Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chief Executive will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

To approve as a correct record and sign the minutes of the meeting held on 26 September 2013 (attached).

RESOLVED:

That the minutes of the meeting held on 26 September 2013 be taken as read and signed by the Chairman as a correct record.

(a)        Announcements by the Chairman of the Council

(i)           The Roydon Play area

The Chairman reported that she attended the official opening of a Play area within her ward in Roydon, which had come about through local parents efforts and the Parish Council and had been funded by the County Council.

(ii)        Youth Celebrations – 29 October 2013

The Chairman reported that the Youth Council had held a Youth Celebrations event at the Civic Offices on 29 October 2013 to celebrate different youth groups within the District. The event was held to recognise the volunteer groups and promote a travel card wallet and volunteering guide for young people which had been produced by the Youth Council. The Chamber was transformed by lighting and music with the evenings entertainment including singers, dancers and musicians. Certificates were handed out to the youth groups and guest speakers spoke about the volunteering opportunities. She advised that it had been an inspiring evening and very informative about what the District provides for volunteering, training and funding for young people. 

(iii)       Epping Forest District Museum Closure and Refurbishment

The Chairman reported that she attended the closing party of the Epping Forest Museum in Waltham Abbey on 1 November 2013. The event celebrated the start of a 18 month refurbishment provided by Heritage Lottery funding, which would create more space for collections, an activity room and a lift, making the museum more accessible to all, due to be completed by 2015.      

(iv)      Red Cross Essex Branch Annual Assembly

The Chairman reported that she had attended the Red Cross Essex Branch Annual Assembly which had included the celebration of two long service awards for residents within the District. The first being Councillor Morgan’s wife, Mrs Jean Morgan, for 25 years service and Kay Ericson for over 40 years service, although one member at the event had received an award for over 60 years service.

(v)       Floral Display

The Chairman announced the she intended to send the flowers from tonight’s meeting to Alder House, Cheshire Home in Chigwell.

(b)       Announcements by the Leader of the Council

The Leader advised that he had no announcements to be made under this heading.

(c)        Announcements by Portfolio Holders

There were no announcements to be made under this heading.

To answer questions asked after notice in accordance with the provisions contained in paragraph 11.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)          to the Leader of the Council;

(b)          to the Chairman of the Overview and Scrutiny Committee; or

(c)         to any Portfolio Holder.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

(a)          North  Weald Airfield

(i)           By Mr T Blanks to Councillor Grigg, Asset Management and Economic Development

“Now that the future of North Weald Airfield has been resolved and secured by EFDC what immediate and long term plans do the Council have to improve the airfield’s financial viability?”

Response by Councillor Grigg, Asset Management and Economic Development Portfolio Holder

“Whilst acknowledging the real progress that the Cabinet has made in relation to the future of North Weald Airfield, with particular reference to the commissioning of the Drivers Jonas Deloitte report and the decision taken at the Cabinet on the 22 July 2013, I would sound a note of caution that much work still needs to be done.

The master planning exercise approved by Cabinet is in hand. Consultants has been appointed, with a brief to report on the first phase of their work by Christmas 2013, and phase two by the end of March 2014.

However I can confirm that, in tandem with the on going work, the Council is actively pursuing revenue generating proposals to improve the financial viability of the Airfield. This work is being undertaken not only by officers from across the Council’s Directorates but by specialist external advisers.

Whilst these projects are subject to discussion and detailed negotiation, I am not able to be specific for reasons of commercial confidentially. I will of course report further through the appropriate channels when able.”

To answer questions asked after notice in accordance with the provisions contained in paragraph 12.3 of the Council Procedure Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)          to the Chairman of the Council;

(b)          to the Leader of the Council;

(c)          to the Chairman of the Overview and Scrutiny Committee or

(d)          to any Member of the Cabinet;.

Council Procedure rule 12.4 provides that answers to questions under notice may take the form of:

(a)     direct oral answer;

(b)     where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

There were no questions by Members under notice.

To receive reports from the Leader and members of the Cabinet on matters falling within their area of responsibility:

(a)         Report of the Leader;

(b)     Report of the Asset Management and Economic Development Portfolio Holder;

(c)         Report of the Environment Portfolio Holder;

(d)     Report of the Finance and Technology Portfolio Holder;

(e)         Report of the Housing Portfolio Holder;

(f)      Report of the Leisure and Wellbeing Portfolio Holder;

(g)         Report of the Planning Portfolio Holder;    

(h)     Report of the Safer, Greener and Transport Portfolio Holder;

(i)      Report of the Support Services Portfolio Holder.

