Agenda, decisions and minutes

The Leader of Council made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

(Director of Governance) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Member Code of Conduct.

To confirm the minutes of the last meeting of the Cabinet held on 6 October 2016 (previously circulated).

(1)        That the minutes of the meeting held on 6 October 2016 be taken as read and signed by the Leader as a correct record.

Resolved:

(1)        That the minutes of the meeting held on 6 October 2016 be taken as read and signed by the Leader as a correct record.

There were no verbal reports from the Portfolio Holders present at the meeting on current issues concerning their areas of responsibility.

(Director of Governance) To receive any questions submitted by members of the public and any requests to address the Cabinet.

(a)        Public Questions

To answer questions asked by members of the public after notice in accordance with the provisions contained within Part 4 of the Constitution (Council Rules, rule Q3 refers) on any matter in relation to which the Cabinet has powers or duties or which affects the District.

(b)       Requests to Address the Cabinet

Any member of the public or a representative of another organisation may address the Cabinet on any agenda item (except those dealt with in private session as exempt or confidential business) due to be considered at the meeting, in accordance with the provisions contained within Article 7 of the Constitution (The Executive, paragraphs 27 & 28 refers).

There were no questions or requests to address the Cabinet received from the public for the Cabinet to consider.

The Chairman of the Overview & Scrutiny Committee reported that the following items of business had been considered at its meeting held on 25 October 2016:

            (a)        a review of the Council’s performance against the Key Action Plan   during Quarter 1 of 2016/17;

            (b)        a review of the Committee’s Work Programme and Reserve             Programme for 2016/17; and

            (c)        consideration of the questions to be put to Transport for London at the         next meeting of the Committee on 19 December 2016.

The Council’s Key Decision List was reviewed:

            (i)         it was noted that the report on the updating of the Waste & Recycling          Policies would not be considered until December 2016 at the earliest; and

            (ii)        the Committee enquired about the wider implications of the items     listed on the Sheltered Housing Assets and on the Sheltered Housing             Service.

(Finance Portfolio Holder) To consider the attached report (C-030-2016/17).

(1)       That, for the financial year 2017/18, class C properties which were unoccupied and substantially unfurnished, as defined under Section 11A(4A) of the Local Government Finance Act 2012, be in receipt of 100% Council Tax discount for one month only; and

(2)       That should a dwelling cease to be vacant then no further period of discount be awarded for at least two months with immediate effect.

The Finance Portfolio Holder presented a report on Council Tax Discounts for vacant properties.

The Portfolio Holder stated that The Local Government Finance Act 2012 contained reforms to Council Tax which provided a number of discretions for councils relating to empty properties. Since 1 April 2013, the Council had exercised its discretion and had awarded a 100% discount on vacant properties for three months, after which 100% Council Tax was payable. It was recommended that the period of 100% discount be reduced from three months to one month. In addition, it was also recommended that an explicit clause be added preventing abuse of the discount provision by requiring a two month period before a further period of discount could be awarded.

Decision:

(1)       That, for the financial year 2017/18, class C properties which were unoccupied and substantially unfurnished, as defined under Section 11A(4A) of the Local Government Finance Act 2012, be in receipt of 100% Council Tax discount for one month only; and

(2)       That should a dwelling cease to be vacant then no further period of discount be awarded for at least two months with immediate effect.

Reasons for Decision:

The reduction of the period allowed for 100% discount on empty properties would further incentivise owners and landlords of properties to re-occupy their properties. It would also provide additional Council Tax income to this authority and other major preceptors of around £300,000 of which around £30,000 would be received by this authority.

Other Options Considered and Rejected:

To not reduce the discount from three months to one month, or to reduce the discount to two months or no discount at all.

To not insert a clause requiring two month period before a further period of discount is awarded.

(Safer, Greener & Transport Portfolio Holder) To consider the attached report (C-032-2016/17).

