Agenda and minutes

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

Apologies for absence were received from Councillors S J Burwood and J C Hughes. In accordance with notice duly given Councillor N J Swindle was attending as a substitute for Councillor Burwood and Councillor A Fittock as a substitute for Councillor Hughes.

To confirm the Minutes of the Performance, Governance and Audit Committee held on 17 July 2025 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 17 July 2025 be approved and confirmed.

To note the Matters Arising from the last meeting of the Committee.

Update on Members completing General Data Protection Regulations (GDPR)

The Chairperson provided an update from the Assistant Director - Resources advising that 12 Members had completed training, and this would be evidenced on the Balance Scorecard for this month. The GDPR Boxphish course completions would be reported to the next meeting of the Committee. In response to a question from the Chairperson, the Chief Executive suggested that an email from the Chairperson of this Committee and himself be sent to all Members as a gentle reminder to complete outstanding GDPR training.

Infrastructure Funding Statement

The Chairperson requested a further update on this matter arising from the meeting on 16 June 2024. In response Officers agreed to provide an update to the next meeting of the Committee.

Plan for the Audit of the Accounts for the Financial Year 2024 / 25

The Chairperson asked the Chief Finance Officer to provide an update on the Leisure Contract to a future meeting of the Committee as it was important for the Committee to scrutinise this contract which she described as high risk to the Council.

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).

There were none.

To receive the views of 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).

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

No requests had been received.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive which set out how the Corporate Performance Framework required the Committee to undertake a quarterly review of the Thematic Strategies performance, as assurance that performance was being managed effectively to achieve the corporate priorities as set out in the Council’s Corporate Plan 2025 - 2028. Appendix 1 to the report provided an overview of the Corporate Plan as at the end of Quarter One (Q1) (April - June 2025).

It was reported that work was progressing positively with the performance delivery of the corporate plan on-track and although there were some conditional elements these were not currently of concern.

Following presentation of the report by the Chief Executive, Members discussed the report in dept and in response to questions raised, the following information was provided:

·                Total number of subscribers to business communication channels – In response to a question regarding newsletters being read, the Assistant Director: Strategy, Partnerships and Communication advised that the Council encouraged people to sign up at every opportunity but was unable to influence whether a person read a newsletter or not. She explained that through marketing methods the target could be met, although additional funding would allow use of push campaigns, algorithms and other options to guarantee a higher response.

In response, the Chairperson proposed that the Assistant Director and her team met with the Chief Finance Officer and Chief Executive to discuss increasing budget levels. This proposal was duly seconded and agreed.

·                The majority of physical and mental health activities took place in winter months, through the Council’s partnerships. It was confirmed that funding had been received from Essex County Council.

·                Support progress of Electric Vehicle (EV) charging – In response to a requestion regarding tracking this, the Assistant Director - Place and Community confirmed that there was a roadmap for the charging infrastructure, some of which was left by the Council and some by Essex County Council (ECC). The Assistant Director advised she would check this information and advise Members accordingly. The Chairperson advised that she would also speak to Councillor Stilts as she had been dealing with ECC as well. The Chief Executive suggested that Officers produced a short briefing, detailing the timescales, and funding.

·                Affordable Housing units secured through planning policy – Members were advised that there were individual Key Performance Indicators regarding this, and the Council was working with third parties and registered providers, through the Council’s Working Groups, with regards to securing affordable housing.

In response to a question regarding the missing data, Members were advised that although monitored this was reported on a six-monthly basis. It was agreed that Officers would discuss this with the performance team to look at presenting future reports differently to make this clearer. A Member requested additional details in future reports to identify the extent supply of houses against the number on the waiting list, the Chairperson advised that this would be noted.

The Assistant Director: Planning and Implementation confirmed that reference to 2014 was  ...  view the full minutes text for item 249.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive which set out the requirement for it to undertake a quarterly review of the Corporate Risk Register as assurance that corporate risks were being managed effectively. A table of the Corporate Risk Register latest ratings and Officer commentary was attached as Appendix 1 to the report.

It was reported that the risk rating for Risk 4 – Damage caused to the Council’s reputation associated with delays to planned infrastructure delivery in the District by third parties which was due to mitigate approved development, had been decreased based on risk policy grading guidance. Closure of Risk 11 – Uncertainty of the cost of living crisis impacts was recommended due to there now being more national economical certainty and the continuation of any impact being managed within the services.

