Agenda and minutes

Statutory Annual Council - Thursday 18th May 2023 7.30 pm

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

Contact: Committee Services  Email: committee.clerk@maldon.gov.uk

Note: Moved from 11 May 2023 

Media

Items
No. Item

1.

Election of Chairman

To elect the Chairman of the Maldon District Council for the ensuing municipal year.

Minutes:

The Chairman called for nominations for Chairman of the Maldon District Council for the ensuing municipal year to May 2024.  Councillor W Stamp thanked the outgoing Chairman, Mr R G Boyce MBE for his hard work and proposed that Councillor K M H Lagan be elected as Chairman of the Maldon District Council.  This was duly seconded by Councillor J C Stilts.

 

There being no other nominations it was:

 

RESOLVED that Councillor K M H Lagan be elected Chairman of the Maldon District Council for the ensuing Municipal Year.

 

IN THE CHAIR: COUNCILLOR K M H LAGAN

2.

Chairman's Statutory Declaration of Acceptance of Office

Chairman to make the Statutory Declaration of Acceptance of Office.

Minutes:

Councillor K M H Lagan made the Statutory Declaration of Acceptance of the Office of the Chairman of the Council.

 

The Chairman honoured the outgoing Chairman and Vice-Chairman for the work and commitment they had given to the community over the recent decades.  He referred to the honour of being elected thanked Members for electing him to this position.

3.

Chairman's notices

Minutes:

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

 

The Chairman advised that under Procedure Rule 4(8)3 the requirement to stand in the chamber would be optional.

4.

Appointment of Vice-Chairman

To appoint the Vice-Chairman of the Maldon District Council for the ensuing municipal year.

Minutes:

The Chairman proposed that appointment to the role of Vice-Chairman of the Maldon District Council be deferred.  This was duly seconded and agreed.

5.

Apologies for absence

Minutes:

An apology for absence was received from Councillor S White.

6.

Disclosure of Interest

To disclose the existence and nature ofany Disclosable Pecuniary Interests, Other Registrable interests andNon-Registrable Interestsrelating to itemsofbusiness onthe agenda having regard toparagraph 9 and AppendixB of theCode of Conduct forMembers.

 

(Membersare remindedthat they arealso required todisclose any suchinterests assoon as they become awareshould theneed arise throughout the meeting).

Minutes:

There were none.

7.

Minutes - 30 March 2023 pdf icon PDF 265 KB

To confirm the Minutes of the meeting of the Council held on 30 March 2023, (copy enclosed).

Minutes:

RESOLVED

 

(i)                that the Minutes of the meeting of the Council held on 30 March 2023 be received.

 

Minute 12 – Update on the Customer Strategy and One Maldon District Community Hub

 

The Chairman advised that the first bullet under paragraph four of this Minute should be amended as follows:

It was explained that although a hub at the Council Offices was not being provided at this time, Officers were working on a phased approach and a virtual hub was initially proposed to ensure that partners commitments etc. were understood.  Some Members’ expressed concern that regarding this.

 

This was duly agreed.

 

RESOLVED

 

(ii)              that subject to the above amendment, the Minutes of the Council meeting held on 30 March 2023 be approved and confirmed.

8.

Public Questions

To receivequestions from members ofthe public,ofwhich priornotification in writinghas beenreceived (no later than noon onthe Tuesdayprior to the date of the meeting).

Minutes:

There were none.

9.

Chairman's Announcements

Minutes:

The Chairman proposed that due to ongoing discussions, the following items of business be deferred to an extraordinary meeting of the Council which would take place on Thursday 8 June 2023.

 

At this point and with the agreement of the Chairman, Councillor W Stamp read out a short statement and asked if 15 Members of the Council would join her to form an administration rather than leave the Council in limbo at such an important time.  She commented on the lack of an agreement between Group Leaders and how residents were being let down.

 

In response the Chairman advised that he had taken advice from the Monitoring Officer and although the Council could agree with Councillor Stamp’s statement the proposal was not valid at this time.

 

Councillor A S Fluker also spoke regarding the proposed extraordinary Council meeting on 8 June, highlighting the need to communicate with Members and resolve the situation quickly.  In response to a comment, Members were advised that meetings between Group Leaders had been informal and it was up to those Leaders to share relevant information with their respective Members.

