Agenda and minutes

The Chairman referred to the list of notices on the agenda.

An apology for absence was received from Councillor K M H Lagan.

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).

Councillor Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council and any matters related to that Authority.  She particularly referenced the following Agenda Items:

·                 11 – Parish of Heybridge – Basin Ward – Community Governance Review

·                 12 – Air Quality Management (AQMA) on Market Hill, Maldon and Air Quality Management Plan (AQMP) Process

·                 13 – Bradwell Power Station Working Groups

·                 16 – Plume Educational Trust – Replacement Representative, advising that she sat on this Trust as a representative of Essex County Council.

Councillor M R Edwards declared a non-pecuniary interest in Agenda Item 11 – Parish of Heybridge – Basin Ward – Community Governance Review as he was a member of Heybridge Parish Council.

Councillor M F L Durham declared a non-pecuniary interest on the same basis as Councillor Mrs Channer

Councillor B E Harker declared a non-pecuniary interest in Agenda Item 11 Parish of Heybridge – Basin Ward – Community Governance Review as he had attended a number of Heybridge Basin Steering Group meetings.

Councillor C Morris declared a non-pecuniary interest in Agenda Item 11 – Parish of Heybridge – Basin Ward – Community Governance Review as he was a member of Heybridge Parish Council.

To confirm the Minutes of the extraordinary Council meeting held on 25 July 2019 (copy enclosed).

RESOLVED that the Minutes of the Council held on 25 July 2019 be agreed.

To confirm the Minutes of the extraordinary Council meeting held on 29 August 2019 (copy enclosed).

RESOLVED

(i)              That the Minutes of the Council held on 29 August 2019 be received.

Minute 2 – Apologies for Absence

The Chairman advised that Councillor Mrs J L Fleming had given her apologies for this meeting but these were not recorded.

RESOLVED

(ii)            That subject to the above amendment, the Minutes of the Council held on 29 August 2019 be approved.

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).

In accordance with Procedure Rule 1(3)(e) and the Council’s Public Question Time and Participation at Council and Committee Meetings Scheme, the Chairman of the Council referred to two questions from Mr Tom Kelly of which prior notification had been given.  A copy of the questions and the prepared response from the Leader of the Council was circulated prior to the meeting.

Mr Kelly was in attendance at the meeting and read out his questions, set out below along with the responses from the Leader of the Council.

Question One:

“As a member of the Barracudas Swimming Club for the Disabled, may I ask as to exactly when the 100 + members can expect the deficiencies currently experienced at Blackwater Leisure Centre, from a Health and Safety aspect in particular, are to be remedied, bearing in mind that the Club activities assist members' health, and reduced demand on both the NHS and Social Services?

1.         Replacement of the 'one armed' poolside shower chair (Transports users to shower facilities etc etc)

2          Poolside rail by the steps requires extending to assist getting out of Pool (There is a gap making things difficult)

3          16 Months + waiting for the larger changing room with wheelchair access to be completed--Doorways too narrow to allow wheelchair access.”

Response:

1          Places Leisure have been assisting the Barracuda’s Club with replacement options for their wet chair.  In view of recent comments Places Leisure have directly funded a chair that will be received on site towards the end of September 2019.  Places Leisure will continue to support the Barracudas Club in replacing the chair and as such having a second option for future use on site.

2          Places Leisure where made aware of this request on 6 September 2019 for the first time and as such will be reviewing this with the Council, as facility owners, through the Partnership agreement.

3          Places Leisure have provided layout and designs to both the Council and the Barracudas Club and await final agreement for funding, prior to commencement of works.

Question Two:

What steps have been taken, in conjunction with NHS England, Govt Depts, local NHS organisations, and Developers to ensure that 'Infrastructure Issues; are resolved prior to further housing development, permissions, bearing in mind that the failure to obtain a new Community Hospital under section 106 policies, and the fiasco of lack of a new Electrical sub -station for the Limebrook Way development within Planning Conditions?”

Response:

The Council will continue to ensure that planning applications for new housing are in accordance with the Council’s adopted policies.  This includes ensuring that any detrimental impacts on infrastructure are mitigated through both Section106 contributions and the imposition of relevant planning conditions.

The Chairman congratulated Councillor Miss White on her recent wedding.

The Chairman advised that he had attended a number of events (detailed below) and thanked the Vice-Chairman for attending some events on his behalf.  He made particular reference to the Queens Award for Volunteering Ceremony he attended at Stow Maries Aerodrome and commented on the magnificent job that volunteers did throughout the District.

