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.

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

To confirm the minutes of the meeting of the Cabinet held on 5 February 2024.

That the minutes of the Cabinet meeting held on 5 February 2024 be taken as read and signed by the Leader as a correct record.

That the minutes of the Cabinet meeting held on 5 February 2024 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.

(a)           Housing and Strategic Health Partnerships Portfolio

Councillor H Whitbread was pleased to report that two new housing developments were opened on at the beginning of March as part of the Council’s housebuilding programme. Fitch House in Waltham Abbey was named after Mick Fitch the former, late Waltham Abbey Mayor, and Brokenshire Court in Buckhurst Hill was named after the late Rt Hon James Brokenshire MP.

(b)           Finance and Economic Development Portfolio

Councillor J Philip reported on the successful Meet the Construction Buyer event on 14 March at the Civic Offices Conference Centre. It was very well attended by businesses and representatives who could deliver significant support for new businesses. Representatives from three further education colleges, New City College, Harlow College and Hertfordshire College, also attended. The feedback on the event had been very positive for us as an economic development organisation and good connections had been made.

(c)            Community Health and Wellbeing Portfolio

Councillor S Patel reported that the recent Stay Safe and Well event in Ongar attended by residents went really well.

(d)           Leader Portfolio

Councillor C Whitbread observed that members had also visited ground maintenance teams around the estates, which had been very useful.

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.

Councillor D Wixley (Chairman) had nothing further to report to the Cabinet as there had been no recent meetings of the Overview and Scrutiny Committee, except to announce that members of the newly elected Youth Council would be giving a presentation to the Committee at the next meeting on 23 April 2024.

(Leader – Cllr C Whitbread) To recommend the Pay Policy Statement to Council, subject to any amendments or suggestions (C-045-2023-24).

That the Cabinet recommended the Pay Policy Statement to Council for approval without any amendments.

The Leader advised the Council was required under the Localism Act 2011, Section 38 (1), to produce a Pay Policy Statement for each financial year that set out details of its remuneration policy. Specifically, it should include the Council’s approach to its highest and lowest paid employees and was published annually on the Council’s website.

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

As no questions were raised by other Cabinet members or councillors present at the meeting, the Cabinet agreed to recommend the Pay Policy Statement to Council for approval without any amendments.

            Decision:

That the Cabinet recommended the Pay Policy Statement to Council for approval without any amendments.

(Housing and Strategic Health Partnerships – Cllr Holly Whitbread) To adopt the proposed Condensation, Damp and Mould Policy (C-046-2023-24).

That the Cabinet adopted the Condensation, Damp and Mould Policy.

The Housing and Strategic Health Partnerships Portfolio Holder explained the Council had a duty to get rid of damp and mould in council housing stock. The policy would ensure how we dealt with this and it had been scrutinised by the Communities Scrutiny Committee.

The Finance and Economic Development Portfolio Holder remarked that the scrutiny comments had been very positive and were included in the report.

Councillor I Allgood was concerned that private leaseholders were not allowed to buy new replacement windows under the Council’s existing policy which resulted in the following observations:

·     Councillor N Bedford – the Council had to be careful what it allowed because under the new Fire Safety Act windows must be fire retardant and requests for replacement windows needed to go through Housing.

·     Councillor K Williamson – other local authorities had a list of suppliers that leaseholders could use.

·     Councillor D Wixley – replacement windows needed to match other windows in the block.

Councillor H Whitbread remarked this was a good point to raise. The Interim Director of Housing and Property, S Balu, replied that the Council would look at these requests on a case-by-case basis.

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

            Decision:

That the Cabinet adopted the Condensation, Damp and Mould Policy.

(Housing and Strategic Health Partnerships – Cllr Holly Whitbread) To approve the outline EFDC 2024-2029 Housing Asset Management Strategy, see Appendix 1 attached (C-047-2023-24).

That the Cabinet approved the outline EFDC 2024-2029 Housing Asset Management Strategy.

The Housing and Strategic Health Partnerships Portfolio Holder stated that this was a good comprehensive strategy that had been scrutinised by the Communities Scrutiny Committee members and their comments had been included in the report. People had to have lived in the District for seven years to register for council housing. The report listed the drivers for change and the challenges which included improving the customer experience and looking at the condition and desirability of the housing stock. The Interim Director of Housing and Property continued that an annual delivery plan would form part of the policy every year and good data had been collated on the condition of the housing stock.

