Agenda and minutes

EXTRAORDINARY, Council
Thursday 12th July 2018 7.30 pm

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

Contact: Committee Services 

Items
No. Item

257.

Chairman Announcements

Minutes:

The Chairman referred to the notices printed on the agenda.

258.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors J P F Archer, I E Dobson,
R P F Dewick, M F L Durham CC, B E Harker, J V Keyes, M R Pearlman,
N R Pudney and Miss S White.

259.

Disclosure 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 6-10 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 Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council and in particular Agenda Item 4 – FUL/MAL/18/00093 Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch and Agenda Item 5 Review of Significant Partnerships  along with any other reports referring to the County Council.

 

Councillor R Pratt disclosed a non-pecuniary interest as a Member of Essex County Council, specifically in relation to Agenda Item 4 – FUL/MAL/18/00093 Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch as the County Council was a consultee and Agenda Item 5 Review of Significant Partnerships.

260.

FUL/MAL/18/00093 - Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch pdf icon PDF 3 MB

To consider the planning application and recommendations of the Director of Planning Services (copy enclosed, Members’ Update to be circulated).

Minutes:

Application Number

FUL/MAL/18/00093

Location

Land between Chandlers and Creeksea Lane, Burnham-on-Crouch, Essex

Proposal

Variation of condition 18 on approved planning permission FUL/MAL/14/00356 (Application for full planning permission for 180 homes (including 20 bungalows), new vehicular accesses onto Maldon Road, the spine road through the development, green space, and associated infrastructure.  Outline planning permission with all matters reserved (except for access) is sought for a 50-60 bed care home, a nursery school, 3.4 hectares of B1, B2 and B8 with 0.65 hectares of allotments)

Applicant

David Wilson Homes Eastern Counties

Agent

Mr Ray Houghton

Target Decision Date

13 July 2018

Case Officer

Mark Woodger

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Previous Committee Decision

Major Application

 

Following the Officers’ presentation, Mr Houghton the applicant addressed the Committee.

 

Councillor A S Fluker drew Members’ attention to paragraph 7.4.1 of the report and how Members were unable to identify the location of persons who had made representation.  In response, the Chairman advised that this matter had been drawn to the attention of the Director of Planning and Regulatory Services who advised he would discuss the matter with the Council’s General Data Protections Regulations Officer and report back to Members.

 

In response to a question, the Principal Planner – Major Applications (Strategic Sites) advised Members that the table within the report which detailed the changes to the housing mix was incorrect and therefore provided Members with the correct figures in respect of this.  The Officer clarified that the previous scheme proposed 45 market dwellings and that is what was proposed in this scheme and therefore it was ground neutral.

 

In response to a question regarding the noise to dwellings adjacent to the site and the weight given to the Environmental Health Officer’s consultation, the Principal Planner – Major Applications (Strategic Sites) advised that Officers had undertaken discussions with Environmental Health, following receipt of their consultation response.  Members were advised that the approved permission included a condition regarding noise protection and this was also proposed for this application, should Members be mindful to approve it.  It was further noted that road noise did not form a statutory nuisance.

 

Councillor P G L Elliott, a Burnham-on-Crouch Ward Member, raised a number of concerns with the this application including how the layout would increase nuisance and density to the north of the site.  He recommended that the application be refused so that this factor could be addressed.

 

A debate ensued and a number of further concerns were discussed, these included noise, the proposed layout changes and the impact of the changes to the development ‘Chandlers’.  Reference was also made to the Burnham-on-Crouch Neighbourhood Plan.

 

Following further discussions, Councillor R G Boyce proposed that the application be approved.  This proposal was duly seconded.

 

The Principal Planner – Major Applications (Strategic Sites) provided the following information in response to questions raised by Members:

·                 Permitted development rights for roof lights, dormer windows etc. could be removed via a condition.

·                 An informative could be added requesting that  ...  view the full minutes text for item 260.

261.

Review of Significant Partnerships pdf icon PDF 109 KB

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

Additional documents:

Minutes:

The Council considered the report of the Chief Executive seeking Members’ endorsement to continue the Council’s involvement with current significant partnerships.

 

Appendix 1 to the report detailed the Council’s current significant partnerships and provided detailed information regarding each.  It was noted that a review of the significant partnerships had been undertaken to ensure risks to MDC were identified and where necessary mitigated.  The review also sought to confirm partnership objectives were being achieved, the governance of each partnership was sound and that Council Officer time was being used effectively.

 

It was noted that the Council’s Internal Auditors had recently undertaken an audit of the Council’s approach to managing partnership and the level of assurance for both the design and operational effectiveness of the current process of moderate given.

 

Councillor A S Fluker proposed that the recommendations as set out in report be agreed.  This proposal was duly seconded.

 

At this point Councillor Mrs P A Channer disclosed a non-pecuniary interest in this item of business as she was the Local Authorities representative on the Police and Crime Panel, referred to in the report, and which gave some funding to the Community Safety Partnership (CSP).

