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.

In the absence of the Vice-Chairman, the Chairman proposed Councillor B Rolfe for the role of Vice-Chairman for this meeting.

            RESOLVED:

(1)        That Councillor B Rolfe be elected Vice-Chairman for the duration of the meeting.

To approve as a correct record and sign the minutes of the meeting held on 17 February 2015. (attached)

            RESOLVED:

That the minutes of the Council meeting held on 17 February 2015 be taken as read and signed by the Chairman as a correct record.

The Council is invited to stand for a minute’s silence in tribute to the memory of Former District Councillor B Wilmot who passed away on 26 February 2015 and the  Former First Chief Executive for Epping Forest District Council, Mr P D Brokenshire who also passed away recently.

Bob Wilmot served as a Loughton Resident Association District Councillor representing the St Johns Ward from 1988 to 1996. He also represented Loughton Town Council from 1996 to 2004.

Mr P D Brokenshire was the first Chief Executive, piloting the authority through the difficult process of combining the four predecessor Councils under local government reorganisation in 1973/4. He was a pioneer in two matters which are now accepted features of any good Council, namely policy planning and performance review.

The Chairman informed the Council of the death of Former Councillor R Wilmot and former Chief Executive Mr P D Brokenshire.

The Council stood for a minute’s silence in tribute to the memory of former District Councillor R Wilmot and the first former Chief Executive for Epping Forest District Council Mr P D Brokenshire.

Members were informed that Bob Wilmot had been a District Councillor for eight years representing the St Johns Ward from 1996 to 2004 and a Loughton Town Councillor from 1996 to 2004.

Members were informed that Mr P D Brokenshire was the first Chief Executive of Epping Forest district Council and piloted the authority through the difficult process of combining the four predecessor Councils under the Local Government reorganisation in 1973/74.

Members paid tribute to the memory of Bob Wilmot.

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

(a)          Apologies for Absence

(b)          Presentation of Quality Councils Accreditation

(c)          Presentation of High Sheriff’s Award

(d)          Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(e)          Flowers

(a)          Presentation of Quality Councils Accreditation

The Chairman presented Loughton Town Council and Ongar Town Council with the Quality Councils Accreditation from theNational Association of Local Councils (NALC). The Chairman of NALC Councillor K Browse and the Chairman of Essex Accreditation Panel, Mr P Davey advised that Loughton and Ongar Town Councils were at the forefront of best practice achieving excellence in governance, community leadership and council development.

(b)          Presentation of High Sheriff’s Award

The Chairman presented Youth Councillors Chloe, Doncho and Fatemeh with the High Sheriff Shield Award acknowledging the valuable work the Epping Youth Council are doing in their community, contributing to crime reduction, community safety and anti bullying.

(c)        Announcements by the Chairman

The Chairman reported that he had attended many events in and around the District including the RAF Cadets Awards in Chelmsford, the Chairman of Essex County Council Awards where Councillor J H Whitehouse collected an award for the Re-use Charity in Epping, events at Rochford,  Southend, a trip on the Maldon Barge and a tour around the Southend Airport.

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

There were no announcements under this heading.

(e)          Florals Display

The Chairman advised that he intended the flowers from tonight’s meeting to be sent to Frank Bretton House, Ongar.

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 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.

The Council noted that there were no Members 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;

(c)        Report of the Environment Portfolio Holder;

(d)        Report of the Finance Portfolio Holder;

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

(f)        Report of the Housing Portfolio Holder;

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

(h)        Report of the Planning Policy Portfolio Holder;

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

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

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 of the Council advised that he had attended further meetings with Leaders and Chief Executives in Essex concerning a request to the Secretary of State regarding devolution of powers to the County. The Leader advised that he had not signed this letter and he felt the Council needed to be provided with more information on combined authorities before the Council committed to any proposals and he wanted to allow Members the opportunity to debate the idea.

