In the news: Statement from Basildon Council's Monitoring Officer on Emergency Motion at Council meeting on 10 February 2022
Basildon Council's Monitoring Officer has written to all Basildon Councillors regarding the decision made at Extraordinary Council meeting on 10 February 2022.
I am writing to you following the decision at the Extraordinary Council Meeting held on 10th February 2022 to approve the Emergency Motion which resolved to withdraw the Emerging Basildon Borough Local Plan.
Section 5 of the Local Government and Housing Act 1989 places a duty on myself as the Council's Monitoring Officer, if at any time it appears to me that any proposal, decision or omission by the authority, has given rise to or is likely or would give rise to a contravention of any enactment or rule of law, or maladministration, to prepare a report to the authority with respect to that proposal, decision or omission.
As I advised all Members of the Council present at the above meeting, if a decision was made to approve the motion, which it was, then I considered that I would be required to prepare such a report.
I am now writing to confirm that I shall be preparing such a report in consultation with the Chief Executive as Head of Paid Service and the Chief Financial (Section 151) Officer, as required. I will arrange for a copy of the report to be sent to each member of the authority as soon as practicable after it has been prepared.
Section 5 of the above Act also places a duty on the authority to consider this report at a meeting held not more than twenty-one days after copies of the report are first sent to members. It also places a duty on the authority to ensure that no step is taken for giving effect to the decision in the motion at any time while the implementation of the proposal or decision is suspended in consequence of the report.
Paul Burkinshaw CMgr FCMI
Director of Corporate Strategy & Governance and Monitoring Officer
Details of the Local Plan and its examination can be found on the council's website:
Published on 11 February 2022