Agenda and minutes

The Chairman welcomed everyone to this remote meeting of the Maldon District Council, held under new regulations which had come into effect in response to the COVID-19 situation.  The Chairman then went through some general housekeeping arrangements for the meeting. 

A roll call of those Members present was taken.

An apology for absence was received from Councillor R P F Dewick and it was noted that Councillor C P Morley would be joining the meeting later.

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 M F L Durham disclosed a non-pecuniary interest as a Member of Essex County Council in any item on the agenda pertaining to the County Council.

Councillor R G Boyce disclosed a non-pecuniary interest in one of the items of business due to be considered in private session as he was an Almshouse Trustee.

Councillor Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council and any matter referring to that organisation.  She specifically referenced Agenda items 10, 12, 13, 16 and some of the items due to be considered in private session.  She also disclosed a non-pecuniary interest in one of the items of business due to be considered in private session as she was Trustee of an Almshouse Charity.

Councillor M W Helm disclosed a non-pecuniary interest in one of the items of business due to be considered in private session as he was an Almshouse Trustee.

Councillor M S Heard disclosed a non-pecuniary interest in Agenda Item 10 – Notice of Motion as he was trustee of a Local Charity, Joseph Henry Unwin which had provided money to all of the foodbanks in Maldon.

To confirm the Minutes of the Council meeting held on 4 February 2021 (copy enclosed).

RESOLVED

(i)              that the Minutes of the Council meeting held on 4 February 2021 be received.

Minute 245 – Questions to the Leader of the Council in Accordance with Procedure Rule 1 (3)(M)

Councillor Mrs P A Channer advised that a question she had raised at this meeting had not been recorded.  The question was whether the Leader agreed that the protocol of the Council should be followed at public meetings and Members should address Officer in accordance with the rules agreed by the Council.

In response the Chairman advised that the tape would be checked, and the Minutes amended accordingly.

RESOLVED

(ii)            that subject to the above amendment, the Minutes of the Council meeting held on 4 February 2021 be agreed.

To confirm the Minutes of the extraordinary Council meeting held on 23 February 2021 (copy enclosed).

RESOLVED (by assent) that the Minutes of the extraordinary Council meeting held on 23 February 2021 be agreed.

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon two clear working days before the day of the Council meeting).

Should you wish to submit a question please complete the online form at www.maldon.gov.uk/publicparticipation.

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 advised of a question from Mr D Sismey of which prior notification had been given.

The Chairman then read out the question, set out below.

What feedback has the Council Leader received from the Monitoring Officer regarding the Council’s budget press statement on 25 February and what regard did the Council give to Section 2 of the Local Government Act prior to its publication?  Does the Council Leader think it is a justifiable use of council tax payers’ money to use the Council press office to make partisan political points despite the provisions of the Local Government Act?

The Leader of the Council responded to the question as follows:

“The Monitoring Officer provided feedback on the Leaders Budget Statement and whilst he did not believe it contravened Section 2 of the Local Government Act, he did advise it should be amended and this action was taken, and the press release re-issued. 

I can confirm that the Council reviews all publications and press releases paying regard to section 2 of the Local Government Act prior to them being released and where necessary advice is sought from the Monitoring Officer.”

The Chairman of the Council made statement referring to how it had been a year to the day since the Council had requested that all staff worked from home to address concerns regarding COVID-19 and ensure safety of staff.

Reflecting on the last year the Chairman referred to the unprecedented challenges faced and how they had also brought out the best from both the Council and the Communities it served and worked together with.

The Chairman thanked:

·                 all staff at Maldon District Council for their hard work and commitment over the last year, for keeping services going and supporting residents and businesses;

·                 partners who had come together to work with the Council, including the Maldon Community Voluntary Service (CVS), community groups and all residents of the District for their support;

·                 the National Health Service (NHS), referring to the care they had provided, but also for the efficient and rapid roll-out of the vaccine which hoped would be the way back to some normality through the course of this year.

Reflecting on the many people that had lost friends and family to the COVID Epidemic, a minutes silence was held to remember those who had been lost and those who were still slowly recovering from the virus.

Following this the Chairman referred to an event which the Vice-Chairman had recently attended on his behalf.

RESOLVED (by assent) that the Minutes of the Performance, Governance and Audit Committee held on 25 February 2021 be agreed.

To note that since the last Council, up until Wednesday 10 March 2021 (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:

RESOLVED (by assent) that the list of Committees that had met since the last meeting of the Council, up to Wednesday 10 March 2021 for which Minutes had been published be noted.

