Agenda and minutes

The Chairman welcomed everyone to this remote meeting of the Strategy and Resources Committee, 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. 

There were none.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interest or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 – 8 of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interest as soon as they become aware should the need arise through the meeting.)

Councillor M F L Durham declared a non-pecuniary interest as a Member of Essex County Council advising that there were various items pertaining to that authority on the agenda.  He also declared an other pecuniary interest in relation to Agenda Item 7 – Approval to Consult on the Draft Lists of Local Heritage Assets for the Parishes of St. Lawrence, Woodham Walter, Langford and Ulting as his parents owned one of the properties listed, and advised that this was not a pecuniary interest.

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council who were referred to in a number of reports and may be involved in a number of items on the agenda.

At this point Councillor W Stamp advised that Councillor N Skeens would be joining the meeting a little later.

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 Director of Service Delivery, (copy enclosed).

The Committee considered the report of the Director of Strategy, Performance and Governance, updating the following policies and seeking their adoption.  It was noted that the introduction of these policies would provide clear policy requirements as well as meeting the requirements of a recent internal network security audit recommendation.

·                 ICT Acceptable Use (attached as Appendix 1 to the report);

·                 Email and Communications (Appendix 2 to the report);

·                 Information Security (Appendix 3 to the report).

The Lead Specialist: ICT Infrastructure advised that since the Strategy and Resources Committee meeting in October Officers had revised the ICT Acceptable Use and Email & Communications Policies to include additional statements regarding Members.

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

It was noted that this should be a recommendation to the Council for approval of the policies.

During the discussion that ensued, the Senior Specialist: Legal provided further guidance in response to queries raised regarding the policies proposed.  It was agreed that the following amendments would be made to both the Email and Communications and ICT Acceptable Use policies:

·                 Email and Communications Policy: Add to the end of the paragraph ‘Human Rights Act 1988’ on page 4 of this document “Emails are only accessed where this legal justification can be met”.

·                 ICT Acceptable Use Policy: Add to the paragraph ‘Monitoring’ on page 2 of this document “An individual will be advised of any access to their emails within 20 working days, except in circumstance where this would prejudice the grounds on which access was granted.”

RECOMMENDED that subject to the above amendments, the following policies which set out the security requirements that all staff and Members must adhere to when using Maldon IT systems to ensure data security and appropriate use, be reviewed and agreed:

·                 ICT Acceptable Use (attached as APPENDIX 1 to these Minutes);

·                 Email and Communications (APPENDIX 2 to these Minutes);

·                 Information Security (APPENDIX 3 to these Minutes).

Councillor N J Skeens joined the meeting during this item of business.

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

The Committee considered the report of the Director of Service Delivery seeking adoption of a new Planning Enforcement Policy (attached as Appendix 2 to the report).

It was noted that following a question raised at the Council meeting on 16 July 2020, a meeting with the Leader of the Council, Area Planning Committee Chairman Councillor M S Heard and Officers had taken place to discuss the backlog of enforcement cases.  At this meeting it had been agreed that Officers would look at bringing forward options and methods to reduce the backlog, including a review of the current Enforcement Policy (attached as Appendix 1 to the report).

Background information regarding planning enforcement was set out in the report along with the alterations proposed to the Enforcement Policy following its review.  Members were advised it was anticipated that adoption of the new policy would improve the level of service provided.  However in order to meet the targets within the new policy additional staffing resource was required and this had been requested as part of the 2021 / 22 Budget Cycle growth report considered by this Committee on 19 November 2020.  It was noted that this would form part of the budget considered by the Council in February 2021.

The Chairman proposed that the recommendations set out in the report be agreed.  This was duly seconded.

A lengthy debate ensued.  In response to a number of questions and comments the following information was provided:

·                 Ward Members were consulted prior to enforcement notices being served.  The Lead Specialist Place advised he was happy to provide details of number of enforcement notices served in a Ward for Members.

·                 It was noted that the flow chart detailed in Appendix 1 related to current policy and the revised policy (Appendix 2) did not contain this.

·                 Most enforcement cases were confidential in order to protect individuals;

·                 If a complaint had been raised by a Parish Council, Officers would provide the Parish Council with an update on progress.

·                 Although it had been agreed that the Area Planning Committees would not receive regular enforcement reports it was noted that the Chairman of an Area Planning Committee could call a special meeting to discuss planning enforcement, if it was felt appropriate.

