The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) give effect to section 13 of the Local Government Act 2000 by specifying:
(a) which functions are not to be the responsibility of the Executive (Cabinet), as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and as detailed in the Appendix to this part of the Constitution;
(b) functions which may (but need not) be the responsibility of the Executive (Cabinet) (local choice functions); and
(c) which are to some extent the responsibility of the Executive.
All other functions not so specified are to be the responsibility of the Executive.
Every decision of the Cabinet, a Portfolio Holder, Committee, Sub-Committee, Working Party or Officer under delegated powers shall comply with the Council’s Constitution and in particular with its Budget and Policy Framework, Council Procedure Rules, Financial Procedure Rules and Procurement Procedure Rules and any expenditure involved is subject to such compliance.
1. Responsibility for Local Choice Functions
Local Choice functions are those, which may (but need not) be the responsibility of the Cabinet. Schedule 1 of Part 3 of the Constitution details the responsibility for those local choice functions as set out in Schedule 2 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as determined by the Council.
2. Responsibility for Council (Non-Executive) Functions
The roles and responsibilities of full Council are set out in Article Four of the Constitution. The specific functions set out in Schedule One to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 which are retained for determination by full Council are set out in Schedule Two.
The full Council has established those non-executive committees as set out in Schedule Two of this Part of the Constitution to discharge those functions, which are not to be the responsibility of the Executive, as set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and the Appendix to Part Three of the Constitution. Decisions relating to these functions shall be made in one of the following ways:
(a) By one of the non-executive Committees listed in Schedule Two of this Part Three of the Constitution;
(b) By Officers, in consultation with a Member, in accordance with the Scheme of Delegation to Officers;
(c) By Officers; or
(d) Where any matter involves amendment to the Budget and Policy Framework, by the Council following receipt of advice from the relevant non-executive Committee and the Cabinet.
Schedule Two sets out the arrangements for delegation of non-executive functions to the above.
3. Responsibility for Executive (Cabinet) Functions
The Cabinet is responsible for making all decisions within the Budget and Policy Framework set by full Council, except for decisions in connection with those matters, which cannot be the responsibility of Cabinet as specified in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. Details of the overall responsibilities of the Cabinet are set out in Schedule 3 of Part 3 of the Constitution. Decisions in respect of executive functions shall be made in one of the following ways:
(a) the Cabinet collectively, at public meetings;
(b) By an individual Member of the Cabinet (Portfolio Holder), within their areas of responsibility and delegated powers;
(c) An Officer, in consultation with a Portfolio Holder;
(d) An Officer, or
(e) Where the decision is outside the Budget and Policy Framework, by full Council following receipt of advice from the Cabinet collectively.
Schedule Three sets out the arrangements for delegation of executive functions to the above.
4. Overview and Scrutiny Functions
The functions of the Council’s overview and scrutiny function are set out in Article Six of the Constitution.
Schedule 1
Responsibility for Local Choice Functions
Local Choice Functions are those functions, which may (but need not) be the responsibility of the Executive (the Cabinet). The below details the responsibility for local choice functions, as determined by the Council.
Any function under a local Act, other than a function specified under Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. Decision-making body: Council
The determination of an appeal against any decision made by or on behalf of the authority. Decision-making body: Council Delegation of the function: The relevant non-executive Committee, unless expressly specified within the terms of reference elsewhere.
The conduct of best value reviews in accordance with the provisions of any order for the time being having effect under Section 5 of the Local Government Act 1999. Decision-making body: The relevant Overview and Scrutiny Committee
Any function relating to contaminated land Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The service of an abatement notice in respect of a statutory nuisance Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 shall apply in the authority’s area Decision-making body: Council Delegation of the function: Licensing and Registration Committee
Any function under a local Act, other than a function specified under Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The investigation of any complaint as to the existence of a statutory nuisance Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The obtaining of information under Section 330 of the Town and Country Planning Act 1990 as to interests in land Decision-making body: Council Delegation of function: Deputy Chief Executive & Corporate Director (Place and Economy)
The obtaining of particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 Decision-making body: Council Delegation of the function: Chief Executive and All Corporate Directors
The appointment of any individual: (a) to any office other than an office in which they are employed by the authority; (b) to any body other than – (i) the authority; (ii) a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body; and the revocation of any such appointment. Decision-making body: Council Delegation of function: Chief Executive
The making of agreements with other local authorities for the placing of staff at the disposal of those authorities. Decision-making body: Council Delegation of the function: Chief Executive
Schedule 2
Responsibility for Council (Non-Executive) Functions
General Matters/Principles
Detailed below are the general matters/principles which underpin the Council’s scheme of delegation in respect of non-executive functions.
1. The Council is responsible for determining the scheme of delegation for all non-executive functions.
2. Powers and duties of Non-Executive Committees are subject to the general instructions which contain the framework within which such delegations must be exercised as follows:
(a) Performed on behalf of and in the name of the Council;
(b) Within their areas of responsibility and limits as set out in the Constitution subject to the action being within the Council’s Budget and Policy Framework;
(c) Subject to the directions of the Council and of the Cabinet or Non-Executive Committee as appropriate;
(d) Subject to powers and duties reserved for confirmation by the Council;
(e) In accordance with the Council’s Financial Procedure Rules and Procurement Procedure Rules;
(f) Delegate, as appropriate, matters to: (i) a Sub-Committee or panel; (ii) to an Officer in consultation with the Chairman or Vice-Chairman of a Committee, Sub-Committee or panel, as appropriate; or (iii) an Officer.
3. Non-Executive Committees have the power to discharge those functions within their areas of responsibility, with the exception of decision-making reserved to full Council.
4. The tables within this Schedule detail functions retained for discharge by full Council and which of the Council’s Committees are responsible for discharging those functions, set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) which are relevant to the functions of Tendring District Council, that cannot be the responsibility of the Council’s Executive (the Cabinet) and the Appendix to Part 3 of the Constitution. These tables also identify those functions which have been delegated to Officers.
5. The Council may by resolution at any time vary, enlarge, restrict, or reduce any non-executive function, power or duty referred to a Committee, Sub-Committee or Officer.
6. The Chief Executive is authorised to deal with any matter on exceptional grounds of urgency, following consultation with the Leader of the Council or Deputy, the Chairman and Vice-Chairman of the appropriate Committee in respect of non-executive matters.
7. The delegation of powers to Officers is underpinned by the principle and culture of consultation and liaison with Members, as appropriate and the ability for Officers to refer matters to the relevant decision making body, where it is felt that this is appropriate due to the nature of an issue.
8. The express authorisations to Officers set out in this Schedule are in addition to the normally accepted powers and duties of Officers to deal with matters of routine occurrence falling within the scope of their departmental responsibilities as set out in Article 12 which includes all present and future legislation related to the functions of the service and nothing in this Schedule shall derogate from any statutory powers or duties conferred or imposed directly on an Officer of the Council.
9. In cases where matters are delegated to Officers, but must also be discharged in consultation with the Chairman of the relevant Committee, and in cases where the Chairman is not available, the Vice-Chairman of the Committee is to be consulted. In instances, where there is disagreement between the Officer and the Chairman the matter should be reported to a meeting of the relevant Committee for consideration and determination. Furthermore, an Officer with delegated powers to discharge a function, or the Member being consulted has the option to refer the matter to a meeting of the relevant Committee for determination where this is felt to be necessary and/or appropriate.
10. All delegations to Officers are made to the Corporate Directors, unless expressly indicated otherwise. Any Corporate Director is empowered to exercise any of the powers of another Corporate Director, where this is necessary, subject to the provisions set out in paragraph 13.
11. The Corporate Directors are Designated Officers for the purposes of legislation within their respective service areas as set out in Part 8 of the Constitution and have the power to authorise other Officers of the authority, as Designated Officers and authorised persons for purposes, relating to present and future legislation falling within their areas of responsibility.
12. Any authority granted to the Chief Executive or a Corporate Director, unless otherwise indicated, may be exercised by an officer with appropriate qualifications authorised by a Corporate Director in writing for that purpose. The relevant Corporate Director will maintain a record of such authorisations, a central record of which will be kept by the Monitoring Officer and available for inspection.
13. Any authority which under statute or best practice guidance should only be discharged by Officers with a specific level of qualification must only be conferred to and discharged by such Officers. Furthermore, where the matter relates to a statutory power or duty conferred or imposed directly on an officer of the Council, only that Officer may discharge the function.
14. The Chief Executive has authority to exercise any function delegated to Officers, except where an Officer with appropriate qualifications must only discharge such a delegation or where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council.
15. The Monitoring Officer shall:
Determine any conflict between any two or more Officers acting under any authorisation; and
(ii) In any case of uncertainty, and having considered relevant legislation, determine whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council.
16. In the event of a change to the corporate structure of the Council, the responsibility for issues delegated to each Corporate Director shall be amended accordingly and will take immediate effect. The relevant amendments to this scheme of delegation should be made in the Constitution as soon as possible.
17. All Corporate Directors are authorised in consultation with the Assistant Director (Governance) to take all steps in connection with any legal proceedings, in respect of any function under the jurisdiction of a Portfolio Holder including the commencement or defence of, withdrawal, settlement or compromise of any such proceedings.
18. All Corporate Directors are authorised in consultation with the Assistant Director (Governance) to appear on the Council’s behalf in any legal proceedings, under the jurisdiction of a Portfolio Holder, before all courts, tribunals and inquiries.
Responsibility for Council (Non-Executive) Functions: Committees, functions and terms of reference, and delegated functions.
Full Council
Functions and terms of Reference:
Those functions retained for responsibility by Full Council as set out in Article 4 of the Constitution and the following specific functions as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
D. Discharge the following Functions relating to Elections:
Duty to appoint an Electoral Registration Officer
Power to dissolve Parish Councils
Power to make orders for grouping parishes, dissolving groups and separating parishes from groups
Duty to appoint Returning Officer for local government elections
Power to fill vacancies in the event of insufficient nominations
Power to submit proposals to Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000
Duty to consult on change of scheme for elections and associated powers under the Local Government Public Involvement and Health Act 2007
E. The discharge of the following functions:
relating to the Name and Status of Areas
Power to change the name of the district or parish
Power to petition for a charter to confer borough status
EB. Discharge the Duties, Functions and Powers:
relating to Community Governance
F. Power to Amend, Revoke or Re-enact Byelaws
G. Power to Promote or Oppose Local or Personal Bills
Discharge of the following miscellaneous functions – Part II:
Power to make standing orders (this includes amendments to the Constitution)
Power to make standing orders as to contracts
Duty to make arrangements for the proper administration of financial affairs
Power to appoint Officers for particular purposes (appointment of “Proper Officers”)
Duty to designate Officer as the head of the authority’s Paid Service, and to provide staff, etc.
Duty to designate Officer as the Monitoring Officer, and to provide staff, etc.
Duty to provide staff etc. to person nominated by Monitoring Officer
Power to make payments or provide other benefits in cases of maladministration
Other matters:
Those as set out in Article 4 of the Constitution together with:
Prepare and approve a Pay Policy Statement for the financial year in accordance with Chapter 8 of the Localism Act 2011.
The appointment of the Chief Executive
On the recommendation of the Human Resources and Council Tax Committee: (a) the dismissal including redundancy, in accordance with the statutory provisions, of the Chief Executive, Chief Finance Officer or Monitoring Officer (following the outcome of an Independent Panel) (b) The voluntary early retirement and voluntary redundancy of the Chief Executive (c) The retirement on grounds of ill health of the Chief Executive on the recommendation of the Council’s medical advisor (d) the terms and conditions of the Chief Executive
Delegated Functions
Chief Executive in consultation with the Council Chairman:
Agreeing the scale of fees payable at elections at District and Parish Councils, referenda and Parish Polls.
Chief Executive:
Returning Officer at Local Elections
Power to assign Officers in relation to requisitions of the Registration Officer
To divide constituency, electoral divisions and wards into polling districts and designate their polling places
Powers in respect of holding of elections
Power to pay expenses properly incurred by Electoral Registration Officers
Duty to declare vacancy in office in certain cases
Duty to give public notice of a casual vacancy
Power to make temporary appointments to parish councils
Regrading posts, restructuring and determining staff levels (except where Section 4 of the Local Government Act 1989 applies and it is appropriate for the full Council to consider any proposals of the Head of Paid Service in this regard)
Power to authorise compensation payments up to a maximum of £5,000 as a result of Local Governance & Social Care Ombudsman or Housing Ombudsman recommendations or by virtue of the Corporate Complaints Procedure
Chief Executive or Monitoring Officer:
The Proper Officer before whom a Member’s formal Declaration of Acceptance of Office may be made
The appointment or removal of any individual to/from a Committee, Sub-Committee, panel or working party at the request of the relevant Group Leader.
The advertisement of vacancies for the position of Independent Person(s) and Independent Remuneration Panel members, the review of applications received, the interview of suitable candidates and the making of recommendations to Council as to who should be appointed, are delegated to the Chief Executive and Monitoring Officer.
Audit Committee
Functions and terms of Reference:
The discharge of the following miscellaneous functions – Part II as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities Regulations) (England) 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Duty to approve the authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).
Additional roles and functions of the Committee are as set out below:
To provide independent assurance of the adequacy of the risk management framework and the associated control environment;
To provide independent scrutiny of the Council’s financial and non-financial performance to the extent that it affects the Council’s exposure to risk and weakens the control environment;
Considers the annual budget for the internal audit service as part of the Council’s budget setting process; and
To oversee the financial reporting process:
Audit Activity
Considering the Internal Audit Manager’s annual report and opinion and a summary of internal audit activity (actual and proposed), and the level of assurance it can give over the Council’s corporate governance arrangements.
Considering reports on the operation of internal audit and summaries of specific internal audit reports where requested.
Considering reports from internal audit on agreed recommendations not implemented within a reasonable timescale.
Assessing external auditor and external regulatory reports and monitoring any quality improvement programmes where required. Comments are provided to Cabinet as appropriate.
Commenting on the scope and depth of external audit work and ensuring it gives value for money.
Liaising with the Audit Commission in regard to the appointment of the Council’s external auditor.
Regulatory Framework
Reviewing significant issues referred by the Chief Executive, Cabinet or any Council Committee (subject to the availability of resources within the approved audit plan).
Monitoring the effective development and operation of risk management and corporate governance.
Monitoring Council policies on “Raising Concerns at Work”, the whistleblowing policy and the anti-fraud and corruption strategy.
Overseeing the production of the Code of Corporate Governance, including the Statement of Internal Control.
Considering the arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice.
Considering the Council’s compliance with its own and other published standards and controls (other than those covered by the Standards Committee).
Accounts
Reviewing and approving the annual statement of accounts.
Considering whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.
Receiving the external auditor’s report to those charged with governance.
Delegated Functions
Section 151 Officer and Internal Audit Manager: The provision of advice and support to the Audit Committee on all aspects of its functions and duties.
Planning Policy and Local Plan Committee
Functions and terms of Reference:
To exercise the Council’s functions relating to overseeing the preparation of the Local Plan* and ensuring it meets the “tests of soundness” from national and planning policy.
The exercise of the Council’s functions, powers and duties in relation to the following:
To oversee the preparation of the new Tendring District Local Plan* to ensure that it meets the “tests of soundness” set out in the National Planning Policy Framework.
To ensure that the Local Plan* is “positively prepared”, based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
To ensure the Local Plan* is “justified”, promoting the most appropriate strategy for growth, when considered against reasonable alternatives, based on proportionate evidence.
To ensure that the Local Plan* is “effective”, being deliverable over the plan period and based on effective joint working on cross-boundary strategic priorities.
To ensure that the Local Plan* is “consistent with national policy” enabling the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework.
To ensure that the Council effectively complies with the statutory duty to co-operate.
To consider and recommend the content of the Local Plan*, in consultation with the Cabinet, for consideration and formal approval by Full Council for either public consultation (preferred options or pre-submission versions), submissions to the Secretary of State (to be examined by a Planning Inspector), or final adoption (following receipt of the Planning Inspector’s report).
To recommend Supplementary Planning Documents (SPDs) and other planning documents to Cabinet for public consultation and final adoption.
To approve the preparation, commissioning and subsequent publication of studies, surveys and other technical documents that form part of the “evidence base” needed to justify the content of the Local Plan*, Supplementary Planning Documents (SPDs) and other planning documents.
To scrutinise, note and understand the recommendations and conclusions of the “evidence base” to ensure that it provides a robust platform upon which to base policies and proposals in the Local Plan*, SPDs and other planning documents.
To approve the publication of the Annual Monitoring Report (AMR) each year and to consider whether or not it highlights development trends that may or may not require changes to policies or proposals in the Local Plan*, SPDs or other planning documents.
To consider representations submitted in response to public consultation exercises on the Local Plan*, SPDs or other planning documents and consider the need for any changes to these documents in response to any issues that they raise.
Approve the work programme required for the Committee to undertake its functions effectively and in a timely manner.
Refer to Cabinet any recommendations in respect of the Council’s overall strategy, policies and guidance, where functions are the responsibility of the Cabinet, such as Supplementary Planning Documents.
Approve for recommendation of non-statutory planning policy and guidance to be considered by the Council, the Planning Committee, Cabinet (for executive functions), officers in the discharge of its statutory planning functions, including (but not limited to) avoiding detriment to local neighbourhoods (as long as they are not contrary to the National Planning Policy Framework).
*The Local Plan can consist of one or more “Development Plan Documents” which could include one document for the majority of the Tendring District and a separate document, if necessary, prepared jointly with Colchester Borough Council, for any major development crossing the Tendring/Colchester border.
Planning Committee
Functions and terms of Reference:
The discharge of the Town and Country Planning and Conservation functions as specific in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Additional roles and functions of the Committee are as set out below:
Any formal comment or view on applications or proposals to be determined by Essex County Council, any Statutory Body and government departments relating to matters within the remit of the Committee.
The discharge of the Miscellaneous functions – Part 1 – relating to Public Rights of Way, within the District Council’s responsibility as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
The discharge of the following Miscellaneous functions – Part II – relating to hedgerows, trees and hedges as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Delegated Functions
All planning and conservation matters delegated to the Assistant Director (Planning) except in relation to the determination of certain planning applications as detailed below for determination by the Committee:
Officer recommendations for approval materially contrary to national or local policy.
Officer recommendation of approval contrary to a previous refusal by the Planning Committee, where the policies remain substantially unchanged.
Office recommendation of approval and the application should be referred to the Secretary of State under a Direction(s) or “call in”.
The applicant is the Council or someone acting as applicant on the Council’s behalf or in respect of Council owned land.
The applicant is a Member of the Council, Planning Officer or a Senior Officer and there is an Officer recommendation for approval.
Within 35 days of the commencement of formal consultation, a written request is received from a Tendring District Councillor in accordance with the Member Referral Scheme(*) requesting that the application should be brought before the Planning Committee for determination giving material planning reasons for that request. (*) Scheme to be approved by Full Council
Any application which the Assistant Director (Planning) in their professional opinion, taking into account the written representations received, plans and policies and other material considerations to be referred to the Planning Committee because it raises more than significant local issues.
All public rights of way matters delegated to the Corporate Director (Operations and Delivery)
All hedgerows, trees and hedges matters delegated to the Assistant Director (Planning).
Human Resources and Council Tax Committee
Functions and terms of Reference:
Human Resources
The discharge of the following Part II – miscellaneous functions as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended), and as detailed in Appendix 1 to Part 3 of the Constitution.
Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal).
Additional roles and functions of the Committee are as set out below:
Decision-making on key Human Resource and Personnel issues not reserved by the Council or delegated to officers.
Strategic Overview and Monitoring of General Staffing Profile and Data through assessment and consideration of periodical statistical reports.
Agreement of key personnel policies, including but not exclusively: Recruitment and Selection Pay and Reward Performance Management Flexible Working and Work Life Balance Equality and Diversity Discipline and Grievance Managing Change Human Resources and Organisation Development Strategy
The recommendation to Council of the terms and conditions of service, dismissal including redundancy, voluntary redundancy and voluntary early retirement of the Chief Executive.
The recommendation to Council of the retirement on the grounds of ill health of the Chief Executive on the recommendation of the Council’s Medical Advisor.
The appointment and dismissal of and, disciplinary action against the Corporate Directors, Assistant Directors and Heads of Service.
Undertake the function of an advisory Independent Panel in accordance with the statutory provisions for the Chief Executive, Chief Financial Officer and Monitoring Officer (together with the Independent Persons)
Council Tax
To exercise the Council’s functions relating to the formal acceptance of Council Tax precepts from the major precepting authorities.
The exercise of the Council’s functions, powers and duties in relation to the Terms of Reference.
Delegated Functions
Chief Executive:
Regrading posts, restructuring and determining staffing levels (except where Section 4 of the Local Government and Housing Act 1989 applies and it is appropriate for the full Council to consider any specific proposals of the Head of Paid Service in this regard).
Chief Executive in consultation with the Assistant Director (Partnerships):
The approval of a redundancy or mutually agreed Settlement Agreement for dismissal of staff up to and including Management Team level.
Any Corporate Director in consultation with the Assistant Director (Partnerships):
The exercise and performance of the Council’s functions, powers and duties in relation to applications for extensions of sick pay entitlement.
