Agenda and minutes

The Chairman referred to the notices published on the agenda.

Apologies for absence were received from Councillors J P F Archer, Miss A M Beale, R G Boyce MBE, Mrs H E Elliott, J V Keyes, Miss M R Lewis, M R Pearlman and A K M St. Joseph.

To confirm the Minutes of the Statutory Annual meeting of the Council held on Thursday 11 May 2017 (copy enclosed).

RESOLVED

(i)              That the Minutes of the Statutory Annual Council meeting on 11 May 2017, be received.

Minute 11 – Chairman’s Announcements

It was noted that Mr Saleem Chughtai was Interim Deputy Monitoring Officer and not as recorded.

Minute 14 – Leaders and Composition of Political Groups

It was noted that the figures detailed in the table of this Minute were incorrect and the number of Conservative Councillors should be 27 and not as recorded.

RESOLVED

(ii)            That subject to the above amendments, the Minutes of the Statutory Annual Council meeting on 11 May 2017, be adopted.

To confirm the Minutes of the extraordinary meeting of the Council held on 18 May 2017 (copy enclosed).

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 18 May 2017 be approved and confirmed.

To confirm the Minutes of the extraordinary meeting of the Council held on 29 June 2017.

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 29 June 2017 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 - 8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor S J Savage declared a non-pecuniary interest in Agenda Item 12 – FUL/MAL/16/012452 Mobile Car Wash in Car Park, Blackwater Leisure Centre as he was a user of the facilities at the Leisure Centre.  He also declared in relation to Agenda Items 14 FUL/MAL/16/01142 and Item 15 LBC/MAL/16/01143 Stow Maries Aerodrome, Hackmans Lane, Cold Norton that he had attended functions and some open days.

Councillor D M Sismey disclosed a pecuniary interest in Agenda Item 9 Recommendations of Committees for Decision by the Council as an employee of Goldman Sachs.

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council which applied to most items on the agenda but particularly:

·             Agenda Item 12 – FUL/MAL/16/012452 Mobile Car Wash in Car Park, Blackwater Leisure Centre

·             Agenda Item 13 – FUL/MAL/17/00067 Millennium Wood, Park Drive, Maldon

·             Agenda Items 14 FUL/MAL/16/01142 and 15 LBC/MAL/16/01143 Stow Maries Aerodrome, Hackmans Lane, Cold Norton.  In relation to these agenda items Councillor Mrs Channer declared an interest both as a Maldon District Councillor and Essex County Councillor as she was the divisional member for Maldon in which Stow Maries sat.  Both Essex County Council (ECC) and Maldon District Council (MDC) had provided loan funding to the Aerodrome and she had attended events there and knew some of the trustees and objectors.

·             Agenda Item 17 – Bradwell Power Station

·             Agenda Item 18 – Permit for School Parents Parking

·             Agenda Item 19 – Appointment of Representative to Outside Bodies – Essex County Council Health, Overview and Scrutiny Committee

Councillor Miss S White declared a non-pecuniary interest in Agenda Items 14 FUL/MAL/16/01142 and Item 15 LBC/MAL/16/01143 Stow Maries Aerodrome, Hackmans Lane, Cold Norton as she was a Member of MDC who had loaned monies to the Aerodrome and she knew a number of the objectors and supporters.

Councillor R Pratt declared a non-pecuniary interest as a Member of ECC.  He sought clarification from the Monitoring Officer regarding the need to declare an interest as Member of MDC in relation to Agenda Items 14 and 15.  In response the Monitoring Officer advised the Council that for purpose of loan given by MDC there was no need to declare for purpose of MDC members, but that ECC Members should make appropriate declarations.

Councillor M F L Durham declared a non-pecuniary interest as Member of ECC and advised that he therefore had an interest in any item on the agenda pertaining to that.

Councillor A S Fluker declared that he was a Director and Trustee of the not for profit company Stow Maries Great War Aerodrome and the subsidiary company, Stow Maries Great War Trading and that he would be leaving the chamber during the debate on Agenda Items 14 FUL/MAL/16/01142 and 15 LBC/MAL/16/01143 Stow Maries Aerodrome, Hackmans Lane, Cold Norton.  .

