Agenda and minutes

Council
Thursday 8th November 2018 7.30 pm

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

Contact: Committee Services 

Items
No. Item

577.

Chairman's notices

Minutes:

The Chairman referred to the notices printed on the agenda.

578.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Miss A M Beale, Mrs H E Elliott, P G L Elliott, Miss M R Lewis and M R Pearlman.

579.

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 Pratt disclosed a non-pecuniary interest as a Member of Essex County Council who are a consultee on some matters.

 

Councillor M F L Durham disclosed a non-pecuniary interest as a Member of Essex County Council, particularly in relation to Agenda Item 12 – Update on Superfast Broadband.

 

Councillor Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council for the reasons as detailed by Councillors Durham and Pratt.

580.

Minutes - 13 September 2018 pdf icon PDF 143 KB

To confirm the Minutes of the Council meeting held on 13 September 2018 (copy enclosed).

Minutes:

RESOLVED

 

(i)              that the Minutes of the Council meeting held on 13 September 2018 be received;

 

Minute 431 – Fees and Charges in Promenade Park

 

It was noted that within this Minute and its resolution reference to ‘Mutual Society Act 1962’ should refer to 1952. 

 

RESOLVED

 

(ii)            that subject to the above amendments, the Minutes of the Council meeting held on 13 September 2018 be adopted.

581.

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.

582.

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.

 

18/09/2018

Crucial Crew, Stow Maries Great War Aerodrome

20/09/2018

Licensing Services of Rev. Sue Godsmark, St Peter's Church, Great Totham

27/09/2018

Funeral of former Cllr Nigel Butt

29/09/2018

Burnham-on-Crouch Carnival Queen's Tea

05/10/2018

North Maldon Business Breakfast

04/10/2018

Ben Cobey Avenue - Official Naming Ceremony

05/10/2018

Chairman’s North Maldon District Business Breakfast

08/10/2018

Jack Petchey Foundation Awards Evening, Chelmsford

14/10/2018

High Sheriff Justice Service, Chelmsford Cathedral

17/10/2018

Visit to Maldon Men’s Shed

31/10/2018

Chelmsford Civic Lunch and tour of Hylands House

06/11/2018

Maldon District Conservation and Design Awards

 

The Chairman advised of a presentation to be made to Tolleshunt D’Arcy Parish Council and introduced Councillor Peter Davey, Chairman of the Local Council Awards Accreditation Panel.  Councillor Davey provided Members with some detail of the Local Council Award Scheme which was created by the Improvement and Development Board in 2014 to celebrate the successes of the very best local councils and to provide a framework to support all local councils to meet their full potential.  He advised that Tolleshunt D’Arcy Parish Council had achieved the Foundation Award and Councillor Davey acknowledged the work of the Parish Clerk and its Councillors in achieving this.  The Chairman of the Council then presented representatives of Tolleshunt D’Arcy Parish Council with their accreditation.

 

Following this the Chairman made reference to Agenda Item 11 on the agenda detailing arrangements to mark the 100th anniversary of the First World War.  The Council had been working to deliver a number of projects to commemorate that war, including the installation of steel soldier silhouettes at the Hythe Quay and Riverside & Promenade Parks.  Timber figures had also been provided to all Parish and Town Councils in the district and had become a prominent focus of remembrance.  Officers were delivering these projects along with the Danger Tree exhibition and a remembrance service due to take place within the Promenade Park.  The Chairman gave special thanks to Mr Nigel Harmer who conceived the idea of the steel soldiers and the replicas, brought the Danger Tree exhibition to the District and made a huge contribution to all the planned activities.  The Chairman then presented Mr Harmer with a small gift in appreciation of his dedication in remembering all those who lost their life in the War.  At this time the Chairman reported that the Council had been recognised for its contribution to the commemoration of the centenary of the end of the First World War.  The Council had been sent a certificate by Her Majesty’s Pageant Master and the Chairman displayed this for all present to see.  In response to his presentation, Mr Harmer thanked the Chairman and Members for the recognition and referred to the support he had received from other Officers allowing him to assist with these celebrations.

 

The Chairman reminded Members of the Civic Carol Service taking place on 14 December 2018 and  ...  view the full minutes text for item 582.

583.