The recruitment and appointment of permanent staff up to, but not including the Corporate Directors above, in consultation with the Workforce Panel and in accordance with the Council’s agreed procedures.
Assistant Director (Partnerships) in consultation with the Corporate Director (Operations and Delivery)
Minor amendments to Human Resources Policies and Procedures necessary as a result of legislation, national guidance or best practice.
Approval of Pension Scheme related matters.
The Chief Executive and Corporate Directors shall have authority to act in relation to all matters within their areas of responsibility in connection with management of staff including terms and conditions of employment and dismissal in accordance with the Council’s Human Resources Policies and Staff Handbook as maintained on the Council’s Intranet.
Human Resources Sub-Committee
Functions and terms of Reference:
Forms part of the recruitment, dismissal and disciplinary process for the appointment of Senior Officers (as defined in Paragraph 3 of Part 11 of Schedule 2 of the Local Authorities (Standing Orders) (England) Regulations 2001 (as amended), which includes the following posts: Chief Executive Section 151 Officer; Monitoring Officer; Chief Officers (Corporate Directors, Directors and Assistant Director (Partnerships)); and All Deputy Chief Officers (Assistant Directors and other such Senior Officers as defined within the Regulations)
Form a panel to undertake interview of applicants for Senior Officer posts who have successfully been shortlisted and undertaken necessary technical interviews and assessments.
The Panel will be comprised of 3 members normally consisting of: a Portfolio Holder, as determined by the Leader of the Council. The Leader will have the right to appoint a substitute for the Portfolio Holder if they will be unable to attend or if otherwise necessary; the Chairman or Vice-Chairman of the Human Resources & Council Tax Committee; and a named committee member from a political group that is not represented on the Cabinet.
The Panel must take into account the views and professional advice given by the relevant officers before an offer of appointment can be made.
The Panel will notify the Assistant Director (Partnerships) of the name of the person to whom the post is to be offered and any other matter relevant to the appointment.
The Panel will determine whether any objection received from Cabinet through the Leader is valid and the offer of appointment should be made.
In the case of the Chief Executive and Monitoring Officer, the Panel will recommend to Council to approve the appointment before an offer is made.
Delegated Functions
Assistant Director (Partnerships):
Notify all members of Cabinet of the name of the person to whom the post is to be offered and any other matter relevant to the appointment
Receive any objection from Cabinet through the Leader to the appointment within the 3 day period for objections
Licensing and Registration Committee
Functions and terms of Reference:
Functions relating to licensing, registration (B), Health and Safety at Work (C) and Smoke-free premises (FA) as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Additional roles and functions of the Committee are as set out below:
Deciding whether to make a change to the Hackney Carriage Fare Scale operative within the Tendring District having considered the representations received in response to the Public Notice duly given pursuant to Section 65 of Part II of the Local Government (Miscellaneous Provisions) Act 1976;
Recommending the Licensing Policy Statement to full Council and the Gambling Statement of Licensing Policy to Cabinet;
Power to consider, consult and consider representations in respect of an Early Morning Restriction Order (EMRO) under Sections 172A to 172E of the Licensing Act 2003 and to recommend implementation or rejection of application for EMRO to Full Council; and
Power to consult and consider representations in respect of Late Night Levy (LNL) Provisions under Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 and to recommend implementation or rejection of an application to introduce LNL to Full Council.
The discharge of the following Part II – Miscellaneous Functions as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution:
Power to make closing order with respect to take away food shops; and
Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.
In addition the following powers and duties:
The setting of any fees and/or charges payable to the Council for the issue of any licences where the Council has discretion over such fees and/or charges) or otherwise in relation to any of the functions falling within the remit of the Licensing and Registration Committee and its Sub-Committees.
Delegated Functions
All licensing and registration functions are delegated to the Miscellaneous Licensing Sub- Committee or the Premises/Personal Licences Sub- Committee as detailed below and otherwise the Assistant Director (Governance) except determining standard licensing conditions and determining or recommending proposed policies, which remain with the Committee.
All functions relating to Health and Safety at Work and Smoke Free Premises are delegated to the Corporate Director (Operations and Delivery).
The initial, in principle, consideration of a proposal received for a change to the Hackney Carriage Fare Scale operative within the District and decision to give public notice (pursuant to Section 65 of Part II of the Local Government (Miscellaneous Provisions) Act 1976) of the Council’s intention to amend the Fare Scale is delegated to the Assistant Director (Governance) in consultation with the Chairman of the Committee
Miscellaneous Licensing Sub-Committee
Functions and terms of Reference:
To consider and determine matters relating to all licences, consents, registrations and certificates that fall within the terms of reference of the Licensing and Registration Committee, except where:
The function relates to the Licensing Act 2003 and/ or the Gambling Act 2005; or
The function has been delegated to Officers of the Council.
In addition the Sub-Committee will exercise the following powers and duties:
Consideration for recommendations to local Highway Panel and Cabinet on: installation of new taxi ranks and amendments/removals to existing taxi ranks.
Consider appeals or objections received against the Council’s Street Trading Policy or refusal of consent by Officers.
Consider appeals or objections received against Officers’ refusal of Street or House Collection applications.
Delegated Functions
All matters are delegated to the Assistant Director (Governance) except in circumstances where the matter:
remains with the Committee or Sub-Committee or
officers are recommending approval contrary to a relevant adopted licensing policy.]
Premises/Personal Licences Sub-Committee
Functions and terms of Reference:
To consider applications for licences where representations have been received and not withdrawn, and applications for the review of licences, covered by the Licensing Act 2003 as follows: (i) Application for Premises Licence (ii) Application for Provisional Statement (iii) Application for Variation of Premises Licence (iv) Application to vary Designated Premises Supervisor following police objection (v) Application for transfer of Premises Licence following police objection (vi) Consideration of police objections made to interim Authority Notice (vii) Determination of application for Club Premises Certificate (viii) Determination of application to vary Club Premises Certificate (ix) Decision to give counter notice following police objection or environmental health authority objection to temporary event notice (x) Application for grant of personal licence following police objection (xi) Revocation of Licence where convictions came to light after grant etcetera (xii) Application for review of Premises Licence (xiii) Application for review of Club Premises Certificate (xiv) Review following Closure Order
To consider applications for licences, where representations have been received and not withdrawn, and applications for the review of licences, covered by the Gambling Act 2005, as follows: (i) Application for Premises Licence (ii) Application for variation of Licence (iii) Application for transfer of a Licence (iv) Application for a Provisional Statement (v) Review of a Premises Licence (vi) Application for Club Gaming/Club Machine Permit (vii) Cancellation of a Club Gaming/Club Machine Permit (viii) Decision to give a Counter Notice to a Temporary Use Notice (Section 224) (ix) Matters referred to the Sub-Committee by Officers, notwithstanding the delegations set out [below]. (x) Application for Prize Gaming Permit (xi) Application for Family Centre Gaming Machine Permit
Delegated Functions
To the Assistant Director(Governance):
All Council functions, powers and duties in relation to the Licensing Act 2003 and the Gambling Act 2005 which do not remain the specific function of the Committee or Sub-Committee.
Standards Committee
Functions and terms of Reference:
To promote and maintain high standards of conduct by Members and Co-opted Members of the authority;
To develop a culture of openness, transparency, trust and confidence between Members and in Member and Officer relationships and to embed a culture of strong ethical and corporate governance at all levels of the Council;
To advise the Council on the adoption or revision of the Members’ Code of Conduct;
To advise, train or arrange training on matters relating to and assisting Members, Co-opted Members and Town and Parish Councillors on observing the Members’ Code of Conduct;
To approve procedures for the conduct of hearings into complaints against Members;
To advise the Council upon the contents of and requirements for codes/protocols/other procedures relating to standards of conduct throughout the Council;
To receive reports from the Monitoring Officer and assess the operation and effectiveness of the Members’ Code of Conduct and the other elements of the Standards Framework;
To inform Council and the Chief Executive of relevant issues arising from the determination of Code of Conduct complaints;
To hear and determine appeals against refusal to grant dispensations by the Monitoring Officer pursuant to Section 33 of the Localism Act 2011; and
To maintain oversight of the Council’s arrangements for dealing with complaints delegated to Standards Town and Parish Sub-Committee.
Proceedings:
To conduct proceedings in accordance with the Complaints Procedure, giving due consideration to the Monitoring Officer’s advice and guidance, and following the principles of natural justice and innocent until proven otherwise;
To receive referrals from the Monitoring Officer into allegations of misconduct in accordance with the assessment criteria and Complaints Procedure;
To hear and determine complaints about Tendring District Council Members and Co-opted Members referred to it by the Monitoring Officer; and
Any determination by the Committee which is contrary to the recommendation of the Monitoring Officer will include detailed reasons. The decision of the Committee will also be reported to the next meeting of full Council.
Delegated Functions
Delegation to Monitoring Officer:
Deal with complaints against Members and co-opted Members of the Council and/or any Town or Parish Council in the Tendring District alleging a breach of the Members’ Code of Conduct of the Council/Town or Parish Council (“Code”) in accordance with the Complaints Procedure
Assess complaints in accordance with the Assessment Criteria and may consult with a duly appointed Independent Person and determine whether the complaint: Merits no further action Merits early informal conciliation Merits further investigation Should due to exceptional circumstances be referred to the Standards Committee or Sub-Committee for consideration for further investigation.
Determine the format of the Complaints Form, Decision Notices and Procedure Flowchart and review where necessary.
Commission external resources to investigate, undertake consultation with an Independent Person and report on any complaints relating to Member conduct
Grant dispensations in compliance with Section 33(a) to (e) of the Localism Act 2011.
Submit reports to the Standards Committee or Sub-Committee on the actions taken under these delegated powers and to provide advice and support making recommendations to the relevant Committee on any matters relating to the promotion and maintenance of high standards of conduct.
Town and Parish Councils' Standards Sub-Committee
Functions and terms of Reference:
To advise and assist Town and Parish Councils and Councillors to maintain high standards of conduct and to make recommendations to Parish and Town Councils on improving standards or actions following a finding of a failure by a Town or Parish Councillor to comply with its Code of Conduct.
Proceedings:
To conduct proceedings in accordance with the Complaints Procedure, giving due consideration to the Monitoring Officer’s advice and guidance, and following the principles of natural justice and innocent until proven otherwise;
To receive referrals from the Monitoring Officer into allegations of misconduct in accordance with the assessment criteria and Complaints Procedure;
To hear and determine complaints about Town and Parish Council Members and Co-opted Members referred to it by the Monitoring Officer; and
Any determination by the Sub-Committee which is contrary to the recommendations of the Monitoring Officer will include detailed reasons. The decision of the Sub-Committee will also be reported to the next meeting of full Council.
Delegated Functions
Delegation to Monitoring Officer:
Deal with complaints against Members and co-opted Members of the Council and/or any Town or Parish Council in the Tendring District alleging a breach of the Members’ Code of Conduct of the Council/Town or Parish Council (“Code”) in accordance with the Complaints Procedure.
Assess complaints inccordance with the Assessment Criteria and may consult with a duly appointed Independent Person and determine whether the complaint: Merits no further action Merits early informal conciliation Merits further investigation Should due to exceptional circumstances be referred to the Standards Committee or Sub-Committee for consideration for further investigation.
Determine the format of the Complaints Form, Decision Notices and Procedure Flowchart and review where necessary.
Commission external resources to investigate, undertake consultation with an Independent Person and report on any complaints relating to Member Conduct.
Submit reports to the Standards Committee or Sub-Committee on the actions taken under these delegated powers and to provide advice and support making recommendations to the relevant Committee on any matters relating to the promotion and maintenance of high standards of conduct.
Schedule 3
EXECUTIVE FUNCTIONS ARE THE RESPONSIBILITY OF THE CABINET.
1. ROLE AND RESPONSIBILITIES
The general roles and responsibilities of the Cabinet are as follows:-
To make recommendations to the District Council with regard to the formulation of its policy framework, including the setting of the budget and council tax levels.
To advise the District Council on all matters requiring a decision outside of the Council’s agreed budget and policy framework.
To discharge in accordance with the District Council’s policy framework all functions of the Council, except those functions which cannot, by virtue of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and other legislation, be the responsibility of the Cabinet. Such functions are the responsibility of the Council and its various Committees as set out in Schedule 2 to Part 3 of the Constitution.
To deal with those “local choice functions” which have been delegated to the Cabinet by the Council as detailed in Schedule 1 of Part 3 of the Constitution.
2. RESPONSIBILITIES OF THE LEADER OF THE COUNCIL
The Leader of the Council is responsible for the overall operation of the Council’s portfolios through effective management of their Cabinet.
To ensure effective communication of Cabinet business including appropriate liaison with Overview and Scrutiny.
To be the leading voice of the Council on all executive functions and for overall policy.
To be the member representative for executive functions of the Council working with the Council’s partners and stakeholders, on statutory bodies, the voluntary sector, the business community and other national and local organisations.
Ensure that their actions are taken in accordance with Section 3 below when making formal decisions.
3. GENERAL PRINCIPLES REGARDING DECISION MAKING BY THE CABINET
The Leader of the Council is responsible for approving the delegation of executive functions to either:
(i) The Cabinet collectively (see 4.1 below);
(ii) An individual Member of the Cabinet (Portfolio Holder) (see 4.2 below);
(iii) A Working Party of the Cabinet (known as a Portfolio Holder Working Party);
(iv) An Officer, in consultation with the relevant Portfolio Holder(s); or
(v) An Officer.
Executive functions can also be delegated to, and discharged by an area committee or another local authority or jointly with one or more local authorities. No Member or Committee of the Cabinet to whom the Leader of the Council has delegated a function may delegate on to another Member or Committee.
2. Powers and duties of the Cabinet and Portfolio Holders under their delegated authorisation must be:-
(i) performed on behalf of and in the name of the Council;
(ii) subject to the directions of the Council and of the Cabinet as appropriate;
(iii) subject to powers and duties reserved for confirmation by the Council as set out in Article 4 of the Constitution;
(iv) within the limits of the Council’s approved policy framework and budget;
(v) statutory provisions and restrictions;
(vi) taking into account Officer’s advice; and
(vii) in accordance with the Council’s approved Policies, Procedures, Protocols and Codes of Conduct.
3. Absence of the Leader of the Council:
The Portfolio Holder designated by the Leader as their Deputy may exercise the functions of the Leader of the Council in the absence of the Leader.
4. The Leader of the Council may exercise any of the powers delegated to the Cabinet:
a. Following a resolution of the Cabinet (subject to the Constitution), or
b. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer.
In cases of urgency the decision of the Leader of the Council will be recorded and published in accordance with the Constitution. The Leader of the Council will also be required to make a public statement at the next formal meeting of the Cabinet which will explain why they had taken the decision as a matter of urgency.
5. The Leader of the Council may exercise any of the powers delegated to a Portfolio Holder:
a. In their absence
b. At their request
c. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer, or
d. As the Leader so determines.
6. Where decisions are taken by individual Portfolio Holders under delegated powers the following principles and decisions shall apply:
(a) All delegations to Portfolio Holders will be exercised after consultation and written advice from all relevant Officers.
(b) In cases where there is a significant difference of opinion between Portfolio Holders, the issue will be referred to the Leader of the Council in consultation with the Chief Executive and if necessary to the Cabinet for decision.
(c)The exercise of delegations by Portfolio Holders shall be within the Scheme of Delegated Powers of the Portfolio Holders.
(d) A Portfolio Holder shall not delegate any powers to an Officer unless such delegation is approved by the Leader of the Council.
(e) A Portfolio Holder may, if they consider it appropriate, elect to refer up to the Cabinet, the exercise of any power delegated to them.
7. In cases where there is an overlap in responsibilities between Portfolio Holders, the Leader of the Council shall determine which Portfolio Holder(s) should make the decision.
8. The Monitoring Officer shall in any case of uncertainty and after having considered relevant legislation, determine whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council.
9. A record of Portfolio Holder decisions shall be maintained and published, as set out in Article 7 of the Constitution.
10. In the event of a change to the delegations of Executive Functions by the Leader or to the corporate structure of the Council by the Chief Executive, the changes will take immediate effect. The relevant amendments to this scheme of delegation should be made in the Constitution as soon as practicable.
4.1 THE CABINET COLLECTIVELY
The following details the broad principles of issues that are the responsibility of the Cabinet and which shall be considered by the Cabinet collectively at public meetings:
TERMS OF REFERENCE
To be responsible for Community Leadership for the District of Tendring. To lead the preparation of the District Council’s policies and budget. To take decisions on resources and priorities together with other stakeholders and community partners as appropriate, and to deliver and implement the budget and policies decided by full Council. To be the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs
Developing and making recommendations to the Council in respect of the plans and strategies that form the Council’s policy framework.
Formulations of budgets and other statutory financial requirements for submission to Council.
Monitoring the Council’s budgetary and overall financial position.
Decisions as required by the Council’s Financial and Procurement Procedure Rules including transactions in respect of the Final Accounts.
Decisions outside of the Budget or Policy Framework in accordance with the Procedure Rules.
The approval of strategies, policies, plans and guidance which are the responsibility of Cabinet and are not delegated elsewhere within the Constitution.
Consideration and approval of the acquisition and disposal of property in accordance with the Property Dealing Procedure, legislation and specific consents.
Consideration, approval and determination of objections, under Section 123 of the Local Government Act 1972, received in respect of proposed disposals of land used as public open space. All such consideration and determination to be at a public meeting of the Cabinet.
Power to consider objections received and then determine proposed Traffic Regulation Orders under the Road Traffic Regulations Act 1984 (as amended). All such objections to be determined at a public meeting of the Cabinet.
The approval of planning policy matters that are the responsibility of the Executive such as Local Development Orders and Neighbourhood Plans (including statutory public consultations thereon).
Issues delegated to individual Portfolio Holders that in their opinion a collective decision by the Cabinet is required.
Issued delegated to an Officer that in the opinion of the Management Team a collective decision by the Cabinet is required.
Reviewing from time to time the Council’s Constitution.
4.2 INDIVIDUAL MEMBERS OF THE CABINET (PORTFOLIO HOLDERS)
4.2.1 Responsibilities
The Leader of the Council has delegated overall strategic responsibilities for service areas to members of the Cabinet, known as Portfolio Holders, which are set out in the table below:
Overall strategic responsibilities:
Corporate Vision
Community Leadership
Countywide Leadership role
Representative role at County, Regional and National Level
Corporate priorities and Corporate Planning
Corporate Strategic Performance Management
Officers: Ian Davidson, Chief Executive, Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Keith Simmons (Head of Democratic Services and Elections).
Finance
Financial Strategy
General Fund and Housing Revenue Account Annual Budget
Budget Management
Accountancy
Exchequer
Insurance
Treasury management and banking
Procurement strategy and central purchasing
Internal Audit
Corporate Health and Safety
Officers: Richard Barrett (Assistant Director for Finance and IT and Section 151 Officer) and John Higgins (Head of Digital and Assurance Services).