The Council received written reports from the Asset Management and Economic Development Portfolio Holder, the Environment Portfolio Holder, the Finance and Technology Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, the Planning Portfolio Holder, the Safer, Greener and Transport Portfolio Holder and the Support Services Portfolio Holder.

The Chairman invited the Leader to provide an oral report and other members of the Cabinet give an oral update of their written reports.

(a)        The Leader of the Council

Councillor Whitbread advised that he had attended a joint meeting of the Essex Leaders and Chief Executives, where the Regional Returning officer for the European Parliament Elections in May 2014 gave an update on preparations.The Leader advised that they also received a presentation on the establishment of an Employment Skills Board for the County. The intention behind the new Board was to achieve a greater level of involvement and influence from the Business Community, to ensure that young people leaving Further Education had the skills and abilities that employers were practically seeking.

Continuing with the theme of young people, he advised the Council  that nine apprentices had now started the Council’s Apprenticeship Scheme and wished them well in their future employment with the District Council.

Councillor Whitbread reported that he had attended a event hosted bythe County Council and the Phoenix Publishing and Media Group at the former Little Chef and Motel on the A414 near North Weald on the 3 October 2013. Phoenix were a major Chinese publishing company who were refurbishing the site as a centre for promoting Chinese Cultural Industries across the UK and Europe. He stated that thisinitiative should attract groups of Chinese business people and tourists to the area, supporting the local economy and also produce employment opportunities. 

The Leader advised that he toured the District with Councillor Kevin Bentley, the County Council Portfolio Holder for Economic Development, visiting a number of employment and tourism sites across the area. He stated that Councillor Bentley was greatly impressed with their potential and this was a useful exercise, to create a greater understanding and to identify opportunities to work together with the County Council.

Councillor Whitbread advised that another area of common interest with the County Council had been the new Waste Management Contract. He had recently met with the County Council Cabinet member responsible for waste disposal, with Councillor Breare-Hall, who had provided more detail about the County’s desire to renegotiate aspects of the Inter-Authority Agreement, within his Environment Portfolio Holder report.

The Leader drew attention to the training session on Safeguarding Children and Vulnerable Adults he had attended on 26 October 2013. It had been the current focus as a result of the recent high profile cases and high level of media interest.  He advised members that everyone had a duty to protect children and vulnerable adults with whom they came into contact with, in their role as elected Members and those people who use the Councils services.  The  ...  view the full minutes text for item 57.

Council Procedure Rule 12.6 provides for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

(i)   reports under item 7 above; or

(ii)  any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 12.7 provides that answers to questions without notice may take the form of:

(a)    direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)    where the desired information is in a publication of the Council or other published work, a reference to that publication;

(c)    where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(d)    where the question relates to an operational matter, the Leader or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Chief Officer.

In accordance with the Council Procedure Rule 12.8, a time limit of twenty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further 10 minutes to ensure that all political groups and independent members may have their questions answered.

(a)        Leisure Strategy

Councillor J H Whitehouse referred to the written report of the Leisure and Wellbeing Portfolio Holder regarding the Leisure Strategy and asked whether the Strategy would involve just the leisure centres or the wider leisure needs and if the latter how the public would be consulted.

Councillor Webster, Leisure and Wellbeing Portfolio Holder stated that the Leisure and Cultural Strategy was in its early stages and that it would cover all aspects of leisure and cultural provision. Currently officers were gathering information and that consultation with the District’s residents would be required. Councillor Webster advised that a Portfolio Holder Decision had been signed to establish the Advisory Group on Leisure and Culture Strategy.

(b)       Mobile Homes presentation evening on 3 October 2013

Councillor Rolfe referred to the success of the information evening regarding the Mobile Homes Act 2013 and asked if this method of communication would be used in relation to updating residents. 

Councillor Stallan, Housing Portfolio Holder advised that the evening had received positive feedback from all involved parties. Even though the subject matter was at times a little heavy, it was felt that further consultation and information on agreements between mobile home owners and site owners could be organised.

(c)        Car Park Tariffs

Councillor Jacobs asked whether the Safer, Greener and Transport Portfolio Holder would consider differentiating the car park tariffs across the District and with this in mind consider not increasing the first half an hour or first hour tariff.

Councillor Waller, Safer, Greener and Transport Portfolio Holder advised that the consistent approach of the car parking tariffs across the District would become a more demand led tariff structure, dependant on the situation in each location. Parking would become the priority as a lack of parking could damage high streets. He advised members that he would keep them updated with the situation and welcome members’ comments on future proposals.

