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.”

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.

To approve as a correct record and sign the minutes of the meeting held on 30 September 2014 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 30 September 2014 be taken as read and signed by the Chairman as a correct record subject to the following amendments;

(a)           Councillor Mohindra’s apologies;

(b)           The addition of the word ‘alleged’ before perpetrator in the response to Councillor J H Whitehouse question under Questions by Members Without Notice regarding Safety and Disturbance (minute 39(d)); and

(c)           The addition of a question by Councillor C P Pond regarding parking enforcement at the approach to Traps Hill, Loughton car park under Questions by Members Without Notice (minute 39(h)).

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

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor W Breare-Hall declared a personal interest in agenda item 16(a), Proposed Development of St Johns Road in Epping, by virtue of being a member of Epping Town Council. The Councillor had determined that his interest was pecuniary and would leave the meeting for the consideration of the issue.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor K Adams declared a personal interest in agenda item 16(a), Proposed Development of St Johns Road in Epping, by virtue of living within St John’s Road. The Councillor had determined that his interest was pecuniary and would leave the meeting for the consideration of the issue.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor J M Whitehouse declared a personal interest in agenda item 16(a), Proposed Development of St Johns Road in Epping, by virtue of being a member of Epping Town Council and living within St John’s Road. The Councillor had determined that his interest was pecuniary and would leave the meeting for the consideration of the issue.

(d)        Pursuant to the Council’s Code of Member Conduct, Councillor C Whitbread declared a personal interest in agenda item 16(a), Proposed Development of St Johns Road in Epping, by virtue of being a resident of Epping. The Councillor had determined that his interest was not pecuniary and would remain in the meeting for the consideration of the issue. In addition, the Councillor advised that the personal statement that he had made previously in relation to items concerning the St John’s Road development applied.

(a)        Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(a)        Announcements by the Chairman of Council

(i)         Events;

The Chairman reported on some of the events he had attended since the last meeting of the Council. The Council noted that the Chairman had attended many events in the District including the opening of the Eco Shop in Epping, visiting the refurbished village hall in Roydon, a service at North Weald Methodist Church, the King Harold Day in Waltham Abbey, the opening of the MacDonald’s double drive through at the Hastingwood roundabout, a visit to the Air Cadets in North Weald, the opening of Citizen Advise Bureau Annual General Meeting, attending the Youth Council Debate, visiting Sheltered Housing in Buckhurst Hill to celebrate a resident’s 100th Birthday, attending a County Council Territorial Army event in Chelmsford, making lanterns with Children in the Library at Waltham Abbey and the Chairman’s Civic Lunch at North Weald Airfield, including a trip on the Epping Ongar Railway. 

(ii)        Floral display

The Chairman advised that he intended to place the flowers from tonight’s meeting in the Epping reception for the benefit of local residents and staff.

(iii)       Former Councillor and Chairman Stephen Barnes

The Chairman informed the Council that Stephen Barnes had recently been in a serious accident and he had sent him letter on behalf of the Council.

(iv)       Councillor Sandler

The Chairman announced that Councillor Sandler had been in hospital and was currently recovering at home.

(b)       Announcements by the Leader of the Council and Portfolio Holders

There were no announcements 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.

The Council noted that there were no public questions to be considered at 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 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.

The Council noted that there were no Member questions made with notice to be considered at this meeting.

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 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;    

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

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

The Council received written reports from members of the Cabinet.

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

(a)        The Leader of the Council

The Leader advised that the Council had recently hosted an initial meeting of the Local Plan “Duty to Co-operate” Board, comprising of our Strategic Housing Market Area (SHMA) partner authorities of Harlow, Uttlesford and East Herts. The meetings were important going forward, particularly as it was anticipated that the Council neighbours may potentially need to accommodate some of the future growth.

The Leader reported that he had attended the Essex Leaders meeting and received a number of updates on the joint work that was being undertaken across the Essex Districts, where a topical discussion was had about the potential devolution of powers and responsibility for local authorities following the Scottish Independence Referendum.

Finally, the Leader advised that he had been invited to the Youth Conference, which was attended by all the Districts secondary schools and Epping Forest College. He had sat on the question time panel where young people had been discussing a range of social issues, including bullying, alcohol and drug use.

(b)        Planning Policy Portfolio Holder

Councillor Bassett advised that an members update session for the Local Plan regarding the Population Projections, Strategic Marketing Assessment for housing and the Economic Study was being held on Monday 10 November 2014 at 5.30 – 7 pm before the Overview and Scrutiny Committee.

(c)        Safer, Greener and Transport Portfolio Holder

Councillor Waller brought the Council’s attention to the Big Community Switch scheme, which was referred to in his written report.

