly identified as either working or studying in Tendring, will be reported to Council to advise that the petition has been received.  Once it has been investigated, a report will be prepared and presented with the petition at the next meeting of the Council for consideration. If it relates to a matter that is an Executive function under the law the petition will also be presented to the first practicable meeting of the Cabinet and any views, comments or recommendations made by Cabinet will be incorporated into the aforementioned report to Council.”

In accordance with the Petitions Scheme, Danny Mayzes had been invited to attend the meetingon 17 March 2025 to address the Cabinet, outlining  ...  view the full minutes text for item 127.

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.

Subject to the required notice being given, members of the public could ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

On this occasion no such Question on Notice had been submitted by a member of the public.

The Council will receive a report on any Cabinet or Portfolio Holder Decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 16.2, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

There were no such urgent Cabinet or Portfolio Holder decisions to report to Council on this occasion.

The Council will receive the minutes of the following Committees:

(a)     Resources and Services Overview & Scrutiny of Monday 13 January 2025;

(b)     Community Leadership Overview and Scrutiny of Tuesday 14 January 2025;

(c)     Community Leadership Overview and Scrutiny of Tuesday 28 January 2025;

(d)      Audit of Thursday 30 January 2025;

(e)     Standards of Wednesday 5 February 2025;

(f)       Planning Policy & Local Plan of Monday 10 February;

(g)     Audit of Thursday 13 February 2025; and

(h)     Human Resources and Council Tax of Monday 24 February 2025.    

NOTES:         

(1)   The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record; and

(2)   If any recommendations to Council have been made by those Committees, these are included within separate reports for Council to decide upon (i.e. by noting the minutes those recommendations are not approved at this stage of the proceedings).

It was moved by Councillor M E Stephenson, seconded by Councillor I J Hendersonand:-

RESOLVED that the minutes of the following Committees, as circulated, be received and noted:-

(a) Resources and Services Overview & Scrutiny of Monday 13 January 2025;

(b) Community Leadership Overview and Scrutiny of Tuesday 14 January 2025;

(c) Community Leadership Overview and Scrutiny of Tuesday 28 January 2025;

(d) Audit of Thursday 30 January 2025;

(e) Standards of Wednesday 5 February 2025;

(f) Planning Policy & Local Plan of Monday 10 February;

(g) Audit of Thursday 13 February 2025; and

(h) Human Resources and Council Tax of Monday 24 February 2025.

Pursuant to the provisions of Council Procedure Rule 12, Council will consider a motion, notice of which has been given by Councillor Bensilum.

Council had before it the following motion, notice of which had been given by Councillor Bensilum pursuant to Council Procedure Rule 12:-

“(a) That Tendring District Council believes that:-

(1)   in principle, any development in the District of Tendring should only be granted planning consent if suitable renewable energy is installed at the time of development.  This to include options such as solar, heating and other measures, and such that developers will no longer be able to place restrictive covenants to prevent purchasers from installing these measures when they are required, with a possible exemption for very small developments; and

(2)   furthermore, that any developers who currently hold restrictive covenants preventing homeowners from the installation of renewable energy such as solar, should be encouraged by the Council in the strongest possible terms, to remove these restrictions, where appropriate, and allow property owners to install solar panels and other green measures without hinderance.

(b)   That Tendring District Council therefore notes:-

(1)     that there are numerous developments spread across the District, where developers, by way of restrictive covenants, are preventing residents who have purchased a property from installing solar energy or similar ‘green’ energy measures;

(2)     that the Council already has a policy in Section 2 of its adopted Local Plan i.e. Policy PPL10: RENEWABLE ENERGY GENERATION AND ENERGY EFFICIENCY MEASURES which, amongst other things, states:

“All development proposals should demonstrate how renewable energy solutions, appropriate to the building(s) site, and location have been included in the scheme and for new buildings, be designed to facilitate the retrofitting of renewable energy installations.

For residential development proposals involving the creation of one or more dwellings, the Council will expect detailed planning applications to be accompanied by a ‘Renewable Energy Generation Plan’ (REGP) setting out the measures that will be incorporated into the design, layout and construction aimed at maximising energy efficiency and the use of renewable energy.

Planning permission will only be granted where the application can demonstrate that all reasonable renewable energy and energy efficiency measures have been fully considered and, where viable and appropriate, incorporated into the design, layout and construction. The Council will consider the use of planning conditions to ensure the measures are delivered.”

