Agenda and minutes

Council
Thursday 28th June 2018 7.30 pm

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

Contact: Committee Services 

Items
No. Item

218.

Chairman's notices

Minutes:

The Chairman referred to the notices printed on the agenda.

219.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors A T Cain, I E Dobson, M S Heard, Miss M R Lewis, M R Pearlman, N R Pudney and Mrs N G F Shaughnessy.

220.

Declaration 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 R G Boyce disclosed an interest in Agenda Item 15 – Anglian Ruskin University’s Build Factory: Proposal for Adoption as a Corporate Project to Support Community Led Housing as he is a Member of the Henry Gilder Almshouse Charity.

 

Councillor R Pratt disclosed non-pecuniary interests as a Member of Essex County Council and Agenda Item 15 as he is a trustee of an Almshouse Trust.

 

Councillor S J Savage disclosed a non-pecuniary interest in Agenda Item 15 as he is a trustee of a housing trust.

 

Councillor Mrs P A Channer disclosed non-pecuniary interests as a Member of Essex County Council and Agenda Item 15 as she is a trustee of an Almshouse Trust.

 

Councillor M W Helm disclosed a non-pecuniary interest in Agenda Item 15 as a member of Henry Gilder Almshouse Charity.

 

Councillor D M Sismey disclosed a pecuniary interest in Agenda Item 9 – Minute Book (and particularly Minute 176 Annual Treasury Outturn 2017 / 18) as he is a Managing Director of Goldman Sachs.

 

Councillor M F L Durham disclosed a non-pecuniary interest as a Member of Essex County Council.

221.

Minutes - 10 May 2018 pdf icon PDF 317 KB

To confirm the Minutes of the Statutory Annual meeting of the Council held on Thursday 10 May 2018 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the Statutory Annual meeting of the Council held on 10 May 2018 be adopted.

222.

Minutes - 17 May 2018 pdf icon PDF 101 KB

To confirm the Minutes of the extraordinary meeting of the Council held on Thursday 17 May 2018 (copy enclosed).

Minutes:

RESOLVED

 

(i)              That the Minutes of the extraordinary Council meeting held on 17 May 2018 be received.

 

Minue No. 67 – Apologies for Absence

Councillor Miss A M Beale advised that her apologies for absence had not been recorded.

 

RESOLVED

 

(ii)            That subject to the above amendment, the Minutes of the extraordinary Council meeting held on 17 May 2018, be adopted.

223.

Minutes - 7 June 2018 pdf icon PDF 74 KB

To confirm the Minutes of the extraordinary meeting of the Council held on Thursday 7 June 2018 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 7 June 2018, be received and adopted.

224.

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.

225.

Chairman's Announcements

Minutes:

The Chairman advised that he had attended a number of events (detailed below), and thanked the Vice-Chairman for also attending some events on his behalf. 

 

13/05/2018

Castle Point Borough Council Civic Service St Nicholas Church (Vice-Chairman)

14/05/2018

Annual Town Council Meeting and Mayor Making (Vice-Chairman)

22/05/2018

Visit to Purleigh Surgery

22/05/2018

Visit to E J Taylor

25/05/2018

Launch of the Maldon Saltmarsh Hub and Close of Dengie Gateway Project, Prom Park

26/05/2018

Car Rally on the Little Common, Little Totham

02/06/2018

Presentation of Medals at Volfest

04/06/2018

Visit to Dengie Crops

05/06/2018

Royal Garden Party

14/12/2018

Visit to D W Clark

15/06/2018

Cream Teas in aid of Essex Air Ambulance

24/06/2018

Chelmsford Annual Civic Service

27/06/2018

Visit to Blackman and White, Heybridge

27/06/2018

Visit to Carrs Flour

27/06/2018

Visit to the Maldon and East Essex District Scout Council

 

226.

Minute Book pdf icon PDF 112 KB

To consider the Minutes of the under mentioned Committees (copy enclosed).