The Leader advised that he had also attended the One Epping Forest Health Summit held at Zinc Arts in Ongar and had attended numerous meetings regarding the duty to co-operate. He also had attended the South East Enterprise Local Partnership (SEELP), to ensure that Epping Forest did not miss out on any external future funding for infrastructure and investment.

(b)          Governance and Development Management Portfolio Holder

Councillor J Philip advised that a Judicial Review taken out by Lea Valley Regional Park Authority against the Council had been rejected on all three counts and they had been refused further appeals with costs awarded to the Council, although they had been capped at £10,000.

(c)          Planning Policy Portfolio Holder

Councillor R Bassett advised that the London Borough of Enfield had submitted a North East Enfield Area Action Plan for Examination which had excluded reference to a Northern Gateway Access Road (NGAR) in the District to Junction 26 of the M25. He wanted to thank Members and Colleagues from Loughton and Waltham Abbey Town Councils for additional information included in the Councils objects and advised that the hearing would be held on the 28 April 2015 and Councillor Bassett would be attending.

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 Problems – Millbank Avenue Ongar

Councillor B Surtees asked the Portfolio Holder for Housing whether he was aware of the poor state of a piece of land that was believed to be owned by the Council’s Housing department at Millbank Avenue, Ongar; and the extreme difficulties the residents had in securing parking near their homes? Would he consider action to meet the tidy land policy by working in conjunction with the local residents and Ward Councillor to resolve the issue which could include the provision of parking bays?

Councillor Stallan advised that he had spoken with Officers and there had been complaints registered over the last two years with the latest in March 2015. He advised that there were a number of options available which included doing nothing, installing parking restrictions, installing parking bays and legal action against offenders. He advised that the Housing Scrutiny Committee had looked into a Parking Policy for the District but a blanket approach was thought to be unpopular. Councillor Stallan suggested that the Off Street Parking Programme, which required support from local residents could be an option although he was unable to guarantee where it would be prioritised in the programme and would be put forward in the 2016/17 programme due to the 2015/16 programme already being set.

(b)          House building Programme - Burton Road, Loughton

Councillor Knapman asked the Portfolio Holder for Housing about the Burton Road, Loughton Housing project that had been refused planning permission by Plans South

and what the costs were associated with the delaying the applications?

Councillor Stallan advised that the Housing Building Programme had been accelerated because of the necessity to use One for One receipts. Were the programme to be delayed the Council would need to pay back £328,843 plus interest at an increased rate back to the Department of Communities and Local Government. There was also a further risk of £500,000 from the Affordable Housing Grant, if phase two of the House Building Programme was to be delayed for any longer, which included the Burton Road Development.

(c)          Police and PCSO’s

Councillor Murray asked the Leader of Council whether:

1)    he was aware of a Parliamentary Election in Epping Forest at the moment;

2)    he was aware that a Parliament candidate had claimed at least twice on a leaflet that the number of Police had increase on the streets of District; and

3)    that the Police Crime Commissioner and everyone else knew that the number of Police and PCSO has gone down in Epping Forest?

Councillor Whitbread advised that everyone was aware of the forth coming election and advised that the District had a good record on law and order.

Councillor Waller advised that he was not aware of the claims and would not like to comment until he had seen the leaflet. He advised that the police service like all other public services had been under pressure and that the number of officers on the streets may not be as high as it  ...  view the full minutes text for item 106.

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

(a)        Recycling and the Council's Green Credentials

Proposed by:   Councillor G Waller

Seconded by: Councillor J Philip

“This Council welcomes the recent publication by the Department for Environment, Food & Rural Affairs of local authority recycling statistics, demonstrating that Epping Forest District Council has the tenth highest recycling rate for local authorities in England; congratulates the District's residents on their unremitting commitment to recycling, which greatly contributes to this achievement; notes with approval this demonstration of the Council's strong green credentials; and pledges to continue its efforts to be one of the most environmentally friendly local authorities in the country.”

