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 Democratic Services Manager 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 meetings held on 26 May 2016 and 6 June 2016. (attached)

            RESOLVED:

That the minutes of the Council meetings held on 26 May 2016 and 6 June 2016 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, Councillor J M Whitehouse declared a non pecuniary interest in item 11, Capital Supplementary Estimate – Development of St John’s Road, Epping by virtue of being the Essex County Councillor for Epping and Theydon Bois, an Epping Town Councillor and a resident of St John’s Road. Councillor J M Whitehouse indicated that he would remain in the meeting for the consideration of the application and voting.

The Council is invited to stand for a minute’s silence in tribute to the memory of Former District Councillor Andrew O’Brien who passed away on Sunday 26 June 2016.

Andrew O’Brien served as a Conservative District Councillor representing the Epping (Epping Lindsey) Ward  from 1976 to 1999. He served on various Committees including, Environment Health & Control Committee, Finance and General Purposes Sub-Committee, Recreation and Amenities Committee, Libraries and Museums Sub-Committee, Leisure Services Committee, Plans Sub- B, public Health, North Weald Airfield Sub-Committee, Public Health Committee, Joint Staff Committee. He also served as the Leader of the Epping and Area Residents’ Association Group from 1991 until 1999.

It was with much sadness that the Chairman informed the Council of the death of former Councillor Andrew O’Brien.

Andrew O’Brien had served as a Conservative District Councillor representing the Epping (Epping Lindsey) Ward from 1976 to 1991 and as Leader of the Epping and Area Residents’ Association Group from 1991 until 1999. He had served on various Committees including, Environmental Health & Control Committee, Finance and General Purposes Sub-Committee, Recreation and Amenities Committee, Libraries and Museums Sub-Committee, Leisure Services Committee, Plans Sub-Committee B, Public Health, North Weald Airfield Sub-Committee, Public Health Committee and the Joint Staff Committee.

Members paid tribute to the memory of former District Councillor Andrew O’Brien and stood for a minute’s silence in his memory.

(a)        Apologies for Absence

(b)       Chairman’s Announcements

(a)          Announcements by the Chairman of Council

(i)         Chairman’s Events

The Chairman advised that she had attended many events around the District and had received an embroidered cushion for the Battle of the Somme Commemoration, which she intended to raffle for her charity.

(ii)        Floral Display

The Chairman announced that she proposed to send the flowers from the meeting to the residents of Cunningham House, North Weald.

To answer questions asked after notice in accordance with the provisions contained within Part 4 of the Council 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 any Portfolio Holder; or

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

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 under notice for the meeting.

To answer questions asked after notice in accordance with the provisions contained within the Council Rules in Part 4 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.

The Council Rules provide 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 questions under notice for the meeting.

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)        Leader of the Council

The Leader advised that he had made a number of changes to the Cabinet and thanked previous Members for their contributions, as well as to the new Portfolio Holders for continuing the ongoing programme of work.

The Local Plan remained the Council’s priority and consultation on the draft Local Plan was due to begin on 31 October 2016. The Leader thanked Members for attending the local workshops and the positive contributions made, which would help shape the Local Plan and the District’s future.

Furthermore, the Leader advised that he had attended a number of meetings representing the interests of the authority across Essex. The Devolution deal had been delayed, due to the majority of Essex Leaders voting against a Mayor based system. This had resulted in consultation being required with the Secretary of State to see whether an alternative system could be considered. The Leader also advised that partnership working with neighbouring authorities had produced a much better understanding between Uttlesford, Harlow and hopefully Brentwood, and there looked to be a community of interest and other possible working partnerships. The Council had also recently hosted a meeting of the Epping Forest Locality Board, which brought together Essex County Councillors, Epping Forest District Council Cabinet Members and Local Members of Parliament.

Finally the Leader and Councillor M Sartin had met with Public Health England, to establish what opportunities were available to the District arising from the relocation to Harlow.

(b)        Finance Portfolio Holder

Councillor G Mohindra advised that he had attended a Local Government Association briefing for Business rates, where local councils were set to retain 100% of Business Rates, although that would entail them gaining additional responsibilities. Furthermore there were still outstanding business rate appeals and the Council had set aside a provision of £4 million.

The consultation on Business Rates would end on 26 September 2016 and officers were working on the Council’s response.

(c)        Governance and Development Management Portfolio Holder

Councillor R Bassett updated the Council on the prosecution of an illegal eviction. The defendant had appealed her sentence and had sought a conditional discharge. The case had been listed at Chelmsford Court for the 9 September 2016.

(d)        Housing Portfolio Holder

Councillor S Stavrou informed Members that she had arranged for a summary of the Housing and Planning Act 2016 to be published in the next edition of the Council Bulletin.

