Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

There were none.

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 S P Nunn declared a pecuniary interest in Agenda Item 7b – Minutes of the Strategy and Resources Committee, Appendix 3 relating to Fees and Charges policy and specifically the river wharfage fees as he occasionally undertook work for Topsail Charters as a historian guide and was remunerated for that work.  He felt this was connected with the barges, was a direct pecuniary interest and therefore he would be withdrawing from the chamber when this item was considered.  He also declared an interest in relation to Agenda Item 5 Public Questions – question 2 which linked to the same subject as his earlier declaration but advised that as it was not for debate he would not be withdrawing from the chamber for this item of business.

Councillor B S Beale joined the meeting at this point.

Councillors K M H Lagan, C Mayes and J Stilts declared a non-pecuniary interest in Agenda Item Agenda Item 7b – Minutes of the Strategy and Resources Committee, Appendix 3 relating to wharfage and car park as they had been in communication with some persons effected by this.

Councillor M R Edwards declared that in the interest of openness and transparency relating to Agenda Item 7b – Minutes of the Strategy and Resources Committee, he was a Member of the Thames Sailing Barge Trust.

Councillor M S Heard declared a non-pecuniary interest as he was a trustee for the Brent steam tug.  He also declared a non-pecuniary interest as he was a trustee of the Joseph Henry Unwin fund.

Councillor B E Harker declared in the interest of openness and transparency and in relation to Agenda Item 7b – Minutes of the Strategy and Resources Committee that he was treasurer of the Friends of Heybridge Cemetery where his wife was also secretary and he was Chairman of the Joseph Henry Unwin Trust which occasionally donated to the Citizens Advice Bureau.

Councillor M F L Durham declared a non-pecuniary interest as a member of Essex County Council in relation to any items of business pertaining to that Authority.

Councillor J V Keyes advised in the interest of openness and transparency he had a non-pecuniary interest in Agenda Item 7b – Minutes of the Strategy and Resources Committee.

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council on any matter pertaining to that authority, particularly Agenda Item 7b – Minutes of the Strategy and Resources Committee.  In relation to this item of business she declared the following interests in relation to specific items contained in these Minutes:

·                 Minute No. 9 – Maldon District Council Affordable Housing and Viability Supplementary Planning Document – Consultation on Draft Amendment: she was trustee of the Henry Guilder Drake Almshouse Trust. 

·                 Minute No. 6 – Advice Services Contract: in the interest of openness and transparency she knew the Chairman as they were an Essex County Councillor and sat on Cold Norton Parish Council which was within her division. 

In addition Councillor Mrs Channer  ...  view the full minutes text for item 625.

To confirm the Minutes of the council meeting held on 21 November 2019 (copy enclosed).

The Chairman advised that he felt there were some further amendments required to the Minutes.  He therefore proposed that agreement of the Minutes be deferred to the next ordinary meeting of the Council and Officers be asked to check the audio recording and bring a revised version of the Minutes back to the next meeting.  This was duly seconded and agreed.

RESOLVED that the Minutes of the Council meeting held on 21 November 2019 be deferred pending review by Officers and brought back to the next ordinary meeting of the Council.

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 of which prior notification had been given.  A copy of the questions was circulated prior to the meeting.

Question one:

Ms July Lea, Chairman of the Maldon Society was in attendance at the meeting and read out her questions, set out below along with the responses from the Leader of the Council (show in italics).

“In connection with the Council’s relationship with the proposed new nuclear power station at Bradwell, (also referred to in item 12 on tonight’s agenda).

a)               Is it correct that MDC is receiving each month approximately £15,000 from the potential developer?

Yes.

b)               What use has been made of the income in connection with Bradwell B received to date?

It has been used to support the staffing resource required by the Council to ensure it is undertaking the role of engaging in the Development Consent Order (DCO) process regarding the Bradwell B proposals.

c)               Does the Council recognise its integral role as a primary conduit in a disinterested process of public consultation on whether the nuclear development should proceed?