During the discussion that ensued, the following risks were discussed and information provided by Officers:

·                Risk 4 – Damage caused to the Council’s reputation associated with delays to planned infrastructure delivery in the District by third parties which was due to mitigate approved development: A number of Members expressed concern regarding this risk being reduced, acknowledging that although the Council didn’t have direct responsibility for infrastructure the public’s perception would directly impact on the Council. In response, the Assistant Director – Planning and Implementation noted the comments and agreed that future commentary of this risk would include any communications to identify where the Council was lobbying other organisations such as chasing delivery of the Heybridge health centre. Officers would also ensure that the Council’s communications team were aware of these.

Members were advised that decreasing this risk was a result of the recently approved updated Risk Management Policy and the method contained within it. In response to a suggestion from the Assistant Director, the Chairperson requested that Officers discuss with the Assistant Director – Programmes, Performance and Governance whether the outcome of this risk changing may need reflecting in the Policy and its method, rather than the risk itself.

·                Risk 6 – Failure to meet the affordable housing need: The figures relating to this risk were queried as the Council’s housing register supply appeared to be good, when comparing with other Essex councils. The Assistant Director – Place and Community explained that this risk related to the volume of people on the housing register verses the amount of available property. The Assistant Director agreed to discuss the comments raised with the Housing Team to see if there was a more accurate way of reflecting this Risk.

There was some discussion about the need to have Key Performance Indicators relating to this risk in order to promote how well the Council was performing against it. It was commented that the risk itself would always be a high level risk due to its potential impact to residents and the key was having a performance indicator to show how the Council was meeting its targets. Further to the discussion, the Chairperson advised that Officers  ...  view the full minutes text for item 250.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive updating Members on the actions identified in the Annual Governance Statement (AGS).

Members were reminded that this Committee had approved the AGS in its current format on 10 June 2021. The Chief Executive presented the report which provided a progress update against key actions defined in the AGS along with Officer comments for Members’ consideration.

In response to a request from the Chairperson, Councillor N D Spenceley provided the Committee with a verbal update following the last meeting of the Parish / Town Council Forum which he had attended. This had included a presentation from the Assistant Director - Strategy, Partnerships and Communications regarding Devolution and Local Government Reorganisation, along with external presentations, including an update on transport. In response to a question he confirmed that Connects were in attendance and he would share their contact details.

In response to a question regarding the Decision-Making Accountability methodology work and the commentary provided in the report, Members were advised that the commentary provided didn’t wholly relate to this work. The Assistant Director – Planning and Implementation advised that the Planning and infrastructure Bill was still progressing through Parliament and the Council was awaiting the regulations. He noted that the Council had responded to the consultation and were waiting feedback and the outcome of that.

The Chairperson then put the recommendation which was duly agreed by assent.

RESOLVED that the Committee reviewed the Annual Governance Statements table and updates set out in the report.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive reporting any exceptions to operational service reporting for the Committee to review and discuss. This report sought to meet the Corporate Performance and Governance Framework requirement for this Committee to be provided with details of any identified Balance Scorecard Key Performance Indicators (KPIs) that had met their threshold, supported by an action plan to ensure targets were met. This would then give assurance that operational performance was being managed proactively and effectively.

The Chief Executive drew Members’ attention to the areas of operational performance where exceptions were evident, which included both under and overperformance. The report identified two KPIs where closer monitoring was taking place and gave explanation for this, and further performance data was set out in appendix 1 to the report.

In response to a question regarding the Sickness Levels KPIs the Assistant Director - Customer Services and Operations advised that although the Council had a number of absences, including some long term it was very proactive in the way it worked to support staff and applied early intervention along with additional support, referral to occupational health, adjustments etc. where needed.

The Assistant Director – Planning and Implementation provided an update in respect of Planning Performance, reporting that general performance in a number of areas had increased. It was noted that current staffing levels and changes in staff had resulted in a reduction in some performance measures. The Assistant Director advised that ongoing investment in the Planning Service would be required for levels to be improved or maintained.