Minute Book pdf icon PDF 6 MB

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.

 

Planning and Licensing Committee*............................................... 6 September 2018

 

·                 Minute 399 – Review of Street Collections Policy

 

·                 Minute 400 - Licensing Act 2003: Draft Statement of Policy and Consultation

 

·                 Minute 401 - Gambling Act 2005: Draft Statement of Policy and Consultation

 

·                 Minute 402 - Maldon District Vehicle Parking Standards Supplementary Planning Document

 

·                 Minute 404 – Maldon District Affordable Housing and Viability Supplementary Planning Document

 

·                 Minute 407 – Essex Planning Officers Association

 

·                 Minute 408 – Maldon District Statement of Community Involvement

Finance and Corporate Services Committee*................................ 25 September 2018

 

·                 Minute 458 – Superfast Broadband in Maldon District

Audit Committee............................................................................ 27 September 2018

 

 

Additional documents:

Minutes:

(a)       MINUTES OF PLANNING AND LICENSING COMMITTEE
– 6 SEPTEMBER 2018

 

Minute 399 – Review of Street Collections Policy

 

RESOLVED

 

(i)              that the revised Street Collections Policy, attached at Appendix 1 to the Minutes of the Planning and Licensing Committee, be adopted.

 

Minute 400 – Licensing Act 2003: Draft Statement of Policy and Consultations

 

RESOLVED

 

(ii)            that the revised Statement of Licensing Policy, attached at Appendix 2 to the Minutes of the Planning and Licensing Committee, be adopted, effective from January 2019.

 

Minute 401 – Gambling Act 2003: Draft Statement of Policy and Consultations

 

RESOLVED

 

(iii)          that the revised Statement of Gambling Policy, attached at Appendix 3 to the Minutes of the Planning and Licensing Committee, be adopted, published in December 2019 and effective from January 2019.

 

Minute 402 – Maldon District Vehicle Parking Standards Supplementary Planning Document

 

Councillor S J Savage advised that his interest detailed under this Minute should be a ‘non-pecuniary’ interest.  This amendment was noted.

 

RESOLVED

 

(iv)          that the final Maldon District Vehicle Parking Standards Supplementary Planning Document (attached at Appendix 4 to the Minutes of the Planning and Licensing Committee), be adopted.

 

Minute 404 – Maldon District Affordable Housing and Viability Supplementary Planning Document

 

RESOLVED

 

(v)            that the Maldon District Affordable Housing and Viability Supplementary Planning Document (attached at Appendix 5 to the Minutes of the Planning and Licensing Committee), be adopted.

 

Minute 407 – Essex Planning Officers Association

 

RESOLVED

 

(vi)          that the following Essex Planning Officers Association (EPOA) documents are supported and endorsed:

·             Guidance Note: Mechanism for Consideration of Unmet Housing Need (2017), attached as at Appendix 6 to the Minutes of the Planning and Licensing Committee);

·             Greater Essex Planning Protocol (2018), attached as at Appendix 7 to the Minutes of the Planning and Licensing Committee).

 

Minute 408 – Maldon District Statement of Community Involvement

 

RESOLVED

 

(vii)        that the final Statement of Community Involvement attached at Appendix 8 to the Minutes of the Planning and Licensing Committee, be adopted.

 

RESOLVED

 

(viii)      that subject to the above amendment and decisions, the Minutes of the meeting of the Planning and Licensing Committee held on 6 September 2018 be adopted.

 

(b)       MINUTES OF FINANCE AND CORPORATE SERVICES COMMITTEE
– 25 SEPTEMBER 2018

 

Councillor D M Sismey proposed that the Minutes be adopted with the exception of Minute 458 – Superfast Broadband in Maldon District as this would be considered later on the agenda and as part of Agenda Item 12 – Update on Superfast Broadband.  This was agreed.

 

RESOLVED that with the exception of Minute 458 – Superfast Broadband in Maldon District, the Minutes of the meeting of the Finance and Licensing Committee held on 25 September 2018 be adopted.

 

(c)       MINUTES OF AUDIT COMMITTEE – 27 SEPTEMBER 2018

 

RESOLVED that the Minutes of the meeting of the Audit Committee held on 27 September 2018 be adopted.

584.

