Agenda and minutes

The Chairman welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M R Edwards, J V Keyes and N J Skeens.

RESOLVED

(i)                that the Minutes of the meeting of the Council held on 15 December 2022 be received.

In response to a Point of Order raised by Councillor A S Fluker the Director of Resources advised that the last report to the Council on the Princes Road project outlined the progress made and advised that the Council would receive further updates as progress became available.  He informed Members that there was nothing to update at this time.

Minute 457 – Area Planning Committees Review

Councillor Fluker raised a point of accuracy in the sixth paragraph of this Minute, noting that reference to “…a level requirement’ should be ‘legal’.  This amendment was noted.  Councillor Fluker queried the information Minuted regarding members’ having a legal requirement and the Monitoring Officer clarified that this was the case, and the Minute was correct.

RESOLVED

(ii)              that subject to the above amendment the Minutes of the meeting of the Council held on 15 December 2022 be confirmed.

RESOLVED

(i)                that the Minutes of the meeting of the Committee held on 12 January 2023 be received.

Councillor E L Stephens advised that her apologies were not included in the Minutes of this meeting.  This was noted.

Minute 2 - Business by Reason of Special Circumstances Considered by the Chairman to be Urgent

Councillor A S Fluker drew Members’ attention to the following errors which needed correcting:

·                  Reference in paragraph 2 of this Minute to ‘lasted’ should be last.

·                  The final sentence in paragraph 2 was incorrect as he had said that the Council should make provision for an additional meeting.

These were duly noted.

Minute No. 7 – Commercial Options for Princes Road

Councillor K M H Lagan advised that his declaration in respect of this Minute was incorrect and he had declared that his wife was an employee of Adult Community Learning.  This amendment was noted.

RESOLVED

(ii)              that subject to the above amendments the Minutes of the meeting of the Committee held on 12 January 2023 be confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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).

Local Government Finance Act 1992 – Section 106

Will any Members affected by Section 106 please note that any declarations to that effect should be made on the commencement of the meeting or immediately on arrival if this is later. Under Section 106 a Member who has not paid an amount due in respect of their Council Tax for at least two months after it became payable is precluded from voting on any matters affecting the level of Council Tax or the arrangements for administering the Council Tax. (The Member is, however, entitled to speak).

Councillor Mrs P A Channer declared an interest in Agenda Item 12 - Business Rates Discretionary Rate Relief Scheme 7b Strategy and Resources Committee – 26 January 2023, Agenda Item 12: Council Tax Discretionary Discount Levels[1] specifically regarding future matters and advised she would not speak or vote on this item of business.

Councillor M F L Durham declared an interest as a Member of Essex County Council (ECC) because Maldon District Council had ongoing contracts with the County Council.

In response to a request for guidance on being an Essex County Councillor the Monitoring Officer reminded Members of the terminology for declaring an interest and that an Essex County Councillor would only need to declare an interest if an item on the agenda specifically touched on their role as a Member of ECC.

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon two clear working days before the day of the Council meeting).

Should you wish to submit a question please complete the online form at www.maldon.gov.uk/publicparticipation.

There were none.

The Chairman of the Council advised Members of the following past Councillors who had recently passed away and asked all Members to stand for a few moments in silent memory of them.:

·                 John Archer – who had been both Chairman and Leader of this Council

·                 Helen Elliott

Members’ were advised by the Chairman that the card from the King following the letter of condolence sent was at the back of the Chamber.

At this point, Councillor W Stamp thanked the Chairman for being chairman for the past year, stating that he should be congratulated following a challenging year.

The Chairman advised Members that he was moving Agenda Item 9 – 2023 / 24 Budget and Medium Term Financial Strategy and this would therefore be considered next by the Council.

To receive a Budget Statement from the Leader of the Council, to consider the following reports of the Section 151 Officer (copies enclosed) and to determine the level of Council Tax.