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 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 to ensure that all political groups and independent members may have their questions answered.

(a)        Probation Services

Councillor Surtees asked whether the Portfolio Holder for Safer, Greener and Transport agreed that the Community rehabilitation and Community Payback services had provided a high quality supervision of offenders and many hours of unpaid work to the benefit of the community; and whether the continuous and continuity of the services in the District would continue with the new providers in February 2015?    

Councillor Waller advised that the probation services were currently going through great change and challenges with a split of services between the more serious offenders being dealt with nationally and a more local level working with the Community Safety Partnership Team.

(b)        Waste Contract

Councillor C C Pond advised that with the Waste Contract changing hands this week, he thought that the Council should thank Sita for the service they have provided over their contract period?

Councillor W Breare-Hall advised that he had thanked Sita for the service they had provided over the last 7 years and he would pass on the Councils thanks but he was confident that following the competitive process to procure the Waste Service, Biffa would be even better.

(c)        Housing Shortage

Councillor D Dorrell enquired whether the Planning Policy Portfolio Holder would consider a suggestion to deal with the housing shortage by building on golf courses?

Councillor Bassett advised that any planning application would be considered by the normal methods.

(d)        Planning Policy

Councillor J H Whitehouse asked the Planning Policy Portfolio Holder about the recent training he had attended regarding producing Local Plans with a planning inspector and what issues were raised from these session that would concern the Council?

Councillor Bassett advised that he had discussed issues with other authorities and whether they were experiencing the same problems. He advised that they had spoken with the Planning Inspector and asked about the consistency of the Inspectors and their training with the new guidance. He had passed on this information to the Forward Planning Team.

(e)        Food bank

Councillor S Murray asked the Leader of the Council if he thought the voluntary section of the community provided a valuable service; whether he would congratulate the Waltham Abbey Church Community in creating the second food bank in the District; and congratulate the Loughton Food Bank for a community award recently received and the 350 adult and 140 children food parcels they have handed out since April 2014?

Councillor C Whitbread thanked the voluntary sector for providing an excellent in service especially in times of need. He congratulated the Loughton food bank for their services and Waltham Abbey church community for setting up the food bank.

(f)         Duty to co-operate

Councillor Wixley asked the Planning Policy Portfolio Holder why not all the local authorities bordering this authority attended the “Duty to Co-operate” Board meeting and were they likely to in the future?

Councillor Bassett advised that he had spoken to the authorities in the local SHMA and surrounding area, whilst also attending other separate meeting regularly, as it proved difficult  ...  view the full minutes text for item 55.

To consider the following motion, notice of which has been given under Council Procedure Rule 13.

Street Lighting

“This Council notes;

that many 100's of local residents are currently having to walk to underground stations and bus stops without street lights before 6.00am in the morning; and

This Council resolves to:

to ask Essex County Council to consider a switch on of the street lights  by 5.00 am in the morning. (making the general switch of between 1.00 am and 5.00 am) therefore allowing Epping Forest residents to catch the early morning buses and trains with the aid of street lighting.”

Proposed by: Councillor S Murray

Seconded by: Councillor Gode

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

(a)        Street Lighting

Moved by Councillor Murray and Seconded by Councillor Gode

“This Council notes;

that many 100's of local residents are currently having to walk to underground stations and bus stops without street lights before 6.00am in the morning; and

This Council resolves to:

To ask Essex County Council to consider a switch on of the street lights by 5.00 am in the morning. (making the general switch of between 1.00 am and 5.00 am) therefore allowing Epping Forest residents to catch the early morning buses and trains with the aid of street lighting.”

Amendment moved by Councillor Waller and seconded by Councillor Knapman

“That the words “ this Council resolvesto ask Essex County Council to consider a switch on of the street lights by” be deleted and substituted for “This Council warmly welcomes the decision of the County Council to switch the street lights on at”

Carried

Motion as amended ADOPTED

            RESOLVED:

"That this Council warmly welcomes the decision of the County Council to switch the street lights on at 5.00 am in the morning. (making the general switch of between 1.00 am and 5.00 am) therefore allowing Epping Forest residents to catch the early morning buses and trains with the aid of street lighting.”

(a)        Supplementary funding for the procurement and appointment of Marketing Agents to seek an Operational Partner to manage the aviation activities at North Weald Airfield.

To consider a report of the Cabinet seeking supplementary funding from the District Development Fund for the above. (Report attached)

(b)        To amend the Treasury Management Strategy Statement 2014/15 to 2016/17.

