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 U G C Siddall-Norman, N D Spenceley and M E Thompson.

In accordance with notice duly given it was noted that Councillor J Driver was attending as a substitute for Councillor Spenceley and Councillor S J N Morgan as a substitute for Councillor Thompson.

To confirm the Minutes of the Performance, Governance and Audit Committee held on 7 March 2024 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 7 March 2024 be approved and confirmed.

To note the Matters Arising from the last meeting.

RESOLVED that the matters arising be noted.

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 S J N Morgan declared an interest and advised he was the Chairperson of the Overview and Scrutiny Committee and there was an item of business on the agenda which related to a referral from the Committee.

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 Interim Chief Finance Officer, (copy enclosed).

The Committeeconsidered thereport ofthe Interim Chief Finance Officer and the associated Internal Audit report from BDO LLP, the Internal Audit Annual Plan 2024/25 & Strategic Plan 2023-26 attached at Appendix A to the report.

The Internal Audit Manager presented the report and highlighted the annual plan for 2024 / 25. He explained that each individual piece of work was scoped separately with management. The plan would be reviewed to ensured it prioritised the risks that the Council faced, and any changes would be reported to this Committee. Members’ attention was drawn to page 91 of the agenda pack which set out internal audit charter. In response to a question, the Internal Audit Manager advised that the follow up report, due to be considered at the next meeting of this Committee would provide an update on all actions.

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

RESOLVED that the Committee considered, commented, and approved the Internal Audit Annual Plan 2024/25 & Strategic Plan 2023-26.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves 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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that required this Committee to undertake a quarterly review of the Commercial Strategy performance, as assurance that it was being managed effectively to achieve outcomes set out in the Commercial Strategy 2022-2027. Appendix 1 to the report provided an overview of the Commercial Strategy performance as at the end of Quarter 4 (January to March 2024).

The report provided a summary of any concerns affecting the corporate outcomes or the Commercial Strategy and further detail of these was provided within Appendix 1.

Members were advised that the commercial performance report was being reviewed for 2024 / 25 and as part of this the standalone report to this Committee would cease. Commercial Projects would continue to follow Project Management Office (PMO) governance and these along with Commercial Strategy actions would be monitored quarterly through the Balance scorecard.

In response to a comment, the Assistant Director – Planning and Implementation agree to provide Members with details of when the South Essex Parking Partnership funding was considered and agreed by the Council.

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

RESOLVED

(i)             That Members reviewed the information as set out in Quarter Four 2023 / 24 Commercial Performance report;

(ii)            That Members confirmed they were assured through this review that Commercial Performance was being managed effectively.

(iii)           That the new commercial reporting proposal to be introduced in 2024 / 25 be noted.

To resume the meeting of the Strategy and Resources Committee in open session.

RESOLVED that the meeting resumes in open session at 7:58pm.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources that 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 2023 - 2027. Appendix 1 to the report provided an overview of the Corporate Plan as at the end of Quarter 4 (Q4) (January - March 2024).

The Assistant Director – Programmes, Performance and Governance presented the report to the Committee, advising that of the six priorities, two were on track and four were on track with conditional elements. The report detailed those specific indicators which were at risk of delivery. Appendix 1 to the report provided detailed information relating to individual target levels and an update from Officers on each target.

It was noted that all key performance indicators and targets would be subject to an end of year review, this was to ensure that robustness and validity of corporate performance reporting continued for the next financial year.

In response to questions raised during the debate that followed, Officers provided Members with the following information:

·                Number of organisations supported to improve inclusion and accessibility – It was confirmed that Councillor C Mayes was the Chairman of the Maldon District Dementia Friendly Community group.

·                Deliver One Maldon District, multi-agency partnership action plan – The action plan relating to this indicator covered three years and the percentage shown measured completion of actions across the entirety of the three-year plan. It was confirmed that the Council was on track for year one.

·                Reference to ‘on track’ referred to the Council broadly performing against the priority and the ‘indicators at risk’ column within the table shown in the report provided further detail.