In accordance with notice duly given under Procedure Rule 4, Councillor C Morris to move the following motion, duly seconded by Councillor V J Bell:

“In view of the current difficulties our community faces, Maldon District Council pledges to operate a food bank to help the vulnerable people of our district that will be located within the Council offices in Maldon, as well as any suitable location at Burnham-on-Crouch, as soon as possible.”

In accordance with Procedure Rule 4, the Chairman advised that a motion proposed by Councillor C Morris and seconded by Councillor V J Bell had been received.

Councillor Morris read out his Motion (as set out below):

“In view of the current difficulties our community faces, Maldon District Council pledges to operate a food bank to help the vulnerable people of our district that will be located within the Council offices in Maldon, as well as any suitable location at Burnham-on-Crouch, as soon as possible.”

Councillor C Mayes provided a detailed update to Members on the food hubs around the District and the work being done with partners and stakeholders such as the Community Voluntary Service, St. Peter’s Hospital and the Salvation Army along with numerous volunteers who were assisting in many ways.  She highlighted grants received to provide additional resources and a number of campaigns supported by the Council and its Officers including food hampers, particularly those delivered over Christmas.  Councillor Mayes advised that as result of this multiagency work she wished to make an amendment to the motion and proposed that:

in view of the current difficulties our community faces, Maldon District Council pledges to continue working with outside agencies to identify and support our existing food banks whilst investigating whether more food banks are needed within the District.  This support may include offering assistance via website publicity as well as promoting a multi-agency approach to community needs.

This proposal was duly seconded. 

Members debated the proposed amendment at length, noted the outstanding work being done by food banks across the District and comments were made regarding food banks and pantries currently operating within the District, ensuring continued support to these and use of the Council Offices. 

In response, the Leader of the Council suggested that a report be brought to the Council (or Committee) with a feasibility study and commented how it would be impractical for the Council to set a policy at a meeting now.

During the debate Councillor Mrs P A Channer disclosed a non-pecuniary interest in this item of business as a County Councillor as Essex County Council had been involved in a lot of the associated work.

Councillor M F L Durham disclosed a non-pecuniary interest in this item of business in relation to the funding for the Heybridge food bank and that he was an ambassador to the Country Food Trust which distributed free meals to the foodbanks.

Councillor Morris, in response to the comments, provided further details regarding the current facilities available in the District and how he felt these were inadequate.  He referred to the Trussell Trust and how its website directed you to Chelmsford when Maldon was entered.  Councillor Morris felt that the District required an accessible, visible and reliable food bank and advised he did not support the amendment.  In accordance with Procedure Rule No. 13 (3) Councillor Morris requested a recorded vote. 

In light of comments made Councillor Mayes further amended her earlier proposition as follows:

In  ...  view the full minutes text for item 334.

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 seeking approval of an update to the Maldon District Council Corporate Plan.

It was noted that on 14 February 2019 a Corporate Plan for 2019 – 2023 was approved by the Council and how as a result of Covid-19 pandemic the Council’s approach to service delivery and corporate priorities had changed.  The revised Corporate Plan (attached as an appendix to the report) ensured the Plan remained relevant and responsive.  The report detailed the review that had taken place and the changes made to the revised Corporate Plan for 2021 – 2023.  This work had been overseen by the Corporate Plan Working Group and the report outlined the conclusions of the Working Group following its last meeting.

The Chairman put the recommendation set out in the report to the Council and this was duly agreed by assent.

RESOLVED (by assent) that Members consider and approve the Maldon District Corporate Plan 2021 – 2023 as set out in Appendix 1 to the report.

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 approval of the recommendations made in the Examiner’s report (attached at Appendix 1 to the report) on the Wickham Bishops Neighbourhood Plan (WBNHP).  The report also sought approval of the Neighbourhood Plan to proceed to referendum.

The report provided background information regarding neighbourhood planning, including:

·                 how the preparation of the WBNHP had been led by Wickham Bishops Neighbourhood Plan Steering Group on behalf of Wickham Bishops Parish Council;

·                 production of a Neighbourhood Plan must follow a regulatory process and this was summarised in the report;

·                 examination of the Neighbourhood Plan and consideration whether the Plan met Basic Conditions;

·                 the role of the Local Planning Authority;

·                 consideration of the examiner’s report (attached as Appendix 1 to the report) and proposed modifications and Officer’s recommendation for each of these were set out in the draft decision notice (Appendix 2 to the report).

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

Councillor K W Jarvis disclosed a non-pecuniary interest in this item of business as he was a Wickham Bishops Parish Councillor.

A number of Members commented on the report and the huge amount of work undertaken by the Parish Council.

In response to questions raised, Members were advised that there was a time limit for when a Neighbourhood Plan had to go to referendum.  It was not within the remit of the Council to delay approval of the Plan.

The Chairman put the recommendations set out in the report and this was duly agreed by assent.

RESOLVED (by assent)

(i)              that the Examiner’s modifications be agreed and that subject to these modifications the Neighbourhood Plan meets the Basic Conditions and other legislative requirements;

(ii)            that the draft Decision Statement attached as Appendix 2 to the report be approved to be published on the Council’s website;

(iii)          that the Wickham Bishops Neighbourhood Plan be agreed as modified and proceeds to a local referendum based on the boundary of Wickham Bishops Neighbourhood Area as recommended by the Examiner.

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 of the approach and options for Council and Committee meetings from 6 May 2021, when the current remote meeting legislation expires.

The report outlined the current provision which allow virtual meetings to take place and how this was due to expire on 6 May 2021.  A number of organisations across Local Government were working to challenge this but to allow for an option to be implemented by 6 May 2021 delegation of the final decision was sought.  Appendix 1 to the report outlined a number of options which were being considered.

In response to a question, the Director of Strategy, Performance and Governance confirmed that to date there was no legal update in respect of virtual meetings after 6 May 2021.

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

Members discussed the report.  Councillor A S Fluker raised some concern and asked the Leader if she would, with the Chairman’s support, be prepared to call an extraordinary meeting of the Council once further information was known.  The Leader confirmed that she would.  Councillor Fluker then proposed that at the request of the Leader of the Council and at the discretion of the Chairman once further information was available an extraordinary meeting of the Council be arranged to consider what is best for the Council.  This was duly seconded.

A debate ensued and a number of comments were made regarding virtual and face to face meetings.  In response the Director of Strategy, Performance and Governance outlined some of the options that Officers were investigating should virtual meetings not be able to continue after 6 May 2021.  It was noted that Officers would continue to look at all options and continue with risk assessments, scoping out alternative venues etc.

At this point Councillor Fluker withdrew his earlier proposition and proposed that the Leader of the Council in conjunction with the Chairman calls an extraordinary meeting of the Council to consider options once further information is forthcoming from the Government on process of holding meetings after 6 May 2021.

In accordance with Procedure Rule No. 13 (3) Councillor K M H Lagan requested a recorded vote.  This was duly seconded.

The Chairman put the recommendations set out in the report with the additional proposal in the name of Councillor Fluker to the Council.  The voting was as follows:

For the recommendation:

Councillors Miss A M Beale, B S Beale, V J Bell, R G Boyce, Mrs P A channer, M F L Durham, M R Edwards, A S Fluker, M S Heard, M W Helm, A L Hull, K W Jarvis, J V Keyes, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, Mrs M E Thompson and Miss S White.

Against the recommendation:

Councillors M G Bassenger, Mrs J L Fleming,  ...  view the full minutes text for item 338.

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 appointment of a representative to serve on the Maldon District Dementia Action Alliance (MDDAA) outside body (as detailed in Appendix 1 to the report) and to ratify the Independent Group nomination for appointment of a Member to the Investigating and Disciplinary Committee.

The report outlined the suggestion following recent Member / Officer training sessions to appoint a representative to the attend the MDDAA.  It was noted that to fill a vacant seat on the Investigating and Disciplinary Committee the Independent Group had nominated Councillor S P Nunn be appointed and ratification of this was sought.

The Leader of the Council presented the report.  Councillor C Mayes proposed that due to her related experience Councillor W Stamp be appointed to the MDDAA.  This was duly seconded.  Councillor Mrs P A Channer then proposed that Councillor Miss A M Beale be appointed to the MDDAA.  In light of this proposal and following a request from Councillor Stamp, Councillor Mayes withdrew her earlier proposal. 

The Chairman put the proposal of Councillor Mrs Channer to appoint Councillor Miss Beale the to MDDAA to the Council and this was agreed by assent. 

The Chairman put recommendation (ii) to the Council and this was duly agreed by assent.

RESOLVED (by assent)

(i)              That Councillor Miss A M Beale be appointed as a representative to Maldon District Dementia Alliance (as detailed in Appendix 1 to the report) for the remainder of the Municipal Year;

(ii)       That Councillor S P Nunn be appointed to the Investigating and Disciplinary Committee for the remainder of the Municipal Year.

RESOLVED that the meeting be adjourned for a short comfort break.

RESOLVED that the meeting resumes in open session at 8:20pm.

To consider the report of the Director of Service Delivery, (copy enclosed).

The Council considered the report of the Director of Strategy, Performance and Governance seeking Members’ agreement to establish a Planning Policy Working Group (the Working Group) to consider and inform the work being undertaken on development the Local Development Plan (LDP) review and Supplementary Planning Documents (SPD) as set out in the Local Development Scheme 2021 – 2024.  Appointment of up to six Members to the Working Group was also sought.

The report outlined the proposed Terms of Reference and remit of the Working Group and it was noted that although a Working Group of the Council it would provide regular updates to the Strategy and Resources Committee to inform the Committee’s decisions in relation to the LDP Review and SPD preparation.

The Leader of the Council presented the report and proposed that the Working Group be made up of four Independent and two Conservative Councillors or one Conservative and one Democratic Alliance Group Councillor.  This proposal was duly seconded.  The Leader of the Council suggested that the Group Leaders advise the Director of Strategy, Performance and Governance of their nominations outside of the meeting.  In response to a question the Senior Specialist – Legal advised that as long as the Council was clear on how many nominations each political party was being allocated then the Leaders could confirm their nominations at a later date.

Following a suggestion, the Leader of the Council amended her proposal, proposing that the Working Group be made up of seven Members drawn from the Political Groups as follows - four Independent, two Conservative and one Democratic Alliance Group.  The Chairman put this amendment to the Council and it was duly agreed by assent.

RESOLVED (by assent) that a Planning Policy Working Group of seven Members (four Independents, two Conservatives and one Democratic Alliance Group) be established, and the relevant Group Leaders notify the Director of Strategy, Performance and Governance of their nominations to the Working Group.

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’ agreement to revise the date of the Statutory Annual meeting of the Council.

It was noted that on 6 May 2021 there would be two by-elections for Councillor vacancies at the Council.  In light of this and to allow suitable time for constitutional procedures to be carried out it was requested that the Council consider moving the date of the Statutory Annual Council meeting.  Should this be agreed further amendments to three Area Planning Committee dates would also be required.

The Leader of the Council presented the report and moved the recommendations as set out in the report.  This was duly seconded and agreed by assent.

RESOLVED (by assent)

(i)              That the Statutory Annual Council date is revised to 20 May 2021;

(ii)            That the associated Area Planning Committee dates are revised as follows:

·                 North Western Area Planning Committee moves to Tuesday 25 May 2021 (from Wednesday 19 May);

·                 South Eastern Area Planning Committee moves to Wednesday 26 May (from Thursday 20 May);

·                 Central Area Planning Committee moves to Wednesday 2 June (from Wednesday 26 May).

Councillor A S Fluker paid tribute to everyone in the District, particularly those volunteers involved in the role out of the UK wide vaccination programme and referred to a letter sent by the Leader of the Council to the Government supporting Small Modular Nuclear Reactors.  He asked the Leader the Council as the Council appeared to be the only District Council that had endorsed this technology whether she would be surprised if such technology was scoped in our District and sought confirmation of her policy regarding nuclear energy and the District.  In response the Leader advised that the policy had been agreed by the Council and the letter sent to the Government as a result of that decision.

Councillor Mrs M E Thompson highlighted the importance for the barges being able to leave and come back to the quay in Maldon and asked the Leader if she could advise, as the quay fees had considerably reduced, whether there was a policy for where the cost of dredging would come from.  In response the Leader advised that the Council did not have a policy at the moment, but she was sure Officers would be reviewing this following the February budget meeting of the Council.  She advised that Officers would respond to Councillor Mrs Thompson outside of the meeting with the details.

Councillor R H Siddall referred to the One Team internal newsletter and the major piece of work being undertaken by the Council in respect of equality and diversity.  Part of this work included the development of a new strategy aligned to the Council’s Corporate Plan and he commended Officers for their commitment to this piece of work.  Councillor Siddall commented how much harder it was for someone of the Lesbian, Gay, Bisexual, Transgender, Queer and others (LGBTQ+) community to grow up in a rural area rather than a city where access to support was easier.  He asked the Leader of the Council if she supported these values and felt that this was something that Members needed to incorporate into their behaviour.  He also asked if she hoped the future saw Members behaving in a way that respected equality, diversity and inclusivity.  In response the Leader of the Council advised she did and how it was very important for the Council to be embracing and taking on all aspects of equality and diversity.  She provided an update to Members on the work being undertaken by the Council and advised that a report would be brought to a Committee in respect of this in the next couple of months.

Councillor Mrs P A Channer referred to the question regarding accessibility of the Parish Council Forum agendas etc. which she had raised at the Council meeting on 4 February where the Leader had agreed to check the Terms of Reference and Constitution and sought confirmation if this had been done.  In response the Leader advised that she had spoken to Officers regarding this and asked Officers to provide further feedback.  The Leader referred  ...  view the full minutes text for item 344.

To resolve 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 involve 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.

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 involve 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.

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, informing Members of the Council’s upcoming position in relation to the Five-Year Housing Land Supply (5YHLS).

It was noted that the Council’s adopted affordable housing policy allowed for financial contributions in lieu of onsite provision when considered to be a more appropriate method of meeting the District’s need.  The report outlined how to best use developer financial contributions to deliver affordable housing units a formal strategy was required.

The Leader of the Council presented the reported and moved the recommendations set out in the report.  This was duly seconded.

The Chairman put the proposal to the Council and it was duly agreed by assent.

RESOLVED (by assent)

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

(ii)            That a strategy be produced to look at how to best use Developer financial contributions to meet the affordable housing need of the District.

To consider the report of the Leisure Contract Task and Finish Working Group, (copy enclosed).

The Council considered the report of the Director of Service Delivery advising Members of the on-going work from the Leisure Contract Member Task and Finish Working Group (the Working Group) in relation to the current position with the Leisure Services.  The report also sought Members’ approval for the Working Group to continue to meet to review further proposals, negotiations and make further recommendations to the Council.

It was noted that the Working Group had considered legal advice, analysed and challenged information provided by Places Leisure and made recommendations to the Council on the basis of this advice.  The report provided an update on the support agreed to Places Leisure until the end of March 2021 and outlined future support options which had been reviewed by the Working Group.

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

Thanks were extended to the Leisure Contract Working Group and Officers for the detailed report and work they had undertaken.

The Chairman put the recommendations to the Council and these were agreed by assent.

RESOLVED (by assent)

(i)              That the Council extends it provision of financial support to Places Leisure up to 31 March 2022, subject to quarterly reviews by the Task and Finish Working Group and staying with the forecasted financial parameters detailed within this report;

(ii)            That the Leisure Contract Member Task and Finish Working Group continues to meet on a quarterly basis throughout 2021 / 22 to consider all matters relating to Places Leisure and report back to the Council accordingly.

To consider the report of the Director of Service Delivery, (copy enclosed).

The Council considered the report of the Director of Service Delivery advising that the Strategy and Resources Committee at its meeting on 28 January 2021 had considered a report seeking revision to the lease agreement for Millfields Caravan Park, Burnham-on-Crouch.  The Committee resolved that the revision along with additional information should be deferred to the Council for decision.  The report detailed the proposed lease revision and detailed the additional information requested by the Strategy and Resources Committee and sought Members’ approval for a revised lease agreement.

The report, along with seven appendices, set out background information regarding the development of the Millfields Caravan Park, including the tendering process completed in 2012, planning conditions applied, contamination information and a summary of key issues.  Detailed legal advice and analysis from the Council’s Environmental Health Officer, was also set out in the report along with options for Members’ consideration.

Following a presentation of the report by Officers a number of questions were raised and Members commented on the proposed development.  In response further information regarding the options available to Members was provided.

Councillor A S Fluker referred to the Planning Permissions granted on the site and the benefits of the development.  He proposed that recommendations (i) and (ii) as set out in the report be agreed.

Following further discussion, the Chairman put that recommendation (i) as set out in the report and this was duly seconded and agreed by assent.

In accordance with Procedure Rule No. 13 (3) Councillor K M H Lagan requested a recorded vote.  This was duly seconded.

The Chairman then put recommendation (ii) as set out in the report to the Committee, duly seconded and the voting was as follows:

For the recommendation:

Councillors Miss A M Beale, B S Beale, R G Boyce, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, A S Fluker, M S Heard, M W Helm, A L Hull, K W Jarvis, J V Keyes, C Mayes, C P Morley, S P Nunn, R H Siddall, W Stamp, C Swain, Mrs M E Thompson and Miss S White.

Against the recommendation:

Councillors M G Bassenger, K M H Lagan, N G F Shaughnessy and N J Skeens.

Abstention:

Councillor V J Bell.

RESOLVED

(i)              That Members note the work undertaken by Officers to establish the experience of Birch’s Leisure Parks Limited in delivering schemes dealing with contaminated sites, and that through discussion an improved position has been offered reflecting the Council’s need to retain an acceptable income stream but recognising the additional costs in dealing with greater contamination that envisaged on the site;

(ii)            That Members approve the proposed revision to the 50-year lease agreement with Birch’s Leisure Parks Limited for the Millfields Caravan Park, Burnham-on- Crouch which gives a total revenue income of £2.5m for the period of the agreement be approved as detailed in this report.