(3)   furthermore, that the supporting text within the Local Plan (paragraph 7.9.3) states, in respect of the Renewable Energy Generation Plan (REGP), that it - “must demonstrate how different measures have been considered and incorporated which could and should include:

·      Triple Glazing;

·      Solar Roof Panels or Solar Tiles;

·      Air Source Heating Systems;

·      Ground Source Heating Systems;

·      Super Insulation (walls and loft void);

·      Rainwater Capture System;

·      Electric Vehicle Rapid Charging Points (provided to an individual dwelling or through an appropriate facility);

·      Superfast Broadband and a flexible space within each home to enable home working and a reduction in the need to travel;

·      Mechanical Heat Recovery Ventilation;

·      Solar Thermal Systems;

·      Solar Battery Storage Systems; and where appropriate

·      Any other newer or alternative technologies and measures aimed at maximising energy efficiency and the use of renewable  ...  view the full minutes text for item 131.

To enable Council to adopt the Procurement Strategy, as required by the Council’s Policy Framework.

Council considered a reference report from Cabinet (A.2) which informed Members that at its meeting held on 21 February 2025 (Minute 129 referred), the Cabinet had considered a report of the Assets and Community Safety Portfolio Holder (A.2) which had updated it on the progress of the collaboration procurement service, known as Essex Procurement Partnership and which had sought its approval for the Collaboration Agreement to be entered into, replacing the arrangement directly with Essex County Council and endorsing the proposed Procurement Strategy for Essex Procurement Partnership (EPP), as the interim strategy for the Council.

In relation to the proposed Procurement Strategy Cabinet had been informed that the Procurement Strategy, set out the rationale for the Collaboration, Vision, Goals, Scope and Remit, and Strategic Priorities and Actions of EPP for the next three years and would be expected to apply to procurement within this Council.  This sought to deliver the agreed objectives as set out and, in particular, outlined how EPP would do so over the next three years in line with the Procurement Act 2023.

Cabinet Members were cognisant that current guidance documents produced by the Government highlighted the four stages of the commercial pathway being Plan, Define, Procure and Manage and the Strategy provided more detail on those stages, but all services across the Council would note that the procurement phase, was the third one out of four.  More attention to preparation resources and groundwork being provided by the commissioning service area should be placed on the first two parts to ensure the Council could make the most of the flexibilities the new Act provided by being clear of the service’s intentions through the required notices.

It was set out that EPP would review and update its Procurement Strategy annually to ensure that it remained relevant and responsive to the changing needs and circumstances of the Authorities including new legislation and national policy.  EPP would monitor and report on the progress and performance of this Procurement Strategy to Members and stakeholders.

It was recognised that the new Act introduced a shift in procurement objectives, moving beyond the traditional focus on equal treatment and non-discrimination. Now, contracting authorities were mandated to deliver value for money, maximise public benefit and act with integrity throughout the procurement process.

Cabinet had been made aware that the Government’s National Procurement Policy Statement (NPPS) had been published on 13th February 2025 in readiness for the Act going live on 24th February 2025 and had come into effect on the same date.  The NPPS applied to all contracting authorities as defined in the Act.  The Procurement Strategy supported the priorities of the NPPS.

Cabinet recognised that a number of benefits would be achieved to EPP members, so benefiting Essex residents which included:-

•    Increased resilience – through more resource, EPP was able to better flex to the peaks and troughs of each Authority and enabled effective delivery of projects in Districts improving the services residents received.

•    Procurement Expertise – By operating across multiple  ...  view the full minutes text for item 132.

To enable Council to consider proposed amendments to the Members’ Planning Code & Protocol following a review carried out by the Standards Committee and consideration by the Cabinet.

Council considered a joint report of the Monitoring Officer and the Cabinet (A.3) which enabled Council to consider proposed amendments to the Members’ Planning Code & Protocol following a review carried out by the Standards Committee and consideration by the Cabinet.

It was reported that the Standards Committee, at its meeting held on 5 February 2025 (Minute 34 referred), had considered a report of the Monitoring Officer (A.1) which had presented the updated revised version of the Planning Probity Protocol, following consultation with the members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons.

It had been reported that some themes emerging from the consultation were:

-    the concept of Bias needed to be stronger.

-    stronger links to the Members’ Code of Conduct, declarations of interest and the impact of participation at meetings.

