Agenda item

To present a draft Beach Hut Strategy for adoption following stakeholder consultation; and

To agree the implementation of the subsequent work strands.

RESOLVED that Cabinet –

(a) notes the outcome of the public consultation undertaken on the draft Beach Hut Strategy, as set out in the Portfolio Holder’s report;

(b) notes the outcome of the Task and Finish Review Working Group undertaken on behalf of the Resources and Services Overview and Scrutiny Committee and their recommendations received as considered earlier in the meeting;

(c) in relation to (a) and (b) above, notes the changes made to the draft strategy as a result of the consultation exercise, including the process for issuing commercial beach hut leases (following the first round of consultation) and the consideration of a ‘buffer period’ in restricting future agreements to one per household;

(d) notes the proposed changes to the revised draft Beach Hut Strategy, and approves the same for adoption;

(e) delegates the approval of a revised Beach Hut design specification to the Assistant Director (Building & Public Realm), in consultation with the Portfolio Holder for Leisure and Tourism;

(f) agrees the Heads of Terms for a new commercial lease (Appendix C) and delegates authorisation for the final lease agreement to the Corporate Director (Operations & Delivery), in consultation with the Portfolio Holder for Leisure and Tourism and the Head of Legal Services;

(g) delegates agreement of an approved criteria, upon which applications for commercial licences can be made, to the Assistant Director (Building & Public Realm), in consultation with the Portfolio Holder for Leisure and Tourism;

(h) agrees to set fees and charges for commercial leases at twice the value (double) of the comparative standard annual charge;

(i) agrees to the overall principle of changing from licence agreements to leases from 1 April 2024, for a term of less than 7 years and based on the market valuation for the relevant location, recognising the increased administration and costs to all parties on leases for longer than 7 years with the respective fees and charges and detailed lease terms to be agreed by the Portfolio Holder for Leisure and Tourism; and

(j) agrees that operational implementation of (i) above will be authorised by the Corporate Director (Operations and Delivery), in consultation with the Portfolio Holder for Leisure and Tourism and the Head of Legal Services, reflecting the resources required.

Councillor Allen declared a Personal Interest in that he was the Mayor of Frinton and Walton Town Council and that the Town Council owned two beach huts that it rented out exclusively to residents residing within the Parish.

Councillor Chapman BEM declared a Personal Interest insofar as her family held a licence for a beach hut in Brightlingsea.

Cabinet considered a report of the Leisure and Tourism Portfolio Holder (A.10), which sought its approval for the adoption of the Beach Hut Strategy following stakeholder consultation and for the implementation of the subsequent work strands.

Members recalled that the Council had adopted the current Beach Hut Strategy in 2013. This revision of the existing strategy aimed to update a number of issues relating to beach huts, to ensure beach hut conditions were adhered to, and appropriate resources were considered to monitor the service.

Following a ‘pre consultation’ process which had engaged 2,673 stakeholders, Cabinet had considered a draft revised Beach Hut Strategy in November 2022 and had then instructed Officers to carry out a further consultation exercise, to allow stakeholder comments on the proposals.

It was reported that the proposals set out in the draft strategy were aimed at improving the beach hut service going forward, in terms of improvements to seafront aesthetics, ensuring a regulated service for rentals and improved governance. The key strands which had been the subject of the public consultation were as follows:-

· Implementing Commercial Agreements for those wishing to rent

· Limiting Beach Hut Agreements to one per household

· A review of the Beach Hut design specification

· Addressing Beach Hut Adaptations

· Resourcing additional enforcement

· A move towards a digitalised service

· Building new beach huts

· A move from licence agreements to leases

Cabinet was informed that the consultation had been completed by 1507 stakeholders and that their views and comments had been taken into consideration in the production of this final draft. Key points for Cabinet’s consideration arising from the consultation were as follows:

· The majority of consultees either strongly disagreed or disagreed with the proposal to implement commercial agreements for those wishing to rent. Following an evaluation of the comments received, those responses could be divided into two sections:-

i. Those who were concerned about the number of users renting huts were excessive and led to disturbance; and

ii. Those who felt they should be able to rent under the existing agreements.

· The majority of consultees either strongly disagreed or disagreed with the proposal to limit beach hut agreements to one per household. It was noted however, that of Tendring residents completing the consultation, a majority were actually in favour of this action.

· The majority of consultees either strongly disagreed or disagreed with the proposal to move from licences to leases. After evaluating the comments received, it was clear that a large proportion of the consultees and their respective Beach Hut Associations, felt they could not agree to this proposal, without knowledge of the price increase and what the proposed agreements would entail. The Cabinet report accompanying the draft strategy in November 2022, had been clear that the fees would increase, but that this would be determined by an independent evaluation if Cabinet agreed to the principal of that proposal.

· With regards to the other proposals, the majority of stakeholders either strongly agreed or agreed with the Council’s position.

Having taken into account the outcome of the second round of consultation responses, Cabinet noted there were proposed changes to the Strategy as detailed within the Portfolio Holder’s report.

