Issue - meetings

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

Prior to consideration of this item of business the Lead Legal Specialist and Monitoring Officer provided Members with an outline of the process which would be followed for consideration of the two planning applications on the agenda.  He highlighted the reasons behind considering the legal advice in private session and how if Members voted to consider the advice in open session this would then be available to the public and applicant.  The Officer then answered a number of questions from Members and clarified that determination of the planning applications needed to be made in public for members of the public to see how Members vote.

The Chairman proposed that the Council consider the following two items business in private session.  This was duly seconded. 

In accordance with Procedure Rule 13 (3) a recorded vote was requested and duly seconded.  It was further agreed that a separate vote would be taken on each of the private and confidential items of business. 

The Chairman asked for a vote on the motion to exclude the public and press from the meeting for consideration of Agenda Item 5 – Planning Decision: Legal Advice Relating to Land North and West of Knowles Farm, Maldon and the voting was as follows:

For the recommendation:

Councillors E L Bamford, M G Bassenger, V J Bell, R G Boyce, M R Edwards, Mrs J L Fleming, M W Helm, A L Hull, K W Jarvis, K M H Lagan, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

Against the recommendation:

There were none.

Abstention:

Councillors M S Heard and C Morris.

The Chairman declared this motion as agreed.

The Council then voted on excluding the public and press from the meeting for consideration of Agenda Item 6 – Planning Decision: Legal Advice Relating to Bradwell-on-Sea Ground Investigations and the voting was as follows:

For the recommendation:

Councillors E L Bamford, R G Boyce, Mrs J L Fleming, M W Helm, A L Hull, K W Jarvis, K M H Lagan, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

Against the recommendation:

Councillors M G Bassenger, V J Bell, M R Edwards and C Morris.

Abstention:

Councillors M S Heard and N J Skeens.

The Chairman declared this motion as agreed.

RESOLVED that that under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

Prior to moving into Private Session, the Chairman deferred to the Monitoring Officer, Mr Quelch to take the Committee through the process for the remainder of the meeting.

The Monitoring Officer drew Members’ attention to the content of his email circulated prior to the meeting. He reminded  the Committee that the Constitution required that a member must be present for the entire discussion on an application therefore, if  a member was not present during the previous discussion or experienced connectivity problems on items 10 15/015327/OUT, Land North and West of Knowles Farm. Wycke Hill, Maldon, Essex and 11 20/000157/FUL, Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea, that member would not be able to partake in the debate or vote.

The Chairman then addressed the proposal to move into private session in accordance with Section 100A(4) of the Local Government Act 1972.  At this point Councillor Morris interrupted the Chairman and requested a vote on whether the Committee move to private business. The Chairman explained that she was taking the Committee through a proposal to go into private session and that the Committee would vote on that proposal. This was seconded by Councillor Helm. A recorded vote was requested.

The Monitoring Officer asked if he could address certain issues should the Committee vote against the proposal to move into private session. He advised that the legal advice would be open to both the developers and the public and may not be in the best interests of the Council. The Chairman asked if the advice sought was intended to be made public or not. The Monitoring Officer replied that given the nature of the advice it would not be in the interests of the Council to make the advice open to the public.