-    importance of seeking advice earlier.

-    a determination should be made as to which Planning Applications submitted by Officers of the Council in their personal capacity should be submitted to the Planning Committee for determination i.e. Senior Officers above a certain grade and all Officers employed within Planning Services and Legal Services.

-    the importance of Member Training needed to be stressed within the Planning Probity Protocol.

-    stronger details needed around Planning Committee Members attending public meetings with applicants, developers and objectors, and

-    site visits section needed to be stronger relating to the exceptional circumstances.

Members had been made aware that the outcome of the consultation had been set out in detail in Appendix B of the Officer report. In addition, it had been considered necessary to include some text around the Protocol on Member and Officer Relations, as that had been omitted in the first review and was relevant.

It had been RESOLVED that the Standards Committee –

(a)   notes the outcome of the consultation with the members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons;

(b)   endorses the revised Planning Probity Protocol (subject to tracked changes being accepted as well as the typing errors being amended) and recommends to Full Council that it be adopted and incorporated into the Council’s Constitution;

(c)   subject to (b) includes an additional recommendation to Full Council that the Planning Committee’s Terms of Reference be amended to reflect the proposed seniority of Officers and all Officers within Planning and Legal Services personal planning applications to be referred to the Planning Committee; and

(d)   subject to Full Council’s approval of the Planning Probity Protocol, that training on the Protocol forms part of the Mandatory Training as required by Council Procedure Rule 33.3 for Members of the Planning Committee.

Resolutions (b), (c) and (d) above were pertinent to the joint report (A.3).

The Cabinet, at its meeting held on 17 March 2025 (Minute 143 referred), had considered the recommendations put forward by the Standards Committee.

Cabinet had decided to recommend to Full Council that:-

(1)   the revised Planning Probity Protocol be adopted  ...  view the full minutes text for item 133.

To consider proposed amendments to the Constitution that have been submitted by the Cabinet.

Council considered a joint report of the Monitoring Officer and the Cabinet (A.4) which asked Council to approve the Cabinet’s recommended changes to the Constitution which followed a review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for that purpose.

It was reported that the main proposals covered several miscellaneous amendments to the Articles of the Constitution, Council Procedure Rules and the Overview and Scrutiny Procedure Rules, to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level.  The key changes to each of those documents were highlighted within the body of the joint report.

Members were informed that the Review of the Constitution Portfolio Holder Working Party (CRWP) had met on 19 February 2025 and the meeting had been attended by its Chairman, the Corporate Finance & Governance Portfolio Holder (Councillor M E Stephenson) as well as Councillors Guglielmi, Kotz, Talbot and Wiggins.

The recommendations arising from that meeting of the CRWP had then been submitted to the meeting of the Cabinet held on 17 March 2025, together with some additional minor amendments that had been required for clarity highlighted by the Section 151 Officer and the Monitoring Officer and the Leader of the Council who was proposing to amend the responsibilities for Cabinet and an individual Portfolio Holder, in one area.

Councillors M E Stephenson, Kotz, Harris and Platt spoke during the debate on this matter.

Having considered the outcome of the annual review of the Constitution carried out by the Review of the Constitution Portfolio Holder Working Party, together with the additional items put forward by the Section 151 Officer, the Monitoring Officer and the Leader of the Council and the Cabinet’s recommendations arising from its consideration of the aforementioned matters, and to enable those recommendations to be approved and adopted:-

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

RESOLVED that Council -

1.   approves that:

(a)     the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to J attached to the joint report (A.4); and

(b)     the membership of the Audit Committee be increased to seven (from five) with effect from the Annual Meeting of the Council on 29 April 2025.

2.   endorses the intention to introduce from April 2025 a new box within the standard template for Cabinet and Committee reports and that the new box will be headed “Devolution and Local Government Reorganisation Implications”.

3.   notes the Leader of the Council’s intention to amend the Scheme of Delegation to Portfolio Holders, especially in relation to the process regarding Traffic Regulation Orders, as set out in Appendix K to the joint report (A.4).

The Council is asked to consider any reports submitted to it by an Overview and Scrutiny Committee.

Council would consider any reports submitted to it by an Overview and Scrutiny Committee.

No such reports had been submitted for consideration at this meeting.

