Agenda and minutes

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

2.         The Assistant Director of Governance and Performance Management 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.”

The Assistant Director of Governance and Performance Management reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Council is invited to stand for a minute’s silence in tribute to the memory of Former District Councillor Daphne Borton who passed away recently.

Daphne Borton served as a Independent District Councillor representing the Lower  Nazeing Ward from 2002 to 2007. She served on various Committees including Overview Scrutiny, Area Plans D, Development Control, Standards Committee and as a Council representative on the Lea Valley Regional Park Authority. She was also a Former Parish Councillor and Chairman of Nazeing Parish Council.

It was with much sadness that the Chairman informed the Council of the death of former Councillor Daphne Borton.

Members were informed that Daphne Borton had been an Independent District Councillor representing the Lower Nazeing Ward, from 2002 until 2007 and had been a historically figure of the Nazeing community, Councillor and Chairman of Nazeing Parish Council.

Members paid tribute to the memory of Daphne Borton.

The Council stood for a minute’s silence in tribute to the memory of former District Councillor Daphne Borton.

To approve as a correct record and sign the minutes of the meetings held on 3 November 2015 and 23 November 2015 (attached).

            RESOLVED:

That the minutes of the meetings held on 3 November 2015 and 23 November 2015 be taken as read and signed by the Chairman as a correct record.

(Chief Executive) To declare interests in any item on the agenda.

(a)          Pursuant to the Council’s Code of Member Conduct, Councillors A Grigg and D Stallan declared a non-pecuniary interest in agenda item 14, Repairs & Maintenance Hub – Blenheim Way, North Weald, by virtue of being  Members of North Weald Parish Council that had been asked by EFDC to consider financially supporting a children’s play area and open space at the proposed housing hub. The Councillors had determined that their interests were not prejudicial and would remain in the meeting for the consideration of the issue.

(a)        Apologies for Absence

(b)       Announcements

To consider any announcements by the Chairman of the Council.

(a)          Announcements by the Chairman of the Council

(i)            Civic Carol Concert

The Chairman thanked Members for attending her Christmas carol concert at Waltham Abbey Church on 8 December 2015.

(ii)          Councillor S Murray

The Chairman advised that Councillor S Murray had recently been in an accident and that she had sent her regards and best wishes to him on behalf of the Council.

(iii)         Flowers

The Chairman advised that she intended for the flowers from this evening’s meeting to be displayed in the Civic reception for the residents and staff.

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.

The Council noted that there were no public questions for this meeting.

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 any Member of the Cabinet; or

(d)                  the Chairman of any Committee or Sub-Committee.

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.

(a)        Loans by the Councils

By Councillor C C Pond to Finance Portfolio Holder, Councillor S Stavrou.

“Could she please itemise the loans that the Council have taken out over the last six months, and state for each:

(a)          the amount, and purpose for which it was taken out;

(b)          the name of the lender;

(c)          the rate of interest and whether fixed or variable, and the annual amount thus payable;

(d)          the term of the loan; and

(e)          whether there are early redemption penalties attached, and if so what they are?”

Response by Finance Portfolio Holder, Councillor S Stavrou.

“I would like to thank Councillor C C Pond for the question as it gives me the opportunity to talk about the very important subject of Treasury Management. This is a key part of the Council’s overall financial management and so reports are made regularly to both the Finance and Performance Management Cabinet Committee and the Audit and Governance Committee. In fact the half year report was made to the Finance and Performance Management Cabinet Committee on 12November 2015 and the Audit and Governance Committee on 30 November 2015. If Cllr Pond had attended either of these meetings or read either of the agendas he would know that the Council has not taken out any loans so far in this financial year.

As no loans have been taken out so far this year there is nothing to itemise or state in response to the question.

I am sure Cllr Pond is not the only Member who would benefit from some training on Treasury Management and I would like to invite all Members to the annual seminar being provided by our external treasury advisers on the evening of 14 January 2016. A reminder about this event has been included in the Member’s Bulletin but at the time of writing there is still plenty of space available.”

Additional question by Councillor C C Pond

Councillor C C Pond thanked Councillor Stavrou for her response and asked that when the Council was required to take out a loan for the required expenditure, that the information be made available in the Members Bulletin.