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday prior to the day of the meeting).

There were none.

The Chairman advised Members of the following events which him and the Vice-Chairman had attended and thanked the Vice-Chairman.

(i)              To consider the report of the Chief Executive (copy enclosed).

Please note: Where appropriate this report contains links to the relevant Committee agenda, reports and Minutes.

(ii)            Minutes of meetings of Committees

To note that since the last meeting of the Council, up to Wednesday 5 July 2017 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6(2).

Minutes NOT finalised for publication:

* Please note that these Minutes contain recommendations previously dealt with by the Council at its last meeting.

** Please see item (i) above as these Minutes contain recommendations to the Council.

In accordance with his earlier declaration Councillor D M Sismey left the meeting at this point.

The Council considered and agreed the following recommendations:

Joint Standards Committee – 1 June 2017

Minute 1019 – Constitutional and Operating Arrangements for the Joint Standards Committee

In response to a question regarding Appendix 3 to the report, the Monitoring Officer confirmed that this information had not been considered by the Joint Standards Committee.  Appendix 3 had been produced in response to a request from the Committee for the preparation of a process note to replace the current flow charts (detailed in Appendix 1 and 2 to the report). 

Councillor A S Fluker proposed that Appendix 2 be amended to delete reference in the two dashed boxes to “or otherwise as soon as practicably possible” and in the same boxes change reference from “28 working days” to 10 working days.  This proposal was duly seconded and agreed.

RESOLVED

(i)             that Appendix 2 be amended as set out above;

(ii)           that the Council agrees that the revisions to the constitutional and operating arrangements of the Joint Standards Committee as outlined in the report and clarified above, and shown as tracked in Appendices 1 and 2 (as amended) to the report be adopted as part of the Council’s constitutional documentation;

(iii)         that as a consequence of a revision included in (i) above, Council and Committee Procedure Rule 20 be amended to also exclude the Joint Standards Committee when conducting its business in private session.

Planning and Licensing Committee – 13 June 2017

Minute 135 – Designated List of Wheelchair Accessible Vehicles

RESOLVED

(iv)         that the Council produces a list of designated wheelchair accessible vehicles;

(v)           that subject to (iv) above the Council produces procedures in relation the production of the list of designated wheelchair accessible vehicles, including the exemption of drivers from their duties based on medical grounds.

Minute 142 – Council Constitution – Planning Applications for Development of Strategic Interest

RESOLVED

(vi)         that the Council agrees that the following wording be inserted at the end of Proviso 5 within the Terms of Reference of the Area Planning Committees:

For the purposes of this proviso 5 “applications for development of strategic interest” shall include all applications establishing or varying the principle of development but shall not include variations to conditions or the approval of reserved matters unless in accordance with a decision of the Council or at the discretion of the Director of Planning and Regulatory Services.  In all other respects, the existing provisions of the Scheme of Delegation will apply.

(vii)       that the Council agrees that the following additional provision is included in the Scheme of Delegation to Officers:

In consultation with a legal advisor, the determination of requests for the variation of a Section 106 Planning Obligation provided that the approved principle of development is unaffected and that the variation does not affect the securing of the payment of monies to the Council.

Finance and Corporate Services Committee – 14 June 2017  ...  view the full minutes text for item 246.

To consider the Statement of the Leader of the Council setting out the Council’s report and programme for the current municipal year.

Councillor M F L Durham, the Leader of the Council, made a Statement (attached at APPENDIX 1 to these Minutes) setting out the Council’s report and programme for the current municipal year.  He then commended this to the Council.

The Leader of the Opposition, Councillor B S Beale, thanked the Leader of the Council for an advance copy of his Statement and the opportunity to respond.  He then made reference to a number of points outlined in the Leaders’ speech including:

·                 Starter Businesses – This was a key focus point and a major item to enhance and encourage.  He referred to a large number of people wanting to start businesses and the need to provide assistance where possible.

·                 Partnerships – Councillor Beale highlighted the importance of partnerships both to assist the Council, make decisions and carry some of the load of information.

·                 Health and Wellbeing of Older Persons – He referred to the greater aging population and it was important to support them, as the core of the District.