Councillor J Philip commended the work done on this. The Council was looking to see if it could improve on its working relationship with Qualis to deliver better value for money, as detailed in the strategy.

Councillor H Whitbread emphasised the importance of the partnership between EFDC and Qualis and to always provide as much council housing as possible.

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

            Decision:

That the Cabinet approved the outline EFDC 2024-2029 Housing Asset Management Strategy.

(Regulatory Services – Cllr K Williamson) To agree to adopt the proposed updated overarching tree policy for a 5-year period (C-048-2023-24).

That the Cabinet adopted the proposed updated overarching tree policy for a 5-year period.

The Regulatory Services Portfolio Holder, Councillor K Williamson, outlined the updated Tree Policy for the next five years, which defined the approach to the management of trees owned by the District Council and the publicly owned highway trees under the stewardship of Essex County Council. Place Scrutiny Committee had also reviewed this policy on 27 February 2024.

Councillor J Philip was pleased by the significant number of new trees that had been planted, which was good for the environment, and the importance of not allowing green belt land to be built on.

Councillor D Wixley queried why EFDC would not undertake works on trees that interfered with telephone lines or television or satellite reception. What would happen and would the Council take action if, for example, a street tree with a TPO on it interfered with a telephone line? The Regulatory Services Director, M Thompson, replied that in such instances, this was usually dealt with on a case-by-case basis, but she would clarify this after the meeting with Councillor Wixley.

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

            Decision:

That the Cabinet adopted the proposed updated overarching tree policy for a 5-year period.

(Place – Cllr N Bedford) To agree to endorse the Draft Latton Priory Strategic Design Code (Appendix A) (C-049-2023-24). Please note: Appendix A is published separately.

For information: Appendices attached include – B (Consultation report), C (Consultee response report), D (Design code testing report), E (Highways technical report) and F (Latest Quality Review Panel report).

(1)           That the Cabinet noted the process undertaken and the outputs from the public consultation on the Draft Latton Priory Strategic Design Code undertaken between October 2023 and January 2024.

(2)           That the Cabinet formally endorsed the Draft Latton Priory Strategic Design Code (Appendix A of Agenda report) 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 the Planning Services Director, in consultation with the Place Portfolio Holder, be authorised to make minor amendments to the Latton Priory Strategic Design Code prior to publication.

The Place Portfolio Holder, Councillor N Bedford, outlined the development of the Latton Priory design code that responded to its allocation in SP4 (Garden Communities) in EFDC’s Adopted Local Plan and followed on from the endorsement of the site promoters’ strategic masterplan framework for the site in July 2023. The Latton Priory site was one of seven strategic masterplan areas in the district and one of three new Harlow and Gilston Garden Town (HGGT) communities in, or partially in, the district. A minimum of 1,050 homes, primary and secondary schools, employment land, five traveller pitches, a local centre, community facilities and significant green space including a SANG (Suitable Alternative Natural Greenspace) were allocated within this master plan. Under the Local Plan, all masterplan sites required a design code as part of the masterplanning process. The design code set out site-wide strategies and key design requirements that aimed to secure a high quality, healthy and vibrant public realm. Developed in collaboration with key HGGT partners, the Quality Review Panel had reviewed it twice. A formal public and stakeholder consultation was also organised between October and December last year.

The Leader commended the significant consultation that had been undertaken but no questions were raised by other Cabinet members or councillors present at the meeting.

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 Design Code undertaken between October 2023 and January 2024.

(2)           That the Cabinet formally endorsed the Draft Latton Priory Strategic Design Code (Appendix A of Agenda report) 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 the Planning Services Director, in consultation with the Place Portfolio Holder, be authorised to make minor amendments to the Latton Priory Strategic Design Code prior to publication.

(Place – Cllr N Bedford) To agree to formally adopt the EHMG SPD (C-050-2023-24). Please note: Appendix A (HGGT Board East of Harlow Masterplanning Guidance Adoption SPD report) is attached.

For information: Appendices published separately include – B (Draft East of Harlow Masterplanning Guidance SPD) and C (East of Harlow Consultation Report).