Legal and Governance
Legal advice and support to Council (re: executive and non-executive functions)
Legal services to departments
Regulation of Investigatory Powers Act 2000 – policy (compliance and co-ordination)
Officers: Lisa Hastings and Linda Trembath, Head of Legal Services
Communications
Corporate Communications
Officers: Lisa Hastings and Will Lodge, Communications Manager
Democratic Services
Council, Cabinet and Committee Services
Corporate Administration including programming meetings
Member support
Member Development
Corporate complaints
Ombudsman issues
Outside bodies appointments and support
Officers: Lisa Hastings and Keith Simmons
Deputy Leader and Economic Growth Regeneration Tourism
Economic Growth
Tendring for Growth
Economic Growth Strategy and representative on the North Essex Economic Board
Economic Partnerships
Business Engagement
Inward Investment
Business Support (employment and development)
Employability, Skills and apprenticeships linked to Business Growth & Vocational Skills agenda and Freeports (*working in conjunction with the Portfolio Holder for Partnerships – education and skills agenda)
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure)
Freeports and Freeport East
Director of Freeport East appointed by the Leader
Officers: As above
Tourism
Tourism Strategy
Tourism Events
Tourism Information and promotion
Airshow
Officers: As above
Corporate Asset Management
Overview of the Property Programme
Overview and formulation of Assets Management Plan, Property Strategy and Property Office Procedures
Property Service providing property advice and support to service areas
Initiation and authorisation of property transactions in accordance with the Property Dealing Procedure
Public Conveniences
Street Furniture
Carbon Neutral Action Plan relating to Council’s Assets
Officers: Damian Williams Corporate Director (Operations and Delivery) and Andy White (Assistant Director Building and Public Realm)
Building Services and Facilities Management
Dangerous structures
Buildings advisory service
Council office and buildings policy including facilities management and maintenance
Depots
Office cleaning
Officers: As above
Bereavement
Crematorium and cemeteries
Officers: As above
ICT
ICT Strategy
ICT contracts
Networks and system support
Data Protection
Information Management
Cyber Security
FOI/EIR requests for information
Internet
Intranet
Telephony
Digital Infrastructure Champion
Officers: Richard Barrett (Assistant Director for Finance and IT and S.151 Officer) and John Higgins (Head of Digital and Assurance Services)
Procurement and Social Value
Procurement Strategy
Social Value Policy
Shared Procurement Service development
Central Purchasing
Officers: Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Karen Townshend, Executive Projects Officer (Governance)Environment
Environment
Pest Control
Food, safety and hygiene
Water safety/quality
Pollution
Animal welfare
Public protection
Environmental Health
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Refuse Collection and Cleansing
Household waste minimisation and collection
Recycling maximisation and collection
Street cleansing
Dog Warden Service
Abandoned Vehicles
Unlawful car sales
Officers: As above
Enforcement matters relating to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licencing Committees)Officers: Damian Williams, Corporate Director (Operations and Delivery)
Coast Protection and Engineering
Coast Protection and flood defence – planning and major schemes
Coast Protection Maintenance
Minor Engineering Works
Sewerage and land drainage
Local highways and lighting functions for example, road closures, street naming, numbering and name plates and highways rangers
Officers: Damian Williams, Corporate Director (Operations and Delivery and Andy White (Assistant Director (Building and Public Realm)
Transport
Fleet management and vehicle workshops
Officers: As above
Climate Change and Carbon Neutral
Champion and Green Issues
Strategy and Policy
Action Plan Development and Monitoring
Officers: Lee Heley Corporate Director (Place and Economy) and Tim R Clarke (Assistant Director for Housing and Environment)
Tendring/Colchester Borders Garden Community
Executive Representative on Tendring/Colchester Borders Garden Community Joint Committee
Executive Steering Group Representative
Housing and Planning
Strategic Housing (Private Sector Housing)
Financial assistance for private sector housing
Houses in Multiple Occupation
Private Sector Housing – regulation and improvement
Tenants Redress Scheme
Private Sector Housing conditions enforcement and advice
Gypsy/Traveller liaison and representative on Essex Countywide Traveller Joint Committee
Home energy efficiency and fuel poverty
Jaywick Sands Team
Housing Stock Review
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Strategic Housing (Housing Options and Allocations)
Housing strategy and development
Homelessness policy and advice and assistance to homeless persons and in housing need
Housing allocation scheme
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Housing Maintenance and Investment Programme
Maintenance of housing assets including sheltered schemes
Housing Investment Programme
Officers: Damian Williams, Corporate Director (Operations and Delivery, Tim R Clarke (Assistant Director for Housing and Environment) and Andy White, Assistant Director (Building and Public Realm)
Housing Management
Sheltered housing
Tenancy management
Housing Revenue Account business plan
Supporting people contract with Essex County Council
Local supporting people
Partnership with registered providers
Enable new opportunities to address housing need through partnership working
Tenant Relations
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Revenue and Benefits
Administration of council tax and housing benefit
Business rates (NNDR) and reliefs
Local Council Tax Support Scheme
Cash Collection/Paypoint
Rent collection
Right to Buy and other disposals
Officer: Richard Barrett, (Assistant Director for Finance and IT and S.151 Officer)
Strategic Planning
Corporate Strategic Oversight of the various planning functions delivered by the Service
Planning Policy and Guidance such as Supplementary Planning Documents and Guidance
Neighbourhood Planning District Council responsibilities
Constructive liaison with the Chairman of the Planning Committee and Chairman of the Planning Policy and Local Plan Committee
Substitute member on the Tendring Colchester Borders Garden Community Joint Committee
Officer: Gary Guiver, Director of Planning
Licensing – Executive Functions
Overseeing licensing policy matters, specifically under the Gambling Act 2005, but more widely (excluding under the Licensing Act 2003) including for taxi and private hire matters.
Officers: Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Keith Simmons (Head of Democratic Services and Elections)
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)Officers: All named in this Portfolio
Leisure and Public Realm
Leisure Services
Sports centres and facilities (representative on Joint Consultative Committees and partnerships with schools)
Sports initiatives and sports development
Communities of interest (Children and Young People for sport and leisure)
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure
Public Realm and Open Spaces
Horticultural Services
Open Spaces
Recreation Grounds
Children’s Play Areas
Public Halls
Sports Clubs
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Andy White Assistant Director (Building and Public Realm)
Seafronts
Seafront Management
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure
Seafronts
Beach Huts
Beach Cleaning
Kiosks
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Andy White(Assistant Director for Building and Public Realm)
Car Parking
Off street car parking service
Traffic Regulation Orders
Strategic parking advice and on street functions as delegated by the Highway Authority
Council’s representative on North Essex Parking Partnership (NEPP)
Electric Vehicle Charging Policy
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Andy White Assistant Director (Building and Public Realm)
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)
Education and Skills Agenda including Job Centre Plus Partnerships
Community engagement, development and empowerment (including consultations, advice and support)
Stakeholder relationships with public and third party organisations
Neighbourhood activities
Officers: As above
Community Safety
Community Safety Partnership
Representative on the Essex Police, Fire and Crime Panel
Crime and Disorder Strategy
Serious Violence Duty
Safeguarding
Officers: As above
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)
Officers: As above
Customer Services
Customer Services
Careline Service
Provision, maintenance and development of CCTV systems
Out of Hours Service
Contact Centre
Switchboard
Officers: As above
Human Resources
Career Track
NB other Human Resources functions are non-executive and some are delegated to the Human Resources and Council Tax Committee, with others being delegated to the Head of Paid Service)
Officers: As above
Equality and Inclusion
Strategy and Champion
Officers: As above
Civil Contingencies
Provision of Emergency Planning
Officers: As above
Civil Contingencies
Business continuity
Officers: Richard Barrett, (Assistant Director for Finance and IT and S151 Officer) and John Higgins (Head of Digital and Assurance Services)
4.2.2 Role of Leader and Individual Portfolio Holders
In addition to the general principles set out in Section 3 above, the role of individual Portfolio Holders with areas of responsibility is as follows:-
To have overall responsibility for the development, implementation and review of Strategies and District Council Policy in relation to their portfolios and to be the main Council spokesperson thereon.
To monitor service performance regarding progress towards achieving strategies and objectives and delivery of service performance targets within approved budgets.
To satisfy themselves as the integrity of financial information and the adequacy of financial controls and risk management arrangements.
To represent and speak on behalf of the Cabinet at the Overview and Scrutiny and Audit Committees when they are dealing with issues in their portfolio.
To be a member of the Cabinet and exercise collective responsibility in decision making and in making recommendations to the Council.
To consult with the Committees, other Members, partners and stakeholders including the public as appropriate in the formulation and development of Council policy within their portfolio.
To inform and consult relevant ward Members when making formal decisions.
To make decisions in accordance with the Council’s Strategies, Policies, Procedures, Protocols and Codes of Conduct or as otherwise required by the Constitution.
4.3 ADDITIONAL SPECIFIC DELEGATIONS TO INDIVIDUAL PORTFOLIO HOLDERS
Corporate Finance and Governance
The monitoring and review of the operation of the Council’s Constitution and recommending amendments to the Constitution to the Cabinet/Council.
To oversee the preparation and recommendation of financial forecasts and annual detailed budget, including Housing Revenue Account.
In consultation with the Chief Financial Officer, to agree the outturn position/report each year (including carry forwards) to provide the necessary flexibility to comply with the new statutory timetable for publishing the Council’s Statement of Accounts.
Overview and presentation of financial monitoring reports to Cabinet.
The exercise of functions delegated to the Portfolio Holder by the Financial and Procurement Procedure Rules.
The approval of the Council’s Council Tax Base and the Government’s Annual NNDR Forecast Return.
Implementation and Monitoring of the Council’s Treasury Management Policy Statement and Treasury Management Practices.
The approval of the draft Annual Capital and Treasury Strategy, in advance of it being formally considered by Cabinet, for consultation purposes with the Resources and Services Overview & Scrutiny Committee. In due course, the Cabinet will then recommend the final version of the Strategy to Full Council for formal adoption.
Assets
Overseeing implementation of the Property Strategy, Property Programme and Property Office Procedures in accordance with the Property Dealing Procedure.
The exercise of functions delegated to the Portfolio Holder by the Property Dealing Procedure.
The exercise of functions delegated to the Portfolio Holder by the Procurement Procedure Rules.
Leisure and Public Realm
To approve the making of car parking regulation orders when requested by Essex County Council.
Proposals for and approve the making of traffic regulation orders where no objections are received.
The determination of Hackney Carriage stands under Section 63 of Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (in consultation with the Portfolio Holder for Housing and Planning).
Housing and Planning
The authorisation of delegated budgets to formally constituted stakeholder groups subject to adequate provision having been made in the revenue estimates approved by Cabinet.
Oversee the preparation of the Housing Revenue Account Business Plan, Housing General Fund, Housing Benefits and the Housing Investment Programme, including rent setting and review, within policy guidelines as determined by the Cabinet.
The development, implementation and amendment, as required, of the Housing Investment Programme in accordance with the annual budget set by Cabinet.
The development and review of the Council’s Local Council Tax Support Scheme for presentation to Cabinet for recommendation to Council for approval.
Ensuring that there is effective two-way communication between the Executive and the Local Plan and Planning Committees. In particular in relation to the implementation of current Development Plan policies and to drafts of any review of the Development Plan
Approval, where permitted, of Master Plans, Conservation Area Management Plans and Development and Design Briefs prepared to support any Development Plan Documents.
To consider and agree responses to consultation exercises on national, regional and sub-regional planning policy issues and on other authorities’ planning documents.
To act as lead portfolio holder in respect of the Council’s Statement of Licensing Policy (Gambling Act 2005).
The approval of grants to organisations within the areas of responsibility (including enhanced rate relief and other discretionary benefits).
Economic Growth, Regeneration and Tourism
To act as lead portfolio holder in respect of all Transport cross-cutting issues.
Engagement with regional and sub-regional partnerships, planning and funding frameworks – including the Haven Gateway Partnership – to promote the interests of the Tendring District and the communities within it.
The approval of grants to organisations within areas of responsibility (including enhanced rate relief and other discretionary benefits).
4.4 DELEGATION OF EXECUTIVE FUNCTIONS TO OFFICERS
With the exception of the matters which the Leader of the Council has determined are to be discharged by the Cabinet or individual Portfolio Holders, as detailed in the Cabinet Scheme of Delegation, the Corporate Directors and, where appropriate, the Assistant Directors have delegated authority to discharge all executive functions within their respective service areas as set out in Article 12, having authority to act on all such matters. The Chief Executive shall determine from time to time what the service responsibilities of Corporate Director and each Assistant Director shall be.
The delegation of powers to officers is underpinned by the principle and culture of consultation and liaison with Members, as appropriate and the ability for officers to refer matters to the relevant decision maker i.e. individual Portfolio Holder or a meeting of the full Cabinet, where it is felt that this is appropriate due to the nature of an issue.
In all cases of delegations to officers where consultation with the relevant Portfolio Holder is necessary, and in cases where the relevant Portfolio Holder is not available, the Leader of the Council is to be consulted.
In instances, where there is disagreement between the officer and the relevant Portfolio Holder the matter should be referred to Cabinet for consideration and determination.
4. The discharge of all such functions by Officers shall be subject to:-
(i) actions being taken in accordance with the Council’s Budget and Policy Framework and other Council Policies, Procedures, Protocols and Codes of Conduct;
(ii) consultation, as appropriate with relevant Portfolio Holder;
(iii) the referral of any required decision or action which is controversial in nature to the appropriate Member decision making individual or body; and
(iv) recording the decision in the required format.
5. The Leader of the Council has delegated authority for executive functions to Chief Executive and the Corporate Directors, however any authority granted to the Chief Executive, a Corporate Director or an Assistant Director, unless otherwise indicated, may be exercised by an Officer authorised by the Corporate Director or Assistant Director in writing for that purpose. The Monitoring Officer will maintain a record of such authorisations which shall be available for inspection.
6. The Corporate Directors and, where appropriate, the Assistant Directors are Designated Officers for the purposes of legislation within their respective service areas as set out in Article 12 of the Constitution and have the power to designate Officers of the authority as an authorised person for purposes relating to legislation falling within their areas of responsibility as set out in Article 12.
7. Any authority which can statutorily only be discharged by Officers with a specific level of qualification must only be conferred to and discharged by such Officers. Furthermore, where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council, only that Officer may discharge the function.
8. The Chief Executive has authority to exercise any executive function delegated to Officers, except where an Officer with appropriate qualifications must only discharge such a delegation or where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council as referred to in paragraph 6.
9. The delegations to Officers include the normally accepted powers and duties of Officers to deal with matters of routine occurrence falling within the scope of their departmental and service responsibilities. This includes all present and future legislation relating to the functions of the service and nothing in this schedule shall derogate from any statutory power or duties conferred or imposed directly on an Officer of the Council.
10. In accordance with the legislative requirements, any Officer making a decision in connection with the discharge of an executive function under their delegated powers shall be responsible for maintaining a record of such decisions and arranging for this to be published on the Council’s website.
11. Where functions, which are the responsibility of the Cabinet, are delegated to Officers, the Cabinet remain accountable to the Council, through overview and scrutiny committees for the discharge of those functions. That is to say, the Cabinet will be held to account for both its decision to delegate a function and the way that the function is being carried out. Officers may be requested to attend an Overview and Scrutiny Committee, if an Officer’s decision is called in.
12. The Monitoring Officer shall determine in any case of uncertainty whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council. Such a determination will be having taken account of relevant legislation.
4.4.1 General Responsibilities delegated to Officers:
All Corporate Directors have the authority to incur expenditure (with the exception of external legal resources) in accordance with the Budget and Policy Framework, Financial Procedure Rules and Procurement Procedure Rules. Instructing external legal resources remains the responsibility of the Assistant Director (Governance).
All Corporate Directors are authorised to apply for planning permission in respect of land and/or buildings owned by or within the control of the Council and held in respect of the functions of a Portfolio Holder. In such instances, consultation with the relevant Portfolio Holder is mandatory
In consultation with the Assistant Director (Governance), all Corporate Directors are authorised to deal with the assignment of leases and granting, variation and renewal of licences up to a maximum duration of 12 months including annual rights of way within their respective service areas of responsibility.
The management and maintenance of all the land holdings occupied or within the control of the service area remit, including health and safety inspections.
All Corporate Directors are authorised to issue and serve notices under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 in respect of functions under the control of a Portfolio Holder.
All Corporate Directors are authorised in consultation with the Assistant Director (Governance), to take all steps in connection with any legal proceedings, in respect of any function under the jurisdiction of a Portfolio Holder including the commencement or defence of, withdrawal, settlement or compromise of any such proceedings.
All Corporate Directors are authorised in consultation with the Assistant Director (Governance), to appear on the Council’s behalf in any legal proceedings, under the jurisdiction of a Portfolio Holder, before all courts, tribunals and inquiries.
All Assistant Directors, in consultation with the relevant Portfolio Holder, Management Team Member and the Assistant Director (Finance & IT), are authorised to decide the level of the annual discretionary fees and charges for their service (including any in-year changes that may be required) for inclusion within the Council’s corporate schedule of fees and charges.
The Chief Executive is delegated the power to authorise compensation payments up to a maximum of £5,000 as a result of Local Government & Social Care Ombudsman or Housing Ombudsman recommendations or by virtue of the Corporate Complaints Procedure.
Schedule 4
Schedule of Proper Officers and Related Provisions
The Officers appointed to the statutory positions of Head of Paid Service, Section 151 Officer and Monitoring Officer are set out in Article 12 of the Council’s Constitution.
Proper Officer and Statutory Officer appointments must be distinguished from powers “delegated” to Officers.
1. Delegated powers:
are confirmed at the Council’s discretion
may be withdrawn or amended; and
may be subject to the observance of conditions and/or compliance with Council policy.
2. Under certain statutes and guidance, the Council is required to appoint a Proper Officer or Statutory Officers to undertake a specific function. In such cases, the effect of the statutory provision is as follows:
the function can only be dealt with through that Officer;
the function can only be discharged by that Officer in the way prescribed by the statutory provision concerned;
the Council cannot direct the way in which the function is discharged.
3. In the absence of the Proper Officers their powers are exercisable by their Deputy or Deputies in absence or by such Officer(s) as the Proper Officer in writing shall appoint
The Council has appointed the following Proper Officers:
Statutory Reference
Function
Proper Officer
Officer to act in event of Proper Officer being unable to
Local Government Act 1972
Section 41
Returning Officer at Local Elections
Chief Executive
Head of Democratic Services and Elections
Section 83
Witness and receipt of Declarations of Acceptance of Office
Chief Executive
Monitoring Officer
Section 84
Receipt of Notice of Resignation
Chief Executive
Monitoring Officer
Section 88
Convening of Meeting of Council to fill casual vacancy in office of Council Chairman
Chief Executive
Monitoring Officer
Section 89
Receipt of Notice of casual vacancy in the case of Councillors
Chief Executive
Monitoring Officer
Section 100B(2)
Exclusion of Reports from inspection by public
Monitoring Officer
Deputy Monitoring Officer
Section 100B(7)
Provision of copies of documents other than Agenda and Minutes to the Press
Monitoring Officer
Deputy Monitoring Officer
Section 100C(2)
Provision of summary of proceedings of a closed meeting
Monitoring Officer
Deputy Monitoring Officer
Section 100D(5)
Provision of background papers
Head of Democratic Services and Elections
Committee Services Manager
Section 100F(2)
Disclosure of documents to Members
Monitoring Officer
Deputy Monitoring Officer
Section 115
Receipt of true account and monies due from Officers
Section 151 Officer
Deputy Section 151 Officer
Section 146
Statutory Declarations and Certificates with regard to securities
Section 151 Officer
Deputy Section 151 Officer
Section 151
Responsibility for provision of adequate and effective Internal Audit function
Section 151 Officer
Deputy Section 151 Officer
Section 191
Functions with respect to Ordnance Survey Act 1841
Director for Planning
Assistant Director (Planning)
Section 210
Powers in respect to local charity
Section 151 Officer
Deputy Section 151 Officer
Section 212
Local Land Charges Register
Assistant Director (Planning)
Support and Development Manager
Section 225(1)
Deposit of Documents
Monitoring Officer
Committee Services Manager
Section 229(5)
Certification of copies of documents intended to be used in legal proceedings
Monitoring Officer
Deputy Monitoring Officer
Section 234(1)
Authentication of Documents
Monitoring Officer
Deputy Monitoring Officer
Sections 236 and 238
Certification of Byelaws
Assistant Director (Governance)
An in-house Solicitor
Schedule 12 – Para 4 (a)
Signature of Council Summons
Chief Executive
Monitoring Officer
Schedule 12 - Para 4 (b)
Receipt of Notice of Address for Council Summons
Head of Democratic Services and Elections
Committee Services Manager
Schedule 14 – Para 25
Certification of Resolutions
Monitoring Officer
Deputy Monitoring Officer
Schedule 16 – Para 28
Receipt of deposit of Lists of protected buildings
Director for Planning
Assistant Director (Planning)
Schedule 22 – Para 17
Authentication of Notices etcetera under the Housing Acts
Corporate Director (Operations and Delivery)
Assistant Director (Housing and Environment)
Local Government (Miscellaneous Provisions) Act 1976
Section 41
Evidence of Resolutions and Minutes of proceedings
Monitoring Officer
Deputy Monitoring Officer
Representation of the People Regulations 1986
Regulation 96
Retention of documents relating to Postal voting
Chief Executive
Head of Democratic Services and Elections
Representation of the People Act 1983
Section 8(2)
Appointment of Electoral Registration Officer (automatically acting Returning Officer in Parliamentary elections)
Chief Executive
Head of Democratic Services and Elections
Sections 18B and 31
Designation of Polling Districts and Places (Parliamentary and Local Government Elections)
Chief Executive
Head of Democratic Services and Elections
Section 52(3)
Deputising for Registration Officer
Deputy Chief Executive
Head of Democratic Services and Elections
Sections 67 to 70
Appointment etcetera of Election Agent
Returning Officer
Returning Officer to appoint Deputies at each election (as required)
Sections 75, 81, 82 and 89
Return of election expenses
Chief Executive
Head of Democratic Services and Elections
Section 128
Publication of election Petition
Chief Executive
Head of Democratic Services and Elections
Section 131
Provision of accommodation for election court
Chief Executive
Head of Democratic Services and Elections
Local Elections (Principal Areas) Rules 1986
Rule 44
Receive notice of Declaration of Result
Chief Executive
Head of Democratic Services and Elections
Rules 46 to 48
Retention of election documents
Chief Executive
Head of Democratic Services and Elections
Police and Crime Commissioner Elections Order 2012
Article 10
Designation of Polling Districts and Places
Chief Executive
Head of Democratic Services and Elections
Local Government Finance Act 1988
Section 114
Report to Full Council in respect of unlawful expenditure or an unbalanced budget
Section 151 Officer
Deputy Section 151 Officer
Section 116
To inform the Authority’s external auditor of the date, time, place and outcome of meetings held under Section 115 of the Act
Section 151 Officer
Deputy Section 151 Officer
Local Government (Committees and Political Groups) Regulations 1990
Regulations 8-10, 13, 14 and 17
Political balance and appointments to committees
Chief Executive
Monitoring Officer
Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000
Regulations 5-8
Functions relating to petitions and referenda for elected mayor
Chief Executive
Monitoring Officer
Local Authorities (Standing Orders) (England) Regulations 2001
Schedule 1 Part II
Administration relating to the appointment and dismissal of a member of staff
Assistant Director (Partnerships)
Human Resources and Business Manager
Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and final determination of ‘Need to Know’
Regulations 2, 7, 10, 12, 13, 14, 15, 16 and 20 and Common Law position
Access to Information Procedure and Recording of Decisions
Monitoring Officer
Deputy Monitoring Officer
Schedule 5
Joint Arrangements
North Essex Parking Partnership
Tendring Council is a member of the North Essex Parking Partnership, which includes the Boroughs and Districts of Braintree, Colchester, Epping Forest, Harlow, Tendring and Uttlesford.