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

(a)        Recycling and the Council's Green Credentials

Moved by Councillor Waller and Seconded by Councillor Philip

“This Council welcomes the recent publication by the Department for Environment, Food & Rural Affairs of local authority recycling statistics, demonstrating that Epping Forest District Council has the tenth highest recycling rate for local authorities in England; congratulates the District's residents on their unremitting commitment to recycling, which greatly contributes to this achievement; notes with approval this demonstration of the Council's strong green credentials; and pledges to continue its efforts to be one of the most environmentally friendly local authorities in the country.”

Motion as first moved ADOPTED

            RESOLVED:

            That the Council;

(1)  welcomes the recent publication by the Department for Environment, Food & Rural Affairs of local authority recycling statistics, demonstrating that Epping Forest District Council has the tenth highest recycling rate for local authorities in England;

(2)  congratulates the District's residents on their unremitting commitment to recycling, which greatly contributes to this achievement;

(3)  demonstration of the Council's strong green credentials be noted; and

(4)  pledges to continue its efforts to be one of the most environmentally friendly local authorities in the country.

(Independent Member) 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)        the Allowance for the Chairman of the Constitution Working Group;

(d)        an Allowance for the Independent Persons on the Standards Committee;

Report as first moved ADOPTED

            RESOLVED:

            Basic Allowance        

(1)        That no change be made to the amount of Basic Allowance of £4,300 per Member per annum;

(2)        That in formulating future budgets, the Council would consider increasing further the level of implementation of the Basic Allowance to achieve the full Basic Allowance;

Special Responsibility Allowances

(3)        That no changes be made to the Special Responsibility Allowances;

(4)        That the Chairman of the Constitution Working Group be paid a Special Responsibility Allowance of £2,150 for 2015/16;

(5)        That the application of the Special responsibility Allowance for the Chairman of the Constitution Working Group for 2016/17 and beyond, be reviewed by the Remuneration Panel during 2015/16; and

Revised Scheme and Guidance

(6)        That the Members’ Allowances Scheme and Guidance Note for 2015/16 attached be adopted and implemented with effect from 28 May 2015.

(Environment Portfolio Holder) To consider the attached report.

Mover: Councillor Whitbread, the Leader of Council

Councillor Whitbread presented a report on the re-establishment of the Waste Management Partnership Board to monitor the Waste Management Contract with Biffa Municipal Limited and the approval of membership.

Report as first moved ADOPTED

            RESOLVED:

(1)  That the Waste Management Partnership Board be re-established from 2015/16; and

(2)  That the Membership for the Board be approved to include the following;

(a)  The Environment Portfolio Holder (as Chairman)

(b)  The Finance Portfolio Holder

(c)  The Director of Neighbourhoods

(d)  The assistant Director of Neighbourhoods (Technical); and

(e)  The Council’s representative under the Contract.

(Leader) To consider the attached report.

Mover: Councillor Whitbread, Leader of the Council

Councillor Whitbread presented a report on the Council’s Corporate Plan 2015-20 and Key Action Plan for 2015/16.

Amendment moved by Councillor K Angold-Stephens and Seconded by Councillor D Wixley.

To include the wording ‘and are available to those without a computer.’ in the third paragraph of Partnership Case Studies on page 11 of the Corporate Plan 2015-20.

Carried

            RESOLVED:

(1)  That the Corporate Plan 2015-20 and Key Action Plan for 2015/16 attached as appendix 1 be adopted.

(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) and 12.9 (a).

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

(Chairman of Overview and Scrutiny) To consider the attached report.

Mover: Councillor K Angold-Stephens, Chairman of the Overview & Scrutiny Review Task and Finish Panel

Councillor K Angold-Stephens presented a report on a review of the existing framework of the Council’s scrutiny panels.

