Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

An apology for absence was received from Councillor M F L Durham CC.

To consider the Minutes of the Strategy and Resources Committee held on 16 March 2023 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 16 March 2023 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 Director of Service Delivery, (copy enclosed).

The Committee considered the report of the Director of Service Delivery reporting on the activity of the Council in relation to the Regulation of Investigatory Powers Act (RIPA) for the financial year 2022 / 23.  The report also sought Members’ consideration of the desktop review conducted by the Investigatory Powers Commissioner’s Office (IPCO) in November 2022.

The report provided background information following an IPCO inspection in 2018 and the changes made to address the recommendations made following the inspection.  The Council’s RIPA Policy had been amended to ensure it was compliant and was attached as Appendix 1 to the report.  A copy of the formal response (Action Plan) to the IPCO was attached at Appendix 2.

The Chairman moved the recommendations set out the report which were duly seconded and agreed by assent.

RESOLVED

(i)             That the activity of the Council in relation to the Regulation of Investigatory Powers Act (RIPA) be noted and a review report and policy review be brought back to the Committee on an annual basis going forward;

(ii)            That the new RIPA Policy for the Council (Appendix 1 to the report) be approved and the Action Plan (Appendix 2 to the report) agreed with the Investigatory Powers Commissioner’s Office (IPCO) be noted.

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

The Committee considered the report of the Interim Chief Finance Officer seeking Member approval of the:

·                revised Fees and Charges related to Building Control Services;

·                permit Charge for Public / Commercial use of Council Offices Car Park;

·                expansion of the existing High Street Off-Peak Resident Parking Scheme to the Council Offices.

Members noted the requirement under the Building (Local Authority Charges) Regulations 2010 and how following a review it was proposed that the Building Control Fees and Charges increase by 12.3% from 1 July 2023 (as set out in Appendix A to the report).  This increase was in line with other increases in the Council’s fees and charges for 2023 / 24.

Following a review of the Council Offices Car Park to identify any underutilisation of the car parking facilities the Council was able to offer additional car parking permits to partners, with a number having already been purchased.  It was proposed that the balance of available car parking spaces be offered to the public and partners through an annual permit scheme and an expansion of the resident parking scheme.  Details of both schemes were set out in the report.

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

During the lengthy debate that ensued, Members raised a number of questions regarding the proposed changes and in response the Assistant Director provided the following information:

·                Council Offices Car Park Permit Charges:

·                The new policy would enable an income from spaces in the Council offices car park that were currently under-utilised.

·                The new permits would be advertised on the Council’s website and in addition the Council would be targeting specific businesses and contacting local residents to make them aware of the scheme.

·                In reviewing the current requirements of the Council office car park, Officers had ensured that there was sufficient parking for staff.

·                Annual Permit (Council office car park):

·                The proposed cost of an annual permit was reflective of the current charges and there were no additional costs as the spaces were already available and maintained by the Council.

·                The proposed cost was lower than those charged for High Street car parks to acknowledge that they were not as accessible.  Members were advised that the High Street Car park annual permit charge was £716.

·                Expanded Off-Peak Resident Parking Scheme:

·                The proposed changes were an expansion of the existing scheme and would run alongside the current scheme run by South Essex Parking Partnership.

Members were informed that the Council was carrying out a full review of car parking charges as part of its car parking strategy and the new charges would be included within this.

Following a discussion regarding the proposed cost of the annual permit and aligning this with the annual permit charges for the High Street car parks, Councillor A S Fluker proposed that the proposed annual permit at the Council office car park be increased to £625.  This proposal was duly seconded.

In response to a question regarding the revised fees for  ...  view the full minutes text for item 115.

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

The Committee considered the report of the Interim Chief Finance Officer reporting that during the above period one virement and two procurement exemptions had been agreed.  It was noted that there were no supplementary estimates or drawdown from reserves during this period.

The Committee welcomed Ms Lucas, Interim Chief Finance Officer and Section 151 Officer who had recently joined the Council. 

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

RESOLVED

(i)             That the virements as detailed in paragraph 3.3.1 of the report be noted;

(ii)            That the procurement exemptions as detailed in paragraph 3.5.1 of the report be noted.

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

The Committee considered the report of the Interim Chief Finance Officer providing Members with the provisional Outturn position for the year ended 31 March 2023.  Movements in relation to the Council’s General Fund, Earmarked Reserves and Capital Commitments as at 31 March 2023 were also detailed.

It was noted that the draft Statement of Accounts was published on 31 July 2023 however, the audit of this was yet to commence and therefore the figures detailed in the outturn report were provisional as they were subject to change.  The report provided detailed information regarding:

·                2022 / 23 Final Budget including approved amendments.

·                Provisional Outturn – The report detailed budget variances and Appendix 1 provided a detailed analysis of the major variances attributed to the underspend.  Those underspends carried forward into the next financial year to fund expenditure commitments were set out in Appendix 2.

·                General Fund Balance - It was reported that this would remain above the minimum recommended level of £2.6m.

·                Earmarked Reserves - Appendix 3 to the report provided a breakdown of Earmarked Reserves and it was noted that there had been a net increase of £0.4m from 1 April 2022. 