In response to a comment made by another Member Councillor C Swain referred to the need for a regular enforcement report.  He proposed that quarterly enforcement reports be made to the Performance, Governance and Audit Committee (PGA), detailing the category of the complaint and the nature of the Council’s response.  This proposal was duly seconded.  In response, the Lead Specialist Place raised some concern regarding what information the report would provide.  Following further discussion, the seconder for Councillor Swain’s proposal withdrew their support.  It was agreed that Councillor Swain would contact the Chairman of the PGA outside of this meeting to suggest that it may be something they wish to bring forward.

The Chairman then put the recommendations as set out in the report and upon a vote being taken  ...  view the full minutes text for item 92.

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 to consult the Draft Lists of Local Heritage Assets for the Parishes of St. Lawrence, Woodham Walter, Langford and Ulting (attached as Appendix 1 to the report).

The report advised of the Planning Practice Guidance which encouraged Local Planning Authorities to identify ‘non-designated heritage assets’ against consistent criteria.  Background information regarding the compilation of these local lists was detailed along with the process if they were approved for public consultation.  It was noted following consultation the local lists would be presented to this Committee for adoption and subsequent publication on the Council’s website.

The Committee received a presentation from the Specialist: Conservation and Heritage outlining the work that had been undertaken in compiling the draft Lists of Local Heritage Assets.  A number of Members expressed their thanks to the Officer for his excellent work.

In response to a question regarding Burnham-on-Crouch the Officer advised that the Local List of Local Heritage Assets for this town were currently in draft and was next on the list to progress.

The Chairman put the recommendation as set out in the report.  This was duly seconded and agreed by assent.

RESOLVED that the Draft Lists of Local Heritage Assets for the Parishes of St. Lawrence, Woodham Walter, Langford and Ulting be approved for public consultation.

Councillor C Mayes left the meeting during this item of business.

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

The Committee considered the report of the Director of Strategy, Performance and Governance seeking adoption of the North Quay Development Brief (a background paper to the report) as a Supplementary Planning Document (SPD) following public consultation.

The report set out the process that had been followed in the creation of this SPD and the recent public consultation exercise that had taken place.  It was noted that the consultation statement was attached at Appendix A to the report and the Strategic Environmental Assessment and Habitat Regulation Assessment Screening Opinion Environmental Report at Appendix B. 

The Strategy Theme Lead: Place presented the report, detailed the result of the public consultation and amendments proposed.  It was noted that a summary of the consultation responses was set out in the report.

The Chairman thanked the Officer for her detailed report and work on the Development Brief and then moved the recommendation as set out in the report.  This was duly seconded.

In response to questions raised the following information was provided:

·                 Quayside Walk – This was an aspiration on the North Quay but could not be achieved due to current land ownership.

·                 Parking - It was noted that existing retail areas provided car parking and any new development coming forward would have to meet adopted parking standards.

·                 Causeway Flood Risk Review –This had been held up due to resource implications that had come about as a result of the COVID-19 pandemic.  However, Members were advised that the review had now been received in draft form.

In response to a query, the Director of Strategy, Performance and Governance advised that this Committee should be recommending to the Council that the Development brief be adopted.  Considering this the Chairman amended his earlier proposal seeking Members agreement to recommend adoption of the Development Brief to the Council.  Upon a vote being taken this was duly agreed.

RECOMMENDED that the North Quay Development Brief be adopted as a Supplementary Planning Document.

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

The Committee considered the report of the Director of Service Delivery presenting the revised design for the Play scheme proposed for Promenade Park (attached at Appendix A to the report) for approval, following public consultation.  The report also sought Members’ approval to progress with procurement of a suitable contractor.

Detailed background information regarding development of the scheme was set out in the report and Appendix B set out the report considered by the Community Services Committee in November 2018.  It was noted that a public consultation on the scheme had been undertaken and the results of this was set out in the report.  Appendix C to the report provided details of the revisions to the design following the public consultation.

The Chairman moved the recommendations as set out in the report.  This was duly seconded.  A number of Members commented on the excellent work done by Officers in developing the scheme which was felt would be an asset to Maldon, Promenade Park and the District as a whole.  Thanks to those Officers involved were given.

During the debate that ensued a number of questions were raised and the Commercial Manager provided the Committee with the following additional information:

·                 The Scheme included a number of specific elements for children with access requirements, such as wheelchair swings.  Members were advised that Officers hoped to further develop the surrounding area and reference to a sensory area was made.  The Commercial Manager agreed to forward details of this to Members.