To seek Council’s approval of the Human Resources & Council Tax Committee’s proposed amendments to the Terms of Reference of the Committee to include the determination of Appeals of Chief Officers for recommendation onto Full Council, together with a recommendation to establish a Chief Officer Employment Appeals Sub-Committee and to review the Council’s HR Policies and Procedures, to ensure they are consistent with the changes concerning appeals processes.

Council considered a reference report from the Human Resources and Council Tax Committee (A.5) which sought Council’s approval of the Human Resources & Council Tax Committee’s proposed amendments to the Terms of Reference of the Committee to include the determination of Appeals of Chief Officers for recommendation onto Full Council, together with a recommendation to establish a Chief Officer Employment Appeals Sub-Committee and to review the Council’s HR Policies and Procedures, to ensure they were consistent with the changes concerning appeals processes.

It was reported that at its meeting held on 24 February 2025 (Minute 20 referred), the Human Resources and Council Tax Committee (“the Committee”) had been made aware of the context of Officers seeking to amend the Terms of Reference of the Human Resources Committee.

The Council’s Staff Handbook stated that: “Employees have a right to appeal against any formal disciplinary decision. The appeals procedure was part of the Disciplinary Policy and Procedures.” Members were told that the Disciplinary Policy and Procedures issued by Human Resources and last updated in October 2017 stated:-

“15. APPEALS PROCEDURE

15.1 Refer to Appeal Policy”

APPEALS PROCEDURE (Updated August 2012):

“As an employee of the Council, there may be occasions where a formal decision was required to be taken about your employment. Where this occurs, formal policies and procedures will be followed to ensure a fair process is applied. It is essential that any actions or decisions made are based on facts and evidence provided as part of that process.

There may, however, be times where an employee is unhappy with the decision made or action taken. Where this occurs, they have the right to appeal against that decision. The purpose of the Appeals Procedure is to outline the process which will be followed when exercising the right of appeal.

The right of appeal will usually apply where decisions are taken regarding the outcome of a disciplinary or capability hearing, formal grievance or redundancy selection. In all cases, the appeals process will be the same and further advice relating to each specific procedure can be found in the following policies:

• Disciplinary Policy, Rules and Procedure

• Grievance Procedure”

Members had also been made aware that in paragraph 2.2 of the Disciplinary Policy and Procedure, the Scope of the Procedure was stated as:

“The procedure applies to all employees of Tendring District Council, with the exception of the Council’s Statutory Officers who are covered by National Employer’s procedures. These are agreements of the Joint Negotiating Committee (JNC) for Chief Executives and Chief Officers of Local Authorities. Cases where an employee’s ability to undertake the job they are employed to do is in question, will normally be dealt with under the Capability Procedure. Human Resources will advise on the best course of action to take in these circumstances.”

Officers had informed Members that, in September 2022, the Handbook for Chief Executives had been updated by the Joint Negotiating Committee for Chief Executives. The Conditions of Service for Local Authority Chief Officers had been  ...  view the full minutes text for item 136.

To present for Council’s approval the Pay Policy Statement for 2025/26.

The Chief Executive declared an Interest in the subject matter of this item and left the meeting whilst Council deliberated and reached its decision.

It was reported that at its meeting held on 24 February 2025 (Minute 17 referred), the Human Resources and Council Tax Committee had considered a report of the Head of People (A.3) which had sought the Committee’s endorsement of the draft Pay Policy Statement 2025/26.

The Committee heard that the Localism Act 2011, Chapter 8 (Pay Accountability) Sections 38 and 39, required the Council to prepare a Pay Policy Statement that articulated the Council’s approach to a range of issues relating to the pay of its workforce.

Members were told that, Schedule 2 of Part 3 of the Constitution confirmed Full Council was responsible for the preparation and approval of a Pay Policy Statement for the upcoming financial year in accordance with Chapter 8 of the Localism Act 2011.

Officers informed Members that the Human Resources and Council Tax Committee had historically overseen the preparation of a draft Pay Policy Statement for recommendation onto Full Council for its approval and adoption.

Members were also informed that matters that must be included in the statutory Pay Policy Statement were as follows:-

  A local authority’s policy on the level and elements of remuneration for each Chief Officer.

  A local authority's policy on the remuneration of its lowest-paid employees (together with its definition of “lowest-paid employees” and its reasons for adopting that definition).

  A local authority’s policy on the relationship between the remuneration of its Chief Officers and other Officers.