The Council Rules provide for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

(i)            reports under the previous item; 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 Rules provide 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 Rules, 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 their discretion.

(a)        Impact of rents for social housing on local authorities house building programmes

Councillor S Murray asked the newly appointed Housing Portfolio Holder, whether she had been aware of the Chartered Institute of Public Finance and Accountancy and the Chartered Institute of Housing, publishing a joint report early in July 2016, which assessed that the current impact of the Government’s policy on rents for social housing, would cut the ability of local authorities to build houses by 92%, a drop from half a million to 45,000 new homes. Councillor S Murray also asked the Portfolio Holder what possible effect this would have on the Councils ability to sustain the Council house building programme.   

Councillor S Stavrou advised that she had not read that particular report and since being appointed, had met with many Officers and covered a vast array of information but would be establishing a more in-depth analysis of the Portfolio. She would supply a detailed report to Councillor S Murray regarding his question.

(b)        Business Rate Relief for the Food Bank

Councillor B Surtees asked the Finance Portfolio Holder whether the Food Bank newly located in the District, could benefit from some sort of business rates relief as a charitable status.

Councillor G Mohindra advised that he would investigate this matter.

(c)        The Effects of the Section 278 Works around Langston Road, Debden

Councillor C C Pond asked the Asset and Economic Development Portfolio Holder whether she would consider rent abatements for the Council’s commercial units in the Broadway, following concerns from traders and the notification of Section 278 Works for the Langston Road development, if a decline in trading was proved and justified.

Councillor A Grigg advised that in relation to the Section 278 Works in that area, as much as possible was being done throughout the evenings until 5.30 am, although it could take longer than originally thought. She understood the views of the traders and would certainly look into it, although could not guarantee anything and asked the traders to put together their case.

(d)        Fly Tipping on Housing Land

Councillor D Wixley asked the Environment Portfolio Holder whether the Councils approach to flying tipping on Council owned land could be treated by one system, after a request to the Neighbourhoods Team to removed fly tipping from the garage site 109-127 Pyrles Lane, Loughton, resulted in the request being referred to the Housing Management team to authorise and it was still there. 

Councillor W Breare-Hall advised that he would look into the flying tipping at the garage site immediately. Although with regards to the broader issue of fly tipping, he advised that the responsibilities to clear the fly tipping and the cost involved with it had to be attributed to the relevant service area.

(e)        Traffic Regulation Order (TRO) Scheme Reductions          

Councillor J M Whitehouse asked the Safer, Cleaner & Transport Portfolio Holder  whether the reduced list of TRO schemes in the District had incorporated all representation made by Ward Members and if not, would he  ...  view the full minutes text for item 26.

To consider any motions, notice of which has been given under Council Rules.

(a)        The condemning of racism, xenophobia and hate crimes

Proposed by: Councillor S Neville

Seconder: Councillor S Heap

“As a Council we are proud to live in a diverse and tolerant society. Racism, xenophobia and hate crimes have no place in our country. Our council condemns racism, xenophobia and hate crimes unequivocally. We will not allow hate against others to become acceptable.

We will continue to work to ensure that local bodies and programmes have the support and resources they need to fight and prevent racism and xenophobia.

We reassure all people living in this area that they are valued members of our community.”

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

(a)        The Condemning Of Racism, Xenophobia and Hate Crimes

Moved by Councillor S Neville and seconded by Councillor S Heap

“As a Council we are proud to live in a diverse and tolerant society. Racism, xenophobia and hate crimes have no place in our country. Our council condemns racism, xenophobia and hate crimes unequivocally. We will not allow hate against others to become acceptable.

We will continue to work to ensure that local bodies and programmes have the support and resources they need to fight and prevent racism and xenophobia.

We reassure all people living in this area that they are valued members of our community.”

Amendment moved by Councillor G Waller and seconded by Councillor C Whitbread

At end, add the following words:

“Council notes that the number of hate crime reports in the Epping Forest District rose during the week following the referendum on 23 June 2016 (though such incidents are rare compared with some Essex local authority areas);

It is noted, furthermore, that the figure has subsequently fallen back, although any occurrence is unacceptable.  Council welcomes the fact that all reports of hate crime are properly followed up, and that Essex Police are working closely with the Council’s Community Safety team to provide a proper response to all such reports in order to deter further incidents.”