Minutes of Meetings of Committees

To note that since the last Council, up until Wednesday 31 October 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:

 

North Western Area Planning Committee

3 September 2018

South Eastern Area Planning Committee

10 September

Central Area Planning Committee

19 September

North Western Area Planning Committee

1 October

Overview and Scrutiny Committee

3 October

South Eastern Area Planning Committee

8 October

 

Minutes NOT finalised for publication:

 

Central Area Planning Committee

17 October

Appointments Committee

23 October (pm)

24 October (08:45)

24 October (10:00)

24 October (13:15)

26 October

North Western Area Planning Committee

29 October

Appointments Committee

31 October (08:45)

31 October (12:00)

31 October (15:00)

 

 

Minutes:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 5 September 2018 for which Minutes had been published.

585.

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

Minutes:

There were none.

586.

Corporate Enforcement Policy pdf icon PDF 93 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance seeking Members’ adoption of the Corporate Enforcement Policy, attached as Appendix 1 to the report.

 

The report outlined the responsibilities the Council had to enforce a range of legislation.  The Corporate Enforcement Policy, once adopted, would act as the overarching policy encompassing the key factors and principles common to all aspects of enforcement undertaken by the Council.

 

Councillor A S Fluker proposed that the Policy be adopted.  This was duly seconded and agreed.

 

RESOLVED that the Corporate Enforcement Policy be adopted.

587.

Battle's Over - 100 Years of Remembrance pdf icon PDF 102 KB

To receive and note the report of the Director of Service Delivery (copy enclosed).

Minutes:

The Council considered the report of the Director of Service Delivery, updating Members on arrangements to mark the 100th anniversary of the end of the First World War. 

 

On 11 November 2018 the National would pay tribute to those fallen in war and this year also marked the 100th anniversary of the end of the First World War.  The report set out the work undertaken by a small project team to pay respectful tribute, Members were advised that the tributes included:

 

·                 Soldier silhouettes – Metal silhouettes were unveiled at the Hythe Quay and Riverside & Promenade Parks.  In addition, timber copies were supplied to all Town and Parish Councils within the District along with some other key partners.  The work undertaken by Mr Nigel Harmer, Mr Steve Krolzig and the Caretaking team in the preparation and distribution of the silhouettes was noted.

 

·                 Promenade Park ‘Battle’s Over’ tribute – A public event was being held at Promenade Park, during which local stories of wartime Maldon would be shared and a beacon lit as part of a nationwide chain.

 

·                 Danger Tree exhibition – This was an exhibition by impressionist action painter Scarlett Raven and digital artist Marc Marot, using technology to tell the story of the soldiers who fought and fell between 1914 and 1918.  The exhibition also included a specially created piece about Ben Cobey, a local solider from Maldon.  The District was one of only nine venues chosen to show this exhibition.

 

·                 Ben Cobey – A road on the Linden Homes development in South Maldon was officially named by the Chairman of the Council  as Ben Cobey Avenue in memory of this fallen solider..

 

The Leader of the Council presented the report and paid tribute to the team of Council Offices who had done a magnificent job on this project and he extended the thanks to them from all Members.

 

RESOLVED

 

(i)              that the significant work undertaken by the Council’s Project Team that developed the Maldon District Council’s tribute to the anniversary of World War I be noted;

 

(ii)            that Council formally recognises the contribution made by Mr Nigel Harmer for his design and implementation of the First World War soldier silhouette.  This has been adopted by Town and Parish Councils throughout the Maldon District. 

 

588.

Update on Superfast Broadband pdf icon PDF 182 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance, presenting the recommendation of the Finance and Corporate Services Committee for consideration and additional information submitted by Essex County Council.

 

Members were advised that at its meeting on 25 September 2018 and following consideration of a report on Superfast Broadband in the Maldon District (attached as Appendix A) the Finance and Corporate Services Committee had recommended to the Council that:

 

the Council’s contribution of £45,000 over three years to contribute to the delivery of Phase 2a of the Superfast Essex Broadband Programme in the Maldon District be withdrawn.

 

Since consideration by the Finance and Corporate Services Committee, Essex County Council (ECC) had provided additional information to clarify the current position with the rollout of the Superfast Broadband programme in the Maldon District.  This information was attached as Appendix B to the report. 