The Partnership adopted responsibility for the ongoing maintenance and enforcement of on-street parking restrictions throughout the north of Essex.
The Partnership’s responsibilities will include the implementation of new parking restrictions and schemes, including ensuring that all existing signs and street lining relating to on-street parking restrictions is in place and is up to standard.
Terms of Reference for Tendring Colchester Borders Garden Community Joint Committee
1. Parties:
Tendring District Council (“TDC”)
Colchester City Council (“CCC”)
Essex County Council (“ECC”)
2. Status:
This Committee is a joint committee for Tendring Colchester Borders Garden Community (TCBGC) formed by resolutions of the Cabinets and Full Councils of TDC, CCC and ECC pursuant to sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972. The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012, Regs 11 (7) and 12 (4) (These regulations determine arrangements involving joint committees and membership).
TDC and CCC have agreed pursuant to Section 28 of the Planning and Compulsory Purchase Act 2004 to prepare a joint local development document, for the purposes of these Terms of Reference to be known as a joint TCBGC DPD, although the name of the Garden Community may change throughout the process.
3. Membership:
2 Members appointed by TDC (one of which must be the Chairman of the Planning Policy and Local Plan Committee and the other must be a Member from a political group that is not represented on the Cabinet) plus 1 Cabinet member appointed by the Leader.
2 Members appointed by CCC (one of which must be the Chairman of the Local Plan Committee) plus 1 Cabinet member appointed by the Leader
2 Members appointed by ECC, one of whom should be a Cabinet Member or Deputy Cabinet Member.
TDC and CCC will also each appoint a Member to serve as their respective Council’s Substitute Member. ECC will appoint two Substitute members.
3.1 All members of the Committee shall have undertaken suitable training which shall have been approved by the parties.
4. Terms of reference:
4.1 The Committee’s remit is to jointly discharge the functions (‘the Functions’) set out in Appendix 1 in relation the Tendring Colchester Borders Garden Community, the exercise of which have been delegated to the Committee by TDC, CCC and ECC, subject to the limitation in paragraphs 4.3 and 4.4.
4.3 The functions delegated by TDC, CCC and ECC include:
(a) To exercise the Council’s functions relating to overseeing the preparation of the joint TCBGC DPD 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 CCC & 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
(b) the power to formulate and prepare a draft Joint Development Plan Document for consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(c) carry out an appraisal of the sustainability of the proposals within the joint TCBGC DPD and approve the findings of the appraisal;
(d) make recommendations to TDC and CBC in relation to the approval of the TCBGC DPD for the purpose of its submission to the Secretary of State for independent examination under Section 20 of the 2004 Act, and consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(e) consideration of amendments or modifications of the joint TCBGC DPD recommended by the person carrying out the independent examination under section 20 of the 2004 Act;
(f) recommend to CCC and TDC adoption of Joint Development Plan Documents in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012; and
(g) the power of the TDC and CCC as local planning authority to determine planning applications by virtue of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
(h) To exercise TDC, CCC and ECC’s local planning authorities’ powers and duties in relation to development control including for the avoidance of doubt the power to approve authorise and direct the respective Local Planning Authorities to enter into agreements regulating the development or use of land pursuant to S106 of the Town and Country Planning Act 1990 and related powers.
4.3 Note that the following are the sole responsibility of TDC and CCC’s full Council’s:
a) Responsibility for giving of instructions to the Cabinet and Joint Committee to reconsider the draft plan submitted by the Joint Committee for the Council’s consideration.
b) The amendment of the draft joint development plan document submitted by the Joint Committee for the full Council’s consideration.
c) The approval of the joint development plan document for the purposes of consultation submission to the Secretary of State for independent examination.
d) The adoption of the joint development plan document.
4.4 Committee shall discharge the functions relating to town and country planning and development control as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended), falling wholly or substantially within the Tendring Colchester Borders Garden Community area shown coloured purple on the plan contained at Appendix 2.
4.5 The Committee may exercise the subsidiary powers authorised pursuant to section 111, Local Government Act 1972 in connection with the discharge of the functions.
4.6 The Committee may exercise the powers of delegation contained in section 101(2), Local Government Act 1972 and agree a Scheme of delegation to officers.
4.7 TDC, CCC or ECC may request an application to be considered by the Committee in accordance with an agreed scheme.
4.8 All members of the Committee shall be entitled to vote on any matter to be determined by the Committee.
5. Standing Orders
5.1 The Committee shall be governed by the Standing Orders set out in Appendix 3.
5.2 The Committee shall have the power to amend the Standing Orders from time to time within the scope of these Terms of Reference following consultation with the Council’s Monitoring Officers.
6. Administration
6.1 The Council which is the local planning authority shall receive applications relating to the functions in the usual way and shall be responsible for all administrative stages leading to and flowing from the exercise of the functions.
6.2 The administration of the Committee will be undertaken by TDC who shall be responsible for all matters connected with the administration of the Committee, including the preparation and dispatch of agendas and securing premises at which the Committee may meet.
Appendix 1
Functions delegated by Tendring District Council and Colchester City Council to the Joint Committee in relation to Tendring Colchester Borders Garden Community
1. The functions delegated by TDC and CCC:
(a) To exercise the Council’s functions relating to overseeing the preparation of the joint TCBGC DPD 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 CCC & 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
(b) the power to formulate and prepare a draft Joint Development Plan Document for consultation under Regulation 18 of the Town and Country Planning (Local Planning)(England) Regulations 2012;
(c) carry out an appraisal of the sustainability of the proposals within the joint TCBGC DPD and approve the findings of the appraisal;
(d) make recommendations to TDC and CCC in relation to the approval of the TCBGC DPD for the purpose of its submission to the Secretary of State for independent examination under Section 20 of the 2004 Act, and consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(e) consideration of amendments or modifications of the joint TCBGC DPD recommended by the person carrying out the independent examination under section 20 of the 2004 Act;
(f) recommend to CCC and TDC adoption of Joint Development Plan Documents in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012; and
(g) the power of the TDC and CCC as local planning authority to determine planning applications by virtue of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
2. The functions delegated by TDC, CCC & ECC:
(a) To exercise TDC, CCC and ECC’s local planning authorities’ powers and duties in relation to development control including for the avoidance of doubt the power to approve authorise and direct the respective Local Planning Authorities to enter into agreements regulating the development or use of land pursuant to S106 of the Town and Country Planning Act 1990 and related powers within the Tendring Colchester Borders Garden Community area showed coloured purple on the plan in Appendix 2.
3. In exercising the functions in paragraph 2(a) the kind of matters that would fall to the Joint Committee to consider, in the determination of planning applications would include:
Housing – all tenures (market, affordable, and specialist housing for elderly persons etc.)
New schools (primary, secondary, special education needs early years and post 16)
Community centre, community hub and library
leisure uses, sports provision, and allotments
Country parks, recreation and public open space
Any waste development proposals.
Sustainable Urban Drainage
Town/neighbourhood centre(s) and associated shops (all shapes and sizes)
Public realm, footpaths and dedicated cycle routes/network
All new roads and road crossing within the Garden Community
Any segregated/dedicated bus routes
Commercial and employment sites, including energy for waste proposals.
Minerals planning applications.
4. In addition the Joint Planning Committee would also have a role in considering:
The heads of terms for S106 obligations relating to the mitigation measures, necessary infrastructure and affordable housing required to deliver a policy compliant development.
Development viability, where relevant, in relation to S106 obligations.
Stewardship model aligned to the S106 and associated permissions.
Ongoing monitoring of the compliance of development with agreed permissions, related obligations/conditions and its implementation to an agreed standard.
Appendix 2
Plan showing Tendring Colchester Borders Garden Community
Appendix 3
Standing Orders for Tendring Colchester Borders Garden Community Joint Committee
1. Appointment of Chair and Deputy Chair
1.1 The Committee shall, at its first meeting in each municipal year, and from time to time as it considers necessary, elect a Chair and Deputy Chair. The Chair and Deputy Chair shall rotate between the Councils.
1.2 In the absence from any meeting of the Chair and Deputy Chair, a Chair for that meeting shall be appointed by the meeting but shall relinquish the chair if the Chair or Deputy Chair subsequently arrives at the meeting.
2. Appointment of Spokespersons
2.1 Each of the Councils shall nominate one of the committee members which it appoints as its spokesperson.
3. Notice of and Summons to Meetings
3.1 The administration of the Committee shall be undertaken by Tendring District Council who will give notice to the public of the time and place of any meeting in accordance with the access to information rules applicable to local authorities. At least five clear days before a meeting, the Committee Service will send an agenda by post and/or electronically to every member of the Committee. The agenda will give the date, time and location of each meeting and specify the business to be transacted and will be accompanied by such details as are available.
3.2 The Committee Service will take reasonable steps to ensure that a copy of the agenda and accompanying papers are placed on deposit at the offices of each of the councils for public inspection at least five clear days before the meeting and are published on the Council’s web sites. The Committee Service will ensure that arrangements are put in place for the inspection of background papers in accordance with section 100D, Local Government Act, 1972 and to ensure compliance with all other provisions of Part VA, of that Act.
3.3 Dates, times and venues for meetings shall be determined by the Committee. In the absence of agreement or in cases of urgency, meetings may be called by the Committee Service following consultation with the Chair and Deputy Chair.
3.4 If at any time Tendring District Council was unable to fulfil its role in providing the administration to the Committee, Colchester City Council or Essex County Council will perform the functions.
4. Membership
4.1 Committee members shall be appointed by the Councils from time to time in accordance with the Committee’s terms of reference. A Council may at any time replace one or more of its nominated members by notice given to the Committee Service.
5. Substitute Members
5.1 Each Council will appoint substitute members in accordance with the Committee’s terms of reference. Each Council will notify the Committee Service of substitute members appointed.
5.2 Substitute members will have all the powers and duties of an ordinary member of the Committee. For the purposes of briefing meetings and circulation of papers, substitute members shall be treated in the same manner as ordinary members.
5.3 Substitute members may attend meetings in the capacity of an ordinary member of the Committee. The substitute member should withdraw from participation as a member of the Committee in the business at that meeting during any period at which the ordinary member is in attendance.
6. Quorum
6.1 The quorum of a meeting of the Committee shall be as follows:
2 Members from Tendring District Council
2 Members from Colchester City Council
2 Member from Essex County Council
7. Public speaking rights
7.1 Members of the public have the public speaking rights set out in Annex A.
7.2 The Committee shall have the power to amend the public speaking rights.
8. Voting
8.1 All members of the Committee shall be entitled to vote upon any decision due to be made by the Committee.
8.2 Every question shall be decided by a show of hands, subject to Rule 8.3.
8.3 If any member demands a named vote and is supported by two other members, the question shall be determined by a named vote and the Committee Service shall record and enter in the minutes the names of each member present and whether they voted for or against or abstained.
8.4 Any member may, immediately after any vote is taken, require a record to be made in the minutes of whether they voted for or against or abstained.
8.5 If there are equal numbers of votes for and against, the Chair will have a second and casting vote.
9.0 Tenure of office
9.1 A member shall cease to be a member of the Committee if the person
(a) resigns in accordance with paragraph 9.3;
(b) is removed or replaced by the Council which made the appointment; or
(c) ceases to be a member of a constituent Council (and does not on the same day again become a member of that or any other Council).
9.2 A person who ceases to be a member of the Committee shall be eligible for reappointment.
9.3 A member may resign from the Committee by sending written notice delivered to the proper officer of the Council which appointed the member;
9.4 Any casual vacancy shall be filled as soon as practicable by the body which appointed the member of the Committee whose membership has ceased.
10. Minutes
10.1 The Chair will sign the minutes of the Committee at the next suitable meeting. The Chair will move that the minutes of the previous meeting be signed as a correct record.
11. Exclusion of Public
11.1 Members of the public and press may only be excluded either in accordance with the Access to Information provisions of the Local Government Act 1972 (consideration of ‘exempt information’) or Rule 13 (Disturbance by Public).
12. Disorderly Conduct: Misconduct of a Member
12.1 If at any meeting of the Committee any member, in the opinion of the Chair, misconducts themselves by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly or offensively, or by wilfully obstructing the business of the Committee, the Chair or any other member may move "That the member named be not further heard", and the motion if seconded shall be put and determined without discussion.
12.2 If the member named continues their misconduct after a motion under the foregoing Rule has been carried, the Chair shall either move "that the member named do leave the meeting" (in which case the motion shall be put and determined without seconding or discussion); or adjourn the meeting of the Committee for such period as in their discretion shall consider expedient.
12.3 In the event of a general disturbance which in the opinion of the Chair renders the due and orderly despatch of business impossible, the Chair, in addition to any other power vested in him/her, may adjourn the meeting of the Committee for such period as in their discretion shall consider expedient.
13. Disorderly Conduct: Disturbance by members of the public
13.1 If a member of the public interrupts the proceedings at any meeting the Chair shall warn them. If a member of the public continues the interruption the Chair shall order their removal from the meeting.
13.2 In case of a general disturbance in any part of the room open to the public the Chair shall order that part to be cleared.
14. Suspension of Standing Orders
14.1 Any of these Standing Orders may, so far as is lawful, be suspended by motion passed unanimously by those entitled to vote on the application in question. Any motion to suspend any part of these rules shall specify the purpose of their suspension. Any suspension shall only be to the extent and for the length of time necessary to achieve the stated purpose.
15. Attendance at the Committee by other members of the Councils
15.1. A member of any of the Councils who is not a member of the Committee may speak at a meeting of the Committee at the request or with the permission of the Committee or of its Chair made or obtained before the meeting. Such request or permission shall specify the matters in respect of which the member shall be permitted to speak.
16. Attendance at the Committee by Council Officers
16.1 The relevant Officers from the Councils will attend the Committee meetings to present the reports and advise the Committee in relation to its decision making.
17. Statements of Community Involvement
17.1 Public consultation in relation to pre application matters shall be dealt with in accordance with the Statement of Community Involvement or other appropriate procedures of the Council responsible for issuing the consent.
Annex A: Public Speaking Rights
Part A
Public Speaking Arrangements- General
1. Members of the public, who want to speak about an item which is to be considered at a meeting of the Committee can do so if they have notified the Committee Service by 12.00 noon on the working day before the meeting. Email: democraticservices@tendringdc.gov.uk or Telephone (01255) 686584 or 686585.
At the Committee Meeting
2. Agenda items for which there are public speakers are taken first, normally in the order of the agenda.
3. The Chair will invite public speakers to speak following the Officer’s introduction to the report on the item. The Chair will ask public speakers to come to the table at the beginning of the discussion of the report of the relevant item.
4. Each public speaker will be allowed three minutes in which to make their representation. The Chair will tell the speaker when the three minutes has elapsed and the speaker must stop when requested by the Chair. The Chair has discretion to extend this time limit.
5. Following the public speakers, the Chair will invite any Ward and Division Councillors present to each speak for up to five minutes. The Chair will tell the Councillor when the five minutes has elapsed and the Councillor must stop when requested by the Chair. The Chair has discretion to extend this time limit.
6. A representative of the TCB Community Liaison Group and a representative from Parish and Town Councils within the Tendring Colchester Garden Community area will each be allowed five minutes in which to make their representation. The Chair will tell the representative when the five minutes has elapsed and the representative must stop when requested by the Chair. The Chair has discretion to extend this time limit.
7. All speakers should address the Chair of the Committee, which is the normal convention for Committees.
8. Public speakers should remember to:
Keep to 3 minutes or whatever other period has been agreed.
Highlight the main points they wish to raise and be as brief and concise as possible.
Be courteous
At the conclusion of the public speaking, the Committee will discuss and determine the item
PART B
Public Speaking Arrangements- Planning Applications
1. Members of the public, or applicants or their agents, who want to speak about an application which is to be considered at a meeting of the Committee can do so if they have:
(a) in the case of members of the public, already submitted a written representation on an application; and
(b) notified the Committee Service by 12.00 noon on the day before the meeting.
2. A member of the public who has made a written representation on a planning application which is to be determined by the Committee, will be notified in writing about the committee date and their public speaking rights in the week before the Committee meeting.
At the Committee Meeting
3. A list of public speakers is available at the meeting. Agenda items for which there are public speakers are taken first, normally in the order of the agenda.
4. Each speaker will be allowed three minutes in which to make their representation. The Chair will tell the speaker when the three minutes has elapsed and the speaker must stop when requested by the Chair. The Chair has discretion to extend this time limit.
5. If more than one person wants to make a representation about the same application, then they should choose someone to act as a spokesperson. When several people wish to speak on the same application but wish to raise different issues, the Chair may agree to those speakers making representations. In these circumstances, less time may need to be given to each speaker.
6. The Chair will ask the speaker to come to the table at the beginning of the discussion of the report on the relevant application. The Chair will then invite them to speak following the Officer’s introduction to the report on the application.
7. The speaker should address the Chair of the Committee, which is the normal convention for Committees.
8. Speakers should remember to:
Keep to 3 minutes or whatever other period has been agreed.
Keep to the planning issues raised by the application.
Highlight the main points they wish to raise and be as brief and concise as possible.
Be courteous.
At the conclusion of the public speaking, the Committee will discuss and determine the planning application.
Appendix One to Part Three of the Constitution
[Appendix One replicates The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 Statutory Instrument, made on 19 October 2000, laid before Parliament on 26 October 2000 and which came into force on 16 November 2000. This is available on the attached PDF document.]
Part 3 - Responsibility of Functions
Scheme of Delegated Powers
Responsibility for Functions
Delegated Powers
General
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) give effect to section 13 of the Local Government Act 2000 by specifying:
(a) which functions are not to be the responsibility of the Executive (Cabinet), as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and as detailed in the Appendix to this part of the Constitution;
(b) functions which may (but need not) be the responsibility of the Executive (Cabinet) (local choice functions); and
(c) which are to some extent the responsibility of the Executive.
All other functions not so specified are to be the responsibility of the Executive.
Every decision of the Cabinet, a Portfolio Holder, Committee, Sub-Committee, Working Party or Officer under delegated powers shall comply with the Council’s Constitution and in particular with its Budget and Policy Framework, Council Procedure Rules, Financial Procedure Rules and Procurement Procedure Rules and any expenditure involved is subject to such compliance.
1. Responsibility for Local Choice Functions
Local Choice functions are those, which may (but need not) be the responsibility of the Cabinet. Schedule 1 of Part 3 of the Constitution details the responsibility for those local choice functions as set out in Schedule 2 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as determined by the Council.
2. Responsibility for Council (Non-Executive) Functions
The roles and responsibilities of full Council are set out in Article Four of the Constitution. The specific functions set out in Schedule One to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 which are retained for determination by full Council are set out in Schedule Two.
The full Council has established those non-executive committees as set out in Schedule Two of this Part of the Constitution to discharge those functions, which are not to be the responsibility of the Executive, as set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and the Appendix to Part Three of the Constitution. Decisions relating to these functions shall be made in one of the following ways:
(a) By one of the non-executive Committees listed in Schedule Two of this Part Three of the Constitution;
(b) By Officers, in consultation with a Member, in accordance with the Scheme of Delegation to Officers;
(c) By Officers; or
(d) Where any matter involves amendment to the Budget and Policy Framework, by the Council following receipt of advice from the relevant non-executive Committee and the Cabinet.
Schedule Two sets out the arrangements for delegation of non-executive functions to the above.
3. Responsibility for Executive (Cabinet) Functions
The Cabinet is responsible for making all decisions within the Budget and Policy Framework set by full Council, except for decisions in connection with those matters, which cannot be the responsibility of Cabinet as specified in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. Details of the overall responsibilities of the Cabinet are set out in Schedule 3 of Part 3 of the Constitution. Decisions in respect of executive functions shall be made in one of the following ways:
(a) the Cabinet collectively, at public meetings;
(b) By an individual Member of the Cabinet (Portfolio Holder), within their areas of responsibility and delegated powers;
(c) An Officer, in consultation with a Portfolio Holder;
(d) An Officer, or
(e) Where the decision is outside the Budget and Policy Framework, by full Council following receipt of advice from the Cabinet collectively.
Schedule Three sets out the arrangements for delegation of executive functions to the above.
4. Overview and Scrutiny Functions
The functions of the Council’s overview and scrutiny function are set out in Article Six of the Constitution.
Schedule 1
Responsibility for Local Choice Functions
Local Choice Functions are those functions, which may (but need not) be the responsibility of the Executive (the Cabinet). The below details the responsibility for local choice functions, as determined by the Council.