The Chairman also mentioned two events he had also recently attended with the Mayors of Burnham-on-Crouch and Maldon.

·                 Minute No. 108 – Advice Services Contract (Please note that the recommendations relating to this Minute were considered and agreed by the Council at its extraordinary meeting on 25 July 2019.)

It was noted that the recommendations relating to Minutes 108 Advice Service Contract were considered and agreed by the Council at its extraordinary meeting on 25 July 2019.

RESOLVED that the Minutes of the Community Services Committee held on 9 July 2019 be adopted.

·                 Minute No. 276 – Local Development Scheme – Review of 2005 – 2007 Supplementary Planning Documents

RESOLVED

(i)              That the Minutes of the meeting of the Planning and Licensing Committee held on 18 July 2019 be received.

Minute 276 – Local Development Scheme – Review of 2005 – 2007 Supplementary Planning Documents

RESOLVED

(ii)            that the following Supplementary Planning Documents prepared and approved between 2005 and 2007 be revoked:

·                 Children’s Play Spaces SPD, Adopted March 2006 (attached as Appendix 1 to the Minutes);

·                 Developer Contributions Guide SPD, Adopted September 2006 (attached as Appendix 2 to the Minutes);

·                 Accessibility to Buildings SPD, Adopted December 2006 (attached as Appendix 3 to the Minutes);

·                 Heybridge Basin Timber Yard SPD, Adopted February 2007 (attached as Appendix 4 to the Minutes);

·                 Sadd’s Wharf SPD, Adopted September 2007 (attached as Appendix 5 to the Minutes).

RESOLVED

(iii)          That subject to the above decision, the Minutes of the meeting of the Planning and Licensing Committee held on 18 July 2019 be adopted.

Minutes TO FOLLOW.

RESOLVED that the Minutes of the special meeting of the Audit Committee held on 29 August 2019 be adopted.

To note that since the last Council, up until Wednesday 4 September 2019 (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:

Minutes NOT finalised for publication:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 4 September 2019 for which Minutes had been published.

There were none.

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 providing a further update on the arrangements for implementation of the outcome of the Community Governance Review regarding the Parish of Heybridge – Basin Ward.  The report also sought Members’ consideration of matters to be the subject of the Reorganisation Order.

The report provided background information regarding the recent decision to create a new Civil Parish and Parish Council for the area currently forming the Basin Ward of the Parish of Heybridge (as detailed in Appendix A to the report).

The matters for inclusion in the Re-organisation Order were set out in the report and a draft of the Order was attached at Appendix B to the report for Members’ consideration.

When presenting the report the Leader of the Council advised that there were costs relating to the changes required to the Council Tax database and any other costs related to staff time, however there was a contingency built in. 

The Leader highlighted that paragraph 4.1 of the report was incorrect and should be amended to read “…linked to the Corporate Impact / Outcome with the objective of excellent services and value for money and an open and transparent organisation”.  This was noted.

The Leader of the Council then proposed, that subject to the above amendment the recommendations as set out in the report be approved.  This was duly agreed.

RESOLVED

(i)              That the proposed Re-organisation of Community Governance Order under the Local Government and Public Involvement in Health Act 2007 to give effect to the agreed outcome of this Community Governance Review be approved;

(ii)            That should Heybridge Parish Council wish to retain a membership of 12 Councillors it is advised that this will require a separate election consequent upon implementation of these proposals, the cost of which will be an expense attributable to the Parish Council;

(iii)          That the Director of Strategy, Performance and Governance is authorised to continue and conclude discussions with Heybridge Parish Council and representatives of the Local Referendum Group as required in relation to all necessary administrative matters and including the transfer of land and property;

(iv)           The £16,115 be made available from reserves to fund the operational costs of delivery to be borne by the Council.

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 providing an update on the declaration of an AQMA along Market Hill, Maldon and the process for preparing an AQMP in accordance with the relevant guidance.

The report provided background information regarding the work undertaken by a Steering Group to engage with Members, residents and businesses.  Following consideration of its work the Corporate Leadership Team had suggested that a technical group and Members’ panel be created.  The proposed composition and terms of reference for these were attached as Appendices 1 and 2 to the report.

The Leader of the Council presented the report and advised Members that reference to the Director of Customers and Community on page 103 of the document pack should be replaced with Director of Service Delivery.  This amendment was duly noted.

