The Scrutiny, Performance and Standards Committee convened to discuss several key issues, including a review of code of conduct complaints, a request for more information regarding section 106 funding held by Essex County Council, and the approval of the committee's work programme. The committee unanimously approved recommendations related to all three topics.

Essex County Council Section 106 Funding

The committee has requested more information from Essex County Council regarding section 106 funding. Section 106 agreements, also known as planning obligations, are legal agreements between local authorities and developers, used to mitigate the impact of new developments on the community and infrastructure¹. The committee agreed that Councillor Dominic Naylor, Chair of Scrutiny, Performance and Standards Committee, would write to Essex County Council to request further information about funding spent and held for Brentwood, and to request that representatives from Essex County Council attend the next meeting to discuss the section 106 funding they hold for Brentwood Borough.

The report before the committee noted that Essex County Council's latest Infrastructure Funding Statement stated that, as of 31 March 2024, the council held £129,940,469, with the majority, over £92 million, earmarked for education projects. However, the statement did not specify which areas of Essex these funds related to.

The report also referenced a report by the House Builders Federation which estimated that £3.9 billion in developer contributions was being held by local authorities, but not yet spent. According to the report, Essex County Council was the fifth highest holder of funds with more than £140 million.

Councillor Lesley Wagland highlighted that Mountnessing Village Council were experiencing issues receiving section 106 money from Brentwood Borough Council, similar to the issue Brentwood Borough Council is having with Essex County Council. Councillor Lesley Wagland requested that Brentwood Borough Council look into the process and ensure a clear paper trail is maintained.

The letter to Councillor Scott, included as an appendix to the report, stated:

We note that the published Infrastructure Funding Statement from Essex County Council does not break down contributions from the area that they have been received or spent within. As such the scrutiny committee would like to see information relating to the monies which have been secured from developments in Brentwood, ideally in the last 5 years. We would like to see how much money has been secured and what it has been spent on, and what money still remains; what it is intended to be spent on and why it has not been spent. In addition we would like to know if any money secured from developers in Brentwood has had to be repaid to developers and if so the reasons why this happened.

Summary of Code of Conduct Complaints

The committee received a summary of complaints and determinations for the period September 2024 to August 2025. The report before the committee noted that one formal complaint had been received during the period, concerning the undiplomatic manner of a councillor on a very sensitive issue. The Monitoring Officer referred the complaint to Independent Persons, but no further action was taken due to no breach of the Code being identified.

Scrutiny Work Programme

The committee approved its current work programme as per Appendix A of the Scrutiny Work Programme report. The report sets out the work programme for the committee for the remainder of the 2025-26 municipal year. The Chair reminded committee members that any further items they wished to be included in the scrutiny work programme should be submitted via an online form for consideration.

The report stated that additional items could be added to agendas as appropriate, in liaison with the Chair, if business needs required it, via the scrutiny referral form.