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 Dodsley, K M H Lagan and J C Stilts.

In accordance with notice duly given, it was noted that Councillor W Stamp was attending as a substitute for Councillor Lagan.

To consider the Minutes of the Strategy and Resources Committee held on 12 June 2025 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 12 June 2025 be approved and confirmed.

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 Assistant Director: Planning and Implementation, (copy enclosed).

The Committee considered the report of the Assistant Director – Planning and Implementation seeking Members’ consideration of the Building Control Policy and Procedures 2025 – 2028.

The report provided background information on the duty placed on Local Authorities by the Building Act 1984 and the requirements placed on people carrying out restricted building control functions by the Building Safety Act 2022.

It was noted that the Council’s Internal Auditors (BDO) had carried out an Internal Audit to review the Council’s Building Control function against the new legal duties and Building Safety Regulator (BSR) processes. The report set out the findings and noted that some areas of concern identified had been reported to the Performance, Governance and Audit Committee on 5 June 2025 with several improvement actions identified by management. The proposed Policy and Procedures had been updated in response to the findings and agreed management responses.

The Head of Service: Development Management and Building Control presented the report and highlighted the key points. He advised that reference in paragraph 3.4 of the report to 3.4 FTE (Full Time Equivalents) was incorrect and at the present time this should read 2.7 FTE however, would shortly be reducing to 1.7FTE. However, vacant posts were being advertised, and agency cover in the short term being arranged.

In response to a question the Head of Service explained that the recent Internal Audit of the Building Control Service had found it was performing well. It was noted that there were some issues around communications, the policy document and fees, which Officers were addressing and moving forward higher services around these areas was being sought.

Councillor W Stamp referred to Building Control having recently been discussed by the Performance, Governance and Audit Committee and she highlighted that the Minute reference in paragraph 3.6 of the report should state ‘Minute No. 65’. In response the Deputy Chief Executive advised that following the recent Building Control Audit a number of actions had been identified and the Council was working through them. This Policy was being brought forward in response to one of those actions and the updated policy now reflected procedures being carried out along with covering recent changes to legislation.

Councillor Stamp proposed an amendment to recommendation (ii), that any changes be brought back to this Committee for noting, advising that this would ensure that Members were aware of changes coming forward to legislation. This amendment was duly seconded.

The Chairperson then moved the recommendations as amended and upon a vote being taken these were duly agreed.

RECOMMENDED

(i)             That the Building Control Policy and Procedures 2025 - 2028 attached at APPENDIX 1 to these Minutes, be approved.

(ii)            That the Assistant Director – Planning and Implementation be granted delegated powers to amend the Building Control Policy and Procedures 2025 - 2028, in consultation with the Building Control Team Manager, as and when required, to ensure they remain up to date and functional and any changes are reported to the Strategy and Resources Committee for noting.

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

The Committee considered the report of the Deputy Chief Executive presenting for approval the Council’s revised Health and Safety Policy (Appendix 1 to the report) and Statement of Intent, as required by the Health and Safety at Work etc. Act 1974.

The Deputy Chief Executive presented the report and advised that the Health and Safety Policy (the Policy) had been updated in accordance with legislation and included the Council’s Statement of Intent which would set the direction for health and safety activities, their management and governance at the Council for the next year.

Members were reminded that the Policy had been considered by the Committee at its meeting on 23 January 2025 and in response to minor amendments suggested consultation with Members’ Health and Safety Representatives had taken place in April and May 2025. The Policy at Appendix 1 had been updated to incorporate these amendments.

Councillor J R Burrell-Cook proposed that the first paragraph of the Policy be amended as follows:

·                Reference to ‘we are fully committed to ensuring the health, safety and well-being of all our employees’ should reference the Health and Safety Executive’s best practice HSG65.

·                Reference to ‘we will do everything reasonably practicable to create a safe and supporting working environment’ should be reworded to reflect the wording within the Health and Safety at Work Act to ‘so far as is reasonably practicable’.

The Chairperson moved the recommendations subject to the above amendments to the Policy. This was duly seconded and agreed by assent.

RECOMMENDED

(i)             That subject to the above amendments, the revised Health and Safety Policy, attached as APPENDIX 2 to these Minutes, and Statement of Intent be adopted;

(ii)            that the roles and responsibilities of the Leader of the Council, Committee Members and key staff be noted;

(iii)           that the annual review period be noted.

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

The Committee considered the report of the Deputy Chief Executive seeking Members’ approval to purchase a 7.5 tonne vehicle for the collection of garden waste from properties on the Council’s small vehicle route. It was reported that a provisional quote of £130,097.00 for the vehicle had been obtained by Suez (the Council’s waste contractor).