 

* Please note that where Minutes contain recommendations to the Council the Minute references for these recommendations are listed below for Members’ information.

 

Community Services Committee

22 May 2018

 

Planning and Licensing Committee *

5 June 2018

 

Overview and Scrutiny Committee (copy to be circulated)

6 June 2018

 

Finance and Corporate Services Committee *

12 June 2018

·             Chief Executive’s Performance Appraisal

·             Human Resources Policies and Procedures

·             Annual Treasury Outturn 2017 / 18

·             Proposals to Change to Office Opening Time to Public

 

 

Additional documents:

Minutes:

(a)       MINUTES OF COMMUNITY SERVICES COMMITTEE – 22 MAY 2018

 

RESOLVED that the Minutes of the meeting of the Community Services Committee held on 22 May 2018 be adopted.

 

(b)       MINUTE OF PLANNING AND LICENSING COMMITTEE – 5 JUNE 2018

 

Minute 131 – Committee Terms of Reference and Scheme of Delegation

 

RESOLVED

 

(i)             that the designation of Officers in the Scheme of Delegation for the Licensing function of the Planning and Licensing Committee (as set out in Appendix 1 to the Minutes of the Planning and Licensing Committee) be agreed.

 

RESOLVED that subject to the above decision, the Minutes of the meeting of the Planning and Licensing Committee held on 5 June 2018 be adopted.

 

(c)       MINUTE OF OVERVIEW AND SCRUTINY COMMITTEE – 6 JUNE 2018

 

Minute 144 – Moorings, Leases and Licences Update

Councillor Mrs P A Channer questioned whether the Overview and Scrutiny Committee could make resolution (ii) as set out in the Minutes.  She felt it should be a recommendation to a parent Committee recommending that the Director of Planning and Regulatory Services be asked to look into the matter.  This was supported by other Members of the Council.

 

Councillor M W Helm proposed that recommendation (ii) of this Minute be reworded “that the Planning and Licensing Committee be recommended to request that the Director of Planning and Regulatory Services look into increasing the interest in using the Blackwater and Crouch Rivers”.  This proposal was duly seconded and agreed.

 

Minute 147 – Office Accommodation and Lease

Councillor Helm proposed an amendment to the second paragraph of this report so that it read “…interest as he worked at the police station and did not return.”.  This proposal was duly seconded and agreed.

 

RESOLVED that subject to the above amendments, the Minutes of the meeting of the Overview and Scrutiny Committee held on 6 June 2018 be adopted.

 

(d)       MINUTES OF FINANCE AND CORPORATE SERVICES COMMITTEE – 12 JUNE 2018

 

Minute 170 Chief Executive’s Performance Appraisal

 

RESOLVED that the procedure rules be updated to set out the requirements (a) to (e), as detailed in section 3.8 of the report with the following amendments and additions:

·                 that point (c) be amended as follows:

·             The appraisal will take place soon after the Statutory Annual meeting of the Council and before 30 June.

·                 that point (e) be amended as follows:

·             Performance reviews against the agreed objectives will be undertaken at least every four months and an end of year review be undertaken prior to the Statutory Annual meeting of the Council.

·                 that the Director of Resources or an appropriate appointment of theirs in the HR department is required to:

·             objectively ensure that the process for the Chief Executive’s appraisal is followed

·             report to the following meeting of the Finance and Corporate Services Committee immediately after the June deadline that the process has been followed and the appraisal has taken place.

 

Minute 173 – Human Resources Policies and Procedures

 

RESOLVED that the following two sections be added to the Code  ...  view the full minutes text for item 226.

227.