Members’ attention is drawn to the following Procedure Rules:

·                 Voting – Procedure Rule 13(5) set outs the requirement for any vote taken at a budget decision meeting (as defined by the Local Government Finance Act 1992) to be recorded in the Minutes.

·                 Budget Speech – Procedure Rule 1(13)(a) sets out the time limits in relation to the budget speech and (b) details the requirements for making alternative proposal or amendment as part of the Budget and Council Tax setting.

The Council considered the reports of the Section 151 Officer, on the recommendations of the Strategy and Resources Committee at its meeting on 26 January 2023 relating to the revenue budget and the proposed level of Council for 2023 / 24.

The Chairman informed the Council that in accordance with Procedure Rule 1(13)b an alternative budget proposal had been received.  He then proceeded to detail the order in which this item of business would be discussed.

The Leader of the Council made a budget speech (attached at APPENDIX 1 to these Minutes), thanking the Director of Resources and his team for their hard work and commended the budget for 2023 / 24 to the Council.  This proposal was duly seconded.

The Director of Resources provided a brief summary of the reports highlighting each of the appendices contained within Agenda Item 9c – Revised 2022 / 23 and Original 2023 / 24 Budget Estimates and Council Tax 2023 / 24 as well as:

·                  Member engagement that had taken place;

·                  Capital and Investment Strategy and the Minimum Revenue Provision (MRP) along with details of Capital Bids;

·                  Treasury Management Strategy;

·                  Council Tax for 2023 / 24 and the proposed 2.99% increase equating to £6.35 a week year[1] for a band D property.

·                  Medium Term Financial Strategy (MTFS) and forecast budget changes over the next three years;

In response to the budget speech, the Leader of the Opposition, Councillor R H Siddall, thanked the Leader of the Council and commented on the speech, referring to the:

·                  Cost of Living crisis and the pressure this put on the Council’s finances.  He noted the collaborative working that taken place in respect of preparing the 2023 / 24 budget.

·                  importance on focusing on delivery for services and the immediate year, including setting budgets intelligently.

·                  impact the transformation programme undertaken by the Council and how the new structure coming from it needed redesign.  The transformation and Covid pandemic had both brought resource impacts across the organisation, and he acknowledged the work that Council staff did under pressurised resources and difficult circumstances.

·                  need for the Council to establish how it shared it services as all Council were in a similar position which had not been helped by the Government reducing funding to Local Authorities and advising that Councils should use their reserves. 

·                  Importance of ensuring that future resources were clearly connected to strategy which could be delivered in a measured and sustainable way.

The Chairman then called on Councillor A S Fluker to move his alternative budget proposal.  The Director of Resources circulated to Members hard copies containing details of the proposed amendment with Officer comments.

Councillor Fluker advised that he wished to make an additional proposal in accordance with Procedure Rule 1(13)(b).  He referred to the significant draw down on reserves necessary over the forthcoming year which he felt was unsustainable and highlighted the comments of the Section 151 Officer who cautioned that unless the Council acted sooner its reserves would run out.  Councillor Fluker then provided  ...  view the full minutes text for item 583.

RESOLVED

(i)         That the following be approved:

·                  the Capital Strategy (Appendix 1 to the report),

·                  the Capital Project Bids (Appendix 2 to the report),

·                  Investment Strategy (Appendix 3 to the report), and

·                  Minimum Revenue Provision Statement (Appendix 4 to the report).

RESOLVED

(ii)        That the Treasury Management Strategy 2023 / 24 (Appendix 1 to the report) be approved.

RESOLVED

(iii)      that the following be approved:

(a)             the Revised 2022 / 23 and Original 2023 / 24 General Fund Revenue Budget Estimates (Appendices 1, 2 and 3 to the report),

(b)             an average Band D council tax of £218.75 (excluding parish precepts) (£6.35 increase) for 2023 / 24 (Appendix 1 to the report),

(c)             policies on the designated use of financial reserves (Appendix 4 to the report),

(d)             maintain the current policy of a minimum general fund balance of £2,600,000.