Any function under a local Act, other than a function specified under Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000. Decision-making body: Council
The determination of an appeal against any decision made by or on behalf of the authority. Decision-making body: Council Delegation of the function: The relevant non-executive Committee, unless expressly specified within the terms of reference elsewhere.
The conduct of best value reviews in accordance with the provisions of any order for the time being having effect under Section 5 of the Local Government Act 1999. Decision-making body: The relevant Overview and Scrutiny Committee
Any function relating to contaminated land Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The service of an abatement notice in respect of a statutory nuisance Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 shall apply in the authority’s area Decision-making body: Council Delegation of the function: Licensing and Registration Committee
Any function under a local Act, other than a function specified under Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The investigation of any complaint as to the existence of a statutory nuisance Decision-making body: Council Delegation of the function: Licensing and Registration Committee and further delegation to Corporate Director (Operations and Delivery)
The obtaining of information under Section 330 of the Town and Country Planning Act 1990 as to interests in land Decision-making body: Council Delegation of function: Deputy Chief Executive & Corporate Director (Place and Economy)
The obtaining of particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 Decision-making body: Council Delegation of the function: Chief Executive and All Corporate Directors
The appointment of any individual: (a) to any office other than an office in which they are employed by the authority; (b) to any body other than – (i) the authority; (ii) a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body; and the revocation of any such appointment. Decision-making body: Council Delegation of function: Chief Executive
The making of agreements with other local authorities for the placing of staff at the disposal of those authorities. Decision-making body: Council Delegation of the function: Chief Executive
Schedule 2
Responsibility for Council (Non-Executive) Functions
General Matters/Principles
Detailed below are the general matters/principles which underpin the Council’s scheme of delegation in respect of non-executive functions.
1. The Council is responsible for determining the scheme of delegation for all non-executive functions.
2. Powers and duties of Non-Executive Committees are subject to the general instructions which contain the framework within which such delegations must be exercised as follows:
(a) Performed on behalf of and in the name of the Council;
(b) Within their areas of responsibility and limits as set out in the Constitution subject to the action being within the Council’s Budget and Policy Framework;
(c) Subject to the directions of the Council and of the Cabinet or Non-Executive Committee as appropriate;
(d) Subject to powers and duties reserved for confirmation by the Council;
(e) In accordance with the Council’s Financial Procedure Rules and Procurement Procedure Rules;
(f) Delegate, as appropriate, matters to: (i) a Sub-Committee or panel; (ii) to an Officer in consultation with the Chairman or Vice-Chairman of a Committee, Sub-Committee or panel, as appropriate; or (iii) an Officer.
3. Non-Executive Committees have the power to discharge those functions within their areas of responsibility, with the exception of decision-making reserved to full Council.
4. The tables within this Schedule detail functions retained for discharge by full Council and which of the Council’s Committees are responsible for discharging those functions, set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) which are relevant to the functions of Tendring District Council, that cannot be the responsibility of the Council’s Executive (the Cabinet) and the Appendix to Part 3 of the Constitution. These tables also identify those functions which have been delegated to Officers.
5. The Council may by resolution at any time vary, enlarge, restrict, or reduce any non-executive function, power or duty referred to a Committee, Sub-Committee or Officer.
6. The Chief Executive is authorised to deal with any matter on exceptional grounds of urgency, following consultation with the Leader of the Council or Deputy, the Chairman and Vice-Chairman of the appropriate Committee in respect of non-executive matters.
7. The delegation of powers to Officers is underpinned by the principle and culture of consultation and liaison with Members, as appropriate and the ability for Officers to refer matters to the relevant decision making body, where it is felt that this is appropriate due to the nature of an issue.
8. The express authorisations to Officers set out in this Schedule are in addition to the normally accepted powers and duties of Officers to deal with matters of routine occurrence falling within the scope of their departmental responsibilities as set out in Article 12 which includes all present and future legislation related to the functions of the service and nothing in this Schedule shall derogate from any statutory powers or duties conferred or imposed directly on an Officer of the Council.
9. In cases where matters are delegated to Officers, but must also be discharged in consultation with the Chairman of the relevant Committee, and in cases where the Chairman is not available, the Vice-Chairman of the Committee is to be consulted. In instances, where there is disagreement between the Officer and the Chairman the matter should be reported to a meeting of the relevant Committee for consideration and determination. Furthermore, an Officer with delegated powers to discharge a function, or the Member being consulted has the option to refer the matter to a meeting of the relevant Committee for determination where this is felt to be necessary and/or appropriate.
10. All delegations to Officers are made to the Corporate Directors, unless expressly indicated otherwise. Any Corporate Director is empowered to exercise any of the powers of another Corporate Director, where this is necessary, subject to the provisions set out in paragraph 13.
11. The Corporate Directors are Designated Officers for the purposes of legislation within their respective service areas as set out in Part 8 of the Constitution and have the power to authorise other Officers of the authority, as Designated Officers and authorised persons for purposes, relating to present and future legislation falling within their areas of responsibility.
12. Any authority granted to the Chief Executive or a Corporate Director, unless otherwise indicated, may be exercised by an officer with appropriate qualifications authorised by a Corporate Director in writing for that purpose. The relevant Corporate Director will maintain a record of such authorisations, a central record of which will be kept by the Monitoring Officer and available for inspection.
13. Any authority which under statute or best practice guidance should only be discharged by Officers with a specific level of qualification must only be conferred to and discharged by such Officers. Furthermore, where the matter relates to a statutory power or duty conferred or imposed directly on an officer of the Council, only that Officer may discharge the function.
14. The Chief Executive has authority to exercise any function delegated to Officers, except where an Officer with appropriate qualifications must only discharge such a delegation or where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council.
15. The Monitoring Officer shall:
Determine any conflict between any two or more Officers acting under any authorisation; and
(ii) In any case of uncertainty, and having considered relevant legislation, determine whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council.
16. In the event of a change to the corporate structure of the Council, the responsibility for issues delegated to each Corporate Director shall be amended accordingly and will take immediate effect. The relevant amendments to this scheme of delegation should be made in the Constitution as soon as possible.
17. All Corporate Directors are authorised in consultation with the Assistant Director (Governance) to take all steps in connection with any legal proceedings, in respect of any function under the jurisdiction of a Portfolio Holder including the commencement or defence of, withdrawal, settlement or compromise of any such proceedings.
18. All Corporate Directors are authorised in consultation with the Assistant Director (Governance) to appear on the Council’s behalf in any legal proceedings, under the jurisdiction of a Portfolio Holder, before all courts, tribunals and inquiries.
Responsibility for Council (Non-Executive) Functions: Committees, functions and terms of reference, and delegated functions.
Full Council
Functions and terms of Reference:
Those functions retained for responsibility by Full Council as set out in Article 4 of the Constitution and the following specific functions as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
D. Discharge the following Functions relating to Elections:
Duty to appoint an Electoral Registration Officer
Power to dissolve Parish Councils
Power to make orders for grouping parishes, dissolving groups and separating parishes from groups
Duty to appoint Returning Officer for local government elections
Power to fill vacancies in the event of insufficient nominations
Power to submit proposals to Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000
Duty to consult on change of scheme for elections and associated powers under the Local Government Public Involvement and Health Act 2007
E. The discharge of the following functions:
relating to the Name and Status of Areas
Power to change the name of the district or parish
Power to petition for a charter to confer borough status
EB. Discharge the Duties, Functions and Powers:
relating to Community Governance
F. Power to Amend, Revoke or Re-enact Byelaws
G. Power to Promote or Oppose Local or Personal Bills
Discharge of the following miscellaneous functions – Part II:
Power to make standing orders (this includes amendments to the Constitution)
Power to make standing orders as to contracts
Duty to make arrangements for the proper administration of financial affairs
Power to appoint Officers for particular purposes (appointment of “Proper Officers”)
Duty to designate Officer as the head of the authority’s Paid Service, and to provide staff, etc.
Duty to designate Officer as the Monitoring Officer, and to provide staff, etc.
Duty to provide staff etc. to person nominated by Monitoring Officer
Power to make payments or provide other benefits in cases of maladministration
Other matters:
Those as set out in Article 4 of the Constitution together with:
Prepare and approve a Pay Policy Statement for the financial year in accordance with Chapter 8 of the Localism Act 2011.
The appointment of the Chief Executive
On the recommendation of the Human Resources and Council Tax Committee: (a) the dismissal including redundancy, in accordance with the statutory provisions, of the Chief Executive, Chief Finance Officer or Monitoring Officer (following the outcome of an Independent Panel) (b) The voluntary early retirement and voluntary redundancy of the Chief Executive (c) The retirement on grounds of ill health of the Chief Executive on the recommendation of the Council’s medical advisor (d) the terms and conditions of the Chief Executive
Delegated Functions
Chief Executive in consultation with the Council Chairman:
Agreeing the scale of fees payable at elections at District and Parish Councils, referenda and Parish Polls.
Chief Executive:
Returning Officer at Local Elections
Power to assign Officers in relation to requisitions of the Registration Officer
To divide constituency, electoral divisions and wards into polling districts and designate their polling places
Powers in respect of holding of elections
Power to pay expenses properly incurred by Electoral Registration Officers
Duty to declare vacancy in office in certain cases
Duty to give public notice of a casual vacancy
Power to make temporary appointments to parish councils
Regrading posts, restructuring and determining staff levels (except where Section 4 of the Local Government Act 1989 applies and it is appropriate for the full Council to consider any proposals of the Head of Paid Service in this regard)
Power to authorise compensation payments up to a maximum of £5,000 as a result of Local Governance & Social Care Ombudsman or Housing Ombudsman recommendations or by virtue of the Corporate Complaints Procedure
Chief Executive or Monitoring Officer:
The Proper Officer before whom a Member’s formal Declaration of Acceptance of Office may be made
The appointment or removal of any individual to/from a Committee, Sub-Committee, panel or working party at the request of the relevant Group Leader.
The advertisement of vacancies for the position of Independent
Audit Committee
Functions and terms of Reference:
The discharge of the following miscellaneous functions – Part II as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities Regulations) (England) 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Duty to approve the authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).
Additional roles and functions of the Committee are as set out below:
To provide independent assurance of the adequacy of the risk management framework and the associated control environment;
To provide independent scrutiny of the Council’s financial and non-financial performance to the extent that it affects the Council’s exposure to risk and weakens the control environment;
Considers the annual budget for the internal audit service as part of the Council’s budget setting process; and
To oversee the financial reporting process:
Audit Activity
Considering the Internal Audit Manager’s annual report and opinion and a summary of internal audit activity (actual and proposed), and the level of assurance it can give over the Council’s corporate governance arrangements.
Considering reports on the operation of internal audit and summaries of specific internal audit reports where requested.
Considering reports from internal audit on agreed recommendations not implemented within a reasonable timescale.
Assessing external auditor and external regulatory reports and monitoring any quality improvement programmes where required. Comments are provided to Cabinet as appropriate.
Commenting on the scope and depth of external audit work and ensuring it gives value for money.
Liaising with the Audit Commission in regard to the appointment of the Council’s external auditor.
Regulatory Framework
Reviewing significant issues referred by the Chief Executive, Cabinet or any Council Committee (subject to the availability of resources within the approved audit plan).
Monitoring the effective development and operation of risk management and corporate governance.
Monitoring Council policies on “Raising Concerns at Work”, the whistleblowing policy and the anti-fraud and corruption strategy.
Overseeing the production of the Code of Corporate Governance, including the Statement of Internal Control.
Considering the arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice.
Considering the Council’s compliance with its own and other published standards and controls (other than those covered by the Standards Committee).
Accounts
Reviewing and approving the annual statement of accounts.
Considering whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.
Receiving the external auditor’s report to those charged with governance.
Delegated Functions
Section 151 Officer and Internal Audit Manager: The provision of advice and support to the Audit Committee on all aspects of its functions and duties.
Planning Policy and Local Plan Committee
Functions and terms of Reference:
To exercise the Council’s functions relating to overseeing the preparation of the Local Plan* and ensuring it meets the “tests of soundness” from national and planning policy.
The exercise of the Council’s functions, powers and duties in relation to the following:
To oversee the preparation of the new Tendring District Local Plan* to ensure that it meets the “tests of soundness” set out in the National Planning Policy Framework.
To ensure that the Local Plan* is “positively prepared”, based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
To ensure the Local Plan* is “justified”, promoting the most appropriate strategy for growth, when considered against reasonable alternatives, based on proportionate evidence.
To ensure that the Local Plan* is “effective”, being deliverable over the plan period and based on effective joint working on cross-boundary strategic priorities.
To ensure that the Local Plan* is “consistent with national policy” enabling the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework.
To ensure that the Council effectively complies with the statutory duty to co-operate.
To consider and recommend the content of the Local Plan*, in consultation with the Cabinet, for consideration and formal approval by Full Council for either public consultation (preferred options or pre-submission versions), submissions to the Secretary of State (to be examined by a Planning Inspector), or final adoption (following receipt of the Planning Inspector’s report).
To recommend Supplementary Planning Documents (SPDs) and other planning documents to Cabinet for public consultation and final adoption.
To approve the preparation, commissioning and subsequent publication of studies, surveys and other technical documents that form part of the “evidence base” needed to justify the content of the Local Plan*, Supplementary Planning Documents (SPDs) and other planning documents.
To scrutinise, note and understand the recommendations and conclusions of the “evidence base” to ensure that it provides a robust platform upon which to base policies and proposals in the Local Plan*, SPDs and other planning documents.
To approve the publication of the Annual Monitoring Report (AMR) each year and to consider whether or not it highlights development trends that may or may not require changes to policies or proposals in the Local Plan*, SPDs or other planning documents.
To consider representations submitted in response to public consultation exercises on the Local Plan*, SPDs or other planning documents and consider the need for any changes to these documents in response to any issues that they raise.
Approve the work programme required for the Committee to undertake its functions effectively and in a timely manner.
Refer to Cabinet any recommendations in respect of the Council’s overall strategy, policies and guidance, where functions are the responsibility of the Cabinet, such as Supplementary Planning Documents.
Approve for recommendation of non-statutory planning policy and guidance to be considered by the Council, the Planning Committee, Cabinet (for executive functions), officers in the discharge of its statutory planning functions, including (but not limited to) avoiding detriment to local neighbourhoods (as long as they are not contrary to the National Planning Policy Framework).
*The Local Plan can consist of one or more “Development Plan Documents” which could include one document for the majority of the Tendring District and a separate document, if necessary, prepared jointly with Colchester Borough Council, for any major development crossing the Tendring/Colchester border.
Planning Committee
Functions and terms of Reference:
The discharge of the Town and Country Planning and Conservation functions as specific in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Additional roles and functions of the Committee are as set out below:
Any formal comment or view on applications or proposals to be determined by Essex County Council, any Statutory Body and government departments relating to matters within the remit of the Committee.
The discharge of the Miscellaneous functions – Part 1 – relating to Public Rights of Way, within the District Council’s responsibility as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
The discharge of the following Miscellaneous functions – Part II – relating to hedgerows, trees and hedges as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Delegated Functions
All planning and conservation matters delegated to the Assistant Director (Planning) except in relation to the determination of certain planning applications as detailed below for determination by the Committee:
Officer recommendations for approval materially contrary to national or local policy.
Officer recommendation of approval contrary to a previous refusal by the Planning Committee, where the policies remain substantially unchanged.
Office recommendation of approval and the application should be referred to the Secretary of State under a Direction(s) or “call in”.
The applicant is the Council or someone acting as applicant on the Council’s behalf or in respect of Council owned land.
The applicant is a Member of the Council, Planning Officer or a Senior Officer and there is an Officer recommendation for approval.
Within 35 days of the commencement of formal consultation, a written request is received from a Tendring District Councillor in accordance with the Member Referral Scheme(*) requesting that the application should be brought before the Planning Committee for determination giving material planning reasons for that request. (*) Scheme to be approved by Full Council
Any application which the Assistant Director (Planning) in their professional opinion, taking into account the written representations received, plans and policies and other material considerations to be referred to the Planning Committee because it raises more than significant local issues.
All public rights of way matters delegated to the Corporate Director (Operations and Delivery)
All hedgerows, trees and hedges matters delegated to the Assistant Director (Planning).
Human Resources and Council Tax Committee
Functions and terms of Reference:
Human Resources
The discharge of the following Part II – miscellaneous functions as set out in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended), and as detailed in Appendix 1 to Part 3 of the Constitution.
Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal).
Additional roles and functions of the Committee are as set out below:
Decision-making on key Human Resource and Personnel issues not reserved by the Council or delegated to officers.
Strategic Overview and Monitoring of General Staffing Profile and Data through assessment and consideration of periodical statistical reports.
Agreement of key personnel policies, including but not exclusively: Recruitment and Selection Pay and Reward Performance Management Flexible Working and Work Life Balance Equality and Diversity Discipline and Grievance Managing Change Human Resources and Organisation Development Strategy
The recommendation to Council of the terms and conditions of service, dismissal including redundancy, voluntary redundancy and voluntary early retirement of the Chief Executive.
The recommendation to Council of the retirement on the grounds of ill health of the Chief Executive on the recommendation of the Council’s Medical Advisor.
The appointment and dismissal of and, disciplinary action against the Corporate Directors, Assistant Directors and Heads of Service.
Undertake the function of an advisory Independent Panel in accordance with the statutory provisions for the Chief Executive, Chief Financial Officer and Monitoring Officer (together with the Independent Persons)
Council Tax
To exercise the Council’s functions relating to the formal acceptance of Council Tax precepts from the major precepting authorities.
The exercise of the Council’s functions, powers and duties in relation to the Terms of Reference.
Delegated Functions
Chief Executive:
Regrading posts, restructuring and determining staffing levels (except where Section 4 of the Local Government and Housing Act 1989 applies and it is appropriate for the full Council to consider any specific proposals of the Head of Paid Service in this regard).
Chief Executive in consultation with the Assistant Director (Partnerships):
The approval of a redundancy or mutually agreed Settlement Agreement for dismissal of staff up to and including Management Team level.
Any Corporate Director in consultation with the Assistant Director (Partnerships):
The exercise and performance of the Council’s functions, powers and duties in relation to applications for extensions of sick pay entitlement.
The recruitment and appointment of permanent staff up to, but not including the Corporate Directors above, in consultation with the Workforce Panel and in accordance with the Council’s agreed procedures.
Assistant Director (Partnerships) in consultation with the Corporate Director (Operations and Delivery)
Minor amendments to Human Resources Policies and Procedures necessary as a result of legislation, national guidance or best practice.
Approval of Pension Scheme related matters.
The Chief Executive and Corporate Directors shall have authority to act in relation to all matters within their areas of responsibility in connection with management of staff including terms and conditions of employment and dismissal in accordance with the Council’s Human Resources Policies and Staff Handbook as maintained on the Council’s Intranet.
Human Resources Sub-Committee
Functions and terms of Reference:
Forms part of the recruitment, dismissal and disciplinary process for the appointment of Senior Officers (as defined in Paragraph 3 of Part 11 of Schedule 2 of the Local Authorities (Standing Orders) (England) Regulations 2001 (as amended), which includes the following posts: Chief Executive Section 151 Officer; Monitoring Officer; Chief Officers (Corporate Directors, Directors and Assistant Director (Partnerships)); and All Deputy Chief Officers (Assistant Directors and other such Senior Officers as defined within the Regulations)
Form a panel to undertake interview of applicants for Senior Officer posts who have successfully been shortlisted and undertaken necessary technical interviews and assessments.
The Panel will be comprised of 3 members normally consisting of: a Portfolio Holder, as determined by the Leader of the Council. The Leader will have the right to appoint a substitute for the Portfolio Holder if they will be unable to attend or if otherwise necessary; the Chairman or Vice-Chairman of the Human Resources & Council Tax Committee; and a named committee member from a political group that is not represented on the Cabinet.
The Panel must take into account the views and professional advice given by the relevant officers before an offer of appointment can be made.
The Panel will notify the Assistant Director (Partnerships) of the name of the person to whom the post is to be offered and any other matter relevant to the appointment.
The Panel will determine whether any objection received from Cabinet through the Leader is valid and the offer of appointment should be made.
In the case of the Chief Executive and Monitoring Officer, the Panel will recommend to Council to approve the appointment before an offer is made.
Delegated Functions
Assistant Director (Partnerships):
Notify all members of Cabinet of the name of the person to whom the post is to be offered and any other matter relevant to the appointment
Receive any objection from Cabinet through the Leader to the appointment within the 3 day period for objections
Licensing and Registration Committee
Functions and terms of Reference:
Functions relating to licensing, registration (B), Health and Safety at Work (C) and Smoke-free premises (FA) as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Additional roles and functions of the Committee are as set out below:
Deciding whether to make a change to the Hackney Carriage Fare Scale operative within the Tendring District having considered the representations received in response to the Public Notice duly given pursuant to Section 65 of Part II of the Local Government (Miscellaneous Provisions) Act 1976;
Recommending the Licensing Policy Statement to full Council and the Gambling Statement of Licensing Policy to Cabinet;
Power to consider, consult and consider representations in respect of an Early Morning Restriction Order (EMRO) under Sections 172A to 172E of the Licensing Act 2003 and to recommend implementation or rejection of application for EMRO to Full Council; and
Power to consult and consider representations in respect of Late Night Levy (LNL) Provisions under Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 and to recommend implementation or rejection of an application to introduce LNL to Full Council.