  A local authority’s policy on other aspects of Chief Officers’ remuneration: remuneration on recruitment increases and additions to remuneration, use of performance related pay and bonuses, termination payments and transparency.

The Committee had been reassured that the draft Pay Policy Statement 2025/26 outlined the Council’s approach to remuneration, detailing policies on the pay of Chief Officers and the lowest-paid employees, the relationship between different levels of pay, and the Council’s adherence to the National Pay Grades set by the National Joint Council (NJC). The adoption of this framework ensured a fair and transparent approach to remuneration, including incremental progression based on service length and performance.

Members had noted that the statement covered discretionary allowances for statutory and non-statutory officers, market forces supplements to address recruitment and retention challenges, and the Council’s policies on organisational change, redundancy payments, pay protection, and access to the Local Government Pension Scheme.

The Committee had been informed about the Council’s position on mileage and subsistence payments, overtime, and standby allowances. The document emphasised transparency and compliance with statutory regulations, including gender pay gap reporting, off-payroll working rules, and severance payments.

Officers had reported limited changes in the 2025/26 draft Statement, except for the implementation of the 2024/25 pay award, following agreement between National Employers and National Unions. The document had been reviewed to ensure legal compliance, best practice, and high transparency for staff and residents of Tendring. Changes in the draft Pay Policy Statement  ...  view the full minutes text for item 137.

To enable Full Council to consider the recommendations made by the Human Resources and Council Tax Committee following that Committee’s review of previous changes made to the Chief Executive’s Terms and Conditions.

The Chief Executive declared an Interest in the subject matter of this item and left the meeting whilst Council deliberated and reached its decision.

Council was asked to consider the recommendations submitted to it by the Human Resources and Council Tax Committee in respect of the review of changes to the Chief Executive's terms and conditions of employment.

It was reported that at its meeting held on 24 February 2025 (Minute 16 referred), the Human Resources and Council Tax Committee had considered a report from the Head of People regarding the outcome of the review of the Chief Executive’s terms and conditions of employment.

The Committee had heard that, at its meeting on 8 August 2024, the Human Resources Sub-Committee Panel had received a report in respect of the current terms and conditions of employment of the Chief Executive and, specifically, the reduced working hours (of 27.75 hours per week) approved by Council on 25 January 2022. The substantive post on the Council’s establishment remained at 37 hours per week. In approving the reduced working hours arrangement for the post holder (Ian Davidson), Full Council had determined that there should be annual reviews of the operation of the revised working hours arrangement.

Members had been informed that, in deciding to review the operation of the revised working hours arrangement for the current post holder, the Council had not specified the mechanism for that review. To advance that process, it had been determined that the composition of the Human Resources Sub-Committee Panel, as established by the Council, along with their role outlined for the Sub-Committee in the Officer Employment Procedure Rules concerning Statutory Officers, constituted the most effective approach for conducting such reviews.

Officers had informed the Committee that the Panel was composed of the Leader of the Council, the Deputy Leader of the Conservative Group and the Group Leader of the Independent Group (and Chairman of the Human Resources and Council Tax Committee). It also had had the benefit of the presence and insight of Councillor Calver (a member of the Labour Group and Vice-Chairman of the Human Resources and Council Tax Committee).

The Committee had been made aware that the special nature of the post of Chief Executive meant that the terms and conditions were set by the Joint Committee for Local Authority Chief Executives, as set out in the Chief Executives’ Handbook, and locally agreed by Full Council, following the advice and recommendations of the Human Resources and Council Tax Committee.

Members noted that to assist the Panel in undertaking the review, the Panel had been presented with the statements of the former Leader of the Council, former Councillor Neil Stock OBE, from the time of the original request to reduce the contractual working hours, as well as written representations from Councillor John Spence CBE, Chairman of the Essex Health and Wellbeing Board. Additionally, the Panel had been apprised of Mr Davidson’s notable achievements during his tenure as the Council’s Chief Executive, and reference had been made to  ...  view the full minutes text for item 138.

To inform Council of the outcome of a review of the allocation of seats to political groups carried out in accordance with Section 15(1) (e) of the Local Government and Housing Act 1989 and Regulation 17(b) and (d) of the Local Government (Committees and Political Groups) Regulations 1990.