The development of a new nuclear power station falls within the scope of the ‘Nationally Significant Infrastructure Projects’ (NSIPs), as set out in the Planning Act 2008.  In these instances, the developer applies directly to the Secretary of State for a Development Consent Order (DCO) rather than to the Local Planning Authority for planning permission.  Maldon District Council will be a consultee as part of the DCO process.  BrB has indicated that the application for the DCO will be submitted in 2022.  However, there is a significant consultation and engagement process leading up to the submission of the application.  Whilst Maldon District Council will not be the determining authority for the actual power station application, host local authorities have an important role in the NSIP, DCO process.  Participation is not obligatory but is strongly advised by the Planning Inspectorate.  Whilst it is appreciated that local authority resources are limited, relevant authorities are strongly encouraged to discuss and work through the issues raised by NSIP proposals.  A local authority will provide an important local perspective at the pre-application stage, in addition to the views expressed directly to the developer by local residents, groups and businesses. 

d)               What answer would be given to those who consider a) and c) above represent a conflict of interest?”

It is normal for the developer in these cases to provide resource to the Local Authority to support the planning process.  This has been the case with other DCO processes around the country and both Maldon District Council and Essex County Council are seeking support in this case.  This in no way represents a conflict of interest and the funding simply enables the Local Authority to engage in the consultation fully and to discharge the expectations that HMPI has raised.  Whilst the Councils  ...  view the full minutes text for item 627.

The Chairman referred to a number of events which the Vice-Chairman had attended on his behalf.

The Chairman reminded and welcomed everyone to the nine lessons and Carol service taking place on Sunday 22 December at 6:30pm at All Saints Church, Maldon which he was hosting in conjunction with the Church.

·                 Minute No. 8 - Draft Statement of Accounts 2018 / 19

RESOLVED

(i)              That the Minutes of the Performance, Governance and Audit Committee held on 28 November 2019 be received.

Councillor E L Bamford, Chairman of the Committee presented the Minutes and proposed that they be accepted with the exception of Minute 8 Draft Statement of Accounts 2018 / 19 as these were the subject of a separate report on the agenda.  This was duly agreed.

RESOLVED

(ii)            That with the exception of Minute 8, the Minutes of the Performance, Governance and Audit Committee held on 28 November 2019 be agreed.

·                 Minute No. 6 – Advice Services Contract

·                 Minute No. 9 – Maldon District Council Affordable Housing and Viability Supplementary Planning Document – Consultation on Draft Amendment

·                 Minute No. 15 – 2020 / 21 Fees and Charges Policy

·                 Minute No. 16 – 2020 / 21 Revenue Budget Growth and Savings

RESOLVED

(i)              That the Minutes of the Strategy and Resources Committee held on 5 December 2019 be received.

Minute No. 6 – Review of Advice Services Funding 2020 / 21

RESOLVED

(ii)            That funding to the Maldon Citizens Advice is increased to the previous level of £73,500 from 1 April 2020.

Minute No. 9 – Maldon District Council Affordable Housing and Viability Supplementary Planning Document – Consultation on Draft Amendment

RESOLVED

(iii)          That the proposed amendments (attached at Appendix 1 to the Minutes of the Strategy and Resources Committee) to the Affordable Housing and Viability Supplementary Planning Document (attached at Appendix 2 to the Minutes of the Committee) be agreed.

In accordance with his earlier declaration Councillor S P Nunn left the meeting at this point.

Minute 15 – 2020 / 21 Fees and Charges Policy

It was noted that a revised version of Appendix 3 to these Minutes had been circulated prior to the meeting.

The Leader of the Council proposed that the fees and charges policies (as set out in the revised Appendix 3) be accepted, subject to the following amendments:

·                 Green Waste Bin Service – That the proposed removal of the £5 discount to Direct Debit and web payments be agreed on the basis that Officers take steps to clear the waiting list for green waste bins.

·                 River Wharfage – The Leader referred to a number of representations that had been received in respect of this matter.  He proposed that the suggested changes to river wharfage as set out in Appendix 3 (amended version) be referred back to the Strategy and Resources Committee for further research and subsequent consideration by the Council at its meeting in February 2020. 

This proposal was duly seconded and upon a vote being taken agreed.

RESOLVED

(iv)           That the proposed removal of the £5 discount for direct debit and web payments relating to Green Waste Bin Service be agreed, and Officers take steps to clear the waiting list for green waste bins.

(v)             That the proposed policy changes to River Wharfage be removed from Appendix 3 and following additional research considered by the Strategy and Resources Committee at its next meeting prior to approval by the Council at its meeting in February 2020.