·                 Investment for a CCTV (closed-circuit television) camera was proposed and if agreed would cover the proposed area and form part of the live contract the Council had with Chelmsford City Council.

·                 The funding of this project had come from allocated Section 106 monies (£52,000 approved in 2017 with a ten-year timeframe) and the capital budget (approved in 2018).

In response to a suggestion that the Council could run a competition to seek ideas for the name of the proposed sensory garden, Members were advised that Officers would take this forward.

In response to a question regarding Riverside Park, Burnham-on-Crouch, Members were advised that proposals were in the budget for the next financial year but the details of these had yet to be approved by Members.

The Chairman put the recommendations as set out in the report and these were agreed by assent.

RESOLVED

(i)              That the revised Garden Play area design proposals (attached at Appendices A and C to the report) be agreed;

(ii)       That Officers proceed with procurement of all elements of the play site and associated works based upon this design via existing supplier Framework agreement.

RESOLVED that the meeting adjourn for a short comfort break at 19:56.

RESOLVED that the meeting resumed in open session at 20:01.

It was noted that Councillor M W Helm was unable to re-join the meeting due to connection issues.

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

The Committee considered the report of the Director of Service Delivery providing an update on the Council’s Disabled Facilities Grant (DFG) programme up to Quarter Two (Q2) 2020 / 21. 

The report provided background information regarding DFGs and the Council’s requirements.  It was noted that there were a number of factors affecting service delivery in 2019 / 20 and 2020 /21 which were set out in the report along with a staffing update.  Performance for the year 2019 / 20 and Quarter One to Q2 of 2020 / 21 were detailed.

The Chairman put the recommendations as set out in the report.  These were duly seconded.

In response to a question regarding DFGs being part of the wider Private Sector Housing objectives the Lead Specialist: Community provided the Committee with further information. 

The Chairman then sought assent on the recommendations set out in the report and these were duly agreed (by assent).

RESOLVED

(i)              That the impact of the ongoing COVID-19 issues on service provision be noted;

(ii)            That the status of the Council’s Disabled Facilities Grant programme up to Quarter Two (30 October 2020) be noted.

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

The Committee considered the report of the Director of Service Delivery seeking consideration and adoption (by the Council) of the draft Document Retention Policy (attached as Appendix 1 to the report).

It was noted that whilst the Council’s current Document Retention Policy was not scheduled for update until 2028 there was a need for it to be updated to reference the provisions of the General Data Protection Regulations (GDPR).  A further change in respect of the retention of Human Resources employment records was also detailed in the report.

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

During the debate, some questions were raised and in response the Senior Specialist: Legal provided Members with additional information which included:

·                 In relation to personal data, the Data Protection Act required that data be destroyed when no longer required.  This mean that unless there was a justifiable reason no end date for such data held was required.

·                 If there were historic documents that Officers felt warranted retention these could be passed onto the Essex Records Office.  The Data Protection Officer often provided advice and guidance in respect of historical documents.

·                 Data Protection training was provided to Officers throughout the year.

Councillor Mrs P A Channer proposed that recommendation (ii) be amended subject to a brief annual report to this Committee reporting on any changes in the retention of documents under the delegated powers.  This proposal was duly seconded.

The Chairman moved the proposals in the report with the amendment to recommendation (ii) and this was duly agreed by assent.

RECOMMENDED

(i)              That the Document Retention Policy, attached at APPENDIX 5 to these Minutes, be approved;

(ii)       That Delegated Authority be given to the Director of Resources, in consultation with the Data Protection Officer to make any operational changes to the retention periods contained within the Policy subject to an annual report to the Strategy and Resources Committee on any changes made.

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

The Committee considered the report of the Director of Strategy, Performance and Governance seeking new appointments of representatives for 202 / 21 to Liaison Committees / Panels, as set out in the report.

In response to a question regarding the Maldon Market Member Task and Finish Working Group, the Director of Strategy, Performance and Governance explained that a number of appointed Task and Finish Working Groups were time limited by their nature.  In respect of this Working Group he suggested that representatives be appointed and at the next meeting such Working Groups would be asked to consider their Terms of Reference and their future scope.

The following nominations were made:

Waste Task and Finish Working Group:

Councillors M F L Durham, K M H Lagan, R H Siddall and Miss S White were nominated to be representatives on this Group.  These nominations were duly seconded.

Car Parking Task and Finish Working Group:

Councillors R H Siddall, C Swain, Mrs M E Thompson and Miss S White were nominated to be representatives on this Group.  These nominations were duly seconded.

