Agenda, decisions and minutes

This meeting is to be webcast and the Chairman will read the following announcement:

“I would like to remind everyone present that this hybrid meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or other such use by third parties).

Therefore, by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings for webcasting and/or training purposes. If any public speakers on MS Teams do not wish to have their image captured, they should ensure that their video setting throughout the meeting is turned off and set to audio only.

Please also be aware that if technical difficulties interrupt the meeting that cannot be overcome, I may need to adjourn the meeting.

Members are reminded 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.

(a)           Pursuant to the Council’s Members’ Code of Conduct, Councillor H Whitbread declared a non-pecuniary interest in the Epping Forest District Museum (restricted) agenda item by virtue of being a Trustee of the Epping Forest District Museum, and that she would remain in the meeting for its consideration in private session.

(b)           Pursuant to the Council’s Members’ Code of Conduct, Councillor R Brookes declared a non-pecuniary interest in the Epping Forest District Museum (restricted) agenda item by virtue of being a member of the Museums Association, and that she would remain in the meeting for its consideration in private session.

To confirm the minutes of the meeting of the Cabinet held on 10 July 2023.

That the minutes of the Cabinet meeting held on 10 July 2023 be taken as read and signed by the Leader as a correct record.

That the minutes of the Cabinet meeting held on 10 July 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.

The Chairman of the Committee, Councillor D Wixley, reported that the Cabinet and Scrutiny Chairmen Joint Meeting in September had been postponed to 14 November 2023. The next meeting of the Overview and Scrutiny Committee would be held on 24 October 2023.

(Cllr – N Bedford) To agree that the draft Strategic Design Code be approved for public consultation (C-012-2023-24). Please note Appendices 1 and 2 are attached separately to this agenda.

(1)           That the Draft Latton Priory Strategic Design Code (Appendix A) be approved for public consultation for a six-week period; and

(2)           That the Planning Services Director, in consultation with the Place Portfolio Holder be authorised to make minor amendments to the Draft Latton Priory Strategic Design Code prior to publication for consultation.

Councillor N Bedford introduced the report. The Strategic Design Code focused particularly on strategies to encourage sustainable movement and create a high-quality public realm with the aim of realising a vibrant and resilient new neighbourhood in line with the Garden Town Vision. The design code also supported other policies within the adopted Local Plan, SP2 (Placeshaping) and SP3 (Development and Delivery of Garden Communities in the Harlow and Gilston Garden Town), including those relating to green and blue infrastructure (policies SP6 and DM5), sustainable transport choices (Policy T1) and high-quality design (Policies DM9 and DM10). The report provided an update on the aims, objectives and scope of the design code and confirmed the proposed consultation timescales on the draft design code document.

The Cabinet noted that the Strategic Design Code would be endorsed at a future Cabinet meeting, as a material consideration in the determination of planning applications for the Latton Priory strategic masterplan area.

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

Decision

(1)           That the Draft Latton Priory Strategic Design Code (Appendix A) be approved for public consultation for a six-week period; and

(2)           That the Planning Services Director, in consultation with the Place Portfolio Holder be authorised to make minor amendments to the Draft Latton Priory Strategic Design Code prior to publication for consultation.

(Cllr J Philip) To discuss and agree any actions required (C-016-2023-24).

That the Cabinet noted and agreed the report.

Councillor J Philip (Finance and Economic Development Portfolio Holder) presented the third quarterly monitoring report that covered the period from 1 January – 31 March 2023. Beyond the difficulties and challenges created by the economic factors previously reported, Qualis continued to make positive returns in 3 of its 4 companies, albeit below target levels. As reported in quarter 2, Qualis Living was finding achieving targets the most difficult, which was attributed to over optimistic targets for the year given the current economic conditions. This would be addressed in the next Qualis Business plan when targets would be revised again to reflect current market conditions. Despite the difficult trading conditions, the position still included almost £2 million of interest payments made by Qualis to the Council (over the previous 12 months) for its lending and these directly supported the Council’s continued provision of valued services. Although Qualis reported a loss for quarter 3, this was largely attributed to delays in completing the Cottis Lane car park in Epping and receiving car park income and lower fees for the management of the EFDC assets. The Portfolio Holder answered members questions’, but no further actions were raised.

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

            Decision:

That the Cabinet noted and agreed the report.

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.