(vi)           That subject to (iv) and (v) above, the revisions to the fees and charges policies outlined in Appendix 3 (as circulated at the meeting) be agreed.

Councillor Nunn returned to the chamber.

Minute 16 – 2020 / 21 Revenue Budget Growth and Savings

RESOLVED

(vi)      that the proposals for growth items, as set out in Appendix 4 to the Minutes of the Strategy and Resources Committee, be agreed;

(vii)     that the proposals for savings and income generation, as set out in Appendix 5 to the Minutes of the Strategy and Resources Committee, be agreed;

(viii)   that the projects to be funded from the Repairs and Renewals reserve, as set out in Appendix 6 to the Minutes of the Strategy and Resources Committee, be agreed.

RESOLVED

(ix)           That subject  ...  view the full minutes text for item 630.

To note that since the last Council, up until Wednesday 11 December 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 since the last meeting of the Council, up to Wednesday 11 December 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 updating Members on the changes to the Terms of Reference for the River Crouch Coastal Community Team (RCCCT) since its transfer to Rochford District Council in July 2019.  The report also sought appointment of a single representative to the RCCCT.

The report provided background information regarding the RCCCT and how in September 2019 it had refreshed its Terms of Reference.  There had been a change to the composition and Members of the RCCCT and the Council was requested to amend its current Member representation in light of this.

The Leader of the Council proposed that recommendation (i) be amended to read “…be noted” and that Councillor N Skeens be appointed as the Council’s representative on the RCCCT with Councillor S P Nunn as his substitute.  This was duly seconded and upon a vote being taken was agreed.

RESOLVED

(i)              That the updated Terms of Reference for the River Crouch Coastal Community Team (RCCCT) be noted;

(ii)            That Councillor N Skeens be appointed as the Council’s representative on the RCCCT with Councillor S P Nunn as his substitute.

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 providing a planning position station in relation to any new development relating to the Bradwell B (BrB) project.

The report provided background information regarding the selection of Bradwell as one of the eight sites considered suitable by the Government for the siting of a new nuclear power station and the work being undertaken in relation to the development of the station.  The report set out the Council’s position in dealing with planning application which may not accord with the Council’s Local Development Plan and aimed to take advantage of the future power station. 

Members were advised that in the future it would be necessary to provide a more robust, evidence based, policy position in relation to BrB associated planning applications.  To facilitate this Officers were suggesting that a Member workshop be arranged to gain some guidance from Members regarding the direction of travel for the production of new planning policies to deal with such planning applications in the future.

The Leader of the Council proposed an amendment to the recommendation to include the Bradwell B communications team in the workshop.  He advised that the communications team had been visiting local Parish Councils and other organisations giving a presentation in relation to Bradwell and it would be useful for them to go through this presentation with Members.  He proposed subject to that change that the recommendation as set out in the report be agreed.  This was duly seconded and agreed.

RESOLVED that a workshop be provided for all Members, to include an update on the Bradwell B (BrB) project, presentation from the Bradwell B communications team and seek direction in the production of any new planning policies relating to BrB. 

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 seeking Members’ endorsement of proposals for the governance of Maldon District Council’s decision making in relation to the proposed Bradwell B Nuclear Power Station.

The report outlined the process to be undertaken in development of a new nuclear power station and how the developer would apply directly to the Secretary of State for a Development Consent Order (DCO) rather than to the Local Planning Authority (LPA) for planning permission.  The Council would however have an important role in this process and the report provided detailed information in respect of this.  A table within the report set out the decision-making routes along with the groups and individuals that would be involved. 

It was noted that the Council would be required to make a range of decisions as part of the DCO process, beginning with the approval of the Statement of Community Consultation.  Members were advised that the proposed decision-making framework, if approved, would be utilised to allow the Council to respond in a timely and effective way.

The Leader of the Council proposed an amendment to the recommendation, as set out in the report, that the decision-making process be clarified and agreed at the next meeting of the Strategy and Resources Committee.  He also proposed to add robustness and ensure decisions were being made by Members that decisions were only made by the Strategy and Resources Committee and / or the Council.  This proposal was duly seconded and agreed.