The report set out how new Recycling Regulations (Simpler Recycling) required the Council to collect the same material from all households by 1 April 2026. To comply with this new legislation an additional 7.5 tonne vehicle was required to enable Suez to provide properties on the smaller vehicle routes with the opportunity to recycle their garden waste. The additional vehicle could also provide additional resilience for the food waste collection services from flats.

Members were advised that all the other elements of the Simpler Recycling were funded from monies received from the Department for Environment, Food and Rural Affairs and the Extended Producer Responsibility payments.

In response to a question regarding the cost of the vehicle, Officers confirmed that the cost had increased from that previously agreed.

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

RESOLVED that a letter of intent be sent to Suez to procure an additional vehicle to add to the current fleet to allow for the expansion of the garden waste service to the whole district ensuring compliance with Simpler Recycling legislation.

To consider the report of the Chief Finance Officer (copy enclosed).

The Committee considered the report of the Chief Finance Officer reporting on the Council’s investment activity for the 2024 / 25 financial year in accordance with the Chartered Institute of Public Finance and Accountancy Treasury Management Code (CIPFA’s TM Code) and the Council’s Treasury Management Policy and Treasury Management Practices (TMPs).

It was noted that the CIPFA Code of Practice required authorities report on the performance of the treasury management function at least twice yearly.  The report provided detail in respect of the following areas:

·                External Context – Appendix 1 to the report gave an overview of the external economic environment, prepared by the Link Group, engaged by the Council to provide treasury management consultancy and advice services. 

·                Local Context – The Council did not hold any external debt during 2024 / 25 with the exception of a five-year hire purchase agreement relating to the acquisition of two tractors. The Council’s borrowing position would be reviewed as part of the updated 2024 / 25 Strategy.

·                Investment Activity (April 2024 – March 2025) – Members were advised that the level of investments held by the Council had seen a decrease of £7.5m during this period and the report highlighted the reasons for this. The Council continued to take a prudent approach in relation to investment with priority being given to securing and liquidity over yield. 

·                Performance – Budgeted Income and Outturn – The average income returns on the Authority’s investments were detailed along with the overall investment for the year. Members noted that the income overachievement was due to interest rates increasing throughout the financial year.

·                Compliance with Prudential Indicators and Treasury Management Strategy - As set out in Appendix 1. It was noted that apart from some breached bank limits (set out in the report) all treasury management activities were fully compliant, and all prudential indicators had been complied with to date.

It was noted that the title of the section ‘conclusion’ in the report had been mis-spelt.

The Chairperson moved the recommendations as set out in the report. These were duly seconded and agreed.

RESOLVED

(i)             that the 2023 / 24 Treasury Outturn report be reviewed for compliance purposes.

(ii)            That the alignment between the Treasury Management Outturn, the Budget Outturn for 2024/25, and the 2024/25 (pre-audit) accounts, which provides confirmation of the overall reported position be noted.

To consider the report of the Chief Finance Officer (copy enclosed).

The Committee considered the report of the Chief Finance Officer (CFO) providing an update on the recently published government consultation regarding the future approach to funding councils in England (the Fair Funding Review 2.0; A consultation on the government’s proposed approach to local authority funding reform through Local Government Finance Settlement from 2026 – 27).

The report set out they key aspects of the consultation document which was published on 20 June 2025 and required responses by 15 August 2025. Appendix 1 to the report provided a summary of the consultation questions and the Council’s proposed response to each question. The report set out the key points in each section and provided detailed information regarding:

·                Background detail on the Settlement Funding Assessment calculation

·                Council tax – ‘band D’ charge verses ‘yield’

·                Fees and charges

·                Possible responses and submitting the response

The CFO took Members through the report and the proposed consultation responses. He suggested that the final consultation response be agreed with the Committee via email.

A lengthy debate ensued, during which Members raised a number of questions, and the following information was provided:

·                Question 10 – the CFO explained that the general approach of equalising the benefit available from council tax made sense, but this was already being achieved through top-up and tariff amounts. The principle was reasonable but the mechanism in his opinion was unnecessary, this was why the response was neither agree nor disagree.

·                Wages and earnings – the Government was looking to take account of the different levels of wages across the country. At this stage if was difficult to say how it would work, the measures they would use and how they would be applied.

·                Concern was raised regarding not topping up the inflationary increases.

In response the CFO advised that he would update the appendix and share this with Members the week prior to submission. Sign off would not be necessary at that point, although if Members could indicate if they agreed or disagreed that would be helpful.

It was agreed that as she was a local Member of Parliament, Officers would share any information about the modelled impact of proposals on the Council with the Shadow Secretary of State for the Ministry of Housing, Communities and Local Government (Rt Hon Priti Patel).

