Agenda item

To receive questions from 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).

In accordance with Procedure Rule 1(3)(e) and the Council’s Public Question Time and Participation at Council and Committee Meetings Scheme, the Chairman of the Council referred to two questions of which prior notification had been given.  A copy of the questions was circulated prior to the meeting.

Question one:

Ms July Lea, Chairman of the Maldon Society was in attendance at the meeting and read out her questions, set out below along with the responses from the Leader of the Council (show in italics).

“In connection with the Council’s relationship with the proposed new nuclear power station at Bradwell, (also referred to in item 12 on tonight’s agenda).

a)               Is it correct that MDC is receiving each month approximately £15,000 from the potential developer?

Yes.

b)               What use has been made of the income in connection with Bradwell B received to date?

It has been used to support the staffing resource required by the Council to ensure it is undertaking the role of engaging in the Development Consent Order (DCO) process regarding the Bradwell B proposals.

c)               Does the Council recognise its integral role as a primary conduit in a disinterested process of public consultation on whether the nuclear development should proceed?

The development of a new nuclear power station falls within the scope of the ‘Nationally Significant Infrastructure Projects’ (NSIPs), as set out in the Planning Act 2008.  In these instances, the developer applies directly to the Secretary of State for a Development Consent Order (DCO) rather than to the Local Planning Authority for planning permission.  Maldon District Council will be a consultee as part of the DCO process.  BrB has indicated that the application for the DCO will be submitted in 2022.  However, there is a significant consultation and engagement process leading up to the submission of the application.  Whilst Maldon District Council will not be the determining authority for the actual power station application, host local authorities have an important role in the NSIP, DCO process.  Participation is not obligatory but is strongly advised by the Planning Inspectorate.  Whilst it is appreciated that local authority resources are limited, relevant authorities are strongly encouraged to discuss and work through the issues raised by NSIP proposals.  A local authority will provide an important local perspective at the pre-application stage, in addition to the views expressed directly to the developer by local residents, groups and businesses. 

d)               What answer would be given to those who consider a) and c) above represent a conflict of interest?”

It is normal for the developer in these cases to provide resource to the Local Authority to support the planning process.  This has been the case with other DCO processes around the country and both Maldon District Council and Essex County Council are seeking support in this case.  This in no way represents a conflict of interest and the funding simply enables the Local Authority to engage in the consultation fully and to discharge the expectations that HMPI has raised.  Whilst the Councils Local Development Plan states broad support for the development of Bradwell B, the Council also recognises its role within the consultation process to maximise any benefits and mitigate any impacts should the development be approved by the Secretary of State.

The provision of funding in no way affects the integrity of the Council in fulfilling its role in the DCO consultation process.  In fact the Planning Inspectorate supports the development of funding agreements between local authorities and the applicant within its formal guidance on the DCO process.  

The role of local authorities in the development consent process

Advice Note two: The role of local authorities in the development consent process (HMPI February 2015)

‘10.1 Planning performance agreements (PPA) are a matter for the local authority and the developer and may be justified by the impact on the local authority’s resources.  The Planning Inspectorate is, in principle, supportive of PPAs but will not get involved in the negotiation of a PPA as it is a legal agreement between two parties.’

Question two:

Mr John Rayment of the Thames Sailing Barge Trust was in attendance at the meeting and read out his question, set out below along with the response from the Leader of the Council (show in italics).

“The Thames Sailing Barge Trust, is a registered charity which owns and operates two sailing barges, Pudge and Centaur, at Hythe Quay. The Trust is a non-profit making charity with no paid employees and is run by volunteers, and has berthed its vessels on the Quay for 37 years.

·                 The Trust is not a commercial operator

·                 We gain our income through donations, membership and from the small income we make from taking the public and members on weekend sails between May and September.

·                 In a good year we just about break-even

·                 By removing the discount, we will have to pay a further £6500 a year, this being a 100% increase on what we pay. This is unfair.

·                 This increase will put the Trust into a loss-making situation which is not sustainable and will result in us having to consider our future on the Quay.

If the proposed increase is to be based on comparable costs for berthing elsewhere, the Council must also consider the advantages other ports have over the town in terms of tides and other operational factors.

The Trust’s aims include making the barges available to the public and children. If we have to move away from Maldon, then these opportunities would be lost to the town. The Trust is part of the Maldon Heritage Group and our barges are part of Maldon’s heritage.

And on top of this it is also proposed that you will charge vehicles for parking on the Quay.

Question:

We wish to ask the Leader of the Council to reconsider the proposal to increase the wharfage charges by removing the 50% discount for our barges Pudge and Centaur, as this will significantly impact on our viability and future at Maldon.”

I am grateful for the information provided and will ensure your views are considered when the recommendations from the Strategy and Resources Committee are presented to Council later at this meeting.