The discharge of the following Part II – Miscellaneous Functions as set out in Schedule 1 of the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution:
Power to make closing order with respect to take away food shops; and
Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.
In addition the following powers and duties:
The setting of any fees and/or charges payable to the Council for the issue of any licences where the Council has discretion over such fees and/or charges) or otherwise in relation to any of the functions falling within the remit of the Licensing and Registration Committee and its Sub-Committees.
Delegated Functions
All licensing and registration functions are delegated to the Miscellaneous Licensing Sub- Committee or the Premises/Personal Licences Sub- Committee as detailed below and otherwise the Assistant Director (Governance) except determining standard licensing conditions and determining or recommending proposed policies, which remain with the Committee.
All functions relating to Health and Safety at Work and Smoke Free Premises are delegated to the Corporate Director (Operations and Delivery).
The initial, in principle, consideration of a proposal received for a change to the Hackney Carriage Fare Scale operative within the District and decision to give public notice (pursuant to Section 65 of Part II of the Local Government (Miscellaneous Provisions) Act 1976) of the Council’s intention to amend the Fare Scale is delegated to the Assistant Director (Governance) in consultation with the Chairman of the Committee
Miscellaneous Licensing Sub-Committee
Functions and terms of Reference:
To consider and determine matters relating to all licences, consents, registrations and certificates that fall within the terms of reference of the Licensing and Registration Committee, except where:
The function relates to the Licensing Act 2003 and/ or the Gambling Act 2005; or
The function has been delegated to Officers of the Council.
In addition the Sub-Committee will exercise the following powers and duties:
Consideration for recommendations to local Highway Panel and Cabinet on: installation of new taxi ranks and amendments/removals to existing taxi ranks.
Consider appeals or objections received against the Council’s Street Trading Policy or refusal of consent by Officers.
Consider appeals or objections received against Officers’ refusal of Street or House Collection applications.
Delegated Functions
All matters are delegated to the Assistant Director (Governance) except in circumstances where the matter:
remains with the Committee or Sub-Committee or
officers are recommending approval contrary to a relevant adopted licensing policy.]
Premises/Personal Licences Sub-Committee
Functions and terms of Reference:
To consider applications for licences where representations have been received and not withdrawn, and applications for the review of licences, covered by the Licensing Act 2003 as follows: (i) Application for Premises Licence (ii) Application for Provisional Statement (iii) Application for Variation of Premises Licence (iv) Application to vary Designated Premises Supervisor following police objection (v) Application for transfer of Premises Licence following police objection (vi) Consideration of police objections made to interim Authority Notice (vii) Determination of application for Club Premises Certificate (viii) Determination of application to vary Club Premises Certificate (ix) Decision to give counter notice following police objection or environmental health authority objection to temporary event notice (x) Application for grant of personal licence following police objection (xi) Revocation of Licence where convictions came to light after grant etcetera (xii) Application for review of Premises Licence (xiii) Application for review of Club Premises Certificate (xiv) Review following Closure Order
To consider applications for licences, where representations have been received and not withdrawn, and applications for the review of licences, covered by the Gambling Act 2005, as follows: (i) Application for Premises Licence (ii) Application for variation of Licence (iii) Application for transfer of a Licence (iv) Application for a Provisional Statement (v) Review of a Premises Licence (vi) Application for Club Gaming/Club Machine Permit (vii) Cancellation of a Club Gaming/Club Machine Permit (viii) Decision to give a Counter Notice to a Temporary Use Notice (Section 224) (ix) Matters referred to the Sub-Committee by Officers, notwithstanding the delegations set out [below]. (x) Application for Prize Gaming Permit (xi) Application for Family Centre Gaming Machine Permit
Delegated Functions
To the Assistant Director(Governance):
All Council functions, powers and duties in relation to the Licensing Act 2003 and the Gambling Act 2005 which do not remain the specific function of the Committee or Sub-Committee.
Standards Committee
Functions and terms of Reference:
To promote and maintain high standards of conduct by Members and Co-opted Members of the authority;
To develop a culture of openness, transparency, trust and confidence between Members and in Member and Officer relationships and to embed a culture of strong ethical and corporate governance at all levels of the Council;
To advise the Council on the adoption or revision of the Members’ Code of Conduct;
To advise, train or arrange training on matters relating to and assisting Members, Co-opted Members and Town and Parish Councillors on observing the Members’ Code of Conduct;
To approve procedures for the conduct of hearings into complaints against Members;
To advise the Council upon the contents of and requirements for codes/protocols/other procedures relating to standards of conduct throughout the Council;
To receive reports from the Monitoring Officer and assess the operation and effectiveness of the Members’ Code of Conduct and the other elements of the Standards Framework;
To inform Council and the Chief Executive of relevant issues arising from the determination of Code of Conduct complaints;
To hear and determine appeals against refusal to grant dispensations by the Monitoring Officer pursuant to Section 33 of the Localism Act 2011; and
To maintain oversight of the Council’s arrangements for dealing with complaints delegated to Standards Town and Parish Sub-Committee.
Proceedings:
To conduct proceedings in accordance with the Complaints Procedure, giving due consideration to the Monitoring Officer’s advice and guidance, and following the principles of natural justice and innocent until proven otherwise;
To receive referrals from the Monitoring Officer into allegations of misconduct in accordance with the assessment criteria and Complaints Procedure;
To hear and determine complaints about Tendring District Council Members and Co-opted Members referred to it by the Monitoring Officer; and
Any determination by the Committee which is contrary to the recommendation of the Monitoring Officer will include detailed reasons. The decision of the Committee will also be reported to the next meeting of full Council.
Delegated Functions
Delegation to Monitoring Officer:
Deal with complaints against Members and co-opted Members of the Council and/or any Town or Parish Council in the Tendring District alleging a breach of the Members’ Code of Conduct of the Council/Town or Parish Council (“Code”) in accordance with the Complaints Procedure
Assess complaints in accordance with the Assessment Criteria and may consult with a duly appointed Independent Person and determine whether the complaint: Merits no further action Merits early informal conciliation Merits further investigation Should due to exceptional circumstances be referred to the Standards Committee or Sub-Committee for consideration for further investigation.
Determine the format of the Complaints Form, Decision Notices and Procedure Flowchart and review where necessary.
Commission external resources to investigate, undertake consultation with an Independent Person and report on any complaints relating to Member conduct
Grant dispensations in compliance with Section 33(a) to (e) of the Localism Act 2011.
Submit reports to the Standards Committee or Sub-Committee on the actions taken under these delegated powers and to provide advice and support making recommendations to the relevant Committee on any matters relating to the promotion and maintenance of high standards of conduct.
Town and Parish Councils' Standards Sub-Committee
Functions and terms of Reference:
To advise and assist Town and Parish Councils and Councillors to maintain high standards of conduct and to make recommendations to Parish and Town Councils on improving standards or actions following a finding of a failure by a Town or Parish Councillor to comply with its Code of Conduct.
Proceedings:
To conduct proceedings in accordance with the Complaints Procedure, giving due consideration to the Monitoring Officer’s advice and guidance, and following the principles of natural justice and innocent until proven otherwise;
To receive referrals from the Monitoring Officer into allegations of misconduct in accordance with the assessment criteria and Complaints Procedure;
To hear and determine complaints about Town and Parish Council Members and Co-opted Members referred to it by the Monitoring Officer; and
Any determination by the Sub-Committee which is contrary to the recommendations of the Monitoring Officer will include detailed reasons. The decision of the Sub-Committee will also be reported to the next meeting of full Council.
Delegated Functions
Delegation to Monitoring Officer:
Deal with complaints against Members and co-opted Members of the Council and/or any Town or Parish Council in the Tendring District alleging a breach of the Members’ Code of Conduct of the Council/Town or Parish Council (“Code”) in accordance with the Complaints Procedure.
Assess complaints inccordance with the Assessment Criteria and may consult with a duly appointed Independent Person and determine whether the complaint: Merits no further action Merits early informal conciliation Merits further investigation Should due to exceptional circumstances be referred to the Standards Committee or Sub-Committee for consideration for further investigation.
Determine the format of the Complaints Form, Decision Notices and Procedure Flowchart and review where necessary.
Commission external resources to investigate, undertake consultation with an Independent Person and report on any complaints relating to Member Conduct.
Submit reports to the Standards Committee or Sub-Committee on the actions taken under these delegated powers and to provide advice and support making recommendations to the relevant Committee on any matters relating to the promotion and maintenance of high standards of conduct.
Schedule 3
EXECUTIVE FUNCTIONS ARE THE RESPONSIBILITY OF THE CABINET.
1. ROLE AND RESPONSIBILITIES
The general roles and responsibilities of the Cabinet are as follows:-
To make recommendations to the District Council with regard to the formulation of its policy framework, including the setting of the budget and council tax levels.
To advise the District Council on all matters requiring a decision outside of the Council’s agreed budget and policy framework.
To discharge in accordance with the District Council’s policy framework all functions of the Council, except those functions which cannot, by virtue of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and other legislation, be the responsibility of the Cabinet. Such functions are the responsibility of the Council and its various Committees as set out in Schedule 2 to Part 3 of the Constitution.
To deal with those “local choice functions” which have been delegated to the Cabinet by the Council as detailed in Schedule 1 of Part 3 of the Constitution.
2. RESPONSIBILITIES OF THE LEADER OF THE COUNCIL
The Leader of the Council is responsible for the overall operation of the Council’s portfolios through effective management of their Cabinet.
To ensure effective communication of Cabinet business including appropriate liaison with Overview and Scrutiny.
To be the leading voice of the Council on all executive functions and for overall policy.
To be the member representative for executive functions of the Council working with the Council’s partners and stakeholders, on statutory bodies, the voluntary sector, the business community and other national and local organisations.
Ensure that their actions are taken in accordance with Section 3 below when making formal decisions.
3. GENERAL PRINCIPLES REGARDING DECISION MAKING BY THE CABINET
The Leader of the Council is responsible for approving the delegation of executive functions to either:
(i) The Cabinet collectively (see 4.1 below);
(ii) An individual Member of the Cabinet (Portfolio Holder) (see 4.2 below);
(iii) A Working Party of the Cabinet (known as a Portfolio Holder Working Party);
(iv) An Officer, in consultation with the relevant Portfolio Holder(s); or
(v) An Officer.
Executive functions can also be delegated to, and discharged by an area committee or another local authority or jointly with one or more local authorities. No Member or Committee of the Cabinet to whom the Leader of the Council has delegated a function may delegate on to another Member or Committee.
2. Powers and duties of the Cabinet and Portfolio Holders under their delegated authorisation must be:-
performed on behalf of and in the name of the Council;
(ii) subject to the directions of the Council and of the Cabinet as appropriate;
(iii) subject to powers and duties reserved for confirmation by the Council as set out in
Article 4 of the Constitution;
(iv) within the limits of the Council’s approved policy framework and budget;
(v) statutory provisions and restrictions;
(vi) taking into account Officer’s advice; and
(vii) in accordance with the Council’s approved Policies, Procedures, Protocols and Codes
of Conduct.
3. Absence of the Leader of the Council:
The Portfolio Holder designated by the Leader as their Deputy may exercise the functions of the Leader of the Council in the absence of the Leader.
4. The Leader of the Council may exercise any of the powers delegated to the Cabinet:
a. Following a resolution of the Cabinet (subject to the Constitution), or
b. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer.
In cases of urgency the decision of the Leader of the Council will be recorded and published in accordance with the Constitution. The Leader of the Council will also be required to make a public statement at the next formal meeting of the Cabinet which will explain why they had taken the decision as a matter of urgency.
5. The Leader of the Council may exercise any of the powers delegated to a Portfolio Holder:
a. In their absence
b. At their request
c. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer, or
d. As the Leader so determines.
6. Where decisions are taken by individual Portfolio Holders under delegated powers the following principles and decisions shall apply:
(a) All delegations to Portfolio Holders will be exercised after consultation and written advice from all relevant Officers.
(b) In cases where there is a significant difference of opinion between Portfolio Holders, the issue will be referred to the Leader of the Council in consultation with the Chief Executive and if necessary to the Cabinet for decision.
(c) The exercise of delegations by Portfolio Holders shall be within the Scheme of Delegated Powers of the Portfolio Holders.
(d) A Portfolio Holder shall not delegate any powers to an Officer unless such delegation is approved by the Leader of the Council.
(e) A Portfolio Holder may, if they consider it appropriate, elect to refer up to the Cabinet, the exercise of any power delegated to them.
7. In cases where there is an overlap in responsibilities between Portfolio Holders, the Leader
of the Council shall determine which Portfolio Holder(s) should make the decision.
8. The Monitoring Officer shall in any case of uncertainty and after having considered relevant legislation, determine whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council.
9. A record of Portfolio Holder decisions shall be maintained and published, as set out in Article 7 of the Constitution.
10. In the event of a change to the delegations of Executive Functions by the Leader or to the corporate structure of the Council by the Chief Executive, the changes will take immediate effect. The relevant amendments to this scheme of delegation should be made in the Constitution as soon as practicable.
4.1 THE CABINET COLLECTIVELY
The following details the broad principles of issues that are the responsibility of the Cabinet and which shall be considered by the Cabinet collectively at public meetings:
7Responsibility for Executive Functions
Executive functions are the responsibility of the Cabinet.
1. Role and Responsibilities
The general roles and responsibilities of the Cabinet are as follows:
To make recommendations to the District Council with regard to the formulation of its policy framework, including the setting of the budget and council tax levels.
To advise the District Council on all matters requiring a decision outside of the Council’s agreed budget and policy framework.
To discharge in accordance with the District Council’s policy framework all functions of the Council, except those functions which cannot, by virtue of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and other legislation, be the responsibility of the Cabinet. Such functions are the responsibility of the Council and its various Committees as set out in Schedule 2 to Part 3 of the Constitution.
To deal with those “local choice functions” which have been delegated to the Cabinet by the Council as detailed in Schedule 1 of Part 3 of the Constitution.
2. Responsibilities of the Leader of the Council
The Leader of the Council is responsible for the overall operation of the Council’s portfolios through effective management of their Cabinet.
To ensure effective communication of Cabinet business including appropriate liaison with Overview and Scrutiny.
To be the leading voice of the Council on all executive functions and for overall policy.
To be the member representative for executive functions of the Council working with the Council’s partners and stakeholders, on statutory bodies, the voluntary sector, the business community and other national and local organisations.
Ensure that their actions are taken in accordance with Section 3 below when making formal decisions.
3. General Principles Regarding Decision Making by the Cabinet
The Leader of the Council is responsible for approving the delegation of executive functions to either: (i) The Cabinet collectively (see 4.1 below); (ii) An individual Member of the Cabinet (Portfolio Holder) (see 4.2 below); (Green) (November 2018) Part 3.28 (iii) A Working Party of the Cabinet (known as a Portfolio Holder Working Party); (iv) An Officer, in consultation with the relevant Portfolio Holder(s); or (v) An Officer. Executive functions can also be delegated to, and discharged by an area committee or another local authority or jointly with one or more local authorities. No Member or Committee of the Cabinet to whom the Leader of the Council has delegated a function may delegate on to another Member or Committee.
Powers and duties of the Cabinet and Portfolio Holders under their delegated authorisation must be: (i) performed on behalf of and in the name of the Council; (ii) subject to the directions of the Council and of the Cabinet as appropriate; (iii) subject to powers and duties reserved for confirmation by the Council as set out in Article 4 of the Constitution; (iv) within the limits of the Council’s approved policy framework and budget; (v) statutory provisions and restrictions; (vi) taking into account Officer’s advice; and (vii) in accordance with the Council’s approved Policies, Procedures, Protocols and Codes of Conduct.
Absence of the Leader of the Council: The Portfolio Holder designated by the Leader as their Deputy may exercise the functions of the Leader of the Council in the absence of the Leader.
The Leader of the Council may exercise any of the powers delegated to the Cabinet: a. Following a resolution of the Cabinet (subject to the Constitution), or b. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer. In cases of urgency the decision of the Leader of the Council will be recorded and published in accordance with the Constitution. The Leader of the Council will also be required to make a public statement at the next formal meeting of the Cabinet which will explain why they had taken the decision as a matter of urgency.
The Leader of the Council may exercise any of the powers delegated to a Portfolio Holder: a. In their absence b. At their request c. In cases of urgency, in consultation with the Monitoring Officer and/or Section 151 Officer, or d. As the Leader so determines.
Where decisions are taken by individual Portfolio Holders under delegated powers the following principles and decisions shall apply: (a) All delegations to Portfolio Holders will be exercised after consultation and written advice from all relevant Officers. (Green) (July 2020) Part 3.29 (b) In cases where there is a significant difference of opinion between Portfolio Holders, the issue will be referred to the Leader of the Council in consultation with the Chief Executive and if necessary to the Cabinet for decision. (c) The exercise of delegations by Portfolio Holders shall be within the Scheme of Delegated Powers of the Portfolio Holders. (d) A Portfolio Holder shall not delegate any powers to an Officer unless such delegation is approved by the Leader of the Council. (e) A Portfolio Holder may, if they consider it appropriate, elect to refer up to the Cabinet, the exercise of any power delegated to them.
In cases where there is an overlap in responsibilities between Portfolio Holders, the Leader of the Council shall determine which Portfolio Holder(s) should make the decision.
The Monitoring Officer shall in any case of uncertainty and after having considered relevant legislation, determine whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council.
A record of Portfolio Holder decisions shall be maintained and published, as set out in Article 7 of the Constitution.
In the event of a change to the delegations of Executive Functions by the Leader or to the corporate structure of the Council by the Chief Executive, the changes will take immediate effect. The relevant amendments to this scheme of delegation should be made in the Constitution as soon as practicable.
4.1 The Cabinet Collectively
The following details the broad principles of issues that are the responsibility of the Cabinet and which shall be considered by the Cabinet collectively at public meetings:
Terms of Reference
To be responsible for Community Leadership for the District of Tendring. To lead the preparation of the District Council’s policies and budget. To take decisions on resources and priorities together with other stakeholders and community partners as appropriate, and to deliver and implement the budget and policies decided by full Council. To be the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs.
Developing and making recommendations to the Council in respect of the plans and strategies that form the Council’s policy framework.
Formulations of budgets and other statutory financial requirements for submission to Council.
Monitoring the Council’s budgetary and overall financial position.
Decisions as required by the Council’s Financial and Procurement Procedure Rules including transactions in respect of the Final Accounts.
Decisions outside of the Budget or Policy Framework in accordance with the Procedure Rules.
The approval of strategies, policies, plans and guidance which are the responsibility of Cabinet and are not delegated elsewhere within the Constitution.
Consideration and approval of the acquisition and disposal of property in accordance with the Property Dealing Procedure, legislation and specific consents.
Consideration, approval and determination of objections, under Section 123 of the Local Government Act 1972, received in respect of proposed disposals of land used as public open space. All such consideration and determination to be at a public meeting of the Cabinet.
Power to consider objections received and then determine proposed Traffic Regulation Orders under the Road Traffic Regulations Act 1984 (as amended). All such objections to be determined at a public meeting of the Cabinet.
The approval of planning policy matters that are the responsibility of the Executive such as Local Development Orders and Neighbourhood Plans (including statutory public consultations thereon).
Issues delegated to individual Portfolio Holders that in their opinion a collective decision by the Cabinet is required.
Issued delegated to an Officer that in the opinion of the Management Team a collective decision by the Cabinet is required.
Reviewing from time to time the Council’s Constitution.
4.2 Individual Members of the Cabinet (Portfolio Holders)
4.2.1 Responsibilities
The Leader of the Council has delegated overall strategic responsibilities for service areas to members of the Cabinet, known as Portfolio Holders, which are set out below:
Leader (also Portfolio Holder responsible for Corporate Finance and Governance)
Overall strategic responsibilities:
Corporate Vision
Community Leadership
Countywide Leadership role
Representative role at County, Regional and National Level
Corporate priorities and Corporate Planning
Corporate Strategic Performance Management
Officers: Ian Davidson, Chief Executive, Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Keith Simmons (Head of Democratic Services and Elections).
Finance
Financial Strategy
General Fund and Housing Revenue Account Annual Budget
Budget Management
Accountancy
Exchequer
Insurance
Treasury management and banking
Procurement strategy and central purchasing
Internal Audit
Corporate Health and Safety
Officers: Richard Barrett (Assistant Director for Finance and IT and Section 151 Officer) and John Higgins (Head of Digital and Assurance Services).
