Agenda item

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to half an hour.

Three questions have been received, on notice, from members of the public and are attached to the agenda.

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

There were three questions on this occasion as set out below:

Question One

From Mr Dan Casey to Councillor Neil Stock OBE, Leader of the Council:

“Having been asked by the Leader of the Council to present an 1100 signature petition to him and which I presented to him myself at a Cabinet meeting regarding the closure of the Garden Road, Jaywick Sands public toilets, among others.  I was both surprised and annoyed to be told that the petition would not be debated by the councillors because it was not clear who had submitted it, and as stated in the letter I received, the petition did not go through by the correct procedure as it did not say who had presented it and what the petition was for.

Will the Leader of the Council please explain why his administration is undermining its own excellent work in regenerating Jaywick Sands by ignoring the needs of the local community by denying access to public toilets by residents and visitors who wish to make use of the local beaches?

Will he further explain why his administration considered it appropriate to use a technicality within the Council’s Procedure Rules to avoid discussing the stated wishes of the local community rather than deal with the situation by ensuring that Jaywick Sands beach is served by easily accessible and much needed public toilets?”

Councillor Stock OBE replied as follows:

“Let me start by clarifying for you that your petition was not refused because of any decision that I, or my administration, took. As you correctly state I offered to receive your petition at a public meeting of Cabinet even though there was no requirement for me to do so nor was there any such item on the agenda of that meeting. In other words, I did not have to accept it at all but I volunteered to do so and I made sure it was passed on to Officers immediately the meeting ended.

As I understand it you simply failed to follow the rules for submitting a petition and I am sure that with your great experience both as a former member of this council, as well as other roles that you have held, you must realise and accept that rules and procedures are vital to the good governance of any organisation.

Notwithstanding those points I do recognise that you have strong views about the closure of the Garden Road toilets. You will be aware that the Council has undertaken a review of its public convenience provision and our strategy is to replace old, difficult to maintain and underused public toilets with modern, efficient units wherever possible.

As part of the review and the strategy the Garden Road toilets were agreed to be closed because they are used for extensive anti-social behaviour, they are old structures, they have low use and there is alternative provision in the area.

To end on a positive note, it is still the case that should any local group or organisation wish to take over the running of any of our toilet blocks, including this one, then we would be very pleased to discuss the idea.”

Question Two

From Ms Bridget Tyson to Councillor Fred Nicholls, Corporate Enforcement Portfolio Holder (in the absence of Ms Bridget Tyson, the question was read out by the Chairman):

“I would like to ask the Planning Portfolio Holder a question concerning the Enforcement Notices issued to properties in Point Clear Bay.

The information delivered to homes, such as my own was totally unexpected as I have complied with a request for information which was duly returned to the Council in April of this year - no further communication was received even though I had given information - which included a point that a Flood Risk Assessment was unnecessary when I applied for Planning Permission in 2010.  Can you advise why the Enforcement Notice has been issued to myself without acknowledging and responding to the points raised in my response to you in April 2017 - which has now left me with no alternative but to appeal at a substantial cost to my family and myself.”

In Councillor Nicholls’ absence, Councillor Stock OBE replied on his behalf as follows:

“Ms Tyson, thank you for your question which relates to the service of Planning Enforcement Notices on properties in Point Clear Bay. 

It would not be appropriate to discuss individual cases at a public meeting of the Council.

Planning Enforcement is a non-executive function of the Council with powers delegated to the Planning Committee. This means that decision making powers for planning enforcement do not rest with the Cabinet, or with individual Portfolio Holders or even with me as Leader of the Council, but nevertheless I am happy to attempt to answer your queries on this issue.

Planning Enforcement Notices take effect only if no appeal is received before the effective date, which is today.  The appeal process gives an opportunity for the matters that the Council, the owners and occupiers consider to be relevant to be determined by an independent Planning Inspector.  Fees only apply to appeals on specific grounds, such as that planning permission should be granted or that the condition that is alleged to have been breached should be discharged; a fee of £390 is payable in these cases.  The fee is set by Government, not by this Council.

Appeals on the basis that there has been no breach of planning control or that the time allowed for compliance it too short, attract no fee.  Therefore, whether a fee is payable depends upon the grounds of appeal. These and other details are explained in the guidance listed on the Enforcement Information Sheet that accompanied the enforcement notices.”

Question Three

From Mr Daniel Logan to Councillor Fred Nicholls, Corporate Enforcement Portfolio Holder:

“I would like to ask the Planning Portfolio Holder two questions concerning the Enforcement Notices issued to properties in Point Clear Bay.

The information delivered to homes, such as my own elderly Mother and Father, states that if they wish to appeal they must pay a planning fee of £390. 

(1)   This sum is quite beyond my Mum and Dad and obviously I could help them, but is this very large charge, intended to stop them and others in their position from appealing – and thereby chance losing their home?

(2)   Will Tendring District Council give help and advice to elderly residents who perhaps do not understand what is going on and risk ending up in care by their inaction?”

In Councillor Nicholls’ absence, Councillor Stock OBE replied on his behalf as follows:

“Mr Logan, thank you for your question about the planning enforcement action at Point Clear Bay.

It would not be appropriate to discuss individual cases at a public meeting of the Council.

Planning Enforcement is a non-executive function of the Council with powers delegated to the Planning Committee. This means that decision making powers for planning enforcement do not rest with the Cabinet, or with individual Portfolio Holders or even with me as Leader of the Council, but nevertheless I am happy to attempt to answer your queries on this issue.

Planning Enforcement Notices take effect only if no appeal is received before the effective date, which is today. The appeal process gives an opportunity for the matters that the Council, the owners and occupiers consider to be relevant to be determined by an independent Planning Inspector.  Fees only apply to appeals on specific grounds, such as that planning permission should be granted or that the condition that is alleged to have been breached should be discharged; a fee of £390 is payable in these cases. The fee is set by Government, not by this Council.

Appeals on the basis that there has been no breach of planning control or that the time allowed for compliance it too short, attract no fee.  Therefore, whether a fee is payable depends upon the grounds of appeal. These and other details are explained in the guidance listed on the Enforcement Information Sheet that accompanied the enforcement notices.

Information about the planning enforcement process is available from the Council as well as advice about housing issues.  Independent advice may also be sought and the Council has been working with Citizens Advice to ensure that they are aware and ready to respond to enquiries resulting from planning enforcement action.”