(d)       Increase of Business Rate                                                                                                 

Councillor J M Whitehouse asked the Asset Management and Economic Development Portfolio Holder which section of the economy she thought would provide the greatest growth and what action she would be taking to make these areas flourish.

Councillor Grigg, Asset Management and Economic Development Portfolio Holder advised that the Council was working towards an Economic Strategy that was a key objective, and she was awaiting evidence from a consultant, which would then be brought forward to the Cabinet. With regards to the conversions of business units to residential units, the Cabinet had brought forward the decision to purchase the Bridgeman House in Waltham Abbey and looked to keep business units. She advised that to offset the businesses moving to the Enterprise Zone in Harlow, the Council had identified a number of viable business sites in the District and would be looking to increase employment on the Airfield following the Cabinet’s decision.

(e)       Green Deal

Councillor Jenny Hart asked whether the Council would be signing up to the Green Deal provider, so that the finances could be accessed by residents.

Councillor  ...  view the full minutes text for item 58.

The Chairman reported that there were no motions to be considered at this meeting.

To consider the attached report.

Mover:            Councillor Grigg, Asset Management and Economic Development Portfolio Holder

Councillor Grigg presented a report on the reasons for the release of covenants and right of pre-emption for 94/94A Lawton Road, Loughton.

Report as first moved ADOPTED

RESOLVED:

That the restrictive covenants and right of pre-emption in paragraphs (a), (b) and (c) of the Third Schedule of a Conveyance dated 6 January 1955 in respect of 94/94a Lawton Road, Loughton be released for the consideration of £127,500.

To consider the attached report.

Mover:            Councillor Grigg, Asset Management and Economic Development Portfolio Holder

Councillor Grigg submitted a report seeking a supplementary estimate for the appointment of an additional post of a Valuation and Development Surveyor during the current financial year.

Report as first moved ADOPTED

RESOLVED:

That a supplementary estimate of £12,681 be approved for 2013/14 to enable the appointment of an additional post of Valuation and Development Surveyor to be made during the current financial year.

To consider the attached report.

Mover:            Councillor Grigg, Asset Management and Economic Development Portfolio Holder.

Councillor Grigg submitted a report seeking a supplementary capital estimate for the purchase of the leasehold interest in the second floor of Bridgeman House, Waltham Abbey and the possible refurbishment work if required.

Report as first moved ADOPTED

RESOLVED:

That a supplementary capital estimate in the sum of £654,000 be approved for the purchase of the leasehold interest in the second floor of Bridgeman House, Waltham Abbey and to the carrying out of refurbishment work, if required.

(a)  Report of the Chairman of the Overview and Scrutiny Committee - attached;

(b)  Reports of the Overview and Scrutiny Committee (if any); and

(c)  Reports of Overview and Scrutiny Panels (if any).

(a)        Report of the Chairman of the Overview and Scrutiny Committee

The Council received a written report from Councillor Morgan, the Chairman of the Overview and Scrutiny Committee.

Councillor Morgan informed the Council that Youth Council would be attending the Overview and Scrutiny Meeting on the 26 November 2013.

(b)       Reports of the Overview and Scrutiny Committee

The Chairman announced that there were no reports to be considered under this item.

(c)        Reports of Overview and Scrutiny Panels

The Chairman announced that there were no reports to be considered under this item.

To consider the attached report.

Mover:            Councillor Wyatt, Vice Chairman of the Committee

Councillor Wyatt presented a report proposing revisions to the Scheme of Delegation to allow prior approval applications submitted as a result of the recent changes to permitted development rights to be determined by the Director of Planning and Economic Development with the Proper Officer making the consequential amendments to the Constitution.

Councillor Wyatt sort leave of the Council to amend paragraph g) of Appendix A ( Matters to be Determined by the Relevant Committee)to read;

“(g) Applications, including certificate of lawfulness in respect of existing use and development’ recommended for approval contrary to an objection from a local council which are material to the planning merits of the proposal.”

First Amendment moved by Councillor Watts and seconded by Councillor Knapman

“That paragraph (g) be removed from Appendix A (Matters to be Determined by the Relevant Committee) and that a protocol be drawn up and submitted to the District Development Control Committee for consideration on how the words ‘which are material to the planning merits’ should be determined..

                                                                                                                      Withdrawn

Second Amendment moved by Councillor Watts and seconded by Councillor Knapman

“That the District Development Control Committee conduct a review of the operation of (paragraph g) of Appendix A (Matters to be Determined by the Relevant Committee)taking account of how often a local council objection has been ruled out  of consideration on grounds of not being material to the planning merits.”

