Agenda

Council - Wednesday 21st September 2022 7.30 pm

Venue: Council Chamber, Maldon District Council Offices, Princes Road, Maldon. View directions

Contact: Committee Services  Email: committee.clerk@maldon.gov.uk

Items
No. Item

1.

Chairman's notices

2.

Apologies for Absence

3.

Minutes - 6 July 2022 pdf icon PDF 979 KB

To confirm the Minutes of the Council meeting held on 6 July 2022 (copy enclosed).

4.

Minutes - 25 August 2022 pdf icon PDF 226 KB

To consider the Minutes of the extraordinary Council meeting held on 25 August 2022 (copy enclosed).

5.

Declaration of Interest

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).

6.

Public Questions pdf icon PDF 114 KB

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon two clear working days before the day of the Council meeting).

 

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

7.

Chairman's Announcements

8.

Minute Book

To consider the recommendations coming forward from the Committees detailed below.  Please note that the Minutes of these meetings are not enclosed as they have not been approved at Committee level.

8a

Performance, Governance and Audit Committee - 21 July 2022

Agenda Item 8 – Equality, Diversity and Inclusion Action Update – Annual Review

 

Recommended that the Council’s constitution be updated to reflect gender neutral terms rather than him / chairman from the options as set out in section 3.5 this report (see extract below), and member salutations are removed as standard practice.

 

3.5    The Council’s constitution and current practices use the term ‘chairman’ and ‘him’.  However, the Association of Democratic Officers confirm it is best practice to move away from gender specific titles and this would also be in keeping with the EDI policy.  Many Councils have already adopted this working practice.  This report recommends removing the word "Chairman" and replacing it with "Chair" or "Chairperson" and also ensuring the use of his/her, s/he, or better still non-binary language: “their/them/they” as appropriate, accepting that an individual may refer to themselves or want to be addressed as “Chairman” or “Chairwoman” or other term, if they so wished.

8b

Overview and Scrutiny Committee - 28 July 2022

Minute No. 7 – Scrutiny Workplace Item – Five Year Housing Land Supply (5YHLS)

 

Recommended that the Council pauses the current review methodology of the LDP, all Members be invited to an extraordinary meeting of the Council to consider options with regard to the methodology used and considers a partial review of the LDP as required rather than a full change to the Council’s current Strategy.

9.

Minutes of Meetings of the Council

To note that since the last Council, up until Wednesday 31 August 2022 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

 

Central Area Planning Committee

29 June 2022

North Western Area Planning Committee

7 July

District Planning Committee

13 July

Strategy and Resources Committee

14 July

South Eastern Area Planning Committee

20 July

Performance, Governance and Audit Committee

21 July

Central Area Planning Committee

27 July

Overview and Scrutiny Committee

28 July

North Western Area Planning Committee

10 August

South Eastern Area Planning Committee

17 August

 

 

10.

Notice of Motions

10a

Notice of Motion - Councillor K M H Lagan pdf icon PDF 301 KB

In accordance with notice duly given under Procedure Rule 4, Councillor K M H Lagan to move the following Motions, duly seconded by Councillor S P Nunn.

 

Preamble

 

Due to high levels of upset and criticism and concerns being raised to ward members from residents and businesses regarding the how assets and concessions are allocated by the Council, Cllr K M Lagan (seconded by Cllr S P Nunn), submitted a motion for a complete review of parts of the scheme of delegation and inclusion of ward members across the district to be part of the decision making processes on certain aspects of the council assets and operational matters which was debated by full council on 31st March 2022.  At this meeting the recommendation for the motion was to be and referred to PGA Committee for consideration.  A report from the Director of Strategy, Performance and Governance that was submitted to that committee for the meeting on 9th June 2022, which concluded that the motion as submitted was ‘flawed’.  With this information it was decided by the proposer and seconder to withdraw the motion at the committee and that this was the recommendation reported and approved at full council.

 

The report identified that the motion negated the delegated powers by introducing a process involving a member working group, but also identified that it was conceivable to have the existing delegations revised to enable matters relating specifically to Promenade to be dealt with by exception.