(iv)       that the Council gives due regard to the Director of Resources’ (Section 151 Officer) statement on the robustness of budgets and adequacy of reserves in Appendix 5 (to the report).

RESOLVED

(v)      that Maldon District Council’s Council Tax Requirement for 2023 / 24 is set at £5,663,960;

(vi)             that the Maldon District Council’s Band D Council Tax (excluding Parish precepts) is set at £218.75, reflecting an increase of £6.35 (2.99%), all other bands being determined in accordance with the relevant Sections of the Local Government Finance Act 1992, as amended;

(vii)          that the precept demands and level of Band D Council Tax of the Essex County Council, the Essex Police, Fire and Crime Commissioner Fire and Rescue Authority for both Police and Fire, and the various Parish Councils within the District be determined as set out in the report, all other bands being determined in accordance with the relevant Sections of the Local Government Finance Act 1992, as amended;

(viii)          that the Council calculate its Council Tax Base for the year 2023 / 24 as follows:

(a)      for the whole district as 25,892.3 Item T in the formula in Section 31B of the Local Government Finance Act 1992 (the Act), as amended by the Localism Act 2011; and

(b)       for dwellings in those parts of its district to which a Parish precept relates as listed below:

1.       Calculate that the Council Tax Requirement for the Council’s own purposes for 2023/24 (excluding Parish precepts) is £5,664,960.

2.       That the following amounts be calculated by the Council for the year 2022 / 23 in accordance with new Sections 31 to 36 of the Act as amended:

(a)     £28,877,311          being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act, taking into account all precepts issued to it by Parish Councils (i.e. gross expenditure including Parish precepts)

(b)     £21,560,384          being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act (i.e. gross income including government grants)

(c)     £7,316,927           being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its Council Tax Requirement for the year (Item R in the formula in Section 31B of the Act) (i.e. Council Tax Requirement including Parish precepts).

(d)     £282.59                  being the amount at 3(c) above (Item R) divided by the amount at 1(a) above (Item T), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its  ...  view the full minutes text for item 583d

RESOLVED

(viii)      That the updated Medium-Term Financial Strategy for 2023 / 24 to 2025 / 26 (as at 26 January 2023) at Appendix 1 to the report,be approved.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed).

The Council considered the report of the Director of Strategy, Performance and Governance presenting the Corporate Plan 2023 – 27 (Appendix 1 to the report) for approval.  It was noted that at its meeting on 26 January 2023 the Strategy and Resources (S&R) Committee had agreed a Motion to bring forward a draft Corporate Plan for the period 2023 – 27, in line with 2023 / 24 budget reporting to the Council.

It was noted that the proposed 2023 / 24 budget presented to the S&R Committee on 26 January 2023 maintained services to enable delivery of the Corporate Plan 2023-27.  A service by service review was being undertaken to ensure that financed remained stable and allowed resourcing decision to be based on the corporate priorities.

The Leader of the Council presented the report to the Council and thanked those Officers involved in bringing the Corporate Plan to this meeting of the Council.  She also thanked the Corporate Leadership Team for their guidance throughout.  The Leader proposed that the recommendations as set out in the report be agreed.  This was duly seconded.

The Director of Strategy, Performance and Governance outlined the work undertaken by Officers to bring the Corporate Plan to this meeting following the Motion agreed at the last S&R Committee meeting and thanked all staff involved particularly Ms Button, the Strategy, Policy and Communications Manager.  He explained how the plan set out the Council’s vision for the District, identified six key priorities for delivering this and how the plan would be evidenced.  Service Plans would work along the Corporate Plan which would also inform quarterly performance reporting and ensure all staff had SMART (Specific, Measurable, Achievable, Relevant and Time-bound) objectives.