Response by Councillor S Stavrou

Councillor S Stavrou advised that the loans referred to were in relation to the capital programme for the Langston Road and St John’s Sites for £12.3m in 201615/16 and £12.6m in 2016/17 and that the figures would be revised and Members would be kept up to date.

(b)       Investments by the Council

By Councillor S Neville to Finance Portfolio Holder, Councillor S Stavrou

“Can the Finance Portfolio Holder please advise:

a) Epping Forest District Council's (EFDC hereafter) current investments;

b) Which of those investments are defined by EFDC as long term and which as short term;
c) The criteria by which the investments were made; and
d) The equality and environmental impact assessments which, if any, informed investment decisions.”

Response by Finance Portfolio Holder, Councillor S Stavrou.

“I would like to thank Councillor S Neville  ...  view the full minutes text for item 79.

To receive reports and any announcements 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 Assets and Economic Development Portfolio Holder; (attached)

(c)        Report of the Environment Portfolio Holder; (attached)

(d)        Report of the Finance Portfolio Holder; (attached)

(e)        Report of the Governance and Development Management Portfolio Holder; (attached)      

(f)        Report of the Housing Portfolio Holder; (attached)

(g)        Report of the Leisure and Community Services Portfolio Holder; (attached)

(h)        Report of the Planning Policy Portfolio Holder; (attached) 

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

(j)         Report of the Technology and Support Services Portfolio Holder (attached).

(a)        The Leader of the Council

The Leader thanked the Chairman for her wonderful Civic Carol Concert held Waltham Abbey Church on Tuesday 8 December 2015.

The Leader advised that he had attended further meetings under the duty to co-operate with Harlow and Uttlesford Councils regarding infrastructure, if ever a combined authority went ahead. He had also attended the London Stansted Cambridge Corridor meeting, where key issues for the corridor had been identified and included the growth of Stansted, Cross Rail Two and other aspects of transport infrastructure, such as a new Junction at 7a and improvements at Junction 7 and 8 of the M11. 

Other meetings attended were with the Essex Leaders regarding Devolution, where he had attended a workshop on the 3 December 2015. The Leader advised that the Council would be engaged in feasibility work, although he assured Members that before the Council committed formally to any devolution bid, it would be fully considered and debated by the Council.

Finally, he wished all Members an enjoyable festive break.

(b)        Environment Portfolio Holder

Councillor W Breare-Hall advised that at the Council meeting in June 2015, he had reported on Emergency and Urgent Expenditure, which had been incurred by employing additional resources to assist in mitigating the significant problems that had occurred as a result of the revised four Day Waste and Recycling Arrangements, implemented by the Council’s Contractor Biffa Municipal, on the 12 May 2015. 

He advised that the Contract had now stabilised and that the total level of expenditure incurred remained at £13,274, which could be contained within the current budget.

(c)        Planning Policy Portfolio Holder

Councillor R Bassett advised that on the 7 December 2015, the Government had published a consultation on the changes to the National Planning Policy Framework (NPPF), which was to be submitted by 25 January 2016. The changes included;

•           Broadening the definition of affordable housing to expand the range of low cost housing opportunities;

•           Increasing the density of development around commuter hubs, to make more efficient use of land in suitable locations;

•           Supporting sustainable new settlements, development on brownfield land and small sites and delivery of housing agreed in Local Plans;

•           Supporting delivery of starter homes; and

•           Transitional arrangements.

The initial concerns were about the affordable homes, starter homes and the effect on greenbelt policies and responses would be submitted to the Neighbourhoods Select Committee on the 19 January 2016.

He advised that there was not yet any clarity on the effect this may have on the Local Plan and he would keep Members updated.

(d)        Governance and Development Management Portfolio Holder

Councillor J Philip advised that the published Electoral register on 1 December 2015 had achieved returns of 98.1% and that residents had responded positively to the new online technology registration, with 43% of households using this method. A further 2800 people had used the system to confirm personal changes which had resulted in savings on postage and processing time and the register had gained 1287  ...  view the full minutes text for item 80.

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 8 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 thirty 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 at his discretion.

