Agenda, decisions and minutes

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

The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of subsequent repeated viewing, with copies of the recording being made available for those that request it.

By being present at this meeting, it is likely that the recording cameras will capture your image and this will result in your image becoming part of the broadcast.

You should be aware that this may infringe your human and data protection rights. If you have any concerns then please speak to the Webcasting Officer.

Please could I also remind Members to activate their microphones before speaking.”

The Leader of Council made a short address to remind everyone present that the meeting would be broadcast live to the internet, and would be capable of repeated viewing, which could infringe their human and data protection rights.

To declare interests in any item on this agenda.

There were no declarations of interest made pursuant to the Council’s Members’ Code of Conduct.

To confirm the minutes of the meeting of the Cabinet held on 30 May 2023.

That the minutes of the Cabinet meeting held on 30 May 2023 be taken as read and signed by the Leader as a correct record.

Decision:

That the minutes of the Cabinet meeting held on 30 May 2023 be taken as read and signed by the Leader as a correct record.

To receive oral reports from Portfolio Holders on current issues concerning their Portfolios, which are not covered elsewhere on this agenda.

There were no verbal reports made by Members of the Cabinet on current issues affecting their areas of responsibility.

To receive any questions submitted by members of the public and any requests to address the Cabinet.

(a)        Public Questions

To answer questions asked by members of the public after notice in accordance with the provisions contained within Part 4 of the Constitution (Council Rules, Rule Q3) on any matter in relation to which the Cabinet has powers or duties or which affects the District.

(b)       Requests to Address the Cabinet

Any member of the public or a representative of another organisation may address the Cabinet on any agenda item (except those dealt with in private session as exempt or confidential business) due to be considered at the meeting, in accordance with the provisions contained within Article 7 of the Constitution (The Executive, Paragraphs 27 and 28).

The Cabinet noted that no public questions or requests to address the Cabinet had been received for consideration at the meeting.

To consider any matters of concern to the Cabinet arising from the Council’s Overview and Scrutiny function and to identify any matters that the Cabinet would like the Overview and Scrutiny Committee to examine as part of its work programme.

(a)        Overview and Scrutiny Committee – it was noted that there was nothing to report as the first meeting this municipal year would be held on 18 July 2023.

(b)        Place Scrutiny Committee (4 July) – Councillor H Kane reported the Committee had reviewed its Terms of Reference and work programme, subject to final approval by the Overview and Scrutiny Committee on 18 July. A presentation by Qualis had been made on Grounds Maintenance. The Committee had also reviewed the Climate Change Action Plan priorities. It had also agreed with the report recommendations on the future delivery options of the Waste Collection Services before this Cabinet meeting.

(c)        Communities Scrutiny Committee (27 June) – Councillor A Patel had circulated a short summary to members prior to the meeting regarding the scrutiny undertaken of the Residents Involvement Strategy 2022/27. The Committee had recommended that the draft strategy be agreed by Cabinet this evening.

(Place – Cllr N Bedford) To agree to formally endorse the strategic masterplan framework (C-007-2023-24). Please note Appendices A – D are attached separately to this agenda.

(1)           That the Cabinet noted the process undertaken and the outputs from the public consultation on the Draft Latton Priory Strategic Masterplan Framework undertaken between November 2022 and January 2023.

(2)           That the Cabinet agreed that the Latton Priory Strategic Masterplan Framework be formally endorsed in order for it to be taken into account as an important material consideration in the determination of future planning applications, and to inform pre-application advice, assessing planning and any other development management and implementation related purposes relating to the site.

(3)           That the Cabinet agreed that the Planning Services Director, in consultation with the Planning Portfolio Holder, be authorised to make minor amendments to the Latton Priory Strategic Masterplan Framework, including any document accessibility requirements, prior to publication.