Council was aware that, following Councillor Bush’s and Councillor Thompson’s decisions on 21 and 17 January 2025 respectively to leave the Tendring Independents political group and to join the Reform UK political group and also following the By-Election held on 6 February 2025 in The Bentleys & Frating Ward, a review of the allocation of seats to political groups on relevant Committees and Sub-Committees had needed to be carried out in accordance with Section 15(1) (e) of the Local Government and Housing Act 1989 and Regulation 17(c) of the Local Government (Committees and Political Groups) Regulations 1990.

Council, with the assistance of the contents of the Chief Executive’s report (A.8), formally conducted the review referred to above.

Members had had circulated to them prior to the commencement of the meeting an amended Appendix 1 to the report A.8. That Appendix had been amended to reflect the wishes of the Leader of the Conservative Group in respect of his Group’s nominations in relation to the Planning Policy & Local Plan Committee.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED that –

(a)     Council confirms that the political balance rules shall not be applied to the Tendring/Colchester Borders Garden Community Joint Committee and the Town & Parish Councils Standards Sub-Committee;

(b)     Council approves the review of the allocation of places on relevant Committees, as set out in Table 2 above in so far as it sets out the total number of seats on all those Committees to be allocated to political groups represented on the Council, (principle (c) of the “Principles”);

(c)     Council approves, subject to the subsequent consideration of (d) below, the number of seats on each relevant Committee to be allocated to political groups such that, for each group, their proportion of seats on individual Committees is proportionate to their overall membership on the Council (principles (c) and (d) of the “Principles”):

Table 8

(d)     That the following changes to the allocations set out in Table 8 above be approved (the relevant allocations are shown ‘*’ in Table 8):

(1)     the Labour Group to have two seats on the Human Resources & Council Tax Committee (instead of one), two seats on the Licensing and Registration Committee (instead of one) and no seat on the Resources and Services Overview & Scrutiny Committee (instead of one  ...  view the full minutes text for item 139.

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The time allocated for receiving and disposing of questions shall be a maximum of 30 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members the following working day unless withdrawn by the questioner.

Subject to the required notice being given, Members of the Council could ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

One such Question on Notice had been submitted for this meeting as follows:-

Councillor Amos asked the Portfolio Holder for Economic Growth, Regeneration & Tourism (Councillor I J Henderson):-

“At the 6 August 2024 full Council meeting I asked a question about investment in Clacton Town Centre and particularly the wrapping of the empty shops. The answer I received was that this would be done in the Autumn, and yes, at the beginning of November some shops were indeed wrapped.

Disappointingly though there are still at least eight shops not wrapped and looking unkempt and so the Town Centre still looks scruffy and dirty which is not likely to encourage business investment! 

My question therefore is: Where is the town centre regeneration money for Clacton that matches what is being invested in Dovercourt High Street?”

The Portfolio Holder for Economic Growth, Regeneration & Tourism responded as follows:-

“I would like to thank Cllr Amos for his question regarding investment and regeneration in Clacton Town Centre.

I can confirm that while some progress was made in November with several shop fronts being successfully wrapped, it is correct to point out that a number of premises remain untreated.  Whilst it remains our ambition to wrap all empty shops, we are not able to make any adaptions to privately owned premises without the express permission of the property owner. And despite continued attempts, we have been unable to gain permissions for the remaining empty shops.

In contrast to the position in Dovercourt High Street, where most properties are represented by a few local estate agents, Clacton's commercial property landscape is significantly more fragmented.  To provide an example of the challenges we are faced with, one property owner has been contacted on nine separate occasions and has yet to even respond.  Therefore, we cannot wrap the shops without the owners’ consent.

In addition to shop wrapping, the Council has significantly improved town centre cleaning and through the UK Shared Prosperity Fund, supported local organisations to stage town centre events, a Pop-up Art Gallery and provided grants for shop front improvements which will also continue through 2025.

I am also pleased to say that in the coming weeks and months you will see an installation of new banners around the Town Centre to provide a vibrancy and further animate the area.  Public safety will be improved through improvements to the towns CCTV coverage, with up 20 cameras being upgraded and new cameras installed at additional locations including the High Street.  And where necessary, we will be working across the organisation to consider the range of enforcement powers available to encourage business owners to address poorly managed properties.

I should point out however that this is just the beginning of our significant ambition for regeneration. As Members of the Council will be aware, the Clacton Town  ...  view the full minutes text for item 140.

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p).

No urgent matters had been submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p) for this meeting.