(a)          Parking Issues – Buckhurst Hill

Councillor S Watson asked the Safer, Greener & Transport Portfolio Holder, Councillor G Waller whether he would ask the North Essex Parking Partnership (NEPP) on 17 December 2016 the following;

1.            Whether an urgent review could be made on the enforcement of the 50% policy (which related to enforcement action only taking place on cars that park blocking 50% of a dropped kerb);

2.            Whether they would dedicated an Enforcement Officer to Buckhurst Hill, one day a week, if the Parish Council funded this; and

3.            How much this would cost the Parish Council.

Councillor G Waller commented that he was aware of the parking problems within Buckhurst Hill and that he had been advised that the Enforcement Officers were currently operating in Buckhurst Hill, Monday to Saturday and some Sundays. However the NEPP would respond positively, to District Councillors requests regarding problems in particular roads and this could be either raised directly by Councillors or through himself to NEPP.

He advised that the West Essex Enforcement Office were willing to support a request for an additional Enforcement Officer funded by the Parish Council, although an understanding of the expectations would be required before this was to take place and the costs were unknown at this moment.

Councillor G Waller advised that the NEPP website provided information on the 50% policy for dropped kerbs and although enforcement did not occur on cars parked less than 50%, where home owners accessing their off street parking were prevented by this, he would find out what could be done.

(b)        Displaced parking at Springfield, Epping

Councillor J M Whithouse asked the Housing Portfolio Holder, Councillor D Stallan whether a deferred Council Housing building planning application in Springfield, Epping considered at Plans East on 9 December 2015, would;

1.         Go to the next Council Housebuilding Cabinet Committee on the 19 January 2016; and

2.         What options would be put before the Cabinet Committee.

Councillor D Stallan advised that he had been made aware of the decisions following the Plans East Sub-Committee on 9 December 2015 and it would be discussed at the Council Housebuilding Cabinet Committee on the 19 January 2016. The options for the site were;

(i)         That the site was sold off to a private developer;

(ii)        That the plots were offered to neighbouring residents; or

(iii)       That the garages were demolished and open parking was provided.

Councillor D Stallan advised that Ward Members were welcome to attend the Council Housebuilding Cabinet Committee to voice resident’s opinions.

(c)          Material Considerations to Retrospective Planning

Councillor L Wagland asked the Planning Policy Portfolio Holder, Councillor R Bassett whether the Government had made it any clearer with regard to applicants who had previously failed to comply with planning rules in the past, now being a material planning consideration and whether any advice could be given to Members on the planning committees?

Councillor R Bassett advised that he would look into this issue with Officers.

Councillor J Philip advised  ...  view the full minutes text for item 81.

To consider any motions, notice of which has been given under Council Procedure Rule 13.

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

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

(Housing Portfolio Holder) To consider the attached report.

Mover: Councillor D Stallan, Housing Portfolio Holder

Councillor D Stallan submitted a report requesting a Capital supplementary estimate for 2015/16 from the Housing Revenue Account and that land at Blenheim Way, North Weald be transferred from the General Fund to the Housing Revenue Account to facilitate the building of a new housing repairs and maintenance Hub

Report as first moved ADOPTED

RESOLVED:

(1)  That a Capital supplementary of £300,000 for 2015/16 from the Housing Revenue Account be approved; and

(2)  That the land at Blenheim Way in North Weald be transferred from the General Fund to the Housing Revenue Account, with an appropriate adjustment made in the balances due between the two funds.

(Planning Policy Portfolio Holder) To consider the attached report.

Mover: Councillor R Bassett, Planning Policy Portfolio Holder

Councillor R Bassett submitted a report requesting a Continuing Services Budget supplementary estimate for 2015/16 for the Planning Policy team.

Report as first moved ADOPTED

RESOLVED:

That a Continuing Services Budget supplementary of £25,000 for 2015/16 be approved.

(Governance & Performance Management Portfolio Holder) To consider the attached report.

Mover: Councillor J Philip, Governance and Development Management Portfolio Holder.

Councillor J Philip submitted a report regarding the Calendar of Council meetings for 2016/17.

Report as first moved ADOPTED

RESOLVED:

That, as attached at Appendix 1, the draft Calendar of Council Meetings for 2016/17 be adopted.

(Finance Portfolio Holder) To consider the attached report.

Mover Councillor S Stavrou, Finance Portfolio Holder.

Councillor S Stavrou submitted a report for Capital supplementary funding for four areas including the Museum Redevelopment Project, Planned Maintenance Works at the Civic Offices, Private Sector Housing Grants and CCTV Equipment at Town Mead Depot. 