In response to a comment regarding non-determination of Planning Applications, the Assistant Director advised that this was always a risk, however the Council sought to mitigate this and there were a number of factors which influenced the determination of planning applications within the Governments’ required target, such as timely responses from statutory consultees. The Council managed this through a number of methods, but the Assistant Director highlighted that the Council could only mitigate the elements within its control.

The Chairperson moved the recommendations set out in the report which were duly agreed.

RESOLVED

(i)             That the Committee reviewed and commented on exceptions to service reporting provided in the report;

(ii)            That Members noted the additional performance detailed in Appendix 1 to the report;

(iii)           That Members confirmed they were assured through this review, that operational performance was being managed effectively.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed).

The Committee considered the report of the Assistant Director – Planning and Implementation providing Members with an update on the monitoring of Section 106 (S106) planning obligations. The report also sought approval of the Maldon District Infrastructure Funding Statement for the financial year 2024 / 25 (attached as Appendix 1 to the report) in accordance with the Council’s legal duties to publish an Infrastructure Funding Statement (IFS) by December each year.

The report detailed the addition funding the Council was expecting to be paid by developers for specific infrastructure requirements across the District and how the specific triggers to collect the funding associated with the S106 agreements were being monitored along with the process followed once they were met. A table within the report set out the present position regarding all funding. It was noted that S106 contributions could only be spent on new facilities or improvements to facilities where new development had, at least in part, contributed to the need for that facility or will have an impact on existing facilities.

In response to the debate and comments raised Members were advised that of the £1.8m S106 monies to be spent the majority of this was health money. The NHS were aware of what had to be spent and by when, but Officers were unable to make them spend the money and if the NHS went over the claw back period the monies would have to be returned to the respective developers. The Head of Service – Planning Policy and Implementation advised that the Council had a tracker for all potential projects and met with the NHS every six weeks during which these were reviewed to try and ensure that claw back periods were not exceeded.

The Assistant Director highlighted how Officers had been taking part in Maldon summits, which were a collaboration between Essex County Council, the NHS and Maldon District Council. At these meetings, the spend of S106 monies was always on the agenda. He highlighted that although the Council’s role was more of a custodian in respect of the monies, Officers did collaborate with other colleagues to ensure monies were spent. The Head of Service highlighted that the remaining monies related to two main areas; youth facilities (being managed by the Council) and health (managed by the NHS) and agreed that any pressure to ensure spending of those health monies would be beneficial.

In response to further comments from Members, the Chief Executive advised that he met regularly with Tom Abell, Chief Executive of the Mid and South Essex Integrated Care Board and would ensure this matter was added to the agenda for their next meeting. He also agreed that a letter would be sent from the Council to the NHS to encourage spending of the S106 monies relating to health.

The Chairperson then put the recommendations set out in the report. This was duly seconded and upon a vote being taken agreed.

RESOLVED

(i)             That the Committee considered the update on Section 106 planning obligations;  ...  view the full minutes text for item 253.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive updating Members on the progress of the UK Shared and Rural England Prosperity Funds (UKSPF) for the allocation period 2025 / 26.

Members were reminded that the Chanceller had confirmed the continuation of UKSPF for a further year, allowing local authorities to invest in local growth, in advance of wider funding reforms. The Council on 3 April 2025 had approved the proposed projects to be delivered and granted delegated authority to the Chief Executive, in consultation with the Leader of the Council, Chairperson of the Strategy and Resources Committee and Ward Members to identify projects for delivery.

The Council had submitted its forecast spend, outputs and outcomes for 2025 / 26 to the Ministry of Housing, Communities and Local Government (MHCLG) who had confirmed acceptance of the submission. It was noted that of the £738,369 funding £98,408.37 actual spend had been incurred and Appendix 1 to the report provided a progress update on the individual projects.

Members were advised that Officers would continue to deliver the projects over the funding period, submitting the required MHCLG returns, as required. Further progress updates would be reported to the Performance, Governance and Audit Committee throughout the municipal year.

The Chairperson put the recommendation set out in the report. This was duly seconded and agreed.

RESOLVED that the Committee acknowledged the update provided on Maldon District’s UK Shared and Rural England Prosperity fund allocations for 25 / 26 and continues to monitor the delivery.

To consider the report of the Deputy Chief Executive, (copy enclosed).

