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

The provisions of Council Procedure Rule 12.5, (Professional Advice of the Council’s Statutory Officers on the Motion) require the Council’s three statutory officers (i.e. Monitoring Officer, Section 151 Officer and Head of Paid Service), once the Motion has been accepted as being valid, to produce a formal Advisory Note detailing any necessary initial professional advice in relation to the implications for the Council of that Motion. That Advisory Note will focus on implications for the Council relating to budgetary, constitutional or legislative requirements or staffing matters.

In this instance, the Council’s Statutory Officers have not yet indicated whether they need to provide any such professional advice and whether therefore an Advisory Note(s) does need to be produced on this occasion.

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

“(A)      This Council notes that:-

(i)         the Chancellor of the Exchequer, Rachel Reeves MP, announced in the Budget on 30^th October 2024, changes to Agricultural Property Relief (APR) and Business Property Relief (BPR); and

(ii)        this will potentially seriously affect the District of Tendring as a significant percentage of our District is of a rural nature with farming significantly contributing to our local economy.

 (B)      Therefore this Council, in accordance with the Corporate Plan themes of “Pride in our area and services to residents” and “Championing our local environment”requests that –

(1)       the Leader of Tendring District Council, Councillor Mark Stephenson, through a resolution from Cabinet instructs Officers:-

(a)    to establish the total number of commercial farms and smallholdings operating and based in the Tendring District; and

(b)    via consultation with local farmers and investigation, to determine a realistic assessment of the potential impact on these businesses and the subsequent impact on the District of Tendring and the local economy.

(2)       the findings of the above be reported back to Cabinet and thenceonto the relevant Overview and Scrutiny Committee at the earliest opportunity given the potential serious implications.

(3)       the findings together with the Cabinet’s final decision on this matter be reported to Full Council for its information.”

Prior to the commencement of the meeting the Council’s Monitoring Officer (Lisa Hastings), pursuant to Council Procedure Rule 12.5 had produced and circulated to Members an Advisory Note that set out the statutory officers’ professional advice in relation to this motion as follows:-

“SECTION 151 OFFICER:

There is likely to be a relatively significant cost involved and an appropriate budgetary amount would need to be set aside as part of considering this motion, or referred to Cabinet for consideration as part of developing the forecast before any associated activities got underway.

HEAD OF PAID SERVICE:

The resources required to undertake detailed research on the impact of a government policy would put significant drain on the capacity of the organisation who are working to deliver Cabinet’s existing priorities, the Committees’ work programmes, as well as business as usual of services across the Council.  The type of data being sought should be in the public domain and the impacted parts of the community will have access to their own bodies and representatives.  

MONITORING OFFICER:

Article 13.02 of the Council’s Constitution sets out the Principles of Decision Making, in that all decisions of the Council must be made in accordance with the following principles:

(a)     Proportionality (i.e. the action must be proportionate to the desired outcome);

(b)     Due consideration of all the relevant factors and options, taking into account the results of any consultation undertaken and the professional advice of Officers;

(c)     Respect for human rights, and equality and diversity;

(d)     A presumption in favour of openness;

(e)     Clarity of aims and desired outcomes; and

(f)      Transparency (i.e. explaining what options were considered and giving the reasons for that decision).

To ensure that decisions made do follow these principles, detailed reports are prepared to support Members’ in making informed decisions, knowing the desired outcomes and resources required (financial and non-financial).  Undertaking research is an Executive function and consequently, it will be Cabinet’s decision whether to proceed or not, even if the motion is supported.

Summary of Statutory Officers’ Advisory Note: COUNCIL PROCEDURE RULE 12:

The Council’s Statutory Officers do not consider that there are reasons why the Motion should not be dealt with at the Council meeting on 26 November 2024.  However, it is important to highlight that based on the above advice, the Council would be unable to agree a budget on the night, as it would be unsure on the figure required to support the resources required.

Any decision by Full Council to support the motion would in effect be an ‘in principle’ decision, and only a recommendation to Cabinet, until such time as the Executive determines whether to exercise the function or not, and agrees a budgeted sum to support the work.”

Councillor Harris formally moved the motion and Councillor Bray formally seconded the motion.

In accordance with the provisions of Council Procedure Rule 12.6 Councillor Harris then explained the purpose of the Motion and Council proceeded to debate it.

Councillor Guglielmi moved and Councillor Fairley seconded that Councillor Harris’ motion be amended insofar as paragraph (B) be altered to read as follows:-

(B)   “Therefore, this Council, in accordance with the Corporate Plan themes of “Pride in our area and services to residents” and “Championing our local environment” requests that —

(1)       The Leader of Tendring District Council, Cllr Mark Stephenson writes to Rachel Reeves MP to ask her to pause the announcement in the Budget of 30^th October 2024 on the Agricultural Property Relief (APR) and Business Property Relief (BPR) until a full and national consultation with all those affected by these changes will have taken place.

(2)       Before this full and national consultation is launched by the Government, it must be prepared with the full co-operation and oversight of the Department for Environment, Food & Rural Affairs (DEFRA) and the National Farmers Union (NFU) who will provide to the Government full details of its members so to reach the maximum number of farmers affected by these changes, thereby giving a proper assessment of the potential impact on their businesses and the subsequent impact on the local economy of Tendring District.

(3)       The Leader of Tendring District Council, Cllr Mark Stephenson lobbies the Local Government Association (LGA) to ask that all its members to likewise write to Rachel Reeves to replicate the action of this Council.”

In addition to Councillor Guglielmi, Councillors M Cossens, Harris, Fairley and M E Stephenson spoke during the debate on Councillor Guglielmi’s amendment.

Councillor Guglielmi’s amendment on being put to the vote was declared CARRIED.

Councillors Bray, Bush, Land, Everett, Harris, I J Henderson, Doyle, Thompson, Baker, Scott, Guglielmi and M E Stephenson spoke during the debate on the substantive motion.

Councillor Guglielmi’s amendment, on being put to the vote as the substantive motion, was declared CARRIED.