·                Delivery of Promenade Park management plan - The Assistant Director – Customer Services and Operations advised that this work had not been completed by quarter four due to a pause in the project to allow for reassessment. The project had since restarted with a new timetable and delivery plan. She confirmed that the project would be delivered by 31 March 2025 and a timetable which included engagement with Members was being finalised before it was shared.

·                Launch of staff and Members training completed for carbon literacy – Members were advised that following receipt of quotes for this training the Council had decided to develop the training itself which had pushed dates from Q4 into quarter one of the current financial year. The Assistant Director – Place and Community agreed to provide details of Members’ training on this subject outside of the meeting.

·                Delivery of affordable homes – Members were informed that this was an annual target and some affordable housing schemes delivered up front rather than being annualized. The Assistant Director – Planning and Implementation agreed to provide Member with details of affordable housing delivery and buying houses on the open market outside of the meeting.

The Chairperson then moved the recommendations  ...  view the full minutes text for item 115.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources which set out the requirement for this Committee 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. The mitigating action log was set out in Appendix 2.

The Assistant Director – Programmes, Performance and Governance presented her report which covered the period January – March 2024 and advised that between Quarter Three and Quarter Four (Q4) there had been no changes. She drew Members’ attention to risk R3 – Failure to target services / influence partners effectively to support housing needs of increasing aging population and advised that this was recommended for closure. This was due to the Government assessment not prioritising housing need for older people in the same way but gave equal weight to housing risks, this risk would therefore be moved to service level housing work.

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

RESOLVED

(i)             That Members reviewed the Corporate Risk Register in Appendix 1 to the report and provided comment and feedback for consideration;

(ii)            That Members reviewed progress of the Corporate Risk Mitigating actions in Appendix 2and provided comment and feedback for consideration;

(iii)           That Members were assured through this review that corporate risk was being managed effectively;

(iv)           That Members challenged risk where the Committee feels that the Council’s corporate goals may not be achieved.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources updating Members on the actions identified in the 2023 / 24 Annual Governance Statement (AGS).

The report provided background information regarding the AGS which was approved by this Committee on 10 June 2021. An updated action for the year looking forwards was set out in the report.

The Assistant Director – Programmes, Performance and Governance presented the report, advising that this was the final report against the 2022 / 25 AGS actions. She drew Members’ attention to section 3.5 of the report which detailed two actions that had been closed in Quarter 4. In addition, two outstanding actions had been rolled over and were now included within the additional actions identified for the 2023 / 24 AGS.

A brief debate ensued and in response to questions raised by Members, the following information was provided:

·                 Drawn out and link of all policies and their objectives through a review of the Local Development Plan (LDP) - The Assistant Director – Planning and Implementation advised that the target completion date for this work was 2026 and draft policies were currently progressing through the Planning Policy Working Group (PPWG), following the timescales agreed by the Council. At this time the Assistant Director was unable to advise when these policies would be coming forward to the Council.

The Assistant Director reported on some national changes which may come into effect and have an impact the policy review, but these were being monitored by Officers and Members would be advised should they be agreed.

Members were advised that a Member briefing was being arranged to provide opportunity to update Members on the review of policies.

In response to a question, the Assistant Director agreed that a document would be produced detailing the LDP policies, whether they were under review and a timescale for review.

·                Build engagement and information sharing with Parish Councils as part of the Local Development Plan review work – In response to a query regarding the Council’s communication with Parish and Town Councils, specifically in relation to the LDP review, the Assistant Director – Planning and Implementation advised of a letter sent in 2021 to all Parish Council’s with a Neighbourhood Development Plan (NHP) in place, made or under production confirming the decision of Maldon District Council to review the LDP and what this would mean for their NHPs. He provided detail of the content of the letter and advised, if helpful, it could be circulated to Members. He reported that Officers also attended the Maldon District Parish Forum meetings where updates on the LDP review were provided and agreed to circulate the date of the next meeting, which the Chairperson advised she would hope to attend. Following further discussion, the Assistant Director advised he would be happy to issue a formal update to all Town / Parish Councils.