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

RESOLVED

(i)             That the Committee discussed the key points of the consultation, and the outline provided of proposed responses to come from Maldon District Council (MDC);

(ii)            That the proposed approach (set out below) to finalise the Council’s response to the Fair Funding Review 2.0 consultation is approved, noting the deadline for submissions is 15 August.

(a)           that MDC submits responses aligned to other sectoral responses that may be expected in due course from the bodies such as the District Council Network, the Local Government Association, and other local Councils in Essex for examples.

(b)           that the proposed draft response to all questions is shared  ...  view the full minutes text for item 184.

To consider the report of the Chief Finance Officer (copy enclosed).

The Committee considered the report of the Chief Finance Officer (CFO) presenting the Budget Monitoring position for revenue and capital budgets for the period ended 31 May 2025 (period 2). The report also informed Members of movements in relation to the Council’s General Fund and Earmarked Reserves and requested virements along with any budget requests for both revenue and capital budgets.

It was noted that this report was brough forward for consideration with the agreement of the Chairperson as the Council required certainty on the available budgets for 2025 / 26 to carry out its operations in a timely manner.

The CFO presented the report which provided detailed information including:

·                Revenue Budget Monitoring (p2) – The main variances were detailed in Appendix 1 to the report. A virement for the contingency budget of £328k to fund Local Government Reorganisation (LGR) was set out in Appendix 3 to the report.

·                Capital Budget Monitoring (p2) – The forecast for the capital budget projected an overspend of £29k against the revised 2025 / 26 Capital Programme and the main project details were set out in Appendix 2 to the report.

·                Virements – A set of virements was set out in Appendix 3 to the report.

·                Budget Requests – A total of £145k of budget requests is proposed and set out in Appendix 3 to the report. Appendix 5 to the report would help reconcile the revised budget back to the original budget, thus providing a clear audit trail to the original budget approved by the Council.

·                Reserves – Movements on Reserves for the year 2025 / 26 were set out in Appendix 4 to the report.

·                Medium-Term Financial Strategy (MTFS) Brief Update – A summary was showing in table 2 to the report and Appendix 6 provided more detail.

·                Funding – New Homes Bonus finished at the end of the year and the Extended Producer Responsibility had increased.

A debate ensued and in response to a question Members were advised that recommendation (i)c was a corporate position, taking account of the balance sheet position and potential approached to pay and contracts. It would give some reassurance that Officers and Members were working together.

Councillor W Stamp proposed an amendment to recommendation (i)c to include the Leader of the Council in the decision making process. This was duly seconded.

The Leader of the Council highlighted the update to the Capital Programme, particularly the new play site equipment allocated to deliver a new accessible play site at West Maldon Community Centre. The play site would be delivered in honour of the late Councillor Flo Shaughnessy and Members noted that Mr Shaughnessy was in attendance at the meeting. The Leader highlighted that the Council was changing the programme of updates across the District and work for play areas and parks was changing from a five year programme to three years to fit into the life of the Council.

The CFO advised that he would be closely reviewing the Leisure Contract as it was not yet known  ...  view the full minutes text for item 185.

There were none.

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 Paragraphs 1, 2 and 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 Paragraphs 1, 2 and 3 of Part 1of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Chief Finance Officer (copy enclosed).

The Committee considered the report of the Chief Finance Officer (CFO) seeking Members’ approval to write off debt which exceeded the officer delegation limit of £10,000 for Council Tax debt and £20,000 for Non-Domestic Rates debt.

During her presentation of the report the Assistant Director – Customer Services and Operations reminded Members of the robust processes the Council had for recovering debts. She drew Members’ attention to the detailed information set out in the report regarding the outstanding aged debt in relation to arrears for Council Tax and Business Rates. It was noted that numerous attempts had been made to recover these monies and to date no payments had been made.

In response to questions, the Assistant Director provided further information regarding the Council’s processes for recovering debts, advising that the Overview and Scrutiny Committee had recently received a detailed report on this. The CFO advised that he would work with the Assistant Director to look at presenting future reports in a more effective way in terms of the total level of debt incurred and amount. He highlighted the impact the write-offs would have, if approved, within the collection fund. The Chief Executive advised that where possible Members would receive more regular updates on the debit position and the actions taken.

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

RESOLVED that the write off of debt totalling £93,198.04 due to the debt not being recoverable following vigorous, unsuccessful attempts to obtain payment of amounts owed and in three of the four cases being considered, following insolvency of the debtor be approved. The total amount to be written off relates to four debtors and is made up of:

·                £22,603.13 unpaid Council Tax (two cases) and

·                £70,594.91 Non-Domestic Rates (three cases)