The Leader then proposed the following motion:

(i)              That recommendation (i) as set out in the report be agreed;

(ii)            That recommendation (ii) as set out in the report is not agreed;

(iii)          That the following recommendations are agreed:

(i)              That the two panels mentioned in the report are combined to provide a Member Officer Working Group;

(ii)            That the Head of Paid Service considers appointing the Strategic Theme Lead – Place to the Working Group;

(iii)          That the following Members be appointed to the new working Group:

·                 Councillors A S Fluker

·                 Councillor Mrs P A Channer CC

·                 Councillor Miss S White

·                 Councillor M F L Durham CC

·                 Councillor C P Morley

·                 Councillor B E Harker

(iv)          That the Terms of Reference of the Working Group are agreed at its first meeting and thereafter reported back to the Council.

This proposal was duly seconded.

In response to a point of clarification, the Leader advised he was referring to Market Hill and the Fullbridge.

Concern was expressed by a number of Members regarding the Membership of the new Working Group as there were no Independent Members proposed.  Maldon Ward Members also expressed their wish to be part of the Working Group.  In response the Chairman reminded Members that the Council could only consider one motion at a time which could only be amended by addition or subtraction of words but that this could not negate the original purpose of the motion.  He advised that Members who disagreed were able to vote against the motion.

The Chairman then put the Leader of the Council’s proposal to the Council.  Upon a vote being taken there was an equality of votes and the Chairman exercised his casting vote in support of the proposal.

RESOLVED

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

(ii)            that the two panels mentioned in the report be combined to provide a Member Officer Working Group;

(iii)          That the Head of Paid Service considers appointing the Strategic Theme Lead – Place to the Air Quality Management (Market Hill) Member Officer Working Group (the Working Group);

(iv)           That the following Members be appointed to the Working Group:

·                 Councillor A  ...  view the full minutes text for item 392.

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 reporting the results of a review of the Bradwell Power Station Working Group and its terms of reference.

The review highlighted the need to establish separate Working Groups for each of the Bradwell sites as follows:

·                 Bradwell ‘A’ Care and Maintenance Working Group;

·                 Bradwell ‘B’ Power Station Working Group.

The proposed areas of work for each Working Group were detailed within the report.  It was noted that establishment of these Working Groups would provide clear channels to support the Council in engaging in the oversight of the care and maintenance period of the existing de-commissioned Bradwell ’A’ Power Station and support the Council’s role in the wider Development Consent Order process for the proposed new Bradwell ‘B’ Power Station.

The Leader of the Council presented the report and proposed that:

a)               recommendation (i) as set out in the report be agreed;

b)               recommendation (ii) as set out in the report be agreed and the following Members be appointed to the Bradwell ‘A’ Care and Maintenance Working Group:

·                 Councillors R P F Dewick, E L Bamford, Mrs P A Channer CC,
A S Fluker, Mrs A L Hull and Miss S White

c)               recommendation (iii) as set out in the report be agreed;

d)               recommendation (iv) as set out in the report be agreed and in addition to the Members of the Joint Bradwell Member Board, the following Members be appointed to the Bradwell ‘B’ Power Station Working Group:

·                 Councillors R P F Dewick, M W Helm, M F L Durham and E L Bamford

This proposal was duly seconded.

In response to concerns raised regarding the proposed membership of the Working Groups not including any independent Members, the Leader of the Council provided the Council with details regarding his rationale for proposing the Membership he had.

Further discussion ensued regarding the membership of the Working Groups.

The Chairman then put the Leader of the Council’s proposal to the Council and upon a vote being taken this was duly agreed.

RESOLVED

(i)              that the existing Bradwell Power Station Working Group be dissolved;

(ii)            that a new Bradwell ‘A’ Care and Maintenance Working Group, to support the Councils role in overseeing the care and maintenance period of Bradwell Power Station be established and that the following Members are appointed to this Working Group:

·                 Councillor E L Bamford;

·                 Councillor Mrs P A Channer CC;

·                 Councillor R P F Dewick;

·                 Councillor A S Fluker;

·                 Councillor Mrs A L Hull;

·                 Councillor Miss S White.

(iii)          that a new Bradwell ‘B’ Power Station Working Group to support and advise the Members appointed to the Joint Bradwell Member Board (JMBB) be established;

(iv)           that the Membership of the Bradwell ‘B’ Power Station Working Group is as follows:

From the JMBB:

Leader of the Council

Deputy Leader of the Council

Chairman and Vice-Chairman of the Planning and Licensing Committee (to be updated in October 2019 and aligned to new Committee structure)

And the  ...  view the full minutes text for item 393.