Legal and Governance
Legal advice and support to Council (re: executive and non-executive functions)
Legal services to departments
Regulation of Investigatory Powers Act 2000 – policy (compliance and co-ordination)
Officers: Lisa Hastings and Linda Trembath, Head of Legal Services
Communications
Corporate Communications
Officers: Lisa Hastings and Will Lodge, Communications Manager
Democratic Services
Council, Cabinet and Committee Services
Corporate Administration including programming meetings
Member support
Member Development
Corporate complaints
Ombudsman issues
Outside bodies appointments and support
Officers: Lisa Hastings and Keith Simmons#
Deputy Leader and Economic Growth Regeneration Tourism
Economic Growth
Tendring for Growth
Economic Growth Strategy and representative on the North Essex Economic Board
Economic Partnerships
Business Engagement
Inward Investment
Business Support (employment and development)
Employability, Skills and apprenticeships linked to Business Growth & Vocational Skills agenda and Freeports (*working in conjunction with the Portfolio Holder for Partnerships – education and skills agenda)
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure)
Freeports and Freeport East
Director of Freeport East appointed by the Leader
Officers: As above
Regeneration
Strategic Regeneration Programmes
Representative on Tendring Regeneration Board
Lead Portfolio Holder for delivery and administration of the Levelling Up Funds for: the Clacton Civic Quarter proposal and the Capital Regeneration Project proposal for Dovercourt Town Centre Improvement Corridor.
Delivery and administration of the Interventions included in Tendring District Council’s Investment Plan for Shared Prosperity Fund
Town Centre Regeneration
Sunspot Covered Market
Officers: As above
Tourism
Tourism Strategy
Tourism Events
Tourism Information and promotion
Arts, entertainment, culture and heritage initiatives and events
Officers: As above
Superfast Essex
Representative on Superfast Essex Steering Group
Officers: As above
Assets
Corporate Asset Management
Overview of the Property Programme
Overview and formulation of Assets Management Plan, Property Strategy and Property Office Procedures
Property Service providing property advice and support to service areas
Initiation and authorisation of property transactions in accordance with the Property Dealing Procedure
Public Conveniences
Street Furniture
Carbon Neutral Action Plan relating to Council’s Assets
Officers: Damian Williams Corporate Director (Operations and Delivery) and Andy White (Assistant Director Building and Public Realm)
Building Services and Facilities Management
Dangerous structures
Buildings advisory service
Council office and buildings policy including facilities management and maintenance
Depots
Office cleaning
Officers: As above
Bereavement
Crematorium and cemeteries
Officers: As above
ICT
ICT Strategy
ICT contracts
Networks and system support
Data Protection
Information Management
Cyber Security
FOI/EIR requests for information
Internet
Intranet
Telephony
Digital Infrastructure Champion
Officers: Richard Barrett (Assistant Director for Finance and IT and S.151 Officer) and John Higgins (Head of Digital and Assurance Services)
Procurement and Social Value
Procurement Strategy
Social Value Policy
Shared Procurement Service development
Central Purchasing
Officers: Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Karen Townshend, Executive Projects Officer (Governance)
Environment
Environment
Pest Control
Food, safety and hygiene
Water safety/quality
Pollution
Animal welfare
Public protection
Environmental Health
Port Health
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Refuse Collection and Cleansing
Household waste minimisation and collection
Recycling maximisation and collection
Street cleansing
Dog Warden Service
Abandoned Vehicles
Unlawful car sales
Officers: As above
Enforcement matters relating to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licencing Committees)
Officers: Damian Williams, Corporate Director (Operations and Delivery)
Coast Protection and Engineering
Coast Protection and flood defence – planning and major schemes
Coast Protection Maintenance
Minor Engineering Works
Sewerage and land drainage
Local highways and lighting functions for example, road closures, street naming, numbering and name plates and highways rangers
Officers: Damian Williams, Corporate Director (Operations and Delivery and Andy White (Assistant Director (Building and Public Realm)
Transport
Fleet management and vehicle workshops
Officers: As above
Climate Change and Carbon Neutral
Champion and Green Issues
Strategy and Policy
Action Plan Development and Monitoring
Officers: Lee Heley Corporate Director (Place and Economy) and Tim R Clarke (Assistant Director for Housing and Environment)
Tendring/Colchester Borders Garden Community
Executive Representative on Tendring/Colchester Borders Garden Community Joint Committee
Executive Steering Group Representative
Housing and Planning
Strategic Housing (Private Sector Housing)
Financial assistance for private sector housing
Houses in Multiple Occupation
Private Sector Housing – regulation and improvement
Tenants Redress Scheme
Private Sector Housing conditions enforcement and advice
Gypsy/Traveller liaison and representative on Essex Countywide Traveller Joint Committee
Home energy efficiency and fuel poverty
Jaywick Sands Team
Housing Stock Review
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Strategic Housing (Housing Options and Allocations)
Housing strategy and development
Homelessness policy and advice and assistance to homeless persons and in housing need
Housing allocation scheme
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Housing Maintenance and Investment Programme
Maintenance of housing assets including sheltered schemes
Housing Investment Programme
Officers: Damian Williams, Corporate Director (Operations and Delivery, Tim R Clarke (Assistant Director for Housing and Environment) and Andy White, Assistant Director (Building and Public Realm)
Housing Management
Sheltered housing
Tenancy management
Housing Revenue Account business plan
Supporting people contract with Essex County Council
Local supporting people
Partnership with registered providers
Enable new opportunities to address housing need through partnership working
Tenant Relations
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Revenue and Benefits
Administration of council tax and housing benefit
Business rates (NNDR) and reliefs
Local Council Tax Support Scheme
Cash Collection/Paypoint
Rent collection
Right to Buy and other disposals
Officer: Richard Barrett, (Assistant Director for Finance and IT and S.151 Officer)
Strategic Planning
Corporate Strategic Oversight of the various planning functions delivered by the Service
Planning Policy and Guidance such as Supplementary Planning Documents and Guidance
Neighbourhood Planning District Council responsibilities
Constructive liaison with the Chairman of the Planning Committee and Chairman of the Planning Policy and Local Plan Committee
Substitute member on the Tendring Colchester Borders Garden Community Joint Committee
Officer: Gary Guiver, Director of Planning
Licensing – Executive Functions
Overseeing licensing policy matters, specifically under the Gambling Act 2005, but more widely (excluding under the Licensing Act 2003) including for taxi and private hire matters.
Officers: Lisa Hastings (Deputy Chief Executive and Monitoring Officer) and Keith Simmons (Head of Democratic Services and Elections)
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)
Officers: All named in this Portfolio
Leisure and Public Realm
Leisure Services
Sports centres and facilities (representative on Joint Consultative Committees and partnerships with schools)
Sports initiatives and sports development
Communities of interest (Children and Young People for sport and leisure)
Princes Theatre Management
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure
Public Realm and Open Spaces
Horticultural Services
Open Spaces
Recreation Grounds
Children’s Play Areas
Public Halls
Sports Clubs
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Andy White Assistant Director (Building and Public Realm)
Seafronts
Seafront Management
Officers: Lee Heley (Corporate Director for Place and Economy) and Mike Carran (Assistant Director Economic Growth and Leisure
Seafronts
Beach Huts
Beach Cleaning
Kiosks
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Tim R Clarke (Assistant Director for Housing and Environment)
Car Parking
Off street car parking service
Traffic Regulation Orders
Strategic parking advice and on street functions as delegated by the Highway Authority
Council’s representative on North Essex Parking Partnership (NEPP)
Electric Vehicle Charging Policy
Officers: Damian Williams, Corporate Director (Operations and Delivery) and Andy White Assistant Director (Building and Public Realm)
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)
Education and Skills Agenda including Job Centre Plus Partnerships
Community engagement, development and empowerment (including consultations, advice and support)
Stakeholder relationships with public and third party organisations
Neighbourhood activities
Officers: As above
Community Safety
Community Safety Partnership
Representative on the Essex Police, Fire and Crime Panel
Crime and Disorder Strategy
Serious Violence Duty
Safeguarding
Officers: As above
Enforcement Matters related to Portfolio Holder responsibilities
Strategic Oversight of Enforcement Policies, Procedures and Performance within areas of responsibility.
Attendance at Corporate Enforcement Group, where appropriate
(excludes regulatory functions that are the responsibility of Planning and Licensing Committees)
Officers: As above
Customer Services
Customer Services
Careline Service
Provision, maintenance and development of CCTV systems
Out of Hours Service
Contact Centre
Switchboard
Officers: As above
Human Resources
Career Track
NB other Human Resources functions are non-executive and some are delegated to the Human Resources and Council Tax Committee, with others being delegated to the Head of Paid Service)
Officers: As above
Equality and Inclusion
Strategy and Champion
Officers: As above
Civil Contingencies
Provision of Emergency Planning
Officers: As above
Civil Contingencies
Business continuity
Officers: Richard Barrett, (Assistant Director for Finance and IT and S151 Officer) and John Higgins (Head of Digital and Assurance Services)
4.2.2 Role of Leader and Individual Portfolio Holders
In addition to the general principles set out in Section 3 above, the role of individual Portfolio Holders with areas of responsibility is as follows:
To have overall responsibility for the development, implementation and review of Strategies and District Council Policy in relation to their portfolios and to be the main Council spokesperson thereon.
To monitor service performance regarding progress towards achieving strategies and objectives and delivery of service performance targets within approved budgets.
To satisfy themselves as the integrity of financial information and the adequacy of financial controls and risk management arrangements.
To represent and speak on behalf of the Cabinet at the Overview and Scrutiny and Audit Committees when they are dealing with issues in their portfolio.
To be a member of the Cabinet and exercise collective responsibility in decision making and in making recommendations to the Council.
To consult with the Committees, other Members, partners and stakeholders including the public as appropriate in the formulation and development of Council policy within their portfolio.
To inform and consult relevant ward Members when making formal decisions.
To make decisions in accordance with the Council’s Strategies, Policies, Procedures, Protocols and Codes of Conduct or as otherwise required by the Constitution.
4.3 Additional Specific Delegations to Individual Portfolio Holders
Corporate Finance and Governance
The monitoring and review of the operation of the Council’s Constitution and recommending amendments to the Constitution to the Cabinet/Council.
To oversee the preparation and recommendation of financial forecasts and annual detailed budget, including Housing Revenue Account.
In consultation with the Chief Financial Officer, to agree the outturn position/report each year to provide the necessary flexibility to comply with the new statutory timetable for publishing the Council’s Statement of Accounts.
Overview and presentation of financial monitoring reports to Cabinet.
The exercise of functions delegated to the Portfolio Holder by the Financial and Procurement Procedure Rules.
The approval of the Council’s Council Tax Base and the Government’s Annual NNDR Forecast Return.
Implementation and Monitoring of the Council’s Treasury Management Policy Statement and Treasury Management Practices. (Green) (August 2023) Part 3.42
The approval of the draft Annual Capital and Treasury Strategy, in advance of it being formally considered by Cabinet, for consultation purposes with the Resources and Services Overview & Scrutiny Committee. In due course, the Cabinet will then recommend the final version of the Strategy to Full Council for formal adoption.
Assets
Overseeing implementation of the Property Strategy, Property Programme and Property Office Procedures in accordance with the Property Dealing Procedure.
The exercise of functions delegated to the Portfolio Holder by the Property Dealing Procedure.
The exercise of functions delegated to the Portfolio Holder by the Procurement Procedure Rules.
Leisure and Public Realm
To approve the making of car parking regulation orders when requested by Essex County Council.
Proposals for and approve the making of traffic regulation orders where no objections are received.
The determination of Hackney Carriage stands under Section 63 of Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (in consultation with the Portfolio Holder for Housing and Planning).
Housing and Planning
The authorisation of delegated budgets to formally constituted stakeholder groups subject to adequate provision having been made in the revenue estimates approved by Cabinet.
Oversee the preparation of the Housing Revenue Account Business Plan, Housing General Fund, Housing Benefits and the Housing Investment Programme, including rent setting and review, within policy guidelines as determined by the Cabinet.
The development, implementation and amendment, as required, of the Housing Investment Programme in accordance with the annual budget set by Cabinet.
The development and review of the Council’s Local Council Tax Support Scheme for presentation to Cabinet for recommendation to Council for approval.
Ensuring that there is effective two-way communication between the Executive and the Local Plan and Planning Committees. In particular in relation to the implementation of current Development Plan policies and to drafts of any review of the Development Plan
Approval, where permitted, of Master Plans, Conservation Area Management Plans and Development and Design Briefs prepared to support any Development Plan Documents.
To consider and agree responses to consultation exercises on national, regional and sub-regional planning policy issues and on other authorities’ planning documents.
To act as lead portfolio holder in respect of the Council’s Statement of Licensing Policy (Gambling Act 2005).(Green) (August 2023) Part 3.43
The approval of grants to organisations within the areas of responsibility (including enhanced rate relief and other discretionary benefits).
Economic Growth, Regeneration and Tourism
To act as lead portfolio holder in respect of all Transport cross-cutting issues.
Engagement with regional and sub-regional partnerships, planning and funding frameworks – including the Haven Gateway Partnership – to promote the interests of the Tendring District and the communities within it.
The approval of grants to organisations within areas of responsibility (including enhanced rate relief and other discretionary benefits).
4.4 Delegations of Executive Functions to Officers
1. With the exception of the matters which the Leader of the Council has determined are to be discharged by the Cabinet or individual Portfolio Holders, as detailed in the Cabinet Scheme of Delegation, the Corporate Directors and, where appropriate, the Assistant Directors have delegated authority to discharge all executive functions within their respective service areas as set out in Article 12, having authority to act on all such matters. The Chief Executive shall determine from time to time what the service responsibilities of Corporate Director and each Assistant Director shall be.
2. The delegation of powers to officers is underpinned by the principle and culture of consultation and liaison with Members, as appropriate and the ability for officers to refer matters to the relevant decision maker i.e. individual Portfolio Holder or a meeting of the full Cabinet, where it is felt that this is appropriate due to the nature of an issue.
3. In all cases of delegations to officers where consultation with the relevant Portfolio Holder is necessary, and in cases where the relevant Portfolio Holder is not available, the Leader of the Council is to be consulted. In instances, where there is disagreement between the officer and the relevant Portfolio Holder the matter should be referred to Cabinet for consideration and determination.
4. The discharge of all such functions by Officers shall be subject to:
actions being taken in accordance with the Council’s Budget and Policy Framework and other Council Policies, Procedures, Protocols and Codes of Conduct;
consultation, as appropriate with relevant Portfolio Holder;
the referral of any required decision or action which is controversial in nature to the appropriate Member decision making individual or body; and
recording the decision in the required format. (Green) (June 2023) Part 3.44
5. The Leader of the Council has delegated authority for executive functions to Chief Executive and the Corporate Directors, however any authority granted to the Chief Executive, a Corporate Director or an Assistant Director, unless otherwise indicated, may be exercised by an Officer authorised by the Corporate Director or Assistant Director in writing for that purpose. The Monitoring Officer will maintain a record of such authorisations which shall be available for inspection.
6. The Corporate Directors and, where appropriate, the Assistant Directors are Designated Officers for the purposes of legislation within their respective service areas as set out in Article 12 of the Constitution and have the power to designate Officers of the authority as an authorised person for purposes relating to legislation falling within their areas of responsibility as set out in Article 12.
7. Any authority which can statutorily only be discharged by Officers with a specific level of qualification must only be conferred to and discharged by such Officers. Furthermore, where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council, only that Officer may discharge the function.
8. The Chief Executive has authority to exercise any executive function delegated to Officers, except where an Officer with appropriate qualifications must only discharge such a delegation or where the matter relates to a statutory power or duty conferred or imposed directly on an Officer of the Council as referred to in paragraph 6.
9. The delegations to Officers include the normally accepted powers and duties of Officers to deal with matters of routine occurrence falling within the scope of their departmental and service responsibilities. This includes all present and future legislation relating to the functions of the service and nothing in this schedule shall derogate from any statutory power or duties conferred or imposed directly on an Officer of the Council.
10. In accordance with the legislative requirements, any Officer making a decision in connection with the discharge of an executive function under their delegated powers shall be responsible for maintaining a record of such decisions and arranging for this to be published on the Council’s website.
11. Where functions, which are the responsibility of the Cabinet, are delegated to Officers, the Cabinet remain accountable to the Council, through overview and scrutiny committees for the discharge of those functions. That is to say, the Cabinet will be held to account for both its decision to delegate a function and the way that the function is being carried out. Officers may be requested to attend an Overview and Scrutiny Committee, if an Officer’s decision is called in.
12. The Monitoring Officer shall determine in any case of uncertainty whether any matter falls within the remit of the Council, the Cabinet, a Committee or an Officer of the Council. Such a determination will be having taken account of relevant legislation.
4.4.1 General Responsibilities delegated to Officers:
1. All Corporate Directors have the authority to incur expenditure (with the exception of external legal resources) in accordance with the Budget and Policy Framework, Financial Procedure Rules and Procurement Procedure Rules. Instructing external legal resources remains the responsibility of the Assistant Director (Governance).
2. All Corporate Directors are authorised to apply for planning permission in respect of land and/or buildings owned by or within the control of the Council and held in respect of the functions of a Portfolio Holder. In such instances, consultation with the relevant Portfolio Holder is mandatory (Green) (June 2023) Part 3.45
3. In consultation with the Assistant Director (Governance), all Corporate Directors are authorised to deal with the assignment of leases and granting, variation and renewal of licences up to a maximum duration of 12 months including annual rights of way within their respective service areas of responsibility.
4. The management and maintenance of all the land holdings occupied or within the control of the service area remit, including health and safety inspections.
5. All Corporate Directors are authorised to issue and serve notices under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 in respect of functions under the control of a Portfolio Holder.
6. All Corporate Directors are authorised in consultation with the Assistant Director (Governance), to take all steps in connection with any legal proceedings, in respect of any function under the jurisdiction of a Portfolio Holder including the commencement or defence of, withdrawal, settlement or compromise of any such proceedings.
7. All Corporate Directors are authorised in consultation with the Assistant Director (Governance), to appear on the Council’s behalf in any legal proceedings, under the jurisdiction of a Portfolio Holder, before all courts, tribunals and inquiries.
8. All Assistant Directors, in consultation with the relevant Portfolio Holder, Management Team Member and the Assistant Director (Finance & IT), are authorised to decide the level of the annual discretionary fees and charges for their service (including any in-year changes that may be required) for inclusion within the Council’s corporate schedule of fees and charges.
9. The Chief Executive is delegated the power to authorise compensation payments up to a maximum of £5,000 as a result of Local Government & Social Care Ombudsman or Housing Ombudsman recommendations or by virtue of the Corporate Complaints Procedure.
Schedule 4
Schedule of Proper Officers and Related Provisions
The Officers appointed to the statutory positions of Head of Paid Service, Section 151 Officer and Monitoring Officer are set out in Article 12 of the Council’s Constitution.
Proper Officer and Statutory Officer appointments must be distinguished from powers “delegated” to Officers.
1. Delegated powers:
are confirmed at the Council’s discretion
may be withdrawn or amended; and
may be subject to the observance of conditions and/or compliance with Council policy.
2. Under certain statutes and guidance, the Council is required to appoint a Proper Officer or Statutory Officers to undertake a specific function. In such cases, the effect of the statutory provision is as follows:
the function can only be dealt with through that Officer;
the function can only be discharged by that Officer in the way prescribed by the statutory provision concerned;
the Council cannot direct the way in which the function is discharged.