(1)        That the delegated authority from Essex County Council (ECC) to the North Essex Partnership (NEPP) for the administration of on street parking arrangements would end in March 2018 and the County Council, following a review of the arrangement, had decided to extend this up to 2022, subject to the approval of the Joint Committee of NEPP in December, be noted;

(2)        That the authority to agree the four year extension at the Joint Committee meeting in December 2016 from 2018 to 2022 be delegated to the Portfolio Holder for Safer, Greener and Transport; and

(3)       That the dissatisfaction of the Council at the lack of enforcement performance of the Partnership within the District be noted and the Portfolio Holder be requested to get an assurance of improved performance.

The Portfolio Holder for Safer, Greener & Transport presented a report on the extension of the Joint Committee Agreement for on street parking arrangements with the North Essex Parking Partnership for a further four years.

The Portfolio Holder reminded the Cabinet that the North Essex Parking Partnership (NEPP) was created in 2011 when Essex County Council withdrew the on-street parking arrangement from District and Borough Councils. The Partnership consisted of six authorities: Epping Forest District Council, Harlow District Council, Uttlesford District Council, Braintree District Council, Colchester Borough Council and Tendring District Council. Colchester Borough Council was the lead authority and all the staff were employed by them. The Partnership was governed by the Joint Committee which consisted of the Portfolio Holders from all the constituent members as well as Essex County Council.

The Portfolio Holder reported that the Partnership was set up for an initial seven year period with an option to extend by another four years. The County Council had reviewed the performance of the Partnership during 2016 and had decided to offer the four year extension. This would be discussed at the Joint Committee meeting in December 2016 and a joint decision taken on the extension. It was for this reason that all Portfolio Holders representing the member authorities were required to come with the necessary delegated authority. By granting delegated authority to the Portfolio Holder for Safer, Greener and Transport, the Council would ensure that it was a full partner in the management of the Partnership and be responsible for the on-street parking arrangements within Epping Forest District.

Cllr Bassett highlighted that Tendring District Council had its own on street Parking Enforcement Officers in certain areas, and enquired whether this Council would be allowed similar rights. The Assistant Director of Neighbourhoods (Technical Services) stated that Tendring District Council had been conducting a trial whereby they performed their on street enforcement in-house and had their own Enforcement Officers. The Council could ask the Partnership to give Epping Forest a similar delegation, but there would be costs involved.

Other Councillors commented that a clear programme of work should be forthcoming from the Partnership, and many felt that the Council would be better at on street parking enforcement than the Partnership. Cllr C C Pond proposed that recommendation 3 be amended to note the Council’s disappointment with the Partnership’s performance for on street enforcement duties. The Leader of Council was disappointed that more options were not included in the review undertaken by the County Council, and commented that the Epping Forest District was unique within the Partnership as it was the only one with London Underground Railway stations. The performance of the Partnership for on street enforcement had not been beneficial for residents across the District.

Decision:

(1)        That the delegated authority from Essex County Council (ECC) to the North Essex Partnership (NEPP) for the administration of on street parking arrangements would end in March 2018 and the County Council, following a review of the arrangement, had decided to extend this  ...  view the full minutes text for item 83.

(Technology & Support Services Portfolio Holder) To consider the attached report (C-033-2016/17).

(1)        That the Five Year Planned Maintenance Programme 2016/17 to 2020/21 for Operational and Commercial Properties be approved; and

(2)        That the Capital and Revenue budget requirements for essential and planned maintenance works at the Civic Offices, other Operational Buildings and Commercial property for the five year period 2016/17 to 2020/21 be approved (Appendices 1 and 2 of the report refer), including:

            (a)        Capital growth bids of:

                        (i)         £659,000 in 2018/19;

                        (ii)        £394,000 in 2019/20; and

                        (iii)       £292,000 in 2020/21; and

            (b)        Revenue growth bids of:

                        (i)         £45,240 in 2019/20; and

                        (ii)        £122,150 in 2020/21.

The Portfolio Holder for Technology & Support Services presented a report on the Planned Maintenance Programme for the Civic Offices, commercial property and other operational buildings during the period 2016/17 to 2020/21.

