Agenda and minutes

Council
Thursday 21st December 2017 7.30 pm

Venue: Council Chamber. Maldon District Council Offices, Princes Road, Maldon

Contact: Committee Services 

Items
No. Item

688.

Chairman's Notices

Minutes:

The Chairman referred to the notices printed on the agenda.

689.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors J P F Archer, Miss A M Beale,
I E Dobson, J M Keyes, Miss M R Lewis, R Pratt and Miss S White.

690.

Minutes - 2 November 2017 pdf icon PDF 145 KB

To confirm the Minutes of the meeting of the Council held on 2 November 2017 (copy enclosed).

Minutes:

RESOLVED

 

(i)              That the Minutes of the meeting of the Council held on 2 November 2017 be received.

 

Minute 539 – Petition to Reinstate the Marine Lake, Promenade Park, Maldon

Councillor R G Boyce raised the following amendments to this Minute which were agreed.

·               Page 436 fourth paragraph – “Councillor R G Boyce advised the Council that if the motion on the floor was not supported he wished to move another motion to the recommendations in the report…”

·               Page 437 “Councillor R G Boyce referred to the recommendations set out in the report and proposed that the Council agree the alternative action and not take the action requested by the Petition (to reinstate Maldon Prom Swimming Lake and Paddle Boats) for the following reasons”

 

Minute 545 – Llys Helig Update

In response to a query it was noted that a report would be brought to a future meeting of the Council.

 

RESOLVED

 

(ii)            That subject to the above amendments, the Minutes of the Council held on 2 November 2017, be adopted.

691.

Declarations of Interest

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).

Minutes:

Councillor D M Sismey declared a prejudicial interest in the recommendation regarding Treasury Management on Agenda Item 7 – Recommendations of Committees for Decision by the Council as he was an employee of Goldman Sachs.

 

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council and any matters in the reports that relate to that Authority, highlighting Agenda Item 9 – The Maldon District Design Guide.

 

Councillor M F L Durham declared a non-pecuniary interest as a Member of Essex County Council and any matter pertaining to that organisation.

692.

Public Questions

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).

Minutes:

There were none.

693.

Chairman's Announcements

Minutes:

The Chairman thanked everyone who had attended the Chairman's Civic Carol Service in Southminster and advised that he had attended a number of events which are detailed below. 

 

The Chairman wished everyone a happy Christmas and enjoyable new year and invited those present to join him for light refreshments after the meeting.

 

06/11/2017

Girl guiding Essex and Jack Petchey Foundation Award evening

06/11/2017

Funeral of the Chief Executive of Chelmsford City Council and former Chief Executive of Maldon District Council, Steve Packham

06/11/2017

Jack Petchey Foundation and Girl Guiding Essex - Awards Presentation

07/11/2017

Tolleshunt D'Arcy St Nicholas School, meeting The Rt. Rev. Stephen Cottrell

07/11/2017

Conservation and Design Awards

09/11/2017

Unveiling of Saltmarsh Hub

12/11/2017

Remembrance Sunday Services, Maldon, Wickham Bishops, Burnham-on-Crouch, Stow Maries

14/11/2017

Grand Opening of the New Barge Tea Rooms (Vice-Chairman)

16/11/2017

Essex Police Rural Crime Strategy Launch

16/11/2017

Small Business Saturday Bus Tour (Vice-Chairman)

17/11/2017

Funeral of former Maldon District Councillor, David Fisher OBE, JP

22/11/2017

Launch of Patrick Chaplin's Book - Going with the Flow

23/11/2017

Visit to Wickham Engineering, Tollesbury

23/11/2017

Visit to Crowne Plaza Hotel and Spa, Tolleshunt Knights

27/11/2017

Trucam Launch

02/12/2017

Maldon District Council (MDC) Annual Day of Dedication at Maldon Cemetery

07/12/2017

Visit to Morley Skips, Tolleshunt Knights

07/12/2017

Visit to the Secret Hamper, Tolleshunt Major

08/12/2017

MDC Chairman's Civic Carol Service

13/12/2017

Visit to Community Policing Team

13/12/2017

Visit to Maldon Ambulance Station

14/12/2017

Visit to St Peter's Hospital

14/12/2017

Visit to Burnham-on-Crouch Fire Station

14/12/2017

Visit to the Royal National Lifeboat Institute, Burnham-on-Crouch

15/12/2017

Visit to the Museum of Power

17/12/2017

Burnham-on-Crouch Town Council Civic Carol Service (Vice-Chairman)

18/12/2017

Delivery of Food Pantry Donations

18/12/2017

Visit to Maldon Fire Station

 

694.