Minutes of Meetings of Committees

To note that since the last meeting of the Council, up until Wednesday 20 June 2018 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

 

Minutes published:

Appointments Committee

3 May 2018

Finance and Corporate Services Committee (special)

10 May 2018

Community Services Committee (special)

10 May 2018

Planning and Licensing Committee (special)

10 May 2018

Overview and Scrutiny Committee (special)

10 May 2018

Audit Committee (special)

10 May 2018

Investigating and Disciplinary Committee (special)

10 May 2018

Central Area Planning Committee (special)

10 May 2018

North Western Area Planning Committee (special)

10 May 2018

South Eastern Area Planning Committee (special)

10 May 2018

North Western Area Planning Committee

14 May 2018

South Eastern Area Planning Committee

21 May 2018

Central Area Planning Committee

30 May 2018

 

Minutes NOT finalised for publication:

North Western Area Planning Committee

11 June 2018

South Eastern Area Planning Committee

18 June 2018

 

 

Minutes:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 20 June 2018 for which Minutes had been published.

228.

Statement of the Leader of the Council

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

Minutes:

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:

·                 Local Design Guide – He commented how the Council had recently won an award for this, its importance to the District and the tremendous work done by officers.

·                 Flood Mitigation – Councillor Beale felt that the word ‘hopefully’ should be added in respect of flood mitigation as the Council was working to maximise and secure funding but it was not guaranteed.

·                 Planning Control – Particularly referencing backlog in relation to enforcement work.

·                 Reduction in Rate Support Grant – He felt that the Council should explain to its electorate highlighting how this would impact them and potentially Council Tax rates.

·                 Ignite – Councillor referred to the Future Model Project and particularly the consultants Ignite who were working with the Council on this project.

 

Councillor Beale concluded making reference to the effectiveness of the Council

 

The Leader of the Council, in response, advised that the Rate Support Grant was being abolished not reduced and how what the Council offers its residents was extremely good value for money.  The Council was working with Ignite to maintain services in order to try and keep taxes as low as possible but there would be changes to the way that the Council carried out its business and the staffing structure of the authority.

 

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

229.

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

Minutes:

There were none.

230.

Review of Performance 2017 / 18 pdf icon PDF 141 KB

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

Additional documents:

Minutes:

The Council considered the report of the Chief Executive supplying Members with details of the Council’s performance against targets set for 2017 / 18 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 2017 / 18. 

 

RESOLVED that the contents of report and appendix be noted.

231.

Committee Terms of Reference and Scheme of Delegation Update pdf icon PDF 126 KB

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

Additional documents:

Minutes:

The Council considered the report of the Director of Planning and Regulatory Services, seeking Members approval of a change to the Scheme of Delegation in relation to the ability for elected members to call an application into the Area Planning Committees.  The proposed change related to Annexe A of the Area Planning Committee Terms of Reference and a copy of this was attached as Appendix 1 to the report.

 

The report provided background information and highlighted a recent issue regarding the opportunity for Members to ‘call in’ a planning application when there is an amendment to the original application.  It was noted that the proposed changes to the scheme of delegation would, when significant amendments were proposed, allow for an application to be ‘called in’ much later in the determination process than currently was the case.

 

Councillor A S Fluker proposed that recommendation (i) as set out in the report be agreed.  This was duly seconded and agreed.

 

RESOLVED that paragraph (iii) of Annexe A to the Terms of Reference of the Area Planning Committees be amended, as set out below:

 

(iii)      Requests must be made in writing to the dedicated email address – and within 28 days of the date an application appears on a published Weekly List produced by Planning Services.  When an application is amended, and the parish or town council is re-consulted, requests can be made in writing to the dedicated email address provided it is within the consultation period provided to the parish or town council.

232.

Anglian Ruskin University's Build Factory: Proposal for Adoption as a Corporate Project to Support Community Led Housing pdf icon PDF 104 KB

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

Additional documents:

Minutes:

The Council considered the report of the Director of Planning and Regulatory Services informing Members of Anglia Ruskin University’s Build Factory project and the potential for working in collaboration to support local community led housing projects.  The report also provided a wider update on current Community Led Housing Schemes (attached as Appendix 1 to the report).