 

Following a request by Maldon District Council Officers, ECC had submitted a draft Service Level Agreement (SLA) relating to the delivery of the programme in the Maldon District, based on the £45,000 funding agreed in 2016.  This was attached at Appendix C to the report.

 

The Director of Strategy, Performance and Governance outlined the report and highlighted a number of key points, including:

 

·                 Phase 2 of the project was scheduled to deliver 5,317 properties (a greater number than originally predicted in 2016) and of those 3,064 had been delivered, 539 were in delivery and 1,314 were yet to be started but would be delivered by December 2019.

 

·                 If Maldon District Council was to withdraw its £45,000 funding 931 of the remaining properties would be removed from the contract.

 

A debate ensued, during which a number of Members expressed concern at the recommendation of the Finance and Corporate Services Committee (F&CS) requesting that the Council remove its funding.  Specific concerns related to how:

 

·                 removal of 931 properties from the contract (should the Council agree the recommendation of the F&CS) would affect homes within the District, with specific reference made to Mayland, Steeple, Southminster, Tillingham, Woodham Walter, Woodham Mortimer and Langford.

 

·                 the Council’s contribution of £45,000 (originally negotiated down from £90,000) would release further funding from Central Government, which together would contribute towards funding the continued rollout of Phase 2 in the Maldon District.

 

Councillor D M Sismey, Chairman of the Finance and Corporate Services Committee provided Members with some background information which led to the unanimous recommendation from the F&CS.  He reported on the engagement with the County Council that had taken place since the F&CS meeting and how additional premises had been added and commitments confirmed.

 

Councillor Sismey then proposed that:

 

i)         the Council agrees to a contribution of £45,000 to fund faster rollout of superfast broadband by Essex County Council but subject to:

 

a)    the delivery of superfast broadband availability by ?31 December 2019 to all premises notified to Maldon District Council (MDC) by Essex County Council in recent communications

 

b)    Maldon District reaching the 94% coverage  ...  view the full minutes text for item 588.

589.

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

Minutes:

Councillor S J Savage, referring to the last item of business, asked the Leader of the Council a question but was advised by the Chairman that he could not raise a question about something which the Council had just discussed.  Councillor Savage then asked if the Leader of the Council would agree with him that the same amount of money to this commercial company should go to grant funding of our organisations and charities within the district.  The Leader of the Council responded no.

 

Councillor B S Beale asked the Leader of the Council if he would agree that it would be good value if the Council managed to improve the mobile signal on the Dengie and other areas of Maldon where it was low on signal.  In response the Leader of the Council advised that he had already put into traction possible meetings with airtime providers and that this was a problem he was very much aware of.

 

Councillor Mrs P A Channer asked if the Leader of the Council would be happy and prepared to attend meetings of her Parish Council, when he was available, during the public session to discuss or speak with them about some matters they may be interested in regarding Maldon District Council.  In response, the Leader advised that he would be more than happy to attend any Parish Council meetings and talk to them.

590.

Exclusion of the 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.

591.

Full Council Transformation: Gateway Review

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

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance presenting the first quarterly gateway review of the Full Council Transformation Programme, as agreed by the Council on 9 August 2018.  The report also sought to assure the Council of the governance arrangements in place for the programme and the oversight given by the Council’s Transformation board and Officer led Programme Delivery Board.

 

It was noted that further gateway reviews were scheduled for January, April, July and October 2019.

 

The Council’s Medium Term Financial Strategy was set out in the report along with the forecast savings to be achieved through delivery of the Future Model.

 

The report provided a detailed update in respect of the following areas of the Transformation programme:

 

·                 Work streams – Delivery of the programme had been split into seven work streams which were detailed in the report along with their proposed timescales.

 

·                 Transformation Board – The Transformation Board approved governance structure and terms of reference were attached as Appendix 1 to the report and the latest Transformation Board report was attached at Appendix 2.  An update to Appendix 2 was circulated prior to the meeting.  It was noted that an equalities impact assessment had been carried out and this was attached as Appendix 3 to the report.

 

The Council was advised that to date progress was on track with all programme staff, governance arrangements and monitoring arrangements in place and that the recruitment process for Phase 1 was underway.

 

RESOLVED that the contents of the report and Members’ Update be noted.