·                2022 / 23 Provisional Capital Outturn – The Capital Programme outturn with requested carry forwards was set out in Appendix 4 to the report, along with reasons for any slippage during 2022 / 23.

The report advised that business rates income was above that budgeted and it was therefore proposed that the additional income be used in 2023 / 24 to close the budget gap of £421k.

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

A lengthy debate ensued, during which Members raised a number of queries regarding the information detailed in the report and its appendices.  In response, the Interim Chief Finance Officer and Assistant Director provided the following information:

·                The General Fund Balance amount varied between Councils and was based on the size of their budgets and risks.  The budget was reviewed annually as part of the budget setting process and was the responsibility of the Section 151 Officer..

·                There was a clear plan of commitments against the Local Development Plan reserve.

·                The Government had not made any firm commitments as to whether the New Homes Bonus (NHB) would continue in the future.  The Council would be considering NHB as part of its overall funding package from the government.

·                An explanation was provided regarding the variance in the car parking budget, and it was noted this was not due to the service under-performing but the budget being uplifted as part of the Council transformation process.

·                The Council had an agreement with Place Services and through that would ensure that tree surgery work went out to various contractors.  Value for money would be delivered and as a requirement there were a number of local contractors included in the process as previously requested by Members.

·                It was noted that the budget provision for the Burnham-on-Crouch pontoon had not been spent  ...  view the full minutes text for item 117.

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

The Committee considered the report of the Director of Strategy and Resources seeking Members’ review of an Area of Special Control Order for Advertisements (attached at Appendix A to the report).

The report provided background information and advised that an Area of Special Control (ASC) for Advertisements placed additional control on advertisements to protect the rural amenity.  Since 1988 most of the District had been designated as an ASC and the Council was required to review the order every five years.

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

RECOMMENDED that the Area of Special Control Order for Advertisements (attached at APPENDIX 1 to these Minutes), be reconfirmed.

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

The Committee considered the report of the Director of Service Delivery seeking Members’ approval of the updated Discretionary Non-Domestic Rate Relief Scheme (attached at Appendix 1 to the report) which updated and replaced the Council’s existing policy to reflect changes announced by Central Government to support businesses.

It was noted that the update reflected confirmation from the Government that the award of Heat Network Relief for eligible businesses should continue to be dealt with as a discretionary relief in 2023 / 24.

The Chairperson moved the recommendation and this was duly agreed by assent.

RECOMMENDED that the Discretionary Non-domestic Rate Relief Scheme (attached as APPENDIX 2 to these Minutes), be updated to include an additional scheme.

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

The Committee considered the report of the Director of Strategy and Resources seeking appointment to Working Groups of the Strategy and Resources Committee for the ensuing municipal year.

Councillor A S Fluker proposed that Councillor S White be appointed to the Equality, Diversity and Inclusion Officer Working Group.  This proposal was duly seconded.

The Chairperson advised that he would consider nominations to each Working Group in turn, starting with:

Car Parking Task and Finish Working Group:

Following nominations which were duly seconded, the Chairman put to the Committee that Councillors D O Bown, J Driver, M F L Durham and A M Lay be appointed to the Car Parking Task and Finish Working Group.  This was duly agreed.

Equality, Diversity and Inclusion Officer Working Group:

Councillor R H Siddall proposed that the membership of this Working Group be expanded to two Members.  This proposal was duly seconded and agreed.

The Chairperson advised that Councillors R H Siddall, M E Thompson and S White had received nominations (duly seconded) to this Working Group and therefore a vote was required to determine the two representatives.  Following the first vote being taken it was agreed that Councillor Siddall be appointed.  A second vote was then taken for the remaining seat, with Members voting for Councillor Thompson or White.  Following this the Chairperson declared that Councillor Thompson was therefore appointed as the second representative on this Working Group.

Waste Contract Member Working Group:

Following nominations which were duly seconded, the Chairman put to the Committee that Councillors D O Bown, M F L Durham, A S Fluker and R H Siddall be appointed to the Waste Contract Member Working Group.  This was duly agreed.

RESOLVED that the Committee appoints the representatives to the Working Groups detailed below, for the ensuing municipal year.

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 2, 3 and 5 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 2, 3 and 5 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 advising Members of legal proceedings against Maldon District Council.

The report provided detailed background information regarding the legal claim served on the Council.

Following the Officer’s presentation, the Chairperson moved the recommendations as set out in the report and these were duly seconded.

Councillor A S Fluker proposed an amendment to recommendation (iii) requesting that the Chairperson of the Committee be included in the consultation.  This proposal was duly seconded and agreed.

The Chairman put the recommendations (as amended) to the Committee and upon a vote being taken was duly agreed.

RESOLVED

(i)             That the Council continues to defend the claim against the Council;

(ii)            That the Director of Service Delivery in consultation with a legal advisor be authorised to respond to all legal representations, any directions of the Court and any other ancillary legal matters relating to this claim.

(iii)           That the Director of Service Delivery, in consultation with the Chairperson of the Strategy and Resources Committee and a legal advisor, regularly review the legal case and be granted delegated authority to settle the claim should it be expedient to do so.