 

The intention of this motion therefore is simply to ensure that Maldon’s ward members are involved in a macro number of matters that impact the operation and management of the town’s primary assets and as a matter of course, to ensure local representation is considered in robust and transparent decision making.

 

It is not the intention to involve member’s in general day to day activities on the Promenade and Quay but to focus on key issues that would provide better outcomes for the council in terms of reputation and effectiveness in the way it conducts business.

 

As the motions impact on the constitution and the scheme of delegation, it has been checked that such amendments can be made and therefor it is the request of the proposer and seconder that the motions are supported to show our residents that we are listening.

 

Therefore the Motions below are submitted.

 

MOTION 1

That Motion 2 be recommended to the PGA committee for review and consideration and any recommendations brought to full council.

 

MOTION 2

To enable a more inclusive process, that the scheme of delegation be updated to include active elected member participation in decision making for certain matters at Maldon’s much loved Promenade Park and Historic Quay.

 

Part A

To amend the scheme of delegation currently as is:

 

Part 3 – Responsibility and Functions section 44 – (a)- Parks and Open Spaces, (b) Formal recreation area and any building therein and the letting of stall, kiosks and other operations thereon including the lettings such as funfairs, circuses, and  ...  view the full agenda text for item 10a

10b

Notice of Motion - Councillor A S Fluker

In accordance with Notice duly given under Procedure Rule 4, Councillor A S Fluker to move the following Motion, duly seconded by Councillors M W Helm and K M H Lagan.

 

Preamble

 

Elected Members who represent the community are, aside from other functions and duties,  responsible for the ‘place shaping’ of the district.

 

During 2014-2029 Local Development Plan process all members were involved in the progression and subsequent agreement of emerging policies. For example, Members considered whether or not to allocate one large site for growth or opt for several smaller ones, likewise the principals of Garden Suburbs. There were also long and protracted debates concerning ‘pepper potting’ and the sustainability credentials of rural villages.

 

Members were directly involved in decision making through a series of meetings of Council, and as a result residents and other interested parties could see for themselves the democratic process of ‘place shaping’ taking place.

 

The review of the Local Development plan has included a ‘call for sites’ of which some have been considered by Officers as being acceptable. This has resulted in residents and others believing that the future development of these sites is a fait accompli which has caused much consternation with residents and more notably with the Crouch Valley Defence Group who object to over one thousand new properties being built in Althorne.

 

It should be noted that members have not agreed these policies.

 

It is accepted that the emerging policies of site allocations have been discussed by Working Groups of the Council but previously these hugely important decisions including the associated overarching policies were debated and agreed by Council on an ongoing basis.

 

For clarity the terms of reference of the Working Group agreed by the Extraordinary Meeting of  Council on 25th August deals only with the assessment of the Five-Year Housing Supply.

 

In summary it is considered that generally members have had little formal input into the decisions regarding the allocations of sites and that opportunities to consider other options and new policies  have not been the  subject of democratic input or scrutiny by members. 

 

Motion to Council

 

That Council calls an extraordinary meeting to take place in not less than 10 working days to consider the emerging policies of the review of the  2014- 2029 Local Development Plan and specifically the allocation of sites including those in Althorne ward.

11.

Questions in accordance with Procedure Rule 6(3) of which notice has been given

12.

Updating of the Constitution and Report of the Corporate Governance Working Group pdf icon PDF 207 KB

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

13.

Performance, Governance and Audit Committee and the Corporate Governance Working Group pdf icon PDF 112 KB

To consider the report of the Monitoring Officer, (copy enclosed).

14.

Member Training Criteria pdf icon PDF 118 KB

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

Additional documents:

15.

A12 Chelmsford to A120 Widening Scheme - Development Consent Order pdf icon PDF 319 KB

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

16.

Questions to the Leader of the Council in accordance with Procedure Rule 1 (3)(m)

17.

Business by reason of special circumstances considered by the Chairman to be urgent

18.

Exclusion of the Public and Press

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

19.

Management of Resources

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

20.

Commercial Options for Princes Road

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