·                 The Local Development Plan (LDP) – Councillor Beale commented that the recent news on the progression of the Council’s LDP was wonderful and he made particular reference to the work of planning staff.  He hoped that the LDP would shortly be signed off by the Secretary of State resulting in a relief of pressure and leaving the Council in a strong position to defend speculative applications. 

·                 Planning Department – Councillor Beale asked that his personal thanks be passed to the Planning Staff for all the hard work they had done.  He noted that the department was now up to full strength.

·                 Bradwell B – He raised concerned regarding this and whether it would happen due to other opportunities at Sizewell etc.

Councillor Beale concluded referring to the health needs of the District and discussions around a new Health Hub.  He asked the Council to work together to make certain the Health Hub actually happened along with the new District surgeries proposed. 

RESOLVED that the Statement made by the Leader of the Council, attached at APPENDIX 1 to these Minutes, be received.

There were none.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

It was noted that the Central Area Planning Committee at its meeting on 31 May 2017 had considered this application and agreed to support the Officers’ recommendation of refusal.

Having listened to the Planning Officer’s presentation, the Leader of the Council referred to the investment made by the Council in its leisure centres and did not feel the proposed addition to the facilities in Maldon was satisfactory and visually acceptable.  He proposed that the Officers’ recommendation of refusal be agreed.  This proposal was duly seconded and agreed.

RESOLVED that this application be REFUSED for the following reason:

1          The stationing of the metal container by way of its scale, poor utilitarian and rudimentary design and detailing and temporary nature is considered to have a detrimental impact upon the character and appearance of the area and visual amenities contrary to adopted and saved policy BE1 of the Maldon District Replacement Local Plan, emerging policy D1 of the submitted Local Development Plan and guidance contained within the National Planning Policy Framework.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

It was noted that the Central Area Planning Committee at its meeting on 31 May 2017 had considered this application and agreed to support the Officers’ recommendation of refusal.

Having listened to the Planning Officer’s presentation, the Leader of the Council supported the recommendation of the Central Area Planning Committee and Officers’ and proposed that the application be refused for the reasons as set out in the report.  This proposal was duly seconded and agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The proposed development would result in significant detrimental impact upon the character and appearance of the site by way of visual intrusion including choice of boundary treatment, choice of materials within the site, level of built form and loss of public open amenity space contrary to adopted policies BE1, CC6 and REC7 emerging policies D1 and E5 of the submitted Local Development Plan and the guidance and provision of the National Planning Policy Framework.

2          It has not been demonstrated that the proposal would not result in material harm or detrimental impact upon the enjoyment and safety of adjacent neighbouring occupiers or users and workers within the site contrary to policies BE1, CON5 and CON6 of the adopted Maldon District Replacement Local Plan and emerging policies D1 and D2 of the submitted Local Development Plan and the guidance and provision as contained within the National Planning Policy Framework.

3          Policy E5 of the Local Development Plan supports development for new tourist facilities providing it is demonstrated that there is an identified need for the proposal, there is good connectivity with other tourist sites and green infrastructure networks, there is no significant detrimental impact on the character and amenity of neighbouring uses or the surrounding area and any impact on the natural environment is avoided.  The proposal fails to meet these policy criterion. 

4          The Ecological Scoping Survey reference 0259.0001 Rev 0 has not fully demonstrated that there will be no detrimental effect on the ecology and biodiversity of the site contrary to adopted policies BE1, CC5 and CC6 of the adopted Maldon District Replacement Local Plan and emerging policies D1, E5, N1 and N2 of the submitted Local Development Plan and the guidance and provision as contained within the National Planning Policy Framework.  

In accordance with his earlier declaration Councillor A S Fluker left the  ...  view the full minutes text for item 250.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Chairman advised that he proposed to deal with Agenda Items 14 and 15 together as they related to the same site.  This was agreed.

It was noted that this application had been referred to the Council for determination by the North Western Area Planning Committee who had considered it at its meeting on 12 June 2017.

The Members’ Update, circulated at the meeting, detailed the following information received since publication of the Officers’ report:

·                 Further clarification of the proposed Section 106 legal agreement.