Place Portfolio Holder, Councillor N Bedford, introduced the report on the development of the Latton Priory Strategic Masterplan Framework (SMF). It responded to EFDC’s Adopted Local Plan (March 2023) Policy SP 3 Development & Delivery of Garden Communities in the Harlow and Gilston Garden Town and Policy SP 4 Garden Town Communities, and SP 4.1 Latton Priory Masterplan Area allocation. The Harlow and Gilston Garden Town would aim to coordinate and enable delivery of 16,000 homes by 2033, along with associated infrastructure, in and around Harlow, East Herts and Epping Forest Districts, delivering the Garden Town Vision, principles and guidance that had been agreed by the five partner councils. The provision of 3,900 homes within Epping Forest District made up over a third of the District’s allocated housing. The Place Portfolio Holder and I Braddick (Harlow & Gilston Garden Town District Lead EFDC) answered councillors questions.

The report set out the options considered, if any, and the reasons for the recommendation and the decision.

Decision:

(1)           That the Cabinet noted the process undertaken and the outputs from the public consultation on the Draft Latton Priory Strategic Masterplan Framework undertaken between November 2022 and January 2023.

(2)           That the Cabinet agreed that the Latton Priory Strategic Masterplan Framework be formally endorsed in order for it to be taken into account as an important material consideration in the determination of future planning applications, and to inform pre-application advice, assessing planning and any other development management and implementation related purposes relating to the site.

(3)           That the Cabinet agreed that the Planning Services Director, in consultation with the Planning Portfolio Holder, be authorised to make minor amendments to the Latton Priory Strategic Masterplan Framework, including any document accessibility requirements, prior to publication.

(Place – Cllr N Bedford) To approve the draft East of Harlow Masterplanning Guidance SPD for formal public consultation planned for summer 2023 (C-008-2023-24). Please note Appendix A is attached separately to this agenda.

(1)           That the Cabinet approved the draft East of Harlow Masterplanning Guidance SPD (Appendix A) for formal public consultation planned for summer 2023.

(2)           That the Cabinet agreed that the HGGT Director, in consultation with the Chair of HGGT Board be authorised to make minor amendments to the draft East of Harlow Masterplanning Guidance SPD prior to publication for consultation.

(3)           That the Cabinet noted that, following consultation and any subsequent revisions, it was intended that the final East of Harlow Masterplanning Guidance SPD would be considered by Cabinet for adoption as a material planning consideration for assessing planning applications, pre-application advice, and any other development management purposes within the East of Harlow Masterplan Area.

The Place Portfolio Holder introduced the report for East of Harlow which was one of HGGT’s strategic sites. Located across the Harlow District (HDC) and Epping Forest District Council (EFDC) border, 2,600 homes were proposed within Harlow and 750 homes within Epping Forest District, as allocated in the adopted EFDC Local Plan (2023). It also included the proposed site for the new Princess Alexandra Hospital and was covered by Essex County Council (ECC) as the Highways Authority. Since the masterplanning of the site had lacked sufficient progress, which could result in a potential impact on delivery timescales for homes and infrastructure on the site, the HGGT Partnership had agreed to produce a document for the East of Harlow site to provide masterplanning principles. The Place Portfolio Holder and I Braddick answered members questions.

The report set out the options considered, if any, and the reasons for the recommendation and the decision.

Decision:

(1)           That the Cabinet approved the draft East of Harlow Masterplanning Guidance SPD (Appendix A) for formal public consultation planned for summer 2023.

(2)           That the Cabinet agreed that the HGGT Director, in consultation with the Chair of HGGT Board be authorised to make minor amendments to the draft East of Harlow Masterplanning Guidance SPD prior to publication for consultation.

(3)           That the Cabinet noted that, following consultation and any subsequent revisions, it was intended that the final East of Harlow Masterplanning Guidance SPD would be considered by Cabinet for adoption as a material planning consideration for assessing planning applications, pre-application advice, and any other development management purposes within the East of Harlow Masterplan Area.

(Place – Councillor N Bedford) To approve the draft charter for formal public consultation (C-009-2023-24). Please note Appendix A is attached separately to this agenda.

(1)           That the Cabinet approved the draft Harlow and Gilston Garden Town (HGGT) Stewardship Charter (Appendix A) for formal public consultation planned for summer 2023.

(2)           That the Cabinet agreed that the HGGT Director, in consultation with the Chair of HGGT Board be authorised to make minor amendments to the HGGT Stewardship Charter prior to publication for consultation.