In view of the current vacant Director of Resources post, the Council is requested to agree the following interim changes until the post is filled or otherwise 31 March 2020:

a)         That pursuant to Section 8 of the Representation of the People Act 1983, Mr Paul Dodson, Director of Strategy, Performance and Governance, shall be Electoral Registration Officer for the Maldon District;

b)         That pursuant to Section 35 of the Representation of the People Act 1983, Mr Paul Dodson, Director of Strategy, Performance and Governance, is Returning Officer for the election of Councillors of the Maldon District and of Councillors of parishes and communities within the Maldon District, and also for the conduct of Parish Polls and Neighbourhood Plan Referendums within the Maldon District;

c)         That any Proper Officer designations together with the powers and functions currently delegated to the Director of Resources and proposed to be delegated to the Director of Resources under the new structure, be transferred to the Director of Strategy, Performance and Governance.

RESOLVED that in the following interim changes be agreed until the post of Director of Resources is filled or otherwise 31 March 2020:

a)               That pursuant to Section 8 of the Representation of the People Act 1983, Mr Paul Dodson, Director of Strategy, Performance and Governance, shall be Electoral Registration Officer for the Maldon District;

b)               That pursuant to Section 35 of the Representation of the People Act 1983, Mr Paul Dodson, Director of Strategy, Performance and Governance, is Returning Officer for the election of Councillors of the Maldon District and of Councillors of parishes and communities within the Maldon District, and also for the conduct of Parish Polls and Neighbourhood Plan Referendums within the Maldon District;

c)               That any Proper Officer designations together with the powers and functions currently delegated to the Director of Resources and proposed to be delegated to the Director of Resources under the new structure, be transferred to the Director of Strategy, Performance and Governance.

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

The Council considered the report of the Director of Service Delivery seeking Members’ approval and adoption of a new Constitution for the Council (attached as Appendix A to the report) to take effect on 3 October 2019.

The report outlined the review and updating process undertaken in respect of the various constitutional documentation in relation to the new structure emerging from the Council’s transformation programme. 

The Leader of the Council paid tribute to the Corporate Governance Project Officer, the huge amount of work he had done on this project and thanked him on behalf of the Council.  The Leader also thanked the Corporate Governance Working Group for the huge amount of work it had put into getting this right.  He then proposed that the recommendations as set out in the report be agreed.  This proposal was duly seconded.

In response to comments raised and the following information was provided:

·                 Independent Persons were not members of the Joint Standards Committee.  The relevant Articles of the Constitution set out that although not members they were routinely invited to attend and take part in discussions at such meetings.

·                 Procedure Rule 22 referred to Members receiving a printed copy of the procedure rules and in response the Leader of the council advised that reference was also made to electronic copies within the constitution however, if a printed copy was required he was sure Officer would facilitate this.

Councillor M S Heard proposed an amendment to the last sentence of paragraph 12.3 of the Access to Information Procedure Rules advising that the right to know should be reasonable.  In response the Chairman of the Council advised that it was not possible to put an amendment which negated what was already there and he did not feel this was a valid amendment. 

The Chairman then put the recommendation of the Leader of the Council and this was duly agreed.

RESOLVED

(i)              That subject to (ii) below the Council approves and adopts the new Constitution both as a framework and also incorporating the documentation in Appendix A to the report to take effect on 3 October 2019;

(ii)            That the following components included in the Constitution in their existing form be reviewed and updated at the earliest opportunity:

·                 Financial Regulations;

·                 Contract Procedure Rules;

·                 Code of Good Practice and Guidance on the Conduct of Planning Matters.

(iii)          That the Director of Strategy, Performance and Governance be authorised generally to update the Constitution and its component parts to ensure accuracy and to be reflective of organisational arrangements.

To consider the report of the Head of Paid Service (copy enclosed).

The Council considered the report of the Director of Service Delivery seeking Members’ consideration of a replacement representative on the Plume Educational Trust.  It was noted that the Council had two representatives on this Trust with each representative being nominated for a period of four years. 

A new representative was required following the expiry of the term of office relating to former Councillor Cain.

The Leader of the Council thanked former Councillor Cain for the work he had put into the trust and then proposed that Councillor R H Siddall be nominated as the replacement representative.  This was duly seconded.

Councillor M S Heard proposed that Councillor W Stamp be nominated as the replacement representative.  The Chairman advised Councillor Heard that it was not possible to make this proposal and put the proposal of the Leader of the Council.  Upon a vote being taken was agreed.

RESOLVED that Councillor R H Siddall be nominated at one of the Council’s representative on the plume Educational Trust for a period of four years.