Recommendation of Committees for Decision by the Council pdf icon PDF 116 KB

(i)              To consider the report of the Director of Resources (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 until Wednesday 13 December 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 reported to the last meeting and now published:

Minute Numbers

Joint Standards Committee

19 October

410 - 415

 

Minutes published:

 

Minute Numbers

North Western Area Planning Committee

30 October

416 – 427

South Eastern Area Planning Committee

6 November

445 - 454

Overview and Scrutiny Committee (acting as the Crime and Disorder Committee)

8 November

455 – 459

Central Area Planning Committee

15 November

460 – 463

Planning and Licensing Committee

16 November

464 – 472

Community Services Committee

21 November

473 - 481

North Western Area Planning Committee

27 November

488 - 493

 

 

Minutes NOT finalised for publication:

Overview and Scrutiny Committee

22 November

Finance and Corporate Services Committee *

28 November

South Eastern Area Planning Committee

4 December

Audit Committee

7 December

 

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

Additional documents:

Minutes:

(a)        REPORT OF THE CHIEF EXECUTIVE

 

The Council considered the report of the Chief Executive presenting recommendations of Committees to the Council. 

 

The Chairman drew Members’ attention to an addendum which had been circulated prior to the meeting.

 

Planning and Licensing Committee – 16 November 2017

 

Minute 590 - Taxi and Private Hire Criminal Convictions Policy, Licensing Conditions and Scheme of Delegation

 

Councillor Mrs P A Channer, Chairman of the Planning and Licensing Committee advised that in response to the last paragraph of this Minute, discussions between herself, the Council’s Legal Advisor and Environmental Health Officer had taken place and appropriate wording agreed.  She explained that in respect of the policy and conditions the Chief Executive in consultation with legal and herself would ensure that they were appropriately worded particularly in relation to the phrase ‘reasonable period’ along with cross referencing where necessary.

 

RESOLVED

 

(i)                  that the policy for the taxi and private hire trade in relation to the suitability of new applicants and current licence holders with criminal convictions be endorsed;

 

(ii)                that the licensing conditions and scheme of delegation be updated and changed to reflect the policy.

 

Minute 591 – Taxi and Private Hire Medical Exemption Policy

 

RESOLVED

 

(iii)               that the policy for the exemption of taxi and private hire drivers from the duties placed upon them by the Equality Act 2010 be endorsed;

 

(iv)              that the amendments to the taxi and private hire licensing conditions (as detailed below) be agreed.

 

‘The driver shall carry a disabled person’s dog (e.g. guide or hearing dogs) and allow it to remain with that person or, if a driver of a designated wheelchair accessible vehicle, wheelchair passengers, at no additional cost, as specified in sections 165 and 168 of the Equality Act 2010, unless exempted by the Council on medical grounds.’

 

Minute 594 – Brownfield Land Register

 

RESOLVED

 

(v)                That the publication of the Brownfield Land Register on the Council’s website be approved.

 

Minute 597 – Code of Good Practice and Guidance on the Conduct of Planning Matters

 

An addendum circulated at the meeting detailed a revision to recommendation (ii) which was agreed.

 

RESOLVED

 

(vi)              that the Code of Practice and Guidance on the Conduct of Planning Matters be endorsed and adopted as an annexe to the Constitution;

 

(vii)             that the changes to constitutional arrangements as set out below, be agreed.

 

Procedure Rule 13 – Voting

 

Add to (1) – If a Member has not been present at the meeting for the whole of the consideration of a planning application or related matter, or has not undergone fundamental induction training once such a programme has been introduced he/she shall not vote on the matter.

 

Minute 588 – Councillor Engagement in Pre-Application Discussions and Local Development Plan Discussions (Developer Meetings)

 

An addendum circulated at the meeting advised that this Minute, although shown as a resolved, should be a recommendation to the Council and Members were therefore being asked to consider it tonight.

 

In response to a question regarding the number of strategically  ...  view the full minutes text for item 694.

695.