(a)           Financial Planning Framework 2024/25 to 2028/29

(1)           That the Cabinet noted the backdrop to the Financial Planning process for 2024/25 to 2028/29, including the Balance Sheet trajectory in the light of the 2022/23 budget outturn and the latest 2023/24 spending forecast; and

(2)           That the Cabinet agreed the proposed approach to Financial Planning for 2024/25 to 2028/29, including the reporting and governance timetable summarised in Appendix A.

(b)           Quarter 1 Budget Monitoring Report 2023/24

(1)           That the Cabinet noted the General Fund revenue position at the end of Quarter 1 (30th June 2023) for 2023/24, including actions being undertaken or proposed to ameliorate the position, where significant variances had been identified (including Appendix A);

(2)           That the Cabinet noted the General Fund capital position at the end of Quarter 1 (30th June 2023) for 2023/24 (including Appendix B);

(3)           That the Cabinet noted the Housing Revenue Account revenue position at the end of Quarter 1 (30th June 2023) for 2023/24, including actions proposed to ameliorate the position, where significant variances had been identified;

(4)           That the Cabinet noted the Housing Revenue Account capital position at the end of Quarter 1 (30th June 2023) for 2023/24 (including Appendix C); and

(5)        That the Cabinet noted the wider position on Financial Performance and Risk at the end of Quarter 1 (30th June 2023).

(a)           Financial Planning Framework 2024/25 to 2028/29

The Finance and Economic Development Portfolio Holder introduced the report and highlighted the financial pressures that were being driven by a difficult economic backdrop, as the Council had no control over inflation, energy costs and construction costs. The report set out the financial challenges on the General Fund budget and Housing Revenue Account. A tailored Financial Planning approach, which developed the 2024/25 Budget and updated Medium-Term Financial Plan (MTFP) through to 2028/29 was therefore proposed, within a governance framework spanning five months that began with this report and would culminate in full Council setting a balanced budget in February 2024. The Portfolio Holder answered questions from councillors which centred on employee costs, unfilled posts, and interim positions.

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 backdrop to the Financial Planning process for 2024/25 to 2028/29, including the Balance Sheet trajectory in the light of the 2022/23 budget outturn and the latest 2023/24 spending forecast; and

(2)           That the Cabinet agreed the proposed approach to Financial Planning for 2024/25 to 2028/29, including the reporting and governance timetable summarised in Appendix A.

(b)           Quarter 1 Budget Monitoring Report 2023/24

This report set out the 2023/24 General Fund and Housing Revenue Account budget positions, for both revenue and capital, for the first quarter as at 30th June 2023. It also considered a range of other Financial Performance and Risk indicators alongside the budget position. In terms of General Fund revenue expenditure, a budget overspend of £1.523 million was projected. The position at quarter 1 was generally positive with performance and compliance in most areas not raising any concerns, although there were some challenges that should be noted, including the collection of Sundry Debts and rising Financing costs. In response to questions, the Portfolio Holder advised service areas would be looking at overspends and looking to make savings, if possible.

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 General Fund revenue position at the end of Quarter 1 (30th June 2023) for 2023/24, including actions being undertaken or proposed to ameliorate the position, where significant variances had been identified (including Appendix A);

(2)           That the Cabinet noted the General Fund capital position at the end of Quarter 1 (30th June 2023) for 2023/24 (including Appendix B);

(3)           That the Cabinet noted the Housing Revenue Account revenue position at the end of Quarter 1 (30th June 2023) for 2023/24, including actions proposed to ameliorate the position, where significant variances had been identified;

(4)           That the Cabinet noted the Housing Revenue Account capital position at the end of Quarter 1 (30th June 2023) for 2023/24 (including Appendix C); and

(5)        That the Cabinet noted the wider position on Financial Performance and Risk at the end of Quarter 1 (30th June 2023).

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 item of business set out below on grounds that it 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):

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 it 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):

(Community Health and Wellbeing – Cllr S Patel) To consider the options detailed in the report and agree the preferred option (C-013-2023-24).

That the Cabinet considered the Epping Forest District Museum Grant Support Options Report as set out at Appendix 1 and agreed to grant funding support Option 2.

Councillor J Philip (Finance and Economic Development Portfolio Holder) introduced the report, which was discussed in private session and answered the Committee’s questions along with Mr S Hunt (Museum Consultant) and G Wallis (Service Manager – Community and Wellbeing).

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

            Decision:

That the Cabinet considered the Epping Forest District Museum Grant Support Options Report as set out at Appendix 1 and agreed to grant funding support Option 2.