                                                                                                                             Carried

Report as amended including the amendment of the Vice Chairman ADOPTED

RESOLVED:

(1)        That the changes to officer delegation in respect of Council Development Control Functions underlined in Appendix 1 to these minutes be approved;

(2)        That the proper officer makes consequential amendments to the Constitution; and

(3)        That the District Development Control Committee conduct a review of the operation (paragraph g) of Appendix A as amended taking account of how often a Local Council objects has been ruled out as not being a material planning consideration.

To consider the attached report.

In accordance with Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules, the Chairman has agreed to this report being considered at this meeting as an item of urgent business as it is necessary to get the revised policy in place.

Mover:            Councillor Angold-Stephens, Chairman of the Committee

Councillor Angold-Stephens presented a report recommending the adoption of Hackney Carriage and Private Hire Licensing Policy.

Report as first moved ADOPTED

RESOLVED:

That the Hackney Carriage and Private Hire Licensing Policy attached in Appendix 2 to these minutes be adopted.

Recommendation:

To appoint members to fill vacancies on:

(a)  Audit and Governance Committee;

(b)  District Development Control Committee; and

(c)  Finance and Performance Management Scrutiny Panel.

(Assistant to the Chief Executive) There are currently vacancies on the Audit and Governance Committee, District Development Control Committee and  Finance and Performance Management Scrutiny Panel.

Audit and Governance Committee

In relation to the Audit and Governance Committee, the Council has previously agreed: (a) that the three councillors on the Committee should not all be drawn from one political group and places should be open to councillors who are not affiliated to any political group; and (b) that members be appointed on the basis of experience, aptitude and interest.

The two existing members on the Committee are Councillors Kane and Watts (Conservative Group).

The LRA Group wish to nominate Councillor L Leonard to fill the vacancy.

District Development Control Committee

The current pro-rata allocation for  this 15 member Committee is as follows:

Conservative Group – 10 members

LRA Group – 3 members

Liberal Democrats Group – 1 member

Independent Member – 1 member

The LRA Group currently have only two members on the Committee.

The LRA Group wish to nominate Councillor Jennie Hart to fill the vacancy.

Finance and Performance Management Scrutiny Panel

The current pro-rata allocation for  this 11 member Panel is as follows:

Conservative Group – 8 members

LRA Group – 2 members

Liberal Democrats Group – 1 member

The LRA Group currently have only one member on the Panel.

The LRA Group wish to nominate Councillor H Mann to fill the vacancy.

The Council considered nominations to fill vacancies which had arisen on the Audit and Governance Committee, the District Development Committee and Finance and Performance Management Scrutiny Panel

RESOLVED:

(1)          That Councillor Leonard be appointed a member of the Audit and Governance Committee for the remainder of the current municipal year;

(2)          That Councillor  Jennie Hart be appointed a member of the District Development Control Committee for the remainder of the municipal year;

(3)          That the nomination of Councillor Mann to fill the vacancy on the Finance and Performance Management Scrutiny Panel be referred to the Overview and Scrutiny Committee for consideration.

To consider the attached report.

Councillor Watts presented a report advising of the decision of the Appointment Panel appointed by the Council to select a co-opted member on the Audit and Governance Committee.

RESOLVED:

That the decision of the Appointment Panel appointed by the Council, to select Mr A Jarvis of Chigwell, to fill the vacancy for a co-opted member on the Audit and Governance Committee with effect from 26 September 2013, be noted.

To note the attached decision taken by the Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules.

The Council noted that the Chairman of the Council had agreed that the decision of the Leader of the Council(a) to waive the requirements of Contract Standing Order C4 (Chief Officer to obtain at least three quotations for contracts exceeding £25,000 but not exceeding £50,000) and, (b) to accept a quotation in the sum of £45,635.13 from S & C Slatter as the most financially advantageous for the completion of the All Weather Pitch at Town Mead, Waltham Abbey,should be treated as a matter of urgency and should not be subject to call-in.

To note the attached decision taken by the Leader of Council to amend the terms of reference and title of this Cabinet Committee.

The alterations are:

(a)  new title;

(b)  additional responsibility for economic development; and

(c)  greater prominence to maximising income from North Weald Airfield users.

The Council noted a decision taken by the Leader of the Council to amend the terms of reference and title of the North Weald Airfield and Asset Management Cabinet Committee. The Leader clarified the title as the Asset Management and Economic Development Cabinet Committee.

The Chairman informed members that there were no reports to be considered on the business of joint arrangements and external organisations.

The Chairman advised that reports from representations on the Waltham Abbey Royal Gunpowder Mills, Stansted Airport Community Trust Fund and one other would be reported at the next Council meeting on 17 December 2013.