Members congratulated Officers on the report, recognising the speed at which the document had been brought forward.

RESOLVED

(i)                That the Corporate Plan 2023-2027 (Appendix 1 to the report) be approved;

(ii)              That to ensure the Council achieves strategy through to delivery, Members also support recommended next steps, including:

·                  For Service Plans 2023 / 24 to be approved by the Corporate Leadership Team at the end of April 2023.

·                  For a review of Key Performance Indicators to take place in June 2023.

Agenda Item 6 - Review of Scrutiny Workplan Item – Planning Decision Making

RECOMMENDED that the Council adopts and pursues the following initiatives:

·                 Review and refresh of the Planning Appeals Protocol;

·                 Views and conclusions on Member Training – limited to concentrating on bespoke and specialised training (no references to related committee structure/decision making arrangements);

·                 Review and improvement of Officer Reports.

Item 13 – Notice of Motion Referral – Conduct Issue

Please see Agenda Item 18a on this agenda.

Agenda Item 6 - Review of Scrutiny Workplan Item – Planning Decision Making

Councillor M W Helm, Chairman of the Overview and Scrutiny Committee presented the recommendation coming forward from his Committee for consideration by the Council.

Following a brief discussion, the Chairman put the recommendation to the Council and this was duly agreed.

RESOLVED that the Council adopts and pursues the following initiatives:

·                  Review and refresh of the Planning Appeals Protocol;

·                  Views and conclusions on Member Training – limited to concentrating on bespoke and specialised training (no references to related committee structure / decision making arrangements);

·                  Review and improvement of Officer Reports.

Agenda Item 6 – Notice of Motion

RECOMMENDED that the Council brings forward the 2023 / 24 Budget and a fully costed 2023 - 27 Corporate Plan at the same time and in advance of the 2023 municipal year.

Agenda Item 11 – Council Tax Support Scheme 2023 / 24

RECOMMENDED

(i)         That the following changes to the existing schemes are approved:

a.         a cost of living increase in line with the Department for Work and Pensions schemes be included in the Local Council Tax Support Scheme (LCTS) for 2023 / 24 for Pensioners only;

b.         that any legislative changes being introduced to the Housing Benefit Scheme, for 2023 / 24 are mirrored in the Council’s LCTS to ensure consistency;

c.         minor technical amendments to ensure that we are able to administer the Scheme reflecting current local and national guidance and that we may disregard anything determined to be a local welfare payment from our calculation;

d.         provision to award up to a £25 discount to eligible LCTS recipients for 2023 / 24 only.

(ii)        that these decisions have been made following Members careful reading of and regard to the Equality Impact Assessment at APPENDIX 1;

(iii)       that Members note the framework for the Hardship Provision at APPENDIX 2;

(iv)       that the Policy document at APPENDIX 3, be approved.

Agenda Item 12 – Council Tax Discretionary Discount Levels

RECOMMENDED

(i)         That the following changes are approved to have effect from 1 April 2024:

a.         An empty home premium of 100% is levied on properties empty longer than one year;

b.         The Council Tax for second homes which are no one’s sole or main residence is increased by 100% through the application of a premium at the maximum permitted amount.

(ii)        That no changes are made to the Councils Section 13a1C discretionary reduction policy to specifically deal with empty properties which are being marketed for sale;

(iii)       That these decisions are reviewed as part of the budget setting process for 2024 / 25 and annually thereafter.

Agenda Item 13 – Pay Policy Statement

RECOMMENDED that the Pay Policy Statement attached at APPENDIX 4, be adopted for 2023.

Agenda Item 14 – Maldon Citzens Advice – Funding Request

RECOMMENDED that Members consider applying an inflationary increase of 6% to the Advice Services Contract, totaling £4,500.