·                 In light of concerns raised regarding the visibility splay detailed in condition 4 it was suggested that this be changed to a Grampian Condition, in the interest of proper planning.

·                 Six further letters of objection had been received and the reasons for objection were set out in the Update.

·                 A consultation response had been received from Natural England (NE) and their comments were summarised in the Update. 

·                 Additional supporting information had been received from the Applicant. 

·                 In light of the recent consultation response from NE an amendment to the recommendation was detailed which included amendments / additions to the Heads of Terms and Conditions.

Members received a very detailed presentation from Officers which included a presentation from the Environmental Health and Licensing Manager regarding noise.  Following the Officers’ presentation an objector Mr Flemming, Councillor Hollington on behalf of Stow Maries Parish Council and the Agent, Mr Mathews addressed the Council.

Councillor M FL Durham, Leader of the Council, supported the application making reference to the significance of the Aerodrome in the District and proposed  ...  view the full minutes text for item 251.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

Please see FUL/MAL/17/01142 above for details of the discussion that took place.

The Chairman advised that although he had agreed to consider both the FUL and Listed Building Consent (LBC) applications together the LBC application could not be refused on the basis of the reason used for the FUL application.

It was clarified that the Listed Building Application was separate in nature to the FUL application.

RESOLVED that Listed Building Consent be GRANTED subject to the following conditions:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

Councillor A S Fluker re-joined the meeting at this point.

To consider the report of the Chief Executive (copy enclosed).

The Council considered the report of the Chief Executive supplying Members with details of the Council’s performance against targets set for 2016 / 17 and to ensure that progress was being achieved towards the corporate goals and outcomes detailed in the agreed Corporate Plan 2015 - 2019.

Appendix 1 to the report set out the end of year position for each of the corporate goals.  Members’ attention was drawn to the achievements and successes set out in the report.  The report also provided a summary of complaints and compliments received during 2016 / 17. 

RESOLVED that the report be noted.

To consider the report of the Chief Executive, (copy enclosed).

The Council considered the report of the Chief Executive updating Members on discussions with EDF regarding the potential location of a new nuclear power station at Bradwell-on-Sea (Bradwell B). 

A draft Planning Performance Agreement (PPA) vision for the Bradwell Nuclear Power Station project was set out in Appendix 1 to the report.  Members were advised that the PPA contained seven key aims and would help the Joint Councils develop a clear programme of work set out to achieve mutually desired project outcomes.

RESOLVED that the draft Planning Performance Agreement (PPA) vision for the Bradwell Nuclear Power Station Project which will form the basis of a Planning Performance Agreement setting out mutually agreed project outcomes, be endorsed.

To consider the report of the Director of Customers and Community, (copy enclosed).

The Council considered the report of the Director of Customers and Community seeking Members’ agreement to introduce a new car parking permit for Maldon Court School.  The permit would enable parents to pre-pay for the use of a Council car park for picking up and dropping off their children at school.

The report provided background information regarding a recent review of existing ‘informal’ free use of the Council car parks by parents.  It was noted that this matter had been considered by the Community Services and Finance & Corporate Services Committees and details of their decisions were provided.

Members were advised of the 3 Parking Rules Project, developed by South Essex Parking Partnership, to encourage considerate and safe parking around schools by parents at drop off and pick up times.  It was noted that due to unique parking issues around Maldon Court School it would not be possible for the School to participate in the project.  For this reason a new car parking permit was being suggested.

RESOLVED

(i)              that a new parking permit for parents of children attending Maldon Court School be introduced for parking in the Council White Horse Lane car park for a standard term of 38 weeks costing £200 per academic year.  The Permit cost will be linked to the one hour parking charge and be subject to any future variation in parking charges;

(ii)            that the Council’s Fees and Charges for 2017 / 18 be updated, accordingly;

(iii)          that the new arrangements commence at the start of the Autumn term, 5 September 2017 for a two year trial period and until then the current informal arrangements continue during term time (ending July 2017).

To consider an invitation to appoint a representative to serve as a co-opted non-voting Member on the above Committee.

RESOLVED that Councillor N R Pudney be nominated as the Council’s representative to serve as a co-opted non-voting Member on the Essex County Council Health Overview and Scrutiny Committee.