 

The report set out the ‘Build Factory’ project which sought to support innovation and community engagement in construction.  The project also sought to combine the skills with local trades and businesses to bring forward development in a more cooperative way, providing homes that were more affordable and meet local need such as affordable home to rent for young people, almshouses or supporting housing for older people. 

 

Members were advised that formal support from the Council would offer a number of benefits which were set out in the report.  It was noted that this sharing of knowledge and skills would also be helpful for other partners such as the Rural Community Council of Essex (RCCE) who were working with the Council on developing a more effective, strategic approach to supporting local communities access and meet local housing need.

 

In response to a question regarding the uplift in profit, the Strategic Housing Manager advised that the University would be looking at working in a cooperative way and contractors would be equal partners with the contract.  Any uplift would be shared across partnerships.

 

RESOLVED

 

(i)              that the Council’s Strategic Housing Service and Anglia Ruskin University provide mutual support in developing the Build Factory approach to supporting a Community Led Housing project in the District; and

 

(ii)            this Anglia Ruskin University’s Build Factory project be adopted as a corporate project with progress reported regularly to future meetings of the Strategic Housing Board and also made available to all Members.

233.

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

Minutes:

At this point in the meeting the Chairman referred to Mr Paul Gayler, Strategic Housing Manager, who was leaving the Council and congratulated him for his work and the expertise he had provided to Members.  On behalf of all Members the Chairman wished him well for the future.  On behalf of all Members the Chairman presented with a small gift and wished him well for the future. 

234.

Exclusion of Public and Press

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

Minutes:

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

235.

Adjournment of the Meeting

Minutes:

RESOLVED that the meeting be adjourned at 8:23pm.

236.

Resumption of business in closed session

Minutes:

RESOLVED that the meeting resumed in closed session at 8:27pm.

237.

Council Structure Report

To consider the report of the Leader of the Council, (copy to follow).

Minutes:

The Council considered the report of the Leader of the Council seeking Members’ confirmation of the new Corporate Leadership Team (CLT) structure of the Council and the timings and implications of transitioning to this structure as part of the agreed transformation pathway.

 

The Chairman advised Members of some minor amendments to the report.

 

The report set out the current role of the CLT, statutory roles and how any proposed new structure would need to effectively lead the Council both through transformation and once completed through the Future Model programme.  Appendix 1 to the report set out two options for consideration and the pros and cons of these were explored within the report.

 

It was noted that a number of councils had implemented significant changes to their CLT structure in recent years either as part of a wider transformation or as a standalone restructure.  A summary of these were set out in the report and Appendix 2 provided a list of relevant papers.

 

Councillor M F L Durham proposed that the Council agreed Option (a) as set out in the report.  This proposal was duly seconded.

 

In accordance with Procedure Rule No. 13 (3) Councillor B S Beale requested a recorded vote.  In response to some questions, the Senior Solicitor and Interim Monitoring Officer provided the Council with some advice in respect of recorded votes.  The proposal for a recorded vote was duly seconded.

 

For the recommendation:

Councillors Mrs B F Acevedo, J P F Archer, E L Bamford, Miss A M Beale,
B S Beale, Mrs P A Channer, R P F Dewick, M F L Durham, A S Fluker,
Mrs B D Harker, B E Harker, M W Helm, J V Keyes, R Pratt, S J Savage,
Rev. A E J Shrimpton, D M Sismey, A K M St. Joseph, Mrs M E Thompson and
Miss S White.

 

Against the recommendation:

Councillor Mrs H E Elliott

 

Abstentions:

Councillors H M Bass, R G Boyce and P G L Elliott.

 

RESOLVED

 

(i)              that the contents of the report be noted;

 

(ii)            that the Council agrees to progress with Option (a) as set out in the report;

 

(iii)          that the Council agrees to immediately progress with consultation and then selection and implementation of this new structure (following the approach recommended by the Group Manager - People, Performance and Policy, as  detailed in Section 3.5 of the report).

Appendix 1 pdf icon PDF 62 KB