Please note that the following recommendations coming forward from this Committee are not for consideration at this point as they form part of Agenda Item 9 - 2023 / 24 Budget and Medium-Term Financial Strategy, due to be considered at this meeting:

·                 Capital and Investment Strategies for 2023 / 24 and Minimum Reserve Statement 2023 / 24;

·                 Medium-Term Financial Strategy 2023 / 24 – 2025 / 26;

·                 Revised 2022 / 23 Estimates, Original 2023 / 24 Budget Estimates and Council Tax 2023 / 24;

·                 Treasury Management 2023 / 24.

The Council considered the following recommendations coming forward from the Strategy and Resources Committee for consideration.

Agenda Item 6 – Notice of Motion

It was noted that this item of business had been dealt with under Agenda Item 15 – Corporate Plan Draft 2023 – 2027.

RESOLVED that the Council brings forward the 2023 / 24 Budget and a fully costed 2023 - 27 Corporate Plan at the same time and in advance of the 2023 municipal year.

Agenda Item 11 – Council Tax Support Scheme 2023 / 24

RESOLVED

(i)         That the following changes to the existing schemes are approved:

a.               cost of living increase in line with the Department for Work and Pensions schemes be included in the Local Council Tax Support Scheme (LCTS) for 2023 / 24 for Pensioners only;

b.         that any legislative changes being introduced to the Housing Benefit Scheme, for 2023 / 24 are mirrored in the Council’s LCTS to ensure consistency;

c.         minor technical amendments to ensure that we are able to administer the Scheme reflecting current local and national guidance and that we may disregard anything determined to be a local welfare payment from our calculation;

d.         provision to award up to a £25 discount to eligible LCTS recipients for 2023 / 24 only.

(ii)        that these decisions have been made following Members careful reading of and regard to the Equality Impact Assessment at Appendix 1 to the report considered by the Strategy and Resources Committee);

(iii)        that the framework for the Hardship Provision at Appendix 2 (to the report considered by the Strategy and Resources Committee) APPENDIX 2 be noted;

(iv)       that the Policy document at Appendix 3 to the report considered by the Strategy and Resources Committee), be approved.

Agenda Item 12 – Council Tax Discretionary Discount Levels

RESOLVED

(i)         That the following changes are approved to have effect from 1 April 2024:

a.               An empty home premium of 100% is levied on properties empty longer than one year;

b.         The Council Tax for second homes which are no one’s sole or main residence is increased by 100% through the application of a premium at the maximum permitted amount.

(ii)        That no changes are made to the Councils Section 13a1C discretionary reduction policy to specifically deal with empty properties which are being marketed for sale;

(iii)       That these decisions are reviewed as part of the budget setting process for 2024 / 25 and annually thereafter.

Councillor Mrs P A Channer asked that it be noted in light of her earlier declaration of interest she had not voted on this item of business.

Agenda Item 13 – Pay Policy Statement

RESOLVED that the Pay Policy Statement attached at Appendix 4 to the report considered by the Strategy and Resources Committee), be adopted for 2023.

Agenda Item 14 – Maldon Citzens Advice – Funding Request

Councillor S White, Chairman of the Strategy and Resources Committee moved the recommendation coming forward from her Committee.

During the brief debate  ...  view the full minutes text for item 586.

Agenda Item 16 – Statement of Consultation – Local Development Plan Review: Issues and Options Document

RECOMMENDED that the Statement of Consultation on the Maldon District Local Development Plan Review - Regulation 18 Issues and Options Document attached as APPENDIX 1 be noted.

Agenda Item 16 – Statement of Consultation – Local Development Plan Review: Issues and Options Document

The Leader of the Council advised that at the Strategy and Resources Committee she had declared an interest in this item of business regarding the consultation responses received.

RESOLVED that the Statement of Consultation on the Maldon District Local Development Plan Review - Regulation 18 Issues and Options Document attached as Appendix 1 (to the report considered by the Strategy and Resources Committee)be noted.

To note that since the last Council, up until Tuesday 14 February 2023 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Tuesday 14 February 2023 for which Minutes had been published.

