Agenda item

To introduce the newly established Tendring Colchester Borders Garden Community Joint Committee appointed for the discharge of specific executive and non-executive functions and to cover any early administrative matters related to the Terms of Reference and Standing Orders agreed by Tendring District, Colchester Borough and Essex County Councils.

Members had before them a report (A.1) which introduced the newly established Tendring Colchester Borders Garden Community (TCBGC) Joint Committee which had been appointed for the discharge of specific executive and non-executive functions. The report also covered any early administrative matters related to the Terms of Reference and Standing Orders agreed by Tendring District Council (TDC), Colchester Borough Council (CBC) and Essex County Council (ECC) (“the three Councils”).

 

The report was introduced by Mr Andrew Weavers, Strategic Governance Manager & Monitoring Officer, Colchester Borough Council.

 

Members were reminded that the Joint Committee’s remit was to jointly discharge those specific executive and non-executive functions related to TCBGC, delegated 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 report A.1. 

 

The functions delegated were set out in 4.2 (a) to (h) (in the aforesaid Appendix A). However, in summary there were two themes, namely:-

 

(i)      To exercise the Council’s functions relating to overseeing the preparation of the joint TCBGC Development Plan Document and ensuring it:

 

a.   is in accordance with the Local Development Schemes;

b.   includes policies designed to secure that the development and the use of land in the garden community area contribute to the mitigation of, and adaption, to climate change;

c.   meets the “tests of soundness” as set out in legislation, national and planning policy and advice contained within guidance issued by the Secretary of State;

d.   has regard to the adopted Section 1 of CBC & TDC’s Local Plan;

e.   has regard to the resources likely to be available for implementing the proposals in the document;

f.    other such matters the Secretary of State prescribes; and

g.   complies with the Council’s Statement of Community Involvement.

 

(ii)     To act as local planning authority to determine planning applications by virtue of the Town and Country Planning (Development Management Procedure) (England) Order 2015, within the TCBGC area. 

 

There were limitations to those delegations and those were set out in paragraphs 4.3 and 4.4. 

 

In addition, Members noted that not all executive functions had been delegated, though further functions in relation to TCBGC might be delegated to the Joint Committee by the Leaders of the three Councils in the future. However, at this time, the initial focus of the Committee would be functions in connection with the preparation of the joint Development Plan Document and to determine any planning applications.  Therefore, it was possible that questions would be raised for consideration which were outside the remit of the Joint Committee and officers would provide advice on those aspects as such matters arose.

    

It was reported that the three Councils were represented on the appointed Joint Committee with full voting rights. However, ECC had decided at its meeting held on 7 December 2021 that its membership would consist of two seats instead of the possible three (as approved by TDC and CBC at their respective earlier meetings), therefore the make-up of the Joint Committee was as follows:

 

Membership:

 

(iii)      2 Members appointed by TDC (one of which must be the Chairman of the Planning Policy and Local Plan Committee) plus 1 Cabinet member appointed by the Leader

(iv)      2 Members appointed by CBC (one of which must be the Chairman of the Local Plan Committee) plus 1 Cabinet member appointed by the Leader

(v)       2 Members appointed by ECC, one of whom should be a Cabinet Member or Deputy Cabinet Member.

 

For the purposes of introducing the Terms of Reference the Joint Committee’s attention was drawn to the following administrative matters:-

 

Quorum:

 

The quorum of a meeting of the Joint Committee was as follows:-

 

(vi)      2 Members from Tendring District Council

(vii)     2 Members from Colchester Borough Council

(viii)    2 Members from Essex County Council

 

Substitute Members 

 

Each Council had appointed one substitute member having the powers and duties as set out in paragraphs 5.2 and 5.3.

 

Training:

 

All members of the Joint Committee will have undertaken suitable training which will have been approved by the parties.  This requirement will be necessary prior to the determination of any planning application, or as deemed necessary by officers advising the Joint Committee.