The Chairperson read out the recommendation and proposed it be amended to include an action point that the Assistant Director –  ...  view the full minutes text for item 117.

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

The Committee considered the report of the Director of Service Delivery that provided an update on Health and Safety statistics and activity during Q4 (1 January to 31March 2024. The Assistant Director – Place and Community introduced the report and deferred to the Corporate Health and Safety Manager. The Manager took the Committee through the report advising on the numbers of accidents / incidents and near misses and incidents of unacceptable behaviour during this quarter.

In addition, the report set out a number of health and safety actions and provided an update on their progress. Members were informed that a Senior Manager Group and Safety Action Team had been established with inaugural meetings held. The report also provided further update in respect of system resources, training, fire risk assessments and accident / near miss reporting. The priorities for the next quarter were set out in the report and noted by Members.

In response to a number of questions raised during the debate, the following information was provided by Officers:

·                All frontline staff had received training regarding confrontation and dealing with unacceptable behaviour. The Assistant Director – Customer Services and Operation explained that these incidents reported were extreme and the frustrated, annoyed, angry customers that frontline staff dealt with on a daily basis would not generate an incident report. However, Officers were undertaking a review of the incidents that fell below the reportable level and looking to record these to highlight any lessons learnt, additional support for staff and how they could be avoided. Members were advised that most incidents occurred in the Council’s reception area which was covered by Closed Circuit Television (CCTV). Although the Council did operate a zero tolerance policy staff were mindful of the circumstances that may have brought customers into the Council offices and therefore the reasons for the behaviour. It was noted that staff could escalate an incident at any point.

·                The Health and Safety Manager outlined the procedure should a fire alarm sound at the Council Offices, including how the new sign in procedure would be used to take a roll call at the muster point. It was explained that in respect of those persons not required to sign in on arrival at the Council offices, the reception area was swept by staff on the way out to the muster point and partner organisations had separate arrangements. A test of the new system was planned and would include the use of a tablet / phone by fire marshalls to carry out the roll call.

·                It was noted that the Council’s Waste Contractor was responsible for its own safety and required to record details of any incidents which were then reported to the Council via the regular contract management meetings.

·                In response to a query regarding the incident in a churchyard the Health and Safety Manager advised that he was not aware of any damage caused, just the need for a stone to be repositioned.

There being no further discussion the Chairperson thanked the  ...  view the full minutes text for item 118.

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

The Committee considered the report of the Director of Service Delivery seeking approval of the Maldon District Biodiversity Report – First Consideration (attached as Appendix 1 to the report), prepared to comply with new duties in the Environment Act 2021.

The report provided background information regarding an amendment to the Environment Act 2021 (the Act) which created a new proactive duty for public authorities. National guidance summarised what, under the legislation, public authorities must do to comply and further details were provided in the report. The Maldon District Biodiversity Report was the first baseline report for future biodiversity duty monitoring and compliant with the legislation and guidance.

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

RESOLVED that the Maldon District Biodiversity report – First Consideration 2024 – 2028 (attached as Appendix 1 to the report), be approved.

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 and seeking approval of the Maldon District Infrastructure Funding Statement (IFS) for the financial year 2023 / 24. It was noted that this accorded with the Council’s legal duties to public an IFS by December every year.

The report detailed the funds received and spent by Maldon District Council in relation to S106 planning obligations during the financial year 2023 / 24. The further funding expected in 2024 / 25 was detailed and Members’ assured that the triggers associated with the function of monitoring housing commencements and completions in the District were being closely monitored. Members were reminded where contributions could only be spent and those areas not covered by S106 obligations.

The Head of Service - Planning Policy and Implementation advised that outside of the meeting the Chairperson had raised a query regarding expiry dates on S106s and reported that Officers would be looking a way to report this each year in the same format to ensure nothing was being missed. This would be reported to the next meeting of the Committee. The Chairperson advised that any area of concern would be raised with the Corporate Leadership Team by the Head of Service so Member could take assurance that this was being monitored.