The Portfolio Holder stated that the Planned Maintenance Programme provided a structured way of ensuring that the Council’s property assets were properly maintained and improved to meet Health and Safety requirements, statutory regulations, contractual obligations in respect of leases for commercial premises, customer demands and the long term protection and value of the Council’s assets. In addition to the Planned Maintenance Programme approved for 2016/17, the Facilities Management Team (FM) had also been engaged in implementing day-to-day routine maintenance and servicing works as well as a number of additional projects, including:

·                 office alteration works at the Civic Complex funded by and on behalf of other Directorates following the Senior Management Restructure;

·                 investigating options for extending the existing reception area at the Civic Offices out towards the rear of the building as part of the Transformation Programme to facilitate the inclusion of payment machines and additional reception staff;

·                 the provision of a new electrical control panel to allow the computer suite and the Civic Offices to be switched independently and allow Engineers to switch and work on main switchboards without the need to shut down the central computer service; and

·                 organising the moving of staff and equipment from the Langston Road Depot to the new depot at Oakwood Hill and continuing to undertake fit out works in the offices and workshops.

The Portfolio Holder reported that key projects for the future included:

·                 the provision of a new generator at the Civic Offices which would have the capacity to fully power the whole site in the event of loss of power from UK Power Networks;

·                 the replacement of the existing air conditioning units in computer suite 2 which were at the end of their operating life; and

·                 completely overhauling the main roof over the listed building at the museum following the identification of defects during recent refurbishment works, to ensure that the building was watertight for many years to come.

In order to fulfil the proposed Programme, the Portfolio Holder sought approval for capital growth bids of £659,000 in 2018/19, £394,000 in 2019/20, and £292,000 in 2020/21; and revenue growth bids of £45,240 in 2019/20, and £122,150 in 2020/21.

Decision:

(1)        That the Five Year Planned Maintenance Programme 2016/17 to 2020/21 for Operational and Commercial Properties be approved; and

(2)        That the Capital and Revenue budget requirements for essential and planned maintenance works at the Civic Offices, other Operational Buildings and Commercial property for the five year period 2016/17 to 2020/21 be approved (Appendices 1 and 2 of the report refer), including:

            (a)        Capital growth bids of:

                        (i)         £659,000 in 2018/19;

                        (ii)        £394,000 in 2019/20; and

                        (iii)       £292,000 in 2020/21; and

            (b)        Revenue growth bids of:

                        (i)         £45,240 in 2019/20; and

                        (ii)        £122,150 in 2020/21.

Reasons for Decision:

A proactive approach to Facilities Management had been taken  ...  view the full minutes text for item 84.

(Leader of Council) To consider the attached report (C-034-2016/17).

(1)        That the progress of the projects within the Transformation Programme for September 2016, alongside the planned actions for October 2016, be noted.

The Leader of Council presented a report highlighting the progress with the Transformation Programme during September 2016.

The Leader stated that regular monitoring reports on the progress of the Transformation Programme were being presented to the Cabinet, and this was the report for September 2016. It was anticipated that the format of the report would evolve over time in order to remain an effective tool for highlighting progress, slippage and remedial actions being undertaken. This particular report included progress for all chartered projects of Medium and High Risk potential, as well as progress on key aspects of the Transformation Programme.

The Leader reported that, overall, progress indicators for ‘cost’, ‘delivery / outcomes / outputs’ and ‘benefits’ remained ‘Green’. The status indicator for ‘time’ was reported as ‘Amber’ to highlight that 10 actions (from a total of 181) were overdue, but Project and Programme Managers had actions in place to deal with any potential negative effects. Progress would be kept under review and it was anticipated that the status of the majority of these items would return to ‘Green’ in the next report.

Decision:

(1)        That the progress of the projects within the Transformation Programme for September 2016, alongside the planned actions for October 2016, be noted.

Reasons for Decision:

To inform the Cabinet of progress with the Transformation Programme, including work streams, programmes and projects.

Other Options Considered and Rejected:

None, as failure to monitor and review the progress of the Transformation Programme and to consider corrective action where necessary, could have negative implications for the Council’s reputation, and might mean the opportunities for improvement were lost.

(Housing Portfolio Holder) To consider the attached report (C-036-2016/17).