 

Standing Orders:

 

The Joint Committee would be governed by the Standing Orders set out in Appendix 3 of the Terms of Reference.  Those Standing Orders could be amended by the Joint Committee from time to time within the scope of the Terms of Reference following consultation with the three Councils’ Monitoring Officers.

 

Administration:

 

TDC would be responsible for the administration of the Joint Committee and would undertake all matters connected thereto, including the preparation and dispatch of agendas and securing premises at which the Joint Committee would meet.  

 

Public Speaking Rights

 

Members of the public would have the public speaking rights set out in Annex A, though the Joint Committee had the power to amend the public speaking rights.

 

Members were made aware that there remained some matters to be determined which were as follows:-

 

Venue(s) for the Meetings of the Joint Committee

 

It was felt necessary to agree a regular venue and starting time for the Joint Committee to meet whilst providing flexibility for alternative arrangements if necessary.  It was proposed by Officers that the University of Essex’s Wivenhoe Park Campus be the regular venue for the Joint Committee going forward, due to its proximity to the site of the Garden Community.  However, this would be subject to its availability and a review as to its suitability in the light of the experience for both the Joint Committee and the public.  It was recommended by Officers that the Joint Committee agrees that any interim alternative arrangements would be determined by Officers, in consultation with the Chairman of the Joint Committee. 

 

Public Speaking Rights:

 

During previous discussion on the remit of the Public Speaking Scheme, elected Members had raised whether the ability to address the Joint Committee extended to them? 

 

It was reported that, during the production of the Scheme, it was always intended by Officers that elected Members would have this opportunity within the Scheme.  Therefore it was proposed by Officers that the Joint Committee confirmed that the Scheme should be amended to expressly state that elected Members from TDC, CBC and ECC were able to address the Joint Committee on matters within the agenda.  For the consideration of Planning Applications, Ward or Division Councillors for the Garden Community area or for adjacent wards/divisions would have an additional right to address the Joint Committee.

 

Planning Probity Protocol:

 

Members were aware that the Joint Committee would be able to determine planning applications made in relation to development within the TCBGC area and therefore, it was felt important that a Planning Probity Protocol be adopted for the Joint Committee and it was recommended by Officers that they be instructed to draw up and submit a suggested Protocol to a future meeting of the Joint Committee.

 

Pursuant to the provisions of the Public Speaking Scheme for the Joint Committee, Mr Bill Marshall and Mr James Marchant (Colchester East Action Group) addressed the Joint Committee on the subject matter of this item.

 

Following a discussion and debate on matters pertaining to this report and questions by Members which were answered, as appropriate, by the Deputy Chief Executive & Monitoring Officer (Lisa Hastings), the Strategic Governance Manager & Monitoring Officer (Andrew Weavers) and the Spatial Planning Manager (Matthew Jericho):-

 

It was moved by Councillor Paul Dundas, seconded by Councillor Tom Cunningham and:-

 

RESOLVED that the Tendring Colchester Borders Garden Community (TCBGC) Joint Committee -

 

(a)    notes the executive and non-executive functions related to TCBGC delegated to them pursuant to Sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972, as set out in the Terms of Reference attached at Appendix A to report A.1;

 

(b)    notes that Essex County Council has appointed two members and that the Terms of Reference should be amended by all three Councils accordingly for completeness;

 

(c)    agrees that the regular venue and start time for the meetings of the Joint Committee will be the University of Essex’s Wivenhoe Park Campus at 6pm and that any necessary alternative arrangements will be made by Officers, in consultation with the Chairman of the Joint Committee;

 

(d)    agrees that the Public Speaking Rights Scheme be amended to expressly state that elected members from the three Councils are entitled to address the Joint Committee within the Scheme and that additional rights be given to Ward and Division Councillors (including extra speaking time);

 

(e)    the Monitoring Officers of the three Councils be authorised to agree the wording for the amendments and then to publish the revised scheme; and

 

(f)     requests that Officers produce a draft Planning Probity Protocol for further consideration by the Joint Committee at a future meeting thereof.