In response to questions raised during the debate, the Head of Service provided the following information:

·                Some monies had been spent on allotments and this included monies sent to Burnham-on-Crouch Town Council for allotments. In response to a specific query from Councillor J Driver regarding Handley Green the Officer agreed to look into this and respond directly to Councillor Driver.

·                Members’ attention was drawn to the spreadsheet at Appendix A to Appendix 1. In response to a query the Head of Service agreed to circulate a filtered version of the spreadsheet showing health. Members were advised what the monies were spent on depended on what was detailed in the clauses in the individual S106s. She then outlined the process followed in respect of health expenditure.

The Chairperson then moved the recommendations set out in the report. This was duly seconded and agreed.

RESOLVED

(i)             That the Committee considered the update on Section 106 planning obligations;

(ii)            That the Maldon District Council Infrastructure Funding Statement for the financial year 2023 – 2024 be approved for publication as set out in Appendix 1 to the report.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources updating the Committee on the delivery of the Maldon District’s UK Shared and Rural England Prosperity Fund (UKSPF) allocations. A supporting document was attached at Appendix 1 to the report and set out the projects delivered via the funding over the three-year period along with their current status.

The Lead Specialist Prosperity presented the report and provided some background detail on the Fund advising that it was part of the UK Government’s levelling-up agenda and would provide £2.6 billion of new funding for local investment by March 2025. As previously reported, Members were reminded that where projects were not being progressed due to feasibility, funding would be reallocated to other existing projects within the investment plan. It was noted that at this current time all of the funding had been allocated to the progression of projects and agreed costs for management and administration.

Following the launch of the Council’s Rural England Prosperity Fund (REPF) in February 2024, 29 applications had been received, 12 approved and the report provided further details regarding these. It was noted that Officers from the Council and the Rural Community Council of Essex (RCCE) would work with grant recipients to ensure their proposed projects progress and were completed before the deadline.

During the lengthy debate that followed and response to a number of questions, the Members were provided with additional information in relation to the following projects:

·                Men’s Shed relocation - The Lead Specialist Prosperity advised that the difference between the original and revised budget was due significant increase in price and demand in the building sector due to economic factors outside of the Council’s control. Since publication of the report there had been discussions to get the figures ratified, procurement route established to enable award of the contract and delivery by 31 March.

·                Lower High Street improvement (Central Area Master Plan) – The Lead Specialist Prosperity reported that the work had been agreed and costed, however there had been a delay with the reengagement of Essex Highways Authority. Members were advised that a reengagement letter had been drafted and the Director of Strategy and Resources would be following up on this with the County Council.

·                District accessibility – Promenade Park and BOC Accessible Play / Sensory Garden – It was confirmed that this project was not related to the Galleon project at Promenade Park which was being funded as part of the Council’s capital programme.

The Assistant Director – Customer Services and Operations explained that in respect of Promenade Park the works being delivered through UKSPF funding related solely to play equipment replacement and phase two of the development would take place the following year and related to the maze and other sensory parts of the garden. It was noted that the Overview and Scrutiny Committee Working Group were due to review the phase two project (not being delivered as part of the UKSPF).

The Chairperson then moved the recommendation set out  ...  view the full minutes text for item 121.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Performance, Governance and Audit Working Group (the Working Group) seeking endorsement of the Audit Committee Self-Assessment that had been completed by the Working Group.

The Assistant Director - Programmes, Performance and Governance introduced the report and advised that following the Finance Peer Review, recommendation by the Working Group and agreement by this Committee a self-assessment review had been carried out and was attached at Appendix 1 to the report. She highlighted four actions that had been recommended as a result of the review and set out at section 3.5 of the report.

The Chairperson proposed that recommendation (iii) be amended to state that a self-assessment review be completed every two years rather than every three years. This amendment was duly seconded and agreed.

The Chairperson then moved the recommendations as set out in the report and duly amendment. This was duly agreed.