To consider a report of the Cabinet to amend the Treasury Management Strategy Statement 2014/15 to 2016/14 to permit lending to Service Providers that the Council is in a contractual relationship with. (Report attached)

(a)        Supplementary funding for the procurement and appointment of Marketing Agents to seek an Operational Partner to manage the aviation activities at North Weald Airfield.

Councillor Grigg presented a report seeking supplementary funding from the District Development Fund for the procurement and appointment of Marketing Agents to seek an Operational Partner to manage the aviation activities at North Weald Airfield.

The Portfolio Holder advised that a supplementary estimate from the District Development Fund for £60,000 was required for the Marketing Agent.

Report as first moved ADOPTED

            RESOLVED:

That the supplementary estimate from the District Development Fund for £60,000 be approved.

(b)       Treasury Management Strategy Statement 2014/15 to 2016/17 Amendment.

Councillor Stavrou presented a report seeking the amendment of the Treasury Management Strategy Statement for 2014/15 to 2016/17 to permit lending to service providers that the Council were in a contractual relationship with.

Report as first moved ADOPTED

            RESOLVED:

That the Treasury Management Strategy Statement 2014/15 to 2016/14 be amended to permit lending to Service Providers that the Council is in a contractual relationship with.

(a)          To receive the report of the Chairman of the Overview and Scrutiny Committee and to answer any questions without notice asked in accordance with Council procedure rule 12.7(b).

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

The Council received a written report from Councillor Morgan, the Chairman of Overview and Scrutiny Committee. Councillor Morgan advised that a representative from Essex County Council, Chris Martin, Integrated Commissioning Director (West), was coming to speak to the Overview and Scrutiny Committee on Monday 10 November 2014. He would be talking about Children Services in the County and their current commissioning intentions for young children based upon an Early Years review they had completed.

Councillor Morgan noted Councillor Wagland’s comments regarding a Task and Finish Panel’s work on Children’s Services and undertook to pass on the information to the relevant officers.

Recommendation:

To approve the following appointment for the remainder of the current municipal year:

(a)        Councillor Adams to replace Councillor J H Whitehouse on the Licensing Committee.

(Director of Governance) A nomination has been received from the Liberal Democrat for a change of membership to the Licensing Committee.

The Council is asked to approve the nomination set out in the recommendation.

The Council received notification of a change of membership for the Licensing Committee for the remainder of the current municipal year.

            RESOLVED:

That Councillor K Adams replace J H Whitehouse on the Licensing Committee for the remainder of the current municipal year.

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

The alteration is to include a further item in the terms of reference as follows:

(a)       To appropriate Council-owned land, held for housing purposes and identified for Council house-building for planning purposes under provisions laid out in Section 122 of the 1972 Act and Section 226 (1) (a) of the 1990 Act on the grounds that the land is no longer required for the purposes for which it is currently held in the Housing Revenue Account.

The Council noted a decision taken by the Leader of the Council to amend the terms of reference of the Housebuilding Cabinet Committee, to appropriate Council-owned land, held for housing purposes and identified for Council house-building for planning purposes under provisions laid out in Section 122 of the 1972 Act and Section 226 (1) (a) of the 1990 Act on the grounds that the land is no longer required for the purposes for which it is currently held in the Housing Revenue Account.

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

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

(a)        Roding Valley Meadows – Local Nature Reserve

Councillor Murray advised that the Warden, Patrick Bailey was leaving after 9 years of service at the Nature Reserve. He wanted to acknowledge his service, dedication and his involvement of the voluntary workers. 

(b)        Grange Farm Trust

Councillor Knapman asked that a report be made by the representative from the Grange Farm Trust for:

(1)  updates on their financial and working relationship with Colebrook Royals; and

(2)  updates on where the grants for local communities had been received in the District.

(c)        Citizen Advice Bureau (CAB)

Councillor Shiell advised that following the demolition of the CAB office in Hemnall Street, Epping a temporary office had been found at the Epping re-use centre until the new offices were completed in 2015. She advised that the Loughton CAB office at St Mary’s Church was also to be demolished and this could be as early as summer 2015. She also offered her congratulations to advisors, who had achieved high marks on the Quality of Advice and Assessment Awards.

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.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution 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 (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                       Exempt Information

Item No           Subject                                                           Paragraph Number

16                    Proposed Development of                              3

St Johns Road, Epping                                  

(a)        Proposed Development of St Johns Road, Epping.

To consider a report of the Cabinet seeking supplementary funding  from the Capital Programme.

Councillor Grigg presented a report seeking a supplementary Capital estimate for the proposed development of St Johns Road, Epping.

Report as first moved ADOPTED

RESOLVED:

That a supplementary estimate from the Capital programme for £1 million for the purchase of Essex County Council’s land interest in the development site at St John’s Road, Epping be approved.