Councillor W Stamp asked the Leader of the Council if the constant exclusions of democratically elected independent Councillors from the majority working groups contravened the first Nolan principle of the Council’s code of conduct?  Councillor Stamp then quoted from the Code of Conduct and a Standards Public Life report by Lord Paul Bew pages 12 section 3.3 [1]regarding upholding the public interest.  She referred to Members representing residents and how the conservative party elected Councillors were being given precedence over independent Councillors.

Councillor Stamp asked a supplementary question relating to a question she had raised to the Chairman of the Planning and Licensing Committee at a recent meeting asking if she could be part of a Working Group regarding the adoption of the Community Infrastructure Levy (CIL) and to which the Leader of the Council (sitting as a Member of the Committee) had responded no.  She questioned why she shouldn’t be allowed to be on a working group?

The Chairman advised the Leader that he could respond orally or due to the technical nature of the question chose to respond in writing.

In response, the Leader advised that the Conservatives had formed an administration and for the length of the time of that administration it would administer the Council in the way it thought fit.  He reminded the Council that the Independents had been invited onto Working Groups, making particular mention of the Alderman and Freeman Working Group on which Councillor S P Nunn sat.

Further to the supplementary question, the Leader advised that Councillor Stamp had asked a question and he had answered it.  The Leader continued advising that this administration would deliver 106 agreements, it would monitor them and ensure the CIL requirement would be right, fit and proper for the adopted Local Development Plan.

Councillor C Morris raised a query regarding a question he wished to ask as it related to a matter which had previously been considered in private session.  In response the Chairman of the Council advised that if a question was of a private and confidential nature a member could request that the Council went into private session to hear it and allow a response to that question.  Councillor Morris then asked the Council to consider going into private session so that he could ask a question of the Leader of the Council relating to a previously considered private and confidential item of business.  In response, the Chairman advised that the Council would be moving into private session for another matter and Councillor Morris could raise his question to the Leader at that time.

Councillor K W Jarvis asked the Leader of the Council if he could advise when the Statement of Accounts would be produced and tabled before the Council and if he was aware of any consequences of them being late.

In response the Leader of the Council advised there were no financial consequences as a result of the accounts being lodged late.  The Council had one piece of work relating  ...  view the full minutes text for item 397.

The Chairman announced that in accordance with Section 100b(4) of the Local Government Act 1972 he had agreed to allow the Director of Service Delivery to raise an urgent item of business seeking Members’ consideration of a lease renewal.  Members were advised that it was necessary to consider and make a decision on this item prior to the next meeting of the Council to meet with legal requirements.

Members were advised that this item was a private and confidential report.

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 involved the likely disclosure of exempt information as defined in Paragraphs 2 and 6 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

At this point the Chairman of the Council allowed Councillor C Morris to raise his question to the Leader of the Council.

Councillor Morris asked his question and the Leader of the Council provided a response to the matter raised.

The Council considered the urgent report of the Director of Service Delivery seeking Members’ consideration of a lease renewal for a site within the Maldon District identified at Appendix 1 to the report.

Following presentation of the report by the Director of Service Delivery, the Leader of the Council proposed that the recommendations as set out in the report be agreed subject to an amendment to point (ii) to include “…for a period of twelve months”.  The Leader also proposed that the Asset Management Working Group consider all options relating to the area of land identified, including retention of its current use, and report back to the Council accordingly before a decision on the long term aspects of the lease was made.  This was duly seconded.

In response to questions raised the Director of Service Delivery and the Senior Legal Specialist provided Members with further information and clarification.

Following further discussions the Leader proposed an amendment to recommendation (i) to read “…on 31 March 2020”.  Following comments from the Director of Service Delivery in respect of reviewing the rent for the short term lease proposed for the Leader proposed that the rent was not changed at this time.  This was duly seconded.

The Chairman put the recommendations of the Leader to the Council and upon a vote being taken they were agreed.

RESOLVED

(i)              that, in relation to the area of the land identified within the report, the Director of Service Delivery is authorised to:

a)               formally terminate the current lease on 31 March 2020;

b)              negotiate a new lease to begin on 1 April 2020 for a period of 12 months.

(ii)            that in respect of the new lease (detailed at (i)b) above) there not be any change to the rent at this time.

RESOLVED that the meeting of the Council be resumed in open session.

The Chairman advised that he had sought for the meeting to resume in open session in order for him to introduce Mr Kamal Mehta to the Council.  Mr Mehta was the Council’s financial officer and would be working with the External Auditors and acting as Interim Section 151 Officer.