RESOLVED

(i)             That the Audit Committee Self-Assessment completed by the Performance, Governance and Audit Working Group (attached as Appendix 1 to the report)be endorsed;

(ii)            That the following actions arising out of the self-assessment, agreed;

·                Conduct a survey of Committee Members to understand expertise available;

·                Training for all Maldon District Council Members on the audit cycle and process;

·                Officers to advise how they might help with handover / succession planning;

·                Chairperson of the Performance, Governance and Audit Committee to be involved in internal audit planning discussions with officers.

(iii)           That a self-assessment review be completed every two years.

To consider the report of the Assistant Director – Place and Community (copy enclosed).

The Committee considered the report of the Assistant Director – Place and Community seeking Members’ approval of proposed amendments to the Scheme of Delegation for the Service Delivery Directorate.

It was noted that following the redistribution of delegated powers within the Service Delivery Director to Assistant Directors, the powers set out in Parts 5, 8, 9 and 10 of the Scheme of Delegation had been reviewed and updated to reflect functional responsibilities in the Place and Community area of the Directorate. The proposed update was consistent with good practice and enhanced the governance arrangements of the Council.

In response to a question whether the proposed change should wait until the structure of the Council was agreed, the Head of Strategy and Resources explained that Environmental Health delegation was unusual as it named individual officers rather than having a general delegation and it was therefore important to ensure this information was up to date.

The Chairperson moved the recommendation as set out in the report, noting that the Committee would be making a recommendation to the Council. This was duly seconded and agreed.

RECOMMENDED that the revised Scheme of Delegation to the Assistant Director - Place and Community and to other Officers in relation to the Council’s public and other licensing functions as proposed and shown at APPENDIX A to these Minutes be agreed.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources seeking Members’ consideration on a proposed change to the Council’s Constitution.

The Director of Strategy and Resource presented the report explaining that the Overview and Scrutiny Committee (O&S) were commending a course of action following its consideration of a wide range of advice and guidance around decision making. The first recommendation was to introduce a constitutional intervention or brake, a deliberate pause in proceedings if a Planning Committee was minded to overturn an Officers’ recommendation of approval. The Director provided further detail regarding how this would work in practice. He explained, if agreed. The second recommendation was the proposed introduction of advanced technical briefings for Members on particularly complex applications. The Director explained this would enable Members to gain better understanding and ask questions outside of the formality of the Committee meeting. The report provided additional information regarding both recommendations.

In response to a question the Director clarified that although the ‘brake’ was in the Council’s current constitution it currently was up to the Chairperson of a Committee whether they applied it or not, the proposed change would require it to always be applied in the circumstances outlined. The Assistant Director – Planning and Implementation provided further detail in respect of applications going out of time and how this would be managed by Officers.

The Chairperson moved the recommendations as set out in the report, noting that the Committee would be making a recommendation to the Council. This was duly seconded and agreed.

RECOMMENDED

(i)             That the proposals for a ‘constitutional intervention or brake’ by way of a deferment, and also for technical briefings / presentations be endorsed;

(ii)            That subject to (i) above the consequential strengthening of the Planning Guidance in the Constitution and also the Operating Protocols of the Planning Committees as detailed in paragraphs 3.2.7 – 3.2.9 and 3.3.4 of the report, be agreed.

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources to appoint to Working Groups of the Performance, Governance and Audit Committee for the ensuing municipal year.

The Assistant Director – Programmes, Performance and Governance presented the report and advised the report should have also requested appointment of two Member representatives to work on the Project and Improvement Management Framework. She requested that Members therefore consider appointment of two Members to this role.

The Chairperson called for nominations to the Working Group set out in the report and the Project and Improvement Management Framework as advised by the Assistant Direct. The following was agreed.

RESOLVED

(i)             That representatives of the Performance, Governance and Audit Committee are appointed to the Working Group as detailed below, for the ensuing Municipal Year;

(ii)            That Councillors J C Stilts and M E Thompson be appointed representatives of the Performance, Governance and Audit Committee to work on the Project and Improvement Management Framework.