Report as first moved ADOPTED

            RESOLVED:

(1)           That the establishment of a new overview and scrutiny framework, based on a structure of four ‘select committees’, be introduced with effect from the commencement of the 2015/16 municipal year;

(2)           That the number of members appointed to the select committees remain unchanged from the current scrutiny panel framework, and that eleven councillors be appointed to membership of each select committee by the Overview and Scrutiny, in accordance with pro-rata provisions;

(3)           That, as a result of the implementation of the new select committee framework, the existing Constitution and Member Services Scrutiny Panel be disbanded with immediate effect, and be re-established as a new ‘Constitution Working Group’ for 2015/16;

(4)           That the Appointments Panel be recommended that to ensure continuity during the on-going review of the Council’s constitution, existing members of the Constitution and Member Services Scrutiny Panel be appointed (where possible) to the Constitution Working Group for 2015/16 at the annual Council meeting on 28 May 2015, and that the total number of members appointed to the Working Group remain at eleven in accordance with pro-rata provisions;

(5)           That the proposed terms of reference of the Constitution Working Group be agreed, and the Working Group report directly to the Council in connection with the achievement of its work programme related to the review of the constitution;

(6)           That, on the recommendation of the independent Member Remuneration Panel, a Special Responsibility Allowance of £2,150 be applied to the position of the Chairman of the Constitution Working Group for 2015/16 in accordance with the Council’s Member Remuneration and Expenses Scheme; and

(7)           That the Director of Governance be authorised to undertake any consequential amendments to the Council’s constitution necessary for the implementation of the select committee framework and the Constitution Working Group, including the removal of provisions relating to the existing scrutiny panel structure as required.

(Chairman of the Constitution and Member Services Scrutiny Panel) To consider the attached report.

Mover: Councillor M Sartin Chairman of Constitution & Members Services

Councillor M Sartin submitted a report of the Constitution & Members Services Panel  regarding the review of  operational arrangements for the Planning Committees and changes to the Terms of Reference.

Councillors C C Pond, S Weston, L Mead and B Jennings stood and requested a recorded vote.

There voted for the recommendation: (28) namely: Councillors R Bassett, H Brady, K Chana, T Church, D Dorrell, R Glozier, A Grigg, J Hart, S Jones, H Kane, P Keska, J Knapman, Y Knight, J Lea, A Lion, A Mitchell, G Mohindra, R Morgan, J Philip, B Sandler, M Sartin, G Shiell, D Stallan, G Waller, S Watson, A Watts, C Whitbread, N Wright.

There voted against the recommendation: (16) namely: K Adams, K Angold-Stephens, P Gode, B Jennings, L Mead, S Murray, S Neville, C C Pond, C P Pond, C Roberts, B Surtees, T Thomas, S Weston, J H Whitehouse, J M Whitehouse and D Wixley.

There abstained from voting: (3) namely: A Boyce, R Butler and B Rolfe

Report as first moved ADOPTED

            RESOLVED:

(1)  That the attached revised Article (Appendix 2) on the operation and arrangements for planning committees be adopted;

(2)  That the District Development Control Committee be renamed District Development Management Committee;

(3)  That the revised Article be included in the Council’s Constitution with immediate effect subject to a review during 2016.

(Chairman of the Constitution and Member Services Scrutiny Panel) To consider the attached report.

Mover: Councillor M Sartin Chairman of Constitution & Members Services

Councillor M Sartin submitted a report on amendments to the Council’s Complaints Scheme.

Report as first moved ADOPTED

            RESOLVED

(1)           That Step 4, Review of Complaints by the Member Complaints Panel be discontinued;

(2)           That the provisions relating to the Complaints Panel contained within the Constitution be removed; and

(3)           That the Appointments Panel be advised that nominations to the Complaints Panel would no longer be required.

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

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

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

20                    Epping Forest Shopping Park –

Progress Report                                              3

(Assets & Economic Development Portfolio Holder) To consider the attached restricted report.

Mover: Councillor A Grigg, Assets and Economic Development Portfolio Holder

Councillor A Grigg submitted a report on a supplementary Capital estimate for ongoing consultants’ legal costs and payments to statutory undertakers whilst the negotiations with Polofind Limited on the Epping Forest Shopping Park were concluded.

Report as first moved ADOPTED

RESOLVED:

(1) That the supplementary Capital estimate of £600,000 to cover ongoing consultants’ legal costs and payments to statutory undertakers be approved.