Effective stewardship of the four new HGGT communities was critical to the success and delivery of the HGGT Vision. Planning for these stewardship arrangements would ensure that the HGGT had a sustainable and thriving legacy long after the development phase had completed. In June 2022, the HGGT Board recommended the preparation of stewardship guidance to positively influence stewardship proposals across the Garden Town via the development of a draft HGGT Stewardship Charter. On 13 June 2022 the HGGT Board approved the draft HGGT Stewardship Charter for formal public consultation and recommended that each partner council formally agreed to publicly consult on the draft Charter. Details of this were included in the report which was presented by the Place Portfolio Holder.

The report set out the options considered, if any, and the reasons for the recommendation and the decision.

Decision:

(1)           That the Cabinet approved the draft Harlow and Gilston Garden Town (HGGT) Stewardship Charter (Appendix A) for formal public consultation planned for summer 2023.

(2)           That the Cabinet agreed that the HGGT Director, in consultation with the Chair of HGGT Board be authorised to make minor amendments to the HGGT Stewardship Charter prior to publication for consultation.

(Housing and Strategic Health Partnerships – Cllr H Whitbread) To consider and endorse the Housing Resident Involvement Strategy 2022 / 27 (C-011-2023-24).

(1)           That the Cabinet endorsed the Resident Involvement Strategy 2022/27.

The Regulator of Social Housing (RSH) regulated registered providers of social housing to promote a viable, efficient, and well-governed social housing sector, which was able to deliver homes that met a range of needs. The regulatory framework for social housing in England was based on three economic standards and four consumer standards that all registered social housing providers must adhere to. This included the Tenant Involvement and Empowerment (Consumer) Standard 2017. Meaningful resident involvement was a key part of delivering sustainable communities and helped to improve the quality of life of our residents, as well as giving residents a voice to shape future decisions and improve services. The EFDC Resident Involvement Strategy 2022/27 provided a new framework for resident involvement, which recognised that there was no ‘one size fits all’. It set out a wide range of engagement opportunities for residents to ‘Get Involved’ as much or as little as they might wish, based on their interests, time available and preferred method of communication. The Leader, Councillor C Whitbread, presented the report and answered members questions.

The report set out the options considered, if any, and the reasons for the recommendation and the decision.

Decision:

(1)           That the Cabinet endorsed the Resident Involvement Strategy 2022/27.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 24 of the Council Procedure Rules contained in the Constitution requires that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee.  Two weeks' notice of non-urgent items is required.

It was noted that there was no other urgent business for consideration by the Cabinet.

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.

Background Papers

Article 17 of the Constitution (Access to Information) 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 and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

That under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below on grounds that they would 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):

It was agreed that under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below on grounds that they would 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):

(Contracts, Service Deliver and Improvements – Councillor R Balcombe) To agree the preferred option for the future delivery of Waste Collection Services (C-010-2023-24).

(1)           That the Cabinet agreed that the preferred option for the future delivery of Waste Collection Services was to be delivered through a wholly owned Epping Forest District Council (EFDC) subsidiary (option 2 in attached waste options report, Appendix 1).

(2)        That the Cabinet agreed that this programme of work would be sponsored by Epping Forest District Council’s Chief Operating Officer and project ownership by Service Director Contracts.

(3)        That the Cabinet agreed to continue to work with OPS Ltd in their role as project management and implementation support.

(4)        That the Cabinet agreed to stop the procurement for a waste contractor and not to proceed with Stage 2 of the procurement process.

Councillor R Balcombe (Contracts, Service Delivery and Improvement Portfolio Holder) and J Warwick (Contracts Service Director) introduced the report, which was discussed in private session and answered the Committee’s questions.

Decision:

(1)           That the Cabinet agreed that the preferred option for the future delivery of Waste Collection Services was to be delivered through a wholly owned Epping Forest District Council (EFDC) subsidiary (option 2 in attached waste options report, Appendix 1).

(2)           That the Cabinet agreed that this programme of work would be sponsored by Epping Forest District Council’s Chief Operating Officer and project ownership by Service Director Contracts.

(3)           That the Cabinet agreed to continue to work with OPS Ltd in their role as project management and implementation support.

(4)           That the Cabinet agreed to stop the procurement for a waste contractor and not to proceed with Stage 2 of the procurement process.