In view of the current uncertainty regarding the amount of resources available to the Council’s Housing Revenue Account (HRA) in the future and the need for the Cabinet to make a decision, as part of the further HRA Financial Options Review, on whether or not to refinance the first PWLB loan in order to continue with the Housebuilding Programme for Phases 4 – 6:

(1)        That a temporary moratorium on work to progress Phases 4–6 of the Housebuilding Programme be introduced with immediate effect, with the exception of progressing planning applications for the developments agreed by the Council Housebuilding Programme for Phases 5 and 6, up to their determination;      

(2)        That the action already taken by Officers to “temporarily” pay over to the Department for Communities and Local Government (DCLG) the £1.364million of 1-4-1 Receipts that accrued in Quarter 2 of 2016/17 and, if possible, the £312,000 of 1-4-1 Receipts from Quarter 1 (plus the interest payable since 1 August 2016), which would otherwise be used to part-fund Phases 4-6 of the Council Housebuilding Programme, before the expiry of the 3 year utilisation period in July 2019 be confirmed, in order to avoid paying additional interest charges in the region of £4,800 or £5,800 per month from 1 November 2016;

(3)        That, following discussions with DCLG officials, if it was no longer possible to “temporarily” pay over the £312,000 of 1-4-1 Receipts from Quarter 1 to the DCLG, they be paid over to the DCLG permanently, as soon as possible, in order to minimise the accrual of additional interest charges in the region of £1,000 per month;

(4)        That the planned further HRA Financial Options Review be undertaken as soon as possible after:

            (a)        the Government had provided the awaited details of its proposal to require councils to sell their higher value empty properties to fund the new          levy being introduced by the Government; and

            (b)        the financial effects on the Council could be assessed;

in order for the Cabinet to make early long term decisions on the future of the Housebuilding Programme and the funding of the HRA;

(5)        That any further 1-4-1 Receipts that would accrue in future Quarters be “temporarily” paid over to the DCLG when they arose, until such time as the further HRA Financial Options Review had been completed, subject to decisions being made on whether or not to recover those 1-4-1 Receipts from the DCLG before the deadline of 31st July 2017; and

(6)        That, as part of the further HRA Financial Options Review, consideration be given to whether or not further reductions should be made to the funding of replacements and improvements to the existing housing stock, through moving from the Council’s Modern Homes Standard back to the more basic Decent Homes Standard.

The Housing Portfolio Holder presented a report for the payment of unallocated “One-for-One Replacement” Right to Buy capital receipts during the first two quarters of 2016/17 to the Government.

The Portfolio Holder reminded the Cabinet that it had previously decided to expand and accelerate its Housing Programme; one of the reasons for this was to utilise the increasing amount of “One-for-One Replacement” Right to Buy (RTB) capital receipts (“141 Receipts”) that were accumulating. However, since that time, the Government had required all social landlords to reduce their rents by 1% per annum for four years from April 2016, resulting in reduced income for the Council’s Housing Revenue Account (HRA). Despite Officers working hard to utilise the “141 Receipts”, there had been a number of obstacles to overcome, which had resulted in the Council taking steps to maximise the use of “141 Receipts”. This had enabled all the “141 Receipts” that had accrued over the past 3 years, up to the middle of Quarter 1 of 2016/17, to be allocated to phases of the Council Housebuilding Programme up to and including Phase 3.

However, the Portfolio Holder stated that there was currently a lot of uncertainty around the amount of resources available to continue with the Council Housebuilding Programme beyond Phase 3 and, as part of its further HRA Financial Options Review, the Cabinet would need to make a decision on whether or not the Council should refinance its first loan from the Public Works Loan Board (PWLB) for the HRA, that was due to mature in 2022, in order to continue with the Housebuilding Programme.  However, the Options Review could not be properly undertaken until the Government’s proposals on requiring councils to sell their higher value empty properties, to fund a new levy to be paid to the Government, had been analysed - including a Government proposal that the Department of Communities & Local Government (DCLG) might be prepared to enter into agreements with Councils to reduce the amount of levy to be paid, provided that the retained payments were used to build/provide new replacement affordable housing locally.