 

Councillor M S Heard disclosed a non-pecuniary interest in this item of business.  He queried the absence of the Police, Citizens Advice Bureau (CAB) and Job Centre as strategic partners.  In response the Chief Executive advised that the Police was picked up through the CSP and the CAB should be included on the list and she would seek to get this amended.  In respect of the Job Centre it was noted that this was not classified as a significant partnership.

 

In response to a question regarding the Procurement Hub and use of local businesses, the Director of Resources advised that the Procurement Hub followed the Council’s Contract Procedure Rules and there was an allowance to buy locally, but it was also important to comply with National and European requirements and retain value for money. 

 

RESOLVED

 

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

 

(ii)            That the Citizens Advice Bureau be added to the list of Strategic Partnerships;

 

(iii)          That Officers report back to the relevant Committee with further information on any of the significant partnership details in Appendix (as updated) to the report, as required.

262.

Burnham-on-Crouch Tourist Information Centre Provision Update pdf icon PDF 114 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Customers and Community seeking Members’ agreement to extend the trial of the Burnham-on-Crouch Tourist Information Centre (TIC) until the end of the financial year 2018 / 19.

 

The report provided background information on the decision to trial a TIC in Burnham-on-Crouch.  The Planning and Licensing Committee at its last meeting had considered a request to extend the trial but deferred the matter, seeking further information on service outputs including net income.  It was noted that due to the current lease expiring on 31 July 2018 deferring the decision to extend the trial until the next meeting of the Planning and Licensing Committee presented an operational challenge. 

 

Councillor Mrs P A Channer, Chairman of the Planning and Licensing Committee, commented that the report and information contained within the appendix sought to address the information requested by the Planning and Licensing Committee.  Councillor Mrs Channer proposed that the recommendation as set out in the report be agreed. 

 

In response to a comment it was noted that the figures detailed in the table to Appendix 1 were incorrect.

 

Councillor A S Fluker, in seconding the proposal of Councillor Mrs Channer, highlighted the opportunity available to make the Burnham-on-Crouch TIC cost neutral and requested that this be highlighted to the relevant Officers.

 

RESOLVED that an extension to the trial of the Burnham-on-Crouch Tourist Information Office until the end of the current financial year (March 2019), be agreed.

263.

Membership of Political Groups pdf icon PDF 93 KB

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

Minutes:

The Council considered the report of the Chief Executive updating Members on changes to the composition of Political Groups.

 

The following changes to the political balance of the Council were noted:

·               Councillor Mrs H E Elliott was no longer aligned with the Conservative Group and had now aligned with the Independent Group.

·               Councillor Miss M R Lewis was no longer aligned with the Conservative Group, although remained a Member of the Conservative Party.

 

Members were advised that this change did not trigger a review of the makeup of Committees to address changes in political balance.

 

The Chief Executive informed Members’ that this report was for noting and a matter of fact purely for Members’ information.

 

At this point Councillor Miss Lewis advised Members that she had left the Conservative Group but was still a Conservative and provided some further detail regarding this.

 

Councillor B S Beale, Leader of the Opposition, advised he was delighted to welcomed Councillor Mrs Elliott to the Independent Group and made further comment in respect of this.

 

RESOLVED that the contents of the report be noted.

264.

Provision of Advice Services from 2019 pdf icon PDF 117 KB

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

Minutes:

The Council considered the report of the Director of Customers and Community seeking Members’ approval to extend the existing Advice Services contract with Maldon Citizens Advice (MCA) for a further 12 months to 31 March 2020.

 

The report provided background information which led to MCA being awarded a three year contract for the provision of an Advice Services from April 2016.  It was noted that the contract had been successful and resulted in an improved service, with extended opening hours, a higher volume of customers receiving assistance and MCA securing increased levels of external funding. 

 

The current contract was due to expire in March 2019 and the intention was to recommission the service for a further three years.  Members were advised that due to budgetary pressures, the Future Model project work and the need to carefully review all areas of expenditure on discretionary services Officers were proposing that the contract be extended for 12 months during which time all areas of consideration would be investigated.  The report set out the advantages and risks in relation to this approach.

 

The Director of Customers and Community advised that the Community Services Committee would be reviewing the performance of the service at its next meeting.

 

Councillor A S Fluker proposed that recommendation (i) b) be amended to read “…Planning process and the transformation programme”.  This proposal was agreed.

 

RESOLVED

 

(i)              That the existing contract with Maldon Citizens Advice for the provision of an Advice Service be extended for a further 12 months (to 31 March 2020) subject to the following conditions:

a)           that the contract  extension will be on the same terms as the current contract;

b)          that any decision to fund an Advice Service, and the levels of funding will be considered by Members as part of the 2019-20 Strategic Financial Planning process and the transformation programme;

c)           that following the decisions at (b) above a report will be brought to a future meeting of the Community Services Committee to determine the details of a future procurement process, including the contract specification, timetable, and period of contract.

 

(ii)            That a procurement exemption for the value of £73,500 under Section 1 paragraph 3 of the Contracts Procedure Rules 2017, be agreed.