RESOLVED

(i)              that the governance arrangements outlined within the report for decision regarding Bradwell B and its associated development be endorsed;

(ii)            that the decision-making process be clarified and reported to the next Strategy and Resources Committee;

(iii)          that any decisions relating to Bradwell B be brought to future meetings of the Strategy and Resources Committee and / or the Council for Members’ consideration.

To consider the report of the Interim Section 151 Officer (copy enclosed).

The Council considered the report of the Interim Section 151 Officer presenting the Draft Statement of Accounts for 2018 / 19 (attached as Appendix 1 to the report) for approval.

It was noted that the Performance, Governance and Audit Committee at its last meeting had recommended “that the final Statement of Accounts for 2018 / 19, once the External Auditor’s Opinion on the accounts and the judgement for Value for Money had been received, be approved”.  Further details regarding the approval of the Statement of Accounts was set out in the report.

It was noted that no significant issues with the Council’s accounts for 2108 / 19 had been identified.  The report advised that the External Auditor had issued his draft audit opinion and value for money judgement which indicated an unqualified or modified opinion on the account for 2018 / 19 and value for money.

Councillor E L Bamford, Chairman of the Performance, Governance and Audit Committee presented the report and advised that the signed Auditors opinion would follow once the accounts had been agreed by the Council.  She proposed that the recommendation as set out in the report be agreed.  This was duly seconded and agreed.

RESOLVED that the draft Statement of Accounts for 2018 / 19, as set out in Appendix 1 to the report, be approved.

To consider the report of the Interim Section 151 Officer, (copy enclosed).

The Council considered the report of the Interim Section 151 Officer relating to the Council Tax Base for 2020 / 21.  It was noted that the Council had to notify its tax base calculations to Essex County Council, Essex Fire Authority, the Police and Crime Commissioner for Essex and Parish Councils by 31 January 2020.

The report explained that the tax base figure was an integral part of the calculations for setting the level of Council Tax.  The detailed calculation of the relevant amounts for 2020 / 21 were shown in Appendix A to the report. 

Members were informed that the tax base used for 2019 / 20 (the current year) was 24,536.1.  The proposed new figure for the forthcoming year represented an increase of 554.7 or 2.26%.  This increase related to the number of new dwellings added to the valuation list.

The Leader of the Council proposed that the recommendations as set out in the report be agreed.  This was duly seconded and agreed.

RESOLVED that in accordance with the Local Authorities (Calculation of Tax Base) Regulations 2012 the amount calculated by Maldon District Council as its council tax base for the 2020 / 21 year shall be set at 25,090.8.

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 presenting for approval the Schedule of Meetings for 2020 / 21 (attached as Appendix 1 to the report).

The Leader of the Council proposed that subject to the following minor amendments the Schedule of Meetings for 2020 / 21 be agreed:

·                 8 February 2021 – This should read NW

·                 4 May 2021 had been missed off the schedule.

This was duly seconded and agreed.

RESOLVED that subject to the following amendments, the Schedule of Meetings for 2020 / 21 be approved.

·                 8 February 2021 –should read NW;

·                 4 May 2021 had been missed off the schedule.

To consider the following amendment to the Schedule of Meetings 2019 / 20:

·                 Strategy and Resources Committee

To move the meeting of this Committee scheduled on 16 January 2020 to Wednesday 29 January 2020.

RESOLVED that the meeting of the Strategy and Resources Committee scheduled for 16 January 2020 be moved to Wednesday 29 January 2020.

Councillor C Swain asked the Leader of the Council, now that Highways England had announced their preferred route for upgrading the A12 between Boreham and Witham, involving removal of both junctions at Hatfield Peverel and construction of a new junction at Rivenhall, if the Leader would press the County Council to bring forward proposals to provide access to that junction for traffic from Maldon and Heybridge?

In response the Leader advised that Highways England were proposing to close the junctions and introduce a new super junction to the east which would serve that area.  There would be a public consultation in 2020.  He emphasized that throughout the A12 widening scheme engagement and consultation process, the Council had emphasised to Highways England, the importance of maintaining access to the A12 from the District at Hatfield Peverel.  He made reference to the Local Development Plan bringing forward a lot of residential properties in the north of the District which would need to access the A12 and how this had been made clear as part of the consultation process.