 

The Chairman then returned to his earlier proposal highlighting the following items, along with the Appointment of Vice-Chairman which he was proposing be deferred to an extraordinary meeting of the Council on 8 June 2023:

 

·                  Item 13 – Leaders and Composition of Political Groups;

 

·                  Item 14 - Appointment of Membership of Appointment of Committees of the Council, with the exception of the Licensing, District Planning and Area Planning Committees;

 

·                  Item 15 - Adjournment of meeting for special meetings of Committees

 

·                  Item 18 – Appointment of Representatives to Local Government and Outside Bodies

 

·                  Item 19 – Appointment of Members to serve on Working Groups of the Council.

 

This proposal was duly seconded and agreed.by assent.

 

RESOLVED that the following items of business be deferred to an extraordinary meeting of the Council on 8 June 2023:

 

·                  Item 4 – Appointment of Vice-Chairman;

 

·                  Item 13 – Leaders and Composition of Political Groups;

 

·                  Item 14 - Appointment of Membership of Appointment of Committees of the Council, with the exception of the Licensing, District Planning and Area Planning Committees;

 

·                  Item 15 - Adjournment of meeting for special meetings of Committees

 

·                  Item 18 – Appointment of Representatives to Local Government and Outside Bodies

 

·                  Item 19 – Appointment of Members to serve on Working Groups of the Council.

 

The Chairman then invited Mr Stephen Nunn (outgoing Vice-Chairman) to present long service certificates to the following outgoing Members who had served the Council for over 30 years:

 

·                  Bob G Boyce MBE;

 

·                  Richard P F Dewick;

 

·                  Penny A Channer;

 

·                  Brian S Beale MBE.

10.

Minutes of Meetings of the Council

To note that since the last meeting of the Council, up until Wednesday 10 May 2023 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

 

Overview and Scrutiny Committee

28 March 2023

South Eastern Area Planning Committee

12 April

Central Area Planning Committee

19 April

Appointments Board

25 April

 

Minutes:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 10 May 2023 for which Minutes had been published.

11.

Questions in accordance with Procedure Rule 6 (2) of which notice has been given

Minutes:

There were none.

12.

Appointment of Membership of Committees of the Council

To appoint Members to serve on Committees, as required by Procedure Rule 15.  (Report of the Director of Strategy, Performance and Governance on the nominations from the Leaders of all Groups to the places allocated to their respective Groups, copy to follow.)

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance, circulated prior to the meeting, to appoint serving Members to the Licensing, District and Area Planning Committees for the Municipal year to May 2024.

 

The Chairman moved recommendations (i) - (iii) as set out in the report, drawing Members’ attention to recommendation (ii) in the report and Appendix A which detailed nominations received.  The proposal was duly seconded.

 

Councillor S J N Morgan advised that in respect of the Licensing Committee Councillor W J Laybourn had stood down and he would be replacing her as one of the nominated Members from the Conservative Group.  This was duly noted.

 

The Chairman advised that nomination of a non-aligned Councillor was required for the Licensing Committee.  Councillor A M Lay advised that following discussion between the three non-aligned Members he would be the nominated Councillor.

 

The Chairman then put the recommendations to the Council with the amendments to the proposed Licensing Committee Members and upon a vote being taken these were duly agreed.

 

RESOLVED

 

(i)                The allocation of seats on the following Committees be approved:

 

Committee

Membership

Licensing Committee

Councillors    M G Bassenger

J Driver

M F L Durham CC

L J Haywood

A M Lay

S J N Morgan

N D Spenceley

E L Stephens

J S Stilts

M E Thompson

District Planning Committee

All Members of the Maldon District Council

Central Area Planning Committee

Councillors    S J Burwood

J Driver

K Jennings

K M H Lagan

A M Lay

N R Miller

N G F Shaughnessy

N D Spenceley

P L Spenceley

J C Stilts

N J Swindle

North Western Area Planning Committee

Councillors    M F L Durham CC

J C Hughes

S J N Morgan

C P Morley

R H Siddall

E L Stephens

M E Thompson

S White

L L Wiffen

South Eastern Area Planning Committee

Councillors    M G Bassenger

V J Bell

D O Bown

T Fittock

A S Fluker

L J Haywood

W J Laybourn

M G Neall

R G Pratt

U G C Siddall-Norman

W Stamp CC

 

(ii)              That Members note the Chairperson’s job description attached at Appendix B to the report.

13.

Five-Year Housing Land Supply pdf icon PDF 142 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance setting out the Council’s Five-Year Housing Land Supply (5YHLS) position for publication.

 

The report provided background information regarding the Council’s agreed Working Group Terms of Reference to examine the 5YHLS methodology along with the work undertaken by the Working Group.

 

Members were advised that present methodology of the 5YHLS was robust and remained unchanged with the following exceptions:

 

·                  The Council would use the National Standard Methodology for calculating the housing need of the District until such time as a review of the Local Plan was submitted to the Planning Inspectorate.