The Portfolio Holder highlighted that if, on review, a decision was made to cease the Council Housebuilding Programme beyond the current Phase 3, in addition to all “141 Receipts” arising in future Quarters, around £312,000 and £1.364million would need to be paid over to the Government for “141 Receipts” received in Quarters 1 and 2 of 2016/17 respectively, with interest of £1,000 and £4,800 per month being payable for Quarters 1 and 2, although Officers had already taken action to avoid paying the latter interest charge, by paying the Quarter 2 “141 Receipts” over to the DCLG “temporarily”.  Officers were also currently in discussions with the DCLG to ascertain if the unallocated “141 Receipts” from Quarter 1, for which the required quarterly return had already previously been submitted to the DCLG, could also be paid over temporarily as well. In view of the current uncertainty, the Portfolio Holder, in consultation with the Leader  ...  view the full minutes text for item 86.

(Safer, Greener & Transport Portfolio Holder) To consider the attached report (C-035-2016/17).

(1)        That the creation, and naming of the following three new off-street car parks in the Loughton Broadway area be approved:

            (a)        a car park on the northern half of the Industrial Estate, Oakwood Hill            North Car Park, with a short stay tariff, creating 15 new parking spaces;

            (b)        a car Park on the southern half of the Industrial Estate, Oakwood Hill           South Car Park, with a short stay tariff, creating 25 new parking spaces; and

            (c)        a car park behind shop numbers 12 to 14 Loughton Broadway, Burton         Road South Car Park, with a long stay tariff, creating 15 new parking spaces;

(2)        That an ‘Invest to Save’ bid in the sum of £40,000 for 2017/18 for improvement and setup costs for the above three new car parks be agreed; and

(3)        That the services of the North Essex Parking Partnership be secured to make the necessary Traffic Regulation Orders to convert these car parks to pay and display.

The Portfolio Holder for Safer, Greener & Transport presented a report seeking approval to create three new off street car parks at Oakwood Hill and Loughton Broadway.

The Portfolio Holder reminded the Cabinet that the Council provided 18 car parks across the District, which would increase to 21 if the recommendations within the report were agreed. These provided pay and display parking for shoppers, visitors and commuters and were a source of revenue for the Council. An opportunity had arisen for the Council to increase the number of pay and display parking spaces in the Loughton Broadway area. If agreed then the increase in parking spaces would benefit the local shops and traders in The Broadway as well as the business users of the Oakwood Hill Industrial Estate.

The Portfolio Holder stated that, in order to convert these car parks into off street car parks, it would be necessary to incur expenditure to install pay and display machines and other associated infrastructure, and there would also be the need for ongoing maintenance and enforcement. Consequently, a request for funding from the ‘Invest to Save’ fund had been made to cover the installation costs. Traffic Regulation Orders would also have to be made to create the pay-and-display off street car parks, and it was proposed to secure the services of the North Essex Parking Partnership (NEPP) to progress this.

When asked about the cost of using the NEPP to make the necessary Road Traffic Orders, the Assistant Director of Neighbourhoods (Technical Services) responded that the likely capital cost would be £40,000 and it should be possible to meet this cost from within existing resources; the biggest cost element would be the statutory public notices to be placed in the local press. The Portfolio Holder added that the estimated maintenance costs of £18,000 per annum had already been considered and it was anticipated that the likely income would more than cover this cost.

Cllr C C Pond highlighted that the proposed charges for the two car parks at Oakwood Hill would see residents charged £10 if they wished to stay for more than 3 hours; this was felt to be unreasonable and the Portfolio Holder was requested to investigate this and to consider whether parking charges should be synchronised across the District. The Portfolio Holder replied that the Council had an agreed Schedule of Parking Charges, acknowledged that there were lower charges in those areas where there was not a London Underground Railway Station, and consequently there would be higher charges for car parking in areas such as Loughton, Debden and Epping. The Finance Portfolio Holder reminded the Cabinet that the car parking charges were reviewed annually.

In response to further questions from the Members present, the Portfolio Holder explained that the Council would be in a better position to monitor the usage of the car parks through the installation of ‘smart’ parking meters; and the Portfolio Holder was content to remain with the proposed names for the new car parks, regardless of  ...  view the full minutes text for item 87.

Section 100B(4)(b) of the Local Government Act 1972 requires that the permission of the Leader be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

The Cabinet noted that there was no other urgent business for consideration.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers

Article 17 of the Constitution (Access to Information) define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

The Cabinet noted that there was no business which necessitated the exclusion of the public and press.