Carried

Motion as amended ADOPTED

            RESOLVED:

That as a Council;

(1)        We are proud to live in a diverse and tolerant society. Racism, xenophobia and hate crimes have no place in our country;

(2)        We condemn racism, xenophobia and hate crimes unequivocally. We will not allow hate against others to become acceptable;

(3)        We will continue to work to ensure that local bodies and programmes have the support and resources they need to fight and prevent racism and xenophobia;

(4)        We reassure all people living in this area that they are valued members of our community;

(5)        We note that the number of hate crime reports in the Epping Forest District rose during the week following the referendum on 23 June 2016 (though such incidents are rare compared with some Essex local authority areas); and

(6)        We note that the figure had subsequently fallen back, although any occurrence was unacceptable and welcomed the fact that all reports of hate crime were properly followed up, and that Essex Police were working closely with the Council’s Community Safety team to provide a proper response to all such reports in order to deter further incidents.

To consider any reports that may arise from the Cabinet meeting on Thursday 21 July 2016.

(a)        Capital Supplementary Estimate – Development of St John’s Road, Epping

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

Councillor A Grigg submitted a report requesting a Capital supplementary estimate for the development of the St John’s Road, Epping site to fund the alternative cash contribution for Lindsay House to Essex County Council 

Report as first Moved ADOPTED

            RESOLVED:

That a Capital supplementary of £750,000 for the alternative cash contribution for Lindsay House to Essex County Council be approved.

1.         (Leader) To note the attached Leader appointment to the Essex Flood Partnership; and

2.         (Leader) To consider the attached report.

Councillor C Whitbread reported on the Leader appointment which he made to the Essex Flood Partnership which carried out Executive Functions.

The Democratic Services Manager reported on a request from the City of London Corporationto appoint member representatives to the Epping Forest Local Liaison Group.

The Council voted on appointments where the number of nominations had exceeded the number of places available.

            RESOLVED:

(1)        That Councillor W. Breare-Hall (Environment Portfolio Holder) be appointed as the Council’s representative on the Essex Partnership for Flood Management;

(2)        That Councillor G. Waller (Safer, Greener and Transport Portfolio Holder) be appointed as deputy for Councillor W. Breare-Hall as the Council’s representative on the partnership;

(3)        That the following Members be appointed as the Councils representatives on the Epping Forest Local Liaison Group for the remainder  of the municipal year in accordance with the specified membership requirements of the Corporation of London;

Councillor L Hughes - Broadley Common, Epping Upland and Nazeing;

Councillor G Chambers - Buckhurst Hill West;

Councillor W Breare-Hall - Epping Lindsay and Thornwood Common;

Councillor N Avey - Epping Hemnall;

Councillor C P Pond - Loughton St. John’s;

Councillor J Jennings - Loughton St. Mary’s;

Councillor R Baldwin - Loughton Forest;

Councillor J Philips - Theydon Bois; and

Councillor S Stavrou - Waltham Abbey High Beach.

(Chairman of Audit & Governance) To note the attached Audit & Governance Annual Report 2015/16.

The Director of Governance reported on the Audit & Governance Annual Report for 2015/16. The Finance of Portfolio Holder, Councillor G Mohindra thanked the members of the Audit and Governance Committee for their work throughout the year.

Report as first moved ADOPTED

RESOLVED:

That the Audit & Governance Annual Report for 2015/16 be noted.

(a)          To consider the Annual Overview and Scrutiny Report to Council (attached);

(b)          To note the progress report from the Chairman of the Overview and Scrutiny Committee; and

(c)          To answer any questions without notice asked in accordance with Council Rules.

(a)        Overview and Scrutiny Annual Report

The Council received the Annual Report of the Overview and Scrutiny Committee, and its Select Committees and Task and Finish Panels for 2015/16 from the Chairman of the Committee Councillor M Sartin.

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

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

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 following decisions be treated as a matter of urgency and not subject to call in;

(a)        Purchase of Street Properties - 12 Caldbeck, Waltham Abbey & 15 Willow Path, Waltham Abbey

That the Council purchase the street properties at 12 Caldbeck, Waltham Abbey and 15 Willow Path, Waltham Abbey for the sum of £335,000 and £279,950 respectively, subject to a satisfactory property searches, surveys, valuations and contracts.

(b)        Purchase of Street Properties – 11 Caneland Court, Waltham Abbey & 7 Milhoo Court, Waltham Abbey

That the Council purchase the street properties at 11 Caneland Court, Waltham Abbey and 7 Milhoo Court, Waltham Abbey in the sums of £310,000 and £290,000 respectively, subject to the completion of satisfactory property searches, surveys, valuations and contracts.

(a)          To receive the attached report from Councillor H Kane, as the Council’s representatives for the Royal Gunpowder Mills;

(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)        The Council received a written the report regarding the Royal Gunpowder Mills from Councillor H Kane, the Council’s representative and Councillor Mohindra, the Council’s Health and Wellbeing Champion.

(b)        There were no requests were made for written reports at the next meeting.