 

·                  The undersupply had been removed from the calculations of the 5YHLS in line with using the Standard Method for calculating housing need.

 

·                  The slippage rate had been removed from the 5YHLS calculations but would remain under review year on year.

 

The Chairman moved the recommendations as set out in the report.  This was duly seconded and agreed.

 

RESOLVED

 

(i)                That the briefing paper attached as Appendix A to the report and its accompanying spreadsheets provides evidence that the Council can demonstrate a supply of specific deliverable sites sufficient to provide for 6.35 years’ worth of housing against the Council’s identified housing requirements.

 

(ii)              That the Five-Year Housing Land Supply position be approved and published on the Council`s website.

14.

Annual Report of the Overview and Scrutiny Committee pdf icon PDF 115 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance presenting an annual update on the activities of the Overview and Scrutiny Committee.

 

The annual report for 2022 / 23 had been agreed by the Overview and Scrutiny Committee at its last meeting and was set out in Appendix 1 to the report.  It was noted that the annual reporting arrangements ensured a degree of accountability to the Council.

 

The Chairman invited Councillor P L Spenceley, as Vice-Chairman of the Committee during this period to present the report to the Council.  Councillor Spenceley outlined some of the work that had been undertaken by the Committee over the last year and the decisions taken by the Council as a result of recommendations coming forward from the Committee.  It was noted that there were some items where work was outstanding and Councillor Spenceley hoped would be taken forward by the new Committee when it convened.  She thanked Members of the Overview and Scrutiny Working Group and hoped that the Council continued to take scrutiny seriously going forward.  Councillor Spenceley moved that the recommendation as set out in the report and this was duly seconded and agreed.

 

The Chairman thanked Councillor Spenceley and all Members of Working Groups (past and present) who had put so much passion and commitment into improving the Council’s processes.

 

RESOLVED that the annual report of the Overview and Scrutiny Committee for 2022 / 23 be accepted.

15.

Review of Members Special Responsibility Allowances pdf icon PDF 118 KB

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

Additional documents:

Minutes:

The Council considered the report of the Director of Strategy, Performance and Governance presenting recommendations from the Independent Remuneration Panel (IRP) on Special Responsibility Allowances (SRA) for review and approval. 

 

Members had previously requested that current SRAs were received to ensure they were fairly applied and consistent with other Local Authorities.  It was noted that the IRP had met on 17 February 2023 to review the data and as a result had provided a number of recommendations (set out in Appendix 1 to the report).  The Appendix also provided details of the IRP findings and decisions governing the suggested amendments.

 

Councillor W Stamp advised she did not agree with the proposed reduction to the SRA paid to the role of Overview and Scrutiny Committee (O&S) Chairman.  She proposed that none of the changes be agreed.  This was duly seconded. 

 

A debate ensued.  Councillor R H Siddall proposed that the Vice-Chairman of O&S should receive an allowance of 25% to reflect the importance of this role.  Councillor M E Thompson proposed that the allowance for the Vice-Chairman of the Council be increased to 25% given the work undertaken by this role.  These proposals were not seconded.  In response to a question regarding the District Planning Committee being a Committee of the Council, not the Council sitting and should therefore have its own Chairman and appropriate allowance, the Chairman advised that he would adjourn the meeting to allow Officers to check the Terms of Reference.

16.

Adjournment of the Meeting

Minutes:

RESOLVED that the Statutory Annual meeting of the Council be adjourned at 20:06 to allow the District Planning Committee Terms of Reference to be checked.

17.

Resumption of Business in Open Session

Minutes:

RESOLVED that the Statutory Annual meeting of the Council resume in open business at 20:17.

18.

Review of Members Special Responsibility Allowances (continued)

Minutes:

The Chairman advised that there was nothing in the Council’s Constitution to state that the Chairman of the Council was the Chairman of the District Planning Committee.  He advised that the Council needed to vote on the Motion tabled.

 

Councillor A S Fluker expressed concern regarding the report from the Independent Remuneration Panel and drew particular attention to allowances for Vice-Chairmen of the main Committees.  He proposed that the Council reverse the Members basic allowance back to where it was to show to the public that the Council was trying to close its budget deficit and not spending money on Members.  The Chairman advised that this report was not discussing the Members’ basic allowance and referred to the recommendation on the table, duly seconded.

 

Following further discussion, the Chairman moved the proposal in the name of Councillor Stamp that the roles and remunerations remain the same.  Upon a vote being taken this was duly agreed.

 

RESOLVED that the roles and Special Responsibility Allowances remain unchanged.