Agenda item

To enable Council to consider the Cabinet’s and the Planning Policy & Local Plan Committee’s recommendations that a Joint Tendring Colchester Borders Garden Community Committee is appointed for the discharge of executive and non-executive functions related to the TCBGC and that the Terms of Reference of the Joint Committee are included within Part 3 of the Council’s Constitution.

Earlier on in the meeting, Councillors G V Guglielmi and Turner had each declared for the public record that they were this Council’s representatives on the Tendring Colchester Border Garden Community (TCBGC) Member Group.

Council considered the Cabinet’s and the Planning Policy & Local Plan Committee’s recommendations that a Joint Tendring Colchester Borders Garden Community (TCBGC) Committee be appointed for the discharge of executive and non-executive functions related to the TCBGC and that the Terms of Reference of the Joint Committee were included within Part 3 of the Council’s Constitution.

Planning Policy & Local Plan Committee – 11 November 2021 (Minute 23)

At its meeting held on 11 November 2021 the Planning Policy & Local Plan Committee had considered a report of the Deputy Chief Executive & Monitoring Officer (A.1) which had sought its approval to formally recommend to Full Council that a joint Development Plan Document be prepared together with Colchester Borough Council; and further that a Joint Committee be established with Colchester Borough Council and Essex County Council in relation to the Tendring Colchester Borders Garden Community.

Having considered all of the information and advice contained in the Officer report and its appendices that Committee had:-

“RESOLVED that the Planning Policy & Local Plan Committee recommends to Full Council that –

(a)    a joint Development Plan Document is prepared together with Colchester Borough Council in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004;

(b)    a Joint Committee is established with Colchester Borough Council and Essex County Council in relation to the Tendring Colchester Borders Garden Communityfor the discharge of executive and non-executive functions related to TCBGC, pursuant to Sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972 on the terms of reference attached at Appendix A to item A.1 of the Report of the Deputy Chief Executive & Monitoring Officer; and

(c)    the third elected Member of the Joint Committee to be appointed by the Full Council should be a Member from a political group that is not represented on the Cabinet.”

Cabinet – 12 November 2021 (Minute 77)

At its meeting held on 12 November 2021 Cabinet had considered a report of the Corporate Finance & Governance Portfolio Holder (A.7) which had sought its approval for referral to Full Council the draft terms of reference of a Joint Committee to be established for the Tendring Colchester Borders Garden Community together with Tendring District Council, Colchester Borough Council and Essex County Council.

Having considered all of the information and advice contained in the Portfolio Holder’s report and its appendices, Cabinet had:-

“RESOLVED that Cabinet –

(a)   endorses the proposal that a joint Development Plan Document be prepared together with Colchester Borough Council, and further that a Joint Committee is established with Colchester Borough Council and Essex County Council in relation to  the Tendring Colchester Borders Garden Community;

(b)   agrees that all three Councils should be represented on the appointed Joint Committee with full voting rights;

(c)   agrees that executive functions in relation to the preparation of the joint Development Plan Document are delegated to be discharged by the appointed Joint Committee in accordance with Sections 101(5) and 102(1)(b) of the Local Government Act 1972;

(d)   agrees that each Council should be represented on the appointed Joint Committee with 3 members each under Section 102(2) of the Local Government Act 1972, one of which will be a member of the Cabinet, appointed by the Leader of the Council;

(e)   agrees the Terms of Reference for the Joint Committee, as set out in Appendix A to item A.7 of the Report of the Leader of the Council, for recommendation onto Full Council in respect of non-executive functions;

(f)   endorses the Leader of the Council to delegate further executive functions to the Tendring Colchester Borders Garden Community Joint Committee, in consultation with the Monitoring Officer and the Section 151 Officer;

(g)   authorises the Acting Director (Planning), in consultation with the Leader of the Council and the Portfolio Holder for Corporate Finance and Governance to enter into a partnership agreement between the Councils, if deemed necessary, in order to support the operation of the Joint Committee and Tendring Colchester Borders Garden Community project; and

(h)   authorises the Portfolio Holder for Corporate Finance and Governance to allocate further financial contributions from the existing Garden Communities budget to support the Tendring Colchester Borders project for the purposes of local plan making.

RECOMMENDED TO FULL COUNCIL that:

(i)    a Tendring Colchester Borders Garden Community Joint Committee be appointed for the discharge of executive and non-executive functions related to TCBGC, pursuant to Sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972 on the terms of reference attached at Appendix A to item A.7 of the Report of the Portfolio Holder for Corporate Finance & Governance;

(j)    Part 3 of the Constitution (Responsibility of Functions) be amended to include the Terms of Reference of the Joint Committee; and

(k)   the Terms of Reference of the Planning Policy and Local Plan Committee be amended, as set out in Appendix B to the aforementioned report.”

Councillors Turner, I J Henderson, G V Guglielmi and Stock OBE spoke during the discussion of this item.

Having duly considered the recommendations submitted by the Planning Policy & Local Plan Committee and the Cabinet:-

It was moved by Councillor Turner, seconded by Councillor G V Guglielmiand:-

RESOLVED that Council approves that –

(a)    a joint Development Plan Document is prepared together with Colchester Borough Council in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004;

(b)    a Tendring Colchester Borders Garden Community (TCBGC) Joint Committee be appointed for the discharge of executive and non-executive functions related to TCBGC, pursuant to Sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972 on the terms of reference attached at Appendix C to item A.3 of the Joint Reference from the Cabinet and the Planning Policy & Local Plan Committee;

(c)    Part 3 of the Constitution (Responsibility of Functions) be amended to include the Terms of Reference of the Joint Committee;

(d)    the Terms of Reference of the Planning Policy and Local Plan Committee be amended, as set out in Appendix D to the aforementioned Joint Reference report;

(e)    the Chairman of the Planning Policy & Local Plan Committee (currently Councillor Turner) and Councillor Bush (as the Member from a political group that is not represented on the Cabinet) be appointed to serve on the Tendring Colchester Borders Garden Community Joint Committee;

(f)     Councillor Bray be appointed as a substitute member of the Joint Committee; and

(g)    the Leader of the Council be requested to appoint a member of the Cabinet to serve on the Tendring Colchester Borders Garden Community Joint Committee.