There were none.

To consider the report of the Director of Resources (copy enclosed).

In response to a question regarding declarations of interest if a Member owned a property in the District, the Monitoring Officer provided clarification of the three categories of interest.

Councillors R P F Dewick, Mrs J L Fleming, A S Fluker, M W Helm, and S White all declared an interest in this item of business as they owned businesses within the District and left the meeting at this point.

The Council considered the report of the Director of Resources seeking Members’ approval of the updated Discretionary Non-Domestic Rate Relief Scheme (attached at Appendix 1 to the report).  It was noted that the updated scheme would replace existing policy to reflect changes announced by Central Government to support businesses.  The new relief would be fully funded by Central Government.

The report outlined a number of measures announced by the Chancellor to support businesses from 1 April 2023.  The Updated Scheme provided for the granting of the new reliefs in line with the published guidance.

The Chairman then put the recommendation set out in the report and this was duly agreed.

RESOLVED that the proposed Discretionary Non-Domestic Rate Relief Scheme at Appendix 1 to the report be approved.

Councillors R P F Dewick, Mrs J L Fleming, A S Fluker, M W Helm, and S White all returned to the Chamber.

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

The Council considered the report of the Director of Strategy, Performance and Governance requesting approval to change the location of the polling stations in Heybridge (East), Maldon (East) and Mayland.  The report also sought delegated authority for the Council’s Returning Officer to decide on an alternative polling station at the forthcoming elections in May 223, in the event of any designated venues not being available for use.

The report provided background information and details of the Council’s duty under the Representation of People Act 193 to designate Polling Places for each Polling District.  It was noted that the next review of polling places is due to be completed by January 2025.

In response to a question, the Director of Strategy, Performance and Governance advised that the pre-election was set to start on 13 March 2023 given the number of potential candidates registering.

The Director of Strategy, Performance and Governance agreed to review using Lawling Hall rather than Henry Samuel Hall for Mayland.  It was noted that this report, if agreed, would give the Director delegated authority to make such changes.

Councillor A S Fluker referred to Southminster and requested that Officers liaise with the Parish Clerk to ensure that planned roadworks etc. were not due to be carried out on polling day.  This was noted.

RESOLVED

(i)                That for the elections being held on 4 May 2023, the Returning Officer be granted delegated powers to decide on suitable alternative venues, should any designated polling stations become unavailable;

(ii)              That the following polling station designations be approved:

To consider the report of the Monitoring Officer, (copy enclosed).

The Chairman advised that this report was no longer required and would therefore not be considered.

There was none.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

In response to a question regarding the following item of business, the Monitoring Officer clarified the consideration taken by Officers when bringing forward a matter under private business.

The Chairman then moved the following recommendation which was duly agreed.

RESOLVED 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 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

Item 13 – Notice of Motion Referral – Conduct Issue

RECOMMENDED that the Council was informed of this Committee’s conclusion that the matters raised in the motion do not require to be added to the Committee’s scrutiny workplan for the reasons as set out in the report.

Item 13 – Notice of Motion Referral – Conduct Issue

In response to questions, the Monitoring Officer provided the Council with further information regarding this matter, its confidential nature and the discussions had regarding it at the Overview and Scrutiny Committee.  He also outlined the tests that had to be carried out when considering if an item of business was confidential or not.

Following further discussion, the Chairman put the recommendation from the Overview and Scrutiny Committee and this was duly agreed.

RESOLVEDthat the Council was informed of this Committee’s conclusion that the matters raised in the motion do not require to be added to the Committee’s scrutiny workplan for the reasons as set out in the report.

RESOLVED that the meeting of the Council resumes in open session at 9:59pm.

The Chairman advised that the Council meeting would continue on Thursday 23 February 2023 starting at 10am, to consider the remaining item on the agenda - Agenda Item 10 – Notice of Motions.  He then closed the meeting at 10:02pm.