Report as first moved ADOPTED

RESOLVED:

(1)        That a Capital supplementary of £88,000 in 2015/16 for the Museum Development Project be approved;

(2)        That a Capital supplementary of £49,000 in 2015/16 for planned maintenance works at the Civic offices be approved;

(3)        That a Capital supplementary of £12,000 in 2015/16 for two remaining Private Sector Housing Grants be approved; and

(4)        That a Capital supplementary of £7,000 in 2015/16 for CCTV equipment at Town Mead Depot be approved.

(Finance Portfolio Holder) To consider the attached report.

Mover Councillor S Stavrou, Finance Portfolio Holder.

Councillor S Stavrou submitted a report on the Local Council Tax Support Scheme for 2016/17.

Report as first moved ADOPTED

RESOLVED:

That the revised Local Council Tax Support Scheme 2016/17 be approved.

(Chairman of Remuneration Panel) To consider the attached report.

Mr Stephen Lye, a member of the Remuneration Panel presented a report following a review by the Panel of the following aspects of the Members’ Allowances Scheme:

(a)        Basic Allowance;

(b)        Special Responsibility Allowances;

(c)        Childcare and Dependent Carers Allowance; and

(d)        Revised Scheme and Guidance.

Amendment moved by Councillor C Whitbread and Seconded by Councillor R Gadsby

That recommendation (2) read;

“That the Council implements 100% of the recommended amount of Basic allowance of £4,300 per Member per annum and agrees a CSB growth bid item in the sum of £50,200 for the year 2016/17 onwards.”

And recommendation (3) be removed.

Carried

Following the discussion and comments received from the Governance Select Committee on 1 December 2015, the following motion was proposed.

Amendment moved by Councillor J Philip and seconded by Councillor D Stallan

Members’ Allowances – Chairman and Vice-Chairman of Council

‘That consideration of the amount of Special Responsibility Allowance applied to the positions of the Chairman and Vice-Chairman of the Council, be added to the responsibilities of the Member Remuneration Panel from the commencement of the 2016/17 municipal year; and

That the amount of Special Responsibility Allowance applied to the Chairman and Vice-Chairman of Council be reviewed on an annual basis from 2017/18, as part of the Panel’s annual review of the Members’ Allowances Scheme and its recommendations to the Council thereon’.

Carried

            RESOLVED:

Basic Allowance

(1)           That no change be made to the full amount of Basic Allowance of £4,300.00 per member per annum, currently included in the Members’ Allowances Scheme;

(2)           That the Council implements 100% of the recommended amount of Basic allowance of £4,300 per member per annum and agrees a CSB growth bid item in the sum of £50,200 for the year 2016/17 onwards.

Special Responsibility Allowance

(3)           That, with effect from the commencement of the 2016/17 municipal year:

(a)           a Special Responsibility Allowance of £500.00 be applied to the position of the Chairman of the Licensing Committee;

(b)           the Special Responsibility Allowance currently applied to the position of the Chairmen of the six Licensing Sub-Committees be calculated on the basis of an allocation of the allowance according to the number of meetings chaired each year, as set out in Paragraph 17 of this report, so as to more accurately reflect the actual responsibilities involved in chairing meetings of the  Sub-Committees; and

(c)           the Special Responsibility Allowance currently applied to the position of the Chairman of the Constitution Working Group, be reduced to £500.00;

(4)           That no other changes be made to the application of Special Responsibility Allowances currently included in the Members’ Allowances Scheme;

Child Care andDependent Carers Allowance

(5)           That, with effect from the commencement of the 2016/17 municipal year, the Child Care and Dependents Carers’ Allowance element of the Members’ Allowances Scheme be based on the prevailing rate of the National Living Wage; and

Revised Scheme and Guidance

(6)           That, subject to the above recommendations, the Members’ Allowances Scheme and Guidance for 2016/17 attached as an appendix to this  ...  view the full minutes text for item 88.

(a)        To receive the attached report from Councillor R Morgan, as the Council’s representatives for the Stansted Airport Community Trust;

(b)        To receive from Council representatives any other reports on business of joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice; and

(c)          To request written reports from representatives on joint arrangements and external organisations for future meetings.

(a)        Members noted the report by Councillor R Morgan regarding the Stansted Airport Community Trust.

(b)        No further updates from Council representatives on any other business of joint arrangements and external organisations were advised; and

(c)        No requests were made for written reports to be made by representatives on joint arrangements and external organisations at the next meeting.