The Committee considered the report of the Deputy Chief Executive that provided an update on Health and Safety statistics and activity during Quarter One (Q1) 1 April to 31 June 2025.

The report provided details of accident, near miss, hazard and unacceptable behaviour reporting and actions as a result of these. Additional health and safety improvements were continuing and the improvements made within Q1 were detailed. Updates in respect of system resources, training, fire risk assessment, policies and procedures and health and safety inspections were set out in the report. The priorities for the next quarter were also detailed and noted by Members.

The Assistant Director - Place and Community presented the report, highlighting events reported by the Council’s first aiders and shown in grey within the table set out in the report. The Assistant Director thanked Officers for being proactive and providing medical assistance to members of public.

In response to a question raised regarding the layout of the council chamber, the Assistant Director reported that this was being actively looked at along with other plans for the chamber.

The Chairperson put the recommendations to the Committee, and these were duly agreed.

RESOLVED

(i)             That Members considered the accident and incident statistics and incidences of unacceptable behaviour reported;

(ii)            That Members considered progress of key health and safety themes (as per Section 3.2 – Health and Safety Actions of the report).

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive presenting a reference and recommendation from the Overview and Scrutiny Committee (O&S) to this Committee.

The Corporate Governance Project Officer presented the report, advising how at its meeting on 4 September 2025 the O&S had considered reports from its Working Group on two scrutiny reviews of a planning nature. In conclusion of both reviews the Working Group recommended that a revised and strengthened Planning Appeals Protocol be adopted and included in the Council’s Constitution. These recommendations were accepted by the O&S for reference to this Committee.

The report set out the amendments that had been made to the Planning Appeals Protocol and a revised version was attached at Appendix A to the report.

A lengthy debate ensued, during which Members commented and asked questions of the Officers present, and in response the following information was provided:

·                There would be training for all Members. The Member Training Working Group were recommending that a planning appeals training skills workshop be held for all Members. Part of the training would include carrying out this updated Protocol. Training and upskilling for Planning Committee Chairpersons was also being planned.

·                The Chairperson and Vice-Chairperson of Planning Committees had, along with Officers, received training on the Constitutional Brake. The Assistant Director – Planning and Implementation invited any Planning Committee Chairperson or Vice Chairpersons to contact him should they feel they require further training.

In response to a query regarding the process and recommendation coming forward, the Corporate Governance Project Officer provided further background information regarding the two scrutiny requests, review of them and the recommendation coming forward. He explained that as this was a potential Constitutional change it required approval by this Committee.

The Chairperson put the recommendation set out the report. This was duly seconded and agreed. Councillor U G C Siddall-Norman requested that her vote against the recommendations be recorded. At this point, the Chairperson confirmed that this would be a recommendation to the Council.

RECOMMENDED that the Council endorses the revised and strengthened version of the Planning Appeals Protocol (attached as APPENDIX 1 to these Minutes), and adopts it for inclusion in the Council’s Constitution.

To consider the following recommendation to this Committee coming forward from the Overview and Scrutiny Committee meeting on 4 September 2025:

“that the Performance, Governance and Audit Committee consider reviewing Planning Enforcement as part of its performance monitoring.”

The Overview and Scrutiny Committee has suggested Enforcement data is monitored as part of the Council’s performance reports, following a watching brief item they have, and with concerns around resource in the area.

The Chairperson referred to the agenda and a recommendation coming forward from the Overview and Scrutiny Committee (O&S), following its meeting on 4 September 2025, that this Committee consider reviewing Planning Enforcement as part of its performance monitoring.

The Corporate Governance Project Officer advised the Committee that Planning Enforcement had been on the O&S workplan as a watching brief for a while. When reviewed at the last meeting, it was felt more appropriate for performance of this to be monitored by this Committee which is why the request was coming forward.

In response to further comment, the Chief Executive suggested that Officers take this request away and report back to the next meeting of this Committee as to whether Planning Enforcement could be added as a Key Performance Indicator. He clarified that the agenda item was seeking the Committee’s agreement that they would be prepared to have this as a measurement within the performance monitoring report.

The Chairperson then proposed that this matter be deferred to allow further consideration and reported back to the next meeting of this Committee for decision. This was duly agreed.