Agenda item

To notify Members of recent Executive Decision(s) taken in the circumstances set out in the Council’s Constitution in:-

 

(a)   Rule 15 of the Access to Information Procedure Rules (Special Urgency); and/or

 

(b)   Rule 18(i) of the Overview and Scrutiny Procedure Rules (Call-in and Urgency); and/or

 

(c)     Rule 6(b) of the Budget and Policy Framework Procedure Rules.

 

Minutes:

Council considered a report of the Leader of the Council (A.1) that, in accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules, notified Members of recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules.

 

(1)     Short Term Licence to Occupy over Rush Green Bowl, Rush Green Road, Clacton-on-Sea

 

On 23 June 2026, in view of the urgency of the issue concerned, and in accordance with Rule 15 of the Access to Information Procedure Rules, the Corporate Director (Planning & Community), acting on behalf of the Portfolio Holder for Assets & Community Safety, had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that the Portfolio Holder’s urgent “Part B” decision, relating to the agreement of terms for a short-term licence to Clacton Town Football Club Ltd could be taken under the special urgency procedure and therefore be automatically exempted from the call-in procedure.

          

The Portfolio Holder’s decision had been as follows:-

 

(a)     To agree terms for a short-term licence to Clacton Town Football Club Ltd on terms and conditions set out in Appendix A; and

 

(b)     To authorise the Corporate Director for Planning and Community to complete the licence on the agreed terms and on any other terms as he considers appropriate.

 

It had been felt that any delay likely to be caused by the normal “Part B” decision process and/or the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

 

“The Football Club required the licence to be confirmed imminently in order to enter into new contracts with utility companies.”

 

This decision enabled this Council to regularise current occupation arrangements and ensure appropriate legal and governance controls.  As well as enabling continued community use of the facility whilst allowing time for a compliant and transparent tender process, it also meant that the current football club operating from the site avoided losing their place in the league, which would have prejudiced their position when it came time to submit a tender.

 

(2)     Extension of the Householder Permit scheme through July and August 2026 for Orwell Place car park, Dovercourt

 

On 10 July 2026, in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules (Call-in and Urgency), the Portfolio Holder for Leisure & Public Realm sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that the Portfolio Holder’s urgent  decision, relating to the extension of the householder permit scheme through July and August 2026 for the Orwell Place car park, Dovercourt, would be exempted from the call-in procedure.

 

The Portfolio Holder’s decision had been as follows:-

 

“To extend the householder permit scheme through the months of July and August 2026 for Orwell Place car park Dovercourt.”

 

It had been felt that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

 

“That the public works in Dovercourt were already underway removing parking bays and the mitigating actions for parking to support local firms were required immediately.”

 

It was moved by Councillor M Stephenson and:-

 

RESOLVED that the contents of the report be noted.

Supporting documents: