Agenda and minutes

Extraordinary, Council - Thursday 25th August 2022 7.30 pm

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

Contact: Committee Services  Email:


No. Item


Chairman's notices


The Chairman welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.


Apologies for Absence


Apologies for absence were received from Councillors Mrs P A Channer, M S Heard, M W Helm, B B Heubner, J V Keyes, S J N Morgan, C P Morley and Mrs J C Stilts.


Declaration of Interest

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 W Stamp declared she was a Member of Essex County Council (ECC) and advised there were no items relating to the County Council on the agenda.  She sought guidance from the Monitoring Officer as to which category of interest this would fall under.


The Monitoring Officer advised that there was no need to declare membership of ECC if there was no relevant agenda item, however if there was it would be an other registrable interest as in part 2 of the Register of Interests form as ECC was a body that had public responsibilities and duties.


Councillor Stamp clarified that she therefore had no interest.


Councillor M F L Durham declared an other registrable interest as a Member of ECC.


Councillor Mrs J L Fleming declared a registrable interest as a Member of ECC.


Notice of Motion pdf icon PDF 226 KB

In accordance with notice duly given under Procedure Rule 4 to receive the following Motion from Councillors A S Fluker and K M H Lagan respectively:-


(i)               That aworking group isestablished to consider the 5-year Housing Land supplyand thatrecommendations from this working groupcomebackto full councilfor ratification.


(ii)              Thattheworking group consists of three 3conservative,3 Independent Group and3 non-aligned members plus one person whois not amemberof Maldon district Council.


(Please see accompanying report with Officer response to Member Motion - Five Year Housing Land Supply)


In accordance with notice duly given under Procedure Rule 4 the Council received a Motion from Councillors A S Fluker and K M H Lagan as set out on the agenda.


Councillor Lagan put his Motion as follows:


(i)               That a working group is established to consider the Five-Year Housing Land Supply (5YHLS) and that recommendations from this working group come back to full council for ratification.


(ii)              That the working group consists of three conservative, three Independent Group and three non-aligned members plus one person who is not a member of Maldon District Council.


This was duly seconded.


At this point, Councillor W Stamp advised that she wish to table an amendment to recommendation (ii).


The Chairman then moved recommendation (i) for approval.  This was duly agreed.


Councillor Fluker proposed that the Council agree recommendation (i) but in addition that the Working Group also consider the procedures used by Officers to initially approve and recommend development sites following the call for sites process.  In response the Chairman advised this was not a valid amendment because it changed the notice of motion.  Councillor Lagan confirmed he had agreed to the amendment.


The Lead Legal Specialist and Monitoring Officer advised the Council that he agreed with the Chairman that the proposal from Councillor Fluker was a different Motion as the call for sites was unrelated to the 5YHLS.  Councillor Fluker would need to submit a Rule 4 Motion because it is a completely separate subject. 


Councillor R H Siddall suggested that the matter raised by Councillor Fluker came into the Terms of Reference (ToR) of the Local Development Plan Policy Working Group and perhaps this Working Group could consider those sites.


The Chairman advised that the Council would now move onto recommendation (ii).


Councillor Stamp proposed that recommendation (ii) be amended, and the Working Group consist of four Conservative, four Independent and four non-aligned Members and an independent person.  This proposal was duly seconded.  The Chairman advised that this was a valid amendment.


There were some discussions regarding having an independent person on the Working Group.  A number of Members, including the Chairman highlighted how the Working Group could call witnesses / experts and request evidence from anyone.


Councillor C Swain proposed that in the Terms of Reference the word ‘professional’ be amended to ‘expert’.


The Chairman advised that the Council had agreed that a 5YHLS Working Group be set up.  He then wished to break recommendation (ii) down and populate the Working Group with Members’ nominations and then vote on the independent person.


Following further discussion Councillor Stamp amended her earlier proposal removing the request for an independent person.  This amendment was duly seconded.


In response to a question the Chairman advised that he hoped the Working Group would report to the Council in November 2022.


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


The Chairman then put the amendment in the name of  ...  view the full minutes text for item 225.