Cabinet was aware that a Task and Finish Group under the Resources and Services Overview and Scrutiny Committee had been initiated in relation to the Council’s Emerging Beach Hut Strategy Review, which had met with Officers, Beach Hut Associations and the Portfolio Holder for Leisure and Tourism. They had also met with a group of Beach Hut licence holders who had been renting their huts out to visitors. A separate report had been produced (see Report A.5 considered above) on behalf of the Task and Finish Group, for the Resources and Services Overview & Scrutiny Committee (“the Committee”).

The Portfolio Holder for Leisure and Tourism recorded his thanks to the Task & Finish Group and the Committee for their work on this strategy review and had considered their recommendations. His responses were:-

a) The Committee recommends that future charges for lease agreements are set at a fair and reasonable level. This is relevant for both commercial and mainstream leases. This should also be appropriate for any new Beach Huts made available for purchase or lease in the future.

Portfolio Holder Response:

An independent valuation of prospective lease charges was commissioned, to ensure Cabinet could fully consider the recommendation for the change in Beach Hut agreements. Although this is only an indicative cost at this stage (the valuation will be considered closer to implementation), it is hoped this provides reassurance that future charges would be set at a fair and reasonable level. Furthermore, the Committee should be reassured that agreement of a future non-commercial lease and related charges would be agreed by the Portfolio Holder through an Executive Decision. This will be subject to the Council’s Call in Procedure rules. The setting of charges and respective heads of terms for a Commercial Lease are being agreed through this report. Research from other Local Authorities demonstrates that the doubling of appropriate charges for commercial agreements is fair and appropriate.

b) It is recommended that terms and conditions included in lease agreements are fair and equitable and in consultation with Beach Hut owners.

Portfolio Holder Response:

The Committee are directed to the response provided for the recommendation above.

c) The Committee recommends that appropriate resources are put in place for administration involved in implementing the strategy. They asked for consideration be given to the subsequent cost to the Council of processing leases and that subsequent costs are reported back to this Committee.

Portfolio Holder Response:

The Committee should note that there are no financial commitments to the Council, as a result of this report. Any future additional resources will be subject to a separate report and decision. As such, they will be subject to due process, which can be reported back to the Resources and Services Overview and Scrutiny Committee.

d) The Committee recommends that bright colours and vibrant designs be included in the revised design specification for Beach Huts, when this is produced following adoption.

Portfolio Holder Response:

The Committee should note that one of the key strands of the strategy, is to revise the current specification. It should also be noted that bright colours are referred to in the draft strategy, as below:

‘The proposed revised and improved specification will provide the framework for improved aesthetics of Beach Huts. This will also ensure huts are more vibrant and visually impactful, through a move towards brighter and starker colours.’

As such, the Portfolio Holder is in agreement with this positive move to improve seafront aesthetics.

e) The Committee recommends that there is acknowledgement of the differences in seafront locations along the Tendring District and their respective unique features, such as cliff slopes and how they impact Beach Hut design for the emerging specification review.

Portfolio Holder Response:

The points raised by the Committee are noted and will be considered in producing the revised design specification.

f) Noting the point above, it is recommended that certain limited Beach Hut adaptations in parts of the District were included in the future specification for reasons of access, e.g. appropriate access steps on cliff slopes. This should be considered on a location-by-location basis.

Portfolio Holder Response:

The points raised by the Committee are noted and will be considered in producing the revised design specification.

g) It is recommended that a map was attached to the emerging strategy to clearly define which land was owned by Tendring District Council.

Portfolio Holder Response:

The points raised by the Committee are noted and if approved by Cabinet, a map defining the land owned by the Council will be produced for publishing on the website.

h) It is recommended that no Beach Hut designs should be permitted that are contrary to current or legislation.

Portfolio Holder Response:

The points raised by the Committee are noted and any statutory requirements will be addressed in production of the Beach Hut agreements.

i) To ensure high standards were maintained on Beach Huts and their use, it is recommended that adequate resources should be in place for appropriate enforcement action.

Portfolio Holder Response:

As referred to in a previous response, there are no additional financial commitments to this strategy and as such, no additional resources are funded through this report. The Committee’s point is noted and as referred to in this report, any future proposed resources would be funded through a standalone business case under a separate decision.

j) The Committee recommends that a reasonable timescale for adaptations to be removed which fall outside of the revised specification, is agreed. The timescale recommended is a period up to two years.

Portfolio Holder Response:

Once the revised design specification is complete, the Council will work with Beach Hut owners to ensure timely removal of any unauthorised adaptations. The timescales involved will be proportionate to the type of adaptation involved, the degree of complexity and any appropriate additional circumstances. The period of ‘up to two years’ recommended by the Committee is noted, but each situation will be based on a case by case basis.

k) The Committee recommends that the Council continues to support those without access or ability to use digital platforms are still able to deal with a member of staff. As such, sufficient resources should remain in place.

Portfolio Holder Response:

The points raised by the Committee are noted and appropriate resources will remain in place to support those customers without access to digital platforms.

Finally, the Committee’s comment that the ‘New Beach Hut Strategy returns to the Resources and Services Overview and Scrutiny Committee for review in 12 months’ time’ are noted.

In order to allow the Beach Hut Strategy to be adopted and Officers to implement the actions and principles included within:-

It was moved by Councillor Porter, seconded by Councillor P B Honeywood and:-