Agenda item

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

 

Please note: Where appropriate this report contains links to the relevant Committee agenda, reports and Minutes.

 

(ii)        Minutes of meetings of Committees

To note that since the last meeting of the Council, up until Wednesday 19 October (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

 

Minutes reported to the last meeting and now published:

Central Area Planning Committee	24 August 2016
Community Services Committee	30 August

 

Minutes published:

Community Services Committee **	30 August
Overview and Scrutiny Committee	31 August
Audit Committee	1 September
Planning and Licensing Committee (special meeting) *	1 September
North Western Area Planning Committee	5 September
South Eastern Area Planning Committee	12 September
Planning and Licensing Committee **	15 September
Central Area Planning Committee	21 September
South Eastern Area Planning Committee (special meeting)	22 September
Finance and Corporate Services Committee **	27 September
North Western Area Planning Committee	3 October

 

Minutes NOT finalised for publication:

Overview and Scrutiny Committee	5 October
South Eastern Area Planning Committee	10 October
Community Services Committee **	11 October
Overview and Scrutiny Committee (acting as the Crime and Disorder Committee)	12 October
Appointments Committee	14 October

 

* Please note that these Minutes contain recommendations previously dealt with by the Council at its last meeting.

 

** Please see item (i) above as these Minutes contain recommendations to the Council.

(a)         Report of the Director of Resources

 

The Council considered the report of the Director of Resources presenting recommendations of Committees to the Council.  An addendum and a further update to this report was circulated at the meeting and detailed recommendations arising from both the Planning and Licensing Committee meeting on 15 September 2016 and the Community Services Committee on 30 August 2016 and 11 October 2016.

 

Community Services Committee (30 August 2016):

 

Minute 426 – Terms of Reference and Scheme of Delegation Update

 

RESOLVED

 

(i)                 that the delegation of items 15 to 20 of part (c) of the Committee’s Scheme of Delegation be transferred to the Director of Planning and Regulatory Services together with a replication of item 12, and also the deletion of item 2 of part (d) as no longer required;

 

(ii)               that item 5 of part (a) of the Committee’s Terms of Reference – The Community Legal Service Partnership – be deleted as no longer required.

 

Minute 427 - Maldon Community Services and Community Hospital Project

 

It was noted that this recommendation linked to Planning and Licensing Committee Minute 526 (15 September 2016). 

 

RESOLVED

 

(iii)             That the preparation of a business case for the provision by the Council of a new community hospital to serve the local community of the Maldon District be considered

 

Planning and Licensing Committee (15 September 2016):

 

Minute 525 - Magnox Socio-Economic Scheme - New Bid for Grant Funding to Mitigate the Impact of Bradwell Power Station Moving Into Care and Maintenance:

 

RESOLVED

 

(iv)             that the projects outlined in the report are supported, in principle, with specific support being given to the following projects and excluding the Feasibility Study for the use of the Bradwell Reactor Cladding.

·                     Enterprise Centre and Growth Hub;

·                     Saltmarsh Hub;

·                     Circular Off-Road Cycle Path;

·                     Ferry Provision between Bradwell, Mersea Island, Wallasea, Burnham-on-Crouch and Tollesbury;

·                     Tourism Ambassadors;

·                     Maldon District Wine Region.

 

Minute 526 - Maldon Community Services and Community Hospital Project:

 

It was noted that this recommendation linked to Community Services Committee Minute 427 (30 August 2016). 

 

RESOLVED

 

(v)               that the preparation of a business case for the provision by the Council of a new community hospital to serve the local community of the Maldon District be considered.

 

Minute 531 – Review of Delegation Arrangements:

 

In response to a question about whether the revised scheme of delegation would only come in to force once training had been provided, the Chairman and Councillor Channer advised that this was not the intention.

 

In response to a question regarding the number of Parish Council’s using the incorrect pro-forma, Councillor Channer advised that she did not have this information but would find out.

 

The Chairman, in response to a question, advised that he would seek clarification from the Director of Planning and Regulatory Services as to when the Parish / Town Council handbooks would be issued and ask him to respond to Members.

 

RESOLVED

 

(vi)             that a revision be made to the ‘Parish Trigger’ procedure, item (b)(i)4 of the Area Planning Committee Terms of Reference as follows:

 

“Where a representation from a Parish or Town Council (covering the geographical area in which the proposed development is located) has been received which objects to an application which the Director of Planning and Regulatory Services is minded to approve.  This must be supported by a reason that is based on a relevant material planning consideration in the opinion of the Director of Planning and Regulatory Services.  Where a representation from a Parish or Town Council (covering the geographical area in which the proposed development is located) has been received which supports an application which the Director of Planning and Regulatory Services is minded to refuse or objects to an application which the Director of Planning and Regulatory Services is minded to approve.  This provision shall not apply to those cases where there is a representation of ‘no comment’ or to minor classes of development affecting residential / domestic properties or within such curtilages involving porches, conservatories, boundary walls / fences, vehicle crossovers, garages, sheds, outbuildings, satellite dishes and replacement windows / doors.  The Parish Trigger will not be invoked if comments made by a Parish / Town Council are received after 28 days from the date of the Parish / Town Council being notified of the planning application or if the submitted comments are not made on the agreed standard template form.”