Questions in accordance with Procedure Rule 6(3) of which notice has been given

Minutes:

There were none.

696.

Maldon District Design Guide - Adoption as Supplementary Planning Document pdf icon PDF 12 MB

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

Additional documents:

Minutes:

The Council considered the report of the Chief Executive presenting the Maldon District Design Guide (MDDG) for adoption as a Supplementary Planning Document.  It was noted that the final MDDG was available as a background paper to the report and Appendix 1 detailed the amendments and additional considered by the Planning and Licensing Committee at its meeting on 14 September 2017.

 

RESOLVED that the Maldon District Design Guide be adopted as a Supplementary Planning Document (SPD) to supplement Policy D1 Design Quality and Built Environment of the Local Development Plan (LDP).

697.

Committee Structure Review - Proposed Consequential Constitutional Changes pdf icon PDF 97 KB

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

Additional documents:

Minutes:

The Council considered the report of the Chief Executive seeking approval of a proposed consequential change to the Council’s constitutional documentation as a result of a decision taken by the Council at its last meeting.

 

It was noted that the decision to discontinue the Parish Trigger and replace it with a revised Member call-in facility impacted on the Terms of Reference of the Area Planning Committees and Appendix A to the report set out the proposed consequential changes.

 

In response to a question regarding a dedicated email address for Members call-in, the Leader of the Council advised that he would look into this.

 

RESOLVED that the proposed change to the Terms of Reference of the Area Planning Committees, be approved.

698.

Investigating and Disciplinary Panel pdf icon PDF 102 KB

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

Minutes:

The Council considered the report of the Chief Executive seeking Members’ approval of a revision to the constitutional arrangements for the Investigating and Disciplinary Panel in terms of its actual membership.

 

The report provided background information regarding the panel and its introduction following a recent change in the law.  The report sought a pool of Members (politically balanced) to serve on the panel, when required.

 

RESOLVED

 

(i)              That the update be noted and endorsed;

 

(i)              that the following pool of Members be appointed to the Investigating and Disciplinary Panel:

·             Councillors E L Bamford, B S Beale MBE, R G Boyce MBE,
Mrs P A Channer CC, P G L Elliott, Mrs B D Harker, M W Helm,
N R Pudney, D M Sismey and A K M St. Joseph

 

(ii)            that the following Independent Persons be invited to serve on the Investigating and Disciplinary Panel:

·             Mr N Hodson and Mr S Anthony

·             Reserve – Ms C Gosling

699.

Schedule of Meetings 2018 / 19 pdf icon PDF 109 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Resources presenting for approval the Schedule of Meetings for 2018 / 19 (attached as Appendix 1 to the report).

 

RESOLVED that the Schedule of Meetings for 2018 / 19 be approved.

700.

Questions to the Leader of the Council in accordance with Procedure Rule 1(3)(m)

Minutes:

There were none.

701.

Business by reason of special circumstances considered by the Chairman to be urgent

Minutes:

Councillor R P F Dewick proposed that under Procedure Rule 5(15) that procedure rules be suspended in order to discuss how future Minutes of Committee meetings were presented to the Council such as in Agenda Item 7.  This proposal was duly seconded and agreed.

 

RESOLVED that procedure rules be suspended.

702.

Receipt of Committee Minutes by the Council

Minutes:

Councillor R P F Dewick explained that in relation to the presentation of Committee Minutes to the Council, there appeared to be a significant amount of confusion and he did not think that the current way of presenting the Minutes worked. 

 

Councillor Dewick proposed that the Council return to the original (Minute book) system of presenting Committee Minutes to the Council, a simpler and easier system.  He suggested that an alternative way of presenting such Minutes could be investigated but in the meantime the Council should return to the original system.  This proposal was duly seconded by Councillor B E Harker who suggested that this apply to just the three programme Committees and Audit Committee.  Councillor Dewick agreed to amend his proposition accordingly.

 

Members debated the proposition and there was some discussion regarding paperless working and having a Working Group to look at alternative ways of presenting Minutes to the Council.

 

The Chairman put the proposal in the name of Councillor Dewick which upon a vote being taken was agreed.

 

RESOLVED that presentation of Committee Minutes return to the old Minute Book format but only Minutes from the Audit, Community Services, Finance & Corporate Services and Planning & Licensing Committees will be included in the Minute Book.