3. In the absence of the Proper Officers their powers are exercisable by their Deputy or Deputies in absence or by such Officer(s) as the Proper Officer in writing shall appoint
The Council has appointed the following Proper Officers:
Statutory Reference
Function
Proper Officer
Officer to act in event of Proper Officer being unable to
Local Government Act 1972
Section 41
Returning Officer at Local Elections
Chief Executive
Head of Democratic Services and Elections
Section 83
Witness and receipt of Declarations of Acceptance of Office
Chief Executive
Monitoring Officer
Section 84
Receipt of Notice of Resignation
Chief Executive
Monitoring Officer
Section 88
Convening of Meeting of Council to fill casual vacancy in office of Council Chairman
Chief Executive
Monitoring Officer
Section 89
Receipt of Notice of casual vacancy in the case of Councillors
Chief Executive
Monitoring Officer
Section 100B(2)
Exclusion of Reports from inspection by public
Monitoring Officer
Deputy Monitoring Officer
Section 100B(7)
Provision of copies of documents other than Agenda and Minutes to the Press
Monitoring Officer
Deputy Monitoring Officer
Section 100C(2)
Provision of summary of proceedings of a closed meeting
Monitoring Officer
Deputy Monitoring Officer
Section 100D(5)
Provision of background papers
Head of Democratic Services and Elections
Committee Services Manager
Section 100F(2)
Disclosure of documents to Members
Monitoring Officer
Deputy Monitoring Officer
Section 115
Receipt of true account and monies due from Officers
Section 151 Officer
Deputy Section 151 Officer
Section 146
Statutory Declarations and Certificates with regard to securities
Section 151 Officer
Deputy Section 151 Officer
Section 151
Responsibility for provision of adequate and effective Internal Audit function
Section 151 Officer
Deputy Section 151 Officer
Section 191
Functions with respect to Ordnance Survey Act 1841
Director for Planning
Assistant Director (Planning)
Section 210
Powers in respect to local charity
Section 151 Officer
Deputy Section 151 Officer
Section 212
Local Land Charges Register
Assistant Director (Planning)
Support and Development Manager
Section 225(1)
Deposit of Documents
Monitoring Officer
Committee Services Manager
Section 229(5)
Certification of copies of documents intended to be used in legal proceedings
Monitoring Officer
Deputy Monitoring Officer
Section 234(1)
Authentication of Documents
Monitoring Officer
Deputy Monitoring Officer
Sections 236 and 238
Certification of Byelaws
Assistant Director (Governance)
An in-house Solicitor
Schedule 12 – Para 4 (a)
Signature of Council Summons
Chief Executive
Monitoring Officer
Schedule 12 - Para 4 (b)
Receipt of Notice of Address for Council Summons
Head of Democratic Services and Elections
Committee Services Manager
Schedule 14 – Para 25
Certification of Resolutions
Monitoring Officer
Deputy Monitoring Officer
Schedule 16 – Para 28
Receipt of deposit of Lists of protected buildings
Director for Planning
Assistant Director (Planning)
Schedule 22 – Para 17
Authentication of Notices etcetera under the Housing Acts
Corporate Director (Operations and Delivery)
Assistant Director (Housing and Environment)
Local Government (Miscellaneous Provisions) Act 1976
Section 41
Evidence of Resolutions and Minutes of proceedings
Monitoring Officer
Deputy Monitoring Officer
Representation of the People Regulations 1986
Regulation 96
Retention of documents relating to Postal voting
Chief Executive
Head of Democratic Services and Elections
Representation of the People Act 1983
Section 8(2)
Appointment of Electoral Registration Officer (automatically acting Returning Officer in Parliamentary elections)
Chief Executive
Head of Democratic Services and Elections
Sections 18B and 31
Designation of Polling Districts and Places (Parliamentary and Local Government Elections)
Chief Executive
Head of Democratic Services and Elections
Section 52(3)
Deputising for Registration Officer
Deputy Chief Executive
Head of Democratic Services and Elections
Sections 67 to 70
Appointment etcetera of Election Agent
Returning Officer
Returning Officer to appoint Deputies at each election (as required)
Sections 75, 81, 82 and 89
Return of election expenses
Chief Executive
Head of Democratic Services and Elections
Section 128
Publication of election Petition
Chief Executive
Head of Democratic Services and Elections
Section 131
Provision of accommodation for election court
Chief Executive
Head of Democratic Services and Elections
Local Elections (Principal Areas) Rules 1986
Rule 44
Receive notice of Declaration of Result
Chief Executive
Head of Democratic Services and Elections
Rules 46 to 48
Retention of election documents
Chief Executive
Head of Democratic Services and Elections
Police and Crime Commissioner Elections Order 2012
Article 10
Designation of Polling Districts and Places
Chief Executive
Head of Democratic Services and Elections
Local Government Finance Act 1988
Section 114
Report to Full Council in respect of unlawful expenditure or an unbalanced budget
Section 151 Officer
Deputy Section 151 Officer
Section 116
To inform the Authority’s external auditor of the date, time, place and outcome of meetings held under Section 115 of the Act
Section 151 Officer
Deputy Section 151 Officer
Local Government (Committees and Political Groups) Regulations 1990
Regulations 8-10, 13, 14 and 17
Political balance and appointments to committees
Chief Executive
Monitoring Officer
Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000
Regulations 5-8
Functions relating to petitions and referenda for elected mayor
Chief Executive
Monitoring Officer
Local Authorities (Standing Orders) (England) Regulations 2001
Schedule 1 Part II
Administration relating to the appointment and dismissal of a member of staff
Assistant Director (Partnerships)
Human Resources and Business Manager
Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and final determination of ‘Need to Know’
Regulations 2, 7, 10, 12, 13, 14, 15, 16 and 20 and Common Law position
Access to Information Procedure and Recording of Decisions
Monitoring Officer
Deputy Monitoring Officer
Schedule 5
Joint Arrangements
North Essex Parking Partnership
Tendring Council is a member of the North Essex Parking Partnership, which includes the Boroughs and Districts of Braintree, Colchester, Epping Forest, Harlow, Tendring and Uttlesford.
The Partnership adopted responsibility for the ongoing maintenance and enforcement of on-street parking restrictions throughout the north of Essex.
The Partnership’s responsibilities will include the implementation of new parking restrictions and schemes, including ensuring that all existing signs and street lining relating to on-street parking restrictions is in place and is up to standard.
Terms of Reference for Tendring Colchester Borders Garden Community Joint Committee
1. Parties:
Tendring District Council (“TDC”)
Colchester City Council (“CCC”)
Essex County Council (“ECC”)
2. Status:
This Committee is a joint committee for Tendring Colchester Borders Garden Community (TCBGC) formed by resolutions of the Cabinets and Full Councils of TDC, CCC and ECC pursuant to sections 101(5), 102(1)(b) and 102(2) of the Local Government Act 1972. The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012, Regs 11 (7) and 12 (4) (These regulations determine arrangements involving joint committees and membership).
TDC and CCC have agreed pursuant to Section 28 of the Planning and Compulsory Purchase Act 2004 to prepare a joint local development document, for the purposes of these Terms of Reference to be known as a joint TCBGC DPD, although the name of the Garden Community may change throughout the process.
3. Membership:
2 Members appointed by TDC (one of which must be the Chairman of the Planning Policy and Local Plan Committee and the other must be a Member from a political group that is not represented on the Cabinet) plus 1 Cabinet member appointed by the Leader.
2 Members appointed by CCC (one of which must be the Chairman of the Local Plan Committee) plus 1 Cabinet member appointed by the Leader
2 Members appointed by ECC, one of whom should be a Cabinet Member or Deputy Cabinet Member.
TDC and CCC will also each appoint a Member to serve as their respective Council’s Substitute Member. ECC will appoint two Substitute members.
3.1 All members of the Committee shall have undertaken suitable training which shall have been approved by the parties.
4. Terms of reference:
4.1 The Committee’s remit is to jointly discharge the functions (‘the Functions’) set out in Appendix 1 in relation the Tendring Colchester Borders Garden Community, the exercise of which have been delegated to the Committee by TDC, CCC and ECC, subject to the limitation in paragraphs 4.3 and 4.4.
4.3 The functions delegated by TDC, CCC and ECC include:
(a) To exercise the Council’s functions relating to overseeing the preparation of the joint TCBGC DPD 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 CCC & 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
(b) the power to formulate and prepare a draft Joint Development Plan Document for consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(c) carry out an appraisal of the sustainability of the proposals within the joint TCBGC DPD and approve the findings of the appraisal;
(d) make recommendations to TDC and CBC in relation to the approval of the TCBGC DPD for the purpose of its submission to the Secretary of State for independent examination under Section 20 of the 2004 Act, and consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(e) consideration of amendments or modifications of the joint TCBGC DPD recommended by the person carrying out the independent examination under section 20 of the 2004 Act;
(f) recommend to CCC and TDC adoption of Joint Development Plan Documents in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012; and
(g) the power of the TDC and CCC as local planning authority to determine planning applications by virtue of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
(h) To exercise TDC, CCC and ECC’s local planning authorities’ powers and duties in relation to development control including for the avoidance of doubt the power to approve authorise and direct the respective Local Planning Authorities to enter into agreements regulating the development or use of land pursuant to S106 of the Town and Country Planning Act 1990 and related powers.
4.3 Note that the following are the sole responsibility of TDC and CCC’s full Council’s:
a) Responsibility for giving of instructions to the Cabinet and Joint Committee to reconsider the draft plan submitted by the Joint Committee for the Council’s consideration.
b) The amendment of the draft joint development plan document submitted by the Joint Committee for the full Council’s consideration.
c) The approval of the joint development plan document for the purposes of consultation submission to the Secretary of State for independent examination.
d) The adoption of the joint development plan document.
4.4 Committee shall discharge the functions relating to town and country planning and development control as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended), falling wholly or substantially within the Tendring Colchester Borders Garden Community area shown coloured purple on the plan contained at Appendix 2.
4.5 The Committee may exercise the subsidiary powers authorised pursuant to section 111, Local Government Act 1972 in connection with the discharge of the functions.
4.6 The Committee may exercise the powers of delegation contained in section 101(2), Local Government Act 1972 and agree a Scheme of delegation to officers.
4.7 TDC, CCC or ECC may request an application to be considered by the Committee in accordance with an agreed scheme.
4.8 All members of the Committee shall be entitled to vote on any matter to be determined by the Committee.
5. Standing Orders
5.1 The Committee shall be governed by the Standing Orders set out in Appendix 3.
5.2 The Committee shall have the power to amend the Standing Orders from time to time within the scope of these Terms of Reference following consultation with the Council’s Monitoring Officers.
6. Administration
6.1 The Council which is the local planning authority shall receive applications relating to the functions in the usual way and shall be responsible for all administrative stages leading to and flowing from the exercise of the functions.
6.2 The administration of the Committee will be undertaken by TDC who shall be responsible for all matters connected with the administration of the Committee, including the preparation and dispatch of agendas and securing premises at which the Committee may meet.
Appendix 1
Functions delegated by Tendring District Council and Colchester City Council to the Joint Committee in relation to Tendring Colchester Borders Garden Community
1. The functions delegated by TDC and CCC:
(a) To exercise the Council’s functions relating to overseeing the preparation of the joint TCBGC DPD 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 CCC & 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
(b) the power to formulate and prepare a draft Joint Development Plan Document for consultation under Regulation 18 of the Town and Country Planning (Local Planning)(England) Regulations 2012;
(c) carry out an appraisal of the sustainability of the proposals within the joint TCBGC DPD and approve the findings of the appraisal;
(d) make recommendations to TDC and CCC in relation to the approval of the TCBGC DPD for the purpose of its submission to the Secretary of State for independent examination under Section 20 of the 2004 Act, and consultation under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012;
(e) consideration of amendments or modifications of the joint TCBGC DPD recommended by the person carrying out the independent examination under section 20 of the 2004 Act;
(f) recommend to CCC and TDC adoption of Joint Development Plan Documents in accordance with Section 28 of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012; and
(g) the power of the TDC and CCC as local planning authority to determine planning applications by virtue of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
2. The functions delegated by TDC, CCC & ECC:
(a) To exercise TDC, CCC and ECC’s local planning authorities’ powers and duties in relation to development control including for the avoidance of doubt the power to approve authorise and direct the respective Local Planning Authorities to enter into agreements regulating the development or use of land pursuant to S106 of the Town and Country Planning Act 1990 and related powers within the Tendring Colchester Borders Garden Community area showed coloured purple on the plan in Appendix 2.
3. In exercising the functions in paragraph 2(a) the kind of matters that would fall to the Joint Committee to consider, in the determination of planning applications would include:
Housing – all tenures (market, affordable, and specialist housing for elderly persons etc.)
New schools (primary, secondary, special education needs early years and post 16)
Community centre, community hub and library
leisure uses, sports provision, and allotments
Country parks, recreation and public open space
Any waste development proposals.
Sustainable Urban Drainage
Town/neighbourhood centre(s) and associated shops (all shapes and sizes)
Public realm, footpaths and dedicated cycle routes/network
All new roads and road crossing within the Garden Community
Any segregated/dedicated bus routes
Commercial and employment sites, including energy for waste proposals.
Minerals planning applications.
4. In addition the Joint Planning Committee would also have a role in considering:
The heads of terms for S106 obligations relating to the mitigation measures, necessary infrastructure and affordable housing required to deliver a policy compliant development.
Development viability, where relevant, in relation to S106 obligations.
Stewardship model aligned to the S106 and associated permissions.
Ongoing monitoring of the compliance of development with agreed permissions, related obligations/conditions and its implementation to an agreed standard.
Appendix 2
Plan showing Tendring Colchester Borders Garden Community
Appendix 3
Standing Orders for Tendring Colchester Borders Garden Community Joint Committee
1. Appointment of Chair and Deputy Chair
1.1 The Committee shall, at its first meeting in each municipal year, and from time to time as it considers necessary, elect a Chair and Deputy Chair. The Chair and Deputy Chair shall rotate between the Councils.
1.2 In the absence from any meeting of the Chair and Deputy Chair, a Chair for that meeting shall be appointed by the meeting but shall relinquish the chair if the Chair or Deputy Chair subsequently arrives at the meeting.
2. Appointment of Spokespersons
2.1 Each of the Councils shall nominate one of the committee members which it appoints as its spokesperson.
3. Notice of and Summons to Meetings
3.1 The administration of the Committee shall be undertaken by Tendring District Council who will give notice to the public of the time and place of any meeting in accordance with the access to information rules applicable to local authorities. At least five clear days before a meeting, the Committee Service will send an agenda by post and/or electronically to every member of the Committee. The agenda will give the date, time and location of each meeting and specify the business to be transacted and will be accompanied by such details as are available.
3.2 The Committee Service will take reasonable steps to ensure that a copy of the agenda and accompanying papers are placed on deposit at the offices of each of the councils for public inspection at least five clear days before the meeting and are published on the Council’s web sites. The Committee Service will ensure that arrangements are put in place for the inspection of background papers in accordance with section 100D, Local Government Act, 1972 and to ensure compliance with all other provisions of Part VA, of that Act.
3.3 Dates, times and venues for meetings shall be determined by the Committee. In the absence of agreement or in cases of urgency, meetings may be called by the Committee Service following consultation with the Chair and Deputy Chair.
3.4 If at any time Tendring District Council was unable to fulfil its role in providing the administration to the Committee, Colchester City Council or Essex County Council will perform the functions.
4. Membership
4.1 Committee members shall be appointed by the Councils from time to time in accordance with the Committee’s terms of reference. A Council may at any time replace one or more of its nominated members by notice given to the Committee Service.
5. Substitute Members
5.1 Each Council will appoint substitute members in accordance with the Committee’s terms of reference. Each Council will notify the Committee Service of substitute members appointed.
5.2 Substitute members will have all the powers and duties of an ordinary member of the Committee. For the purposes of briefing meetings and circulation of papers, substitute members shall be treated in the same manner as ordinary members.
5.3 Substitute members may attend meetings in the capacity of an ordinary member of the Committee. The substitute member should withdraw from participation as a member of the Committee in the business at that meeting during any period at which the ordinary member is in attendance.
6. Quorum
6.1 The quorum of a meeting of the Committee shall be as follows:
2 Members from Tendring District Council
2 Members from Colchester City Council
2 Member from Essex County Council
7. Public speaking rights
7.1 Members of the public have the public speaking rights set out in Annex A.
7.2 The Committee shall have the power to amend the public speaking rights.
8. Voting
8.1 All members of the Committee shall be entitled to vote upon any decision due to be made by the Committee.
8.2 Every question shall be decided by a show of hands, subject to Rule 8.3.
8.3 If any member demands a named vote and is supported by two other members, the question shall be determined by a named vote and the Committee Service shall record and enter in the minutes the names of each member present and whether they voted for or against or abstained.
8.4 Any member may, immediately after any vote is taken, require a record to be made in the minutes of whether they voted for or against or abstained.
8.5 If there are equal numbers of votes for and against, the Chair will have a second and casting vote.
9.0 Tenure of office
9.1 A member shall cease to be a member of the Committee if the person
(a) resigns in accordance with paragraph 9.3;
(b) is removed or replaced by the Council which made the appointment; or
(c) ceases to be a member of a constituent Council (and does not on the same day again become a member of that or any other Council).
9.2 A person who ceases to be a member of the Committee shall be eligible for reappointment.
9.3 A member may resign from the Committee by sending written notice delivered to the proper officer of the Council which appointed the member;
9.4 Any casual vacancy shall be filled as soon as practicable by the body which appointed the member of the Committee whose membership has ceased.
10. Minutes
10.1 The Chair will sign the minutes of the Committee at the next suitable meeting. The Chair will move that the minutes of the previous meeting be signed as a correct record.
11. Exclusion of Public
11.1 Members of the public and press may only be excluded either in accordance with the Access to Information provisions of the Local Government Act 1972 (consideration of ‘exempt information’) or Rule 13 (Disturbance by Public).
12. Disorderly Conduct: Misconduct of a Member
12.1 If at any meeting of the Committee any member, in the opinion of the Chair, misconducts themselves by persistently disregarding the ruling of the Chair, or by behaving irregularly, improperly or offensively, or by wilfully obstructing the business of the Committee, the Chair or any other member may move "That the member named be not further heard", and the motion if seconded shall be put and determined without discussion.
12.2 If the member named continues their misconduct after a motion under the foregoing Rule has been carried, the Chair shall either move "that the member named do leave the meeting" (in which case the motion shall be put and determined without seconding or discussion); or adjourn the meeting of the Committee for such period as in their discretion shall consider expedient.
12.3 In the event of a general disturbance which in the opinion of the Chair renders the due and orderly despatch of business impossible, the Chair, in addition to any other power vested in him/her, may adjourn the meeting of the Committee for such period as in their discretion shall consider expedient.
13. Disorderly Conduct: Disturbance by members of the public
13.1 If a member of the public interrupts the proceedings at any meeting the Chair shall warn them. If a member of the public continues the interruption the Chair shall order their removal from the meeting.
13.2 In case of a general disturbance in any part of the room open to the public the Chair shall order that part to be cleared.
14. Suspension of Standing Orders
14.1 Any of these Standing Orders may, so far as is lawful, be suspended by motion passed unanimously by those entitled to vote on the application in question. Any motion to suspend any part of these rules shall specify the purpose of their suspension. Any suspension shall only be to the extent and for the length of time necessary to achieve the stated purpose.
15. Attendance at the Committee by other members of the Councils
15.1. A member of any of the Councils who is not a member of the Committee may speak at a meeting of the Committee at the request or with the permission of the Committee or of its Chair made or obtained before the meeting. Such request or permission shall specify the matters in respect of which the member shall be permitted to speak.
16. Attendance at the Committee by Council Officers
16.1 The relevant Officers from the Councils will attend the Committee meetings to present the reports and advise the Committee in relation to its decision making.
17. Statements of Community Involvement
17.1 Public consultation in relation to pre application matters shall be dealt with in accordance with the Statement of Community Involvement or other appropriate procedures of the Council responsible for issuing the consent.
Annex A: Public Speaking Rights
Part A
Public Speaking Arrangements- General
1. Members of the public, who want to speak about an item which is to be considered at a meeting of the Committee can do so if they have notified the Committee Service by 12.00 noon on the working day before the meeting. Email: democraticservices@tendringdc.gov.uk or Telephone (01255) 686584 or 686585.
At the Committee Meeting
2. Agenda items for which there are public speakers are taken first, normally in the order of the agenda.
3. The Chair will invite public speakers to speak following the Officer’s introduction to the report on the item. The Chair will ask public speakers to come to the table at the beginning of the discussion of the report of the relevant item.
4. Each public speaker will be allowed three minutes in which to make their representation. The Chair will tell the speaker when the three minutes has elapsed and the speaker must stop when requested by the Chair. The Chair has discretion to extend this time limit.
5. Following the public speakers, the Chair will invite any Ward and Division Councillors present to each speak for up to five minutes. The Chair will tell the Councillor when the five minutes has elapsed and the Councillor must stop when requested by the Chair. The Chair has discretion to extend this time limit.
6. A representative of the TCB Community Liaison Group and a representative from Parish and Town Councils within the Tendring Colchester Garden Community area will each be allowed five minutes in which to make their representation. The Chair will tell the representative when the five minutes has elapsed and the representative must stop when requested by the Chair. The Chair has discretion to extend this time limit.
7. All speakers should address the Chair of the Committee, which is the normal convention for Committees.
8. Public speakers should remember to:
Keep to 3 minutes or whatever other period has been agreed.
Highlight the main points they wish to raise and be as brief and concise as possible.
Be courteous
At the conclusion of the public speaking, the Committee will discuss and determine the item
PART B
Public Speaking Arrangements- Planning Applications
1. Members of the public, or applicants or their agents, who want to speak about an application which is to be considered at a meeting of the Committee can do so if they have:
(a) in the case of members of the public, already submitted a written representation on an application; and
(b) notified the Committee Service by 12.00 noon on the day before the meeting.
2. A member of the public who has made a written representation on a planning application which is to be determined by the Committee, will be notified in writing about the committee date and their public speaking rights in the week before the Committee meeting.
At the Committee Meeting
3. A list of public speakers is available at the meeting. Agenda items for which there are public speakers are taken first, normally in the order of the agenda.
4. Each speaker will be allowed three minutes in which to make their representation. The Chair will tell the speaker when the three minutes has elapsed and the speaker must stop when requested by the Chair. The Chair has discretion to extend this time limit.
5. If more than one person wants to make a representation about the same application, then they should choose someone to act as a spokesperson. When several people wish to speak on the same application but wish to raise different issues, the Chair may agree to those speakers making representations. In these circumstances, less time may need to be given to each speaker.
6. The Chair will ask the speaker to come to the table at the beginning of the discussion of the report on the relevant application. The Chair will then invite them to speak following the Officer’s introduction to the report on the application.
7. The speaker should address the Chair of the Committee, which is the normal convention for Committees.
8. Speakers should remember to:
Keep to 3 minutes or whatever other period has been agreed.
Keep to the planning issues raised by the application.
Highlight the main points they wish to raise and be as brief and concise as possible.
Be courteous.
At the conclusion of the public speaking, the Committee will discuss and determine the planning application.
Appendix One to Part Three of the Constitution
[Appendix One replicates The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 Statutory Instrument, made on 19 October 2000, laid before Parliament on 26 October 2000 and which came into force on 16 November 2000. This is available on the attached PDF document.]
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