(vii)           that a revision be made to item (b)(i)6 of the Area Planning Committee Terms of Reference as follows:

 

“Where proposals have beenadvertised as departures under paragraph 3 of the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999 and where the Officers’ recommendation is that permission should be granted.  Except where the principle of the development has already been approved through an extant planning permission.”

(viii)         that paragraph (b)(i)2 of the Area Planning Committee Terms of Reference be amended as follows:

 

“For all other development where the floor space to be built, or a change of use of a building is proposed for 1,000 sq. metres or more, or where the site area is 1 hectare or more.”

(ix)             that following points be added to the Planning and Licensing Committee (c) Scheme of Delegation (To the Director of Planning and Regulatory Services:

 

30        Applications where the site area exceeds 1 hectare in size, and this is the is only reason the application is defined as a ‘major development’, which the Director of Planning and Regulatory Services is minded to recommend approval on the basis the proposal is in accordance with the development plan and subject to the Director of Planning and Regulatory Services first consulting with the Chairman of the Council or relevant Planning Committee (or the Vice Chairman in the Chairman’s absence) and the ward members.’

31        Applications for major or large scale development which the Director of Planning and Regulatory Services is minded to recommend approval on the basis the proposal is in accordance with the development plan and is made under Section 73 of the Town and Country Planning Act (1990) (as amended) only, subject to the Director of Planning and Regulatory Services first consulting with the Chairman of the Council or relevant Planning Committee (or the Vice Chairman in the Chairman’s absence) and the ward members.’

(x)               that item (b)(i)9 of the Area Planning Committee Terms of Reference be amended as follows:

 

“Where an application has been resubmitted following refusal by an Area Committee contrary to Officers recommendation.”

 

Finance and Corporate Services Committee - 27 September 2016:

 

Minute 563 – Human Resources Policies and Procedures

 

RESOLVED

 

(xi)             that all updates to the Human Resources policies and procedures (attached as Appendix 1 to the Minutes of the Finance and Corporate Services Committee) are approved; and

 

(xii)           that the Attendance Management, Shared Parental Leave and Smoking Policy and Procedures (attached as Appendices 2 - 4to the Minutes of the Finance and Corporate Services Committee) are approved.

 

Minute 572 – Release Of Restrictive Covenant – Remembrance Avenue, Burnham-On-Crouch

 

RESOLVED

 

(xiii)         That the Committee’s Scheme of Delegation – Director of Resources be amended to include:

 

“the Director of Resources, in consultation with a valuer, a Legal Advisor and the Chairman of Finance and Corporate Services Committee, be authorised to release any restrictive covenants which are stated to be in favour of the Maldon District Council (or its predecessors) at a market value or at such other value as deemed appropriate by the Director or Resources.”

 

Community Services Committee – 11 October 2016:

 

Minute 629 - South Essex Parking Partnership Extension

 

RESOLVED

 

(xiv)         that the Council commits to a four year extension to the Operational Period of the South Essex Parking Partnership Manager by 11 November 2016; and

 

(xv)           that the Council agrees to the South Essex Parking Partnership (SEPP) to continue the delegated function for a further four years as set out in the Joint Committee Agreement and confirm this decision to the South Essex Parking Partnership Manager by 11 November 2016.

(b)         Minutes of meetings of Committees

 

Members’ attention was drawn to the Addendum and Further Update that had been circulated at the meeting.  The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 19 October 2016.

 

Councillor Mrs P A Channer CC advised Members that she would address some possible changes to the Minutes of the Planning and Licensing Committee which took place on 15 September 2016 at the next meeting of the Committee.

 

A question was raised regarding the Community Services Committee on 30 August 2016 regarding an investigation in to a business case for a new hospital in Maldon.  The Chairman advised that it was his understanding that this was a tidying up exercise because although the principle had been agreed by Council at a previous meeting,  the Finance & Corporate Services Committee had to agree funding.

 

A question was also raised regarding the Review of Planning Delegation Arrangements and the Chairman confirmed that the Director of Planning and Regulatory Services would be asked to respond to Members as to when the Parish / Town Council handbook would be produced.