Maldon Market Member Task and Finish Working Group:

Councillors M R Edwards, C Swain, Mrs M E Thompson and Miss S White were nominated to be representatives on this Group.  These nominations were duly seconded.

Places for People Liaison Committee:

Councillors M F L Durham and C Swain were nominated to be representatives on this Committee.  These nominations were duly seconded.

Recreational Avoidance and Mitigation Strategy Member Forum:

Councillor K M H Lagan was nominated to be representatives on this Forum.  These nominations were duly seconded.

River Crouch Coastal Community Team:

Councillors R H Siddall and N J Skeens were nominated to be representatives on this Coastal Community Team.  These nominations were duly seconded.

The Chairman then put the nominations received and seconded.  These were duly agreed by assent.

RESOLVED that the following appointments for the remainder of the municipal year be agreed.

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 ???? of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED 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 1 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 Service Delivery, (copy enclosed).

The Committee considered the report of the Director of Service Delivery updating Members and seeking approval of a revised lease agreement for the Millfields Caravan Park at Burnham-on-Crouch.

The report set out background information regarding the development of the Millfields Caravan Park, tendering process completed in 2012, planning conditions applied and a summary of key issues.  Detailed legal advice was also set out in the report along with options for Members’ consideration.

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

During the debate a number of questions were raised, and information provided by Officers in response.  There was some discussion regarding the current and proposed use of the site and Members were reminded that the proposed scheme gave opportunity for the Council to generate income on the site. 

It was noted that the report referred to a cost / base analysis being attached at Appendix 1 to the report, however this was not attached.  In response the Chairman suggested that Members may wish to take this matter to the Finance Working Group with a report back to this Committee in January 2020.  Further debate ensued.

The Chairman advised that as there was currently a proposal (to accept the Officers recommendations) already seconded the Committee would have to consider this and should it be lost then other proposals could be considered. 

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote.  This was duly seconded.  The Chairman put the proposal to accept the Officers’ recommendations and the voting was as follows:

For the recommendation: None.

Against the recommendation:

Councillors Mrs P A Channer, M F L Durham, M R Edwards, K M H Lagan, R H Siddall, N J Skeens, W Stamp, C Swain, Mrs M E Thompson and Miss S White.

Abstention: None.

The motion was therefore declared lost.

The Chairman then proposed that this report along with the missing appendix be considered by the Finance Working Group and a report brought to the next meeting of this Committee.  This was duly seconded.  In accordance with Procedure Rule No. 13 (3) Councillor N J Skeens requested a recorded vote.  This was duly seconded, and the voting was as follows:

For the recommendation:

Councillors Mrs P A Channer, M F L Durham, M R Edwards, R H Siddall, W Stamp, C Swain, Mrs M E Thompson and Miss S White.

Against the recommendation:

Councillor N J Skeens.

Abstention: None.

It was noted that Councillor Lagan had lost connection and therefore did not vote.

The Chairman declared that the recommendation to send the report to the Finance Working Group had therefore been agreed.

RESOLVED that the report of Millfields Caravan Site along with the missing appendix be considered by the Finance Working Group and a report brought to the next meeting of this Committee.

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

The Committee 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).

The report provided background information regarding the 5YHLS to meet the Government’s requirement for Councils to demonstrate that there are sufficient sites available to meet the housing requirements for the next five years.  In addition, the report provided further information on the Council’s 5YHLS position and future work.  The draft Maldon District Council 5YHLS Statement for 2019 / 20 was attached as Appendix 1 to the report.

The Chairman put the recommendations as set out in the report.  This was duly seconded.

In response to a number of questions, the Lead Specialist Place provided Members with further information regarding the Council’s 5YHLS position and how this would affect the defence of planning appeals.  It was noted that the impact of the recent COVID pandemic was outside of the calculation, although the Essex Planning Officers Association had sought some leniency in respect of COVID but this had not been granted at this stage.

Following a comment regarding the proposed Member workshop, the Lead Specialist Place suggested that perhaps two workshops could be arranged, one during the daytime and another in the evening.  This was agreed.

The Chairman put the recommendations with the amendment to hold two member workshops.  This amendment was duly agreed.  The amended recommendations were then agreed by assent.

RESOLVED

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

(ii)       That two Member workshops to be provided (one during the daytime and the other in the evening) for all Members in relation to the lack of a Five-Year Housing Land Supply and decision making.