That the Cabinet agreed to defer this item to a future Cabinet meeting.

The Leader announced that the report would be deferred to a future Cabinet meeting as further work was necessary.

Decision:

That the Cabinet agreed to defer this item to a future Cabinet meeting.

(Place – Cllr N Bedford) To agree to formally endorse the North Weald Bassett Strategic Masterplan Framework (C-051-2023/24). Please note: Appendices attached include – B (Consultation Report) and D (Quality Review Panel Report).

For information: Appendices published separately include – A (Final Draft Strategic Masterplan Framework, parts 1 - 6) and C (Statutory and Other Written Consultee Responses).

(1)           That the Cabinet noted the process undertaken and the outputs from the public consultation on the Draft North Weald Bassett Strategic Masterplan Framework undertaken between November 2023 and January 2024.

(2)           That the Cabinet formally endorsed the North Weald Bassett Strategic Masterplan Framework 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 the Planning Services Director, in consultation with the Place Portfolio Holder, be authorised to make minor amendments to the North Weald Bassett Strategic Masterplan Framework, including any document accessibility requirements, prior to publication.

The Place Portfolio Holder reported that the development of the Strategic Masterplan Framework (SMF) responded to the adopted Local Plan allocation policy P6 (North Weald Bassett). As one of the allocated strategic masterplan sites, the need for a SMF had been identified. The North Weald Bassett masterplan site was allocated for a minimum of 1,050 homes, a local centre including retail, community and sporting facilities, the appropriate provision of health facilities, education provision (early years and primary school places), as well as above requirement levels of public open space including a SANG. Developed collaboratively, the SMF had been reviewed by the Local Planning Authority and Essex officers as part of the Planning Performance Agreement process. Also, the Quality Review Panel had reviewed it three times. Extensive informal public consultation had been undertaken between 2018 to the summer of 2023 culminating in a formal consultation between November 2023 and January 2024 with the public and statutory consultees, which had resulted in the SMF being updated to reflect these comments as appropriate.

The Leader remarked that the Council had been very open with the consultation process. By endorsing the SMF, it would become enshrined within the masterplan site as an important material consideration in the determination of future planning applications, pre-application advice and other development management purposes relating to the site. The Leader emphasised the airfield was only a small part of it and that aviation operations would continue.

Councillor J Philip stated that the development of the North Weald Airfield was designed so it could continue as this was critical to the whole district. He was impressed with the amount of consultation and the significant number of benefits to be provided on the masterplan site. The protection of the listed assets, SANG and enhancements to public rights of way were clear examples of improvements to North Weald Bassett and the district.

Councillor N Bedford commented on the circular bus routes that had been designed as well as the bus routes that joined up North Weald with the airfield. He commended the officers for their work on these detailed reports.

Councillor R Brookes asked why the primary school had been opposed to the idea. Councillor N Bedford replied he thought it was because the school was in an isolated position, but the masterplan specified how the school would be encouraged to develop further and that there must be an additional facility for educational needs.

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 North Weald Bassett Strategic Masterplan Framework undertaken between November 2023 and January 2024.

(2)           That the Cabinet formally endorsed the North Weald Bassett Strategic Masterplan Framework 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  ...  view the full minutes text for item 121.

(Leader – Cllr C Whitbread) To agree the proposed governance structure for the Fit for the Future Transformation Portfolio in this report and Appendix F (C-052-2023-24).

That the Cabinet agreed the proposed governance structure for the Fit for the Future Transformation Portfolio, as laid out within the agenda report and Appendix F.

The Leader reported that the fortunate sale of land to Google had been beneficial to the Council’s Budget. The portfolio of transformation activity over the next 4 years would ensure the Council continued to operate within its financial means and to deliver services that residents and businesses needed, as the Council knew it would have to find substantial savings in the future. EFDC was working closely with a number of other local authorities in North Essex. Shared services were going well, principally with Braintree and Colchester councils, as well as the collaboration with Essex colleagues on the procurement collaborative and other various projects. A governance structure was required to enable us to move forward with this transformation and a further report on Fit for the Future would be going to the next Cabinet meeting on 28 May 2024.

Councillor J Philip remarked that working collaboratively was definitely the right direction to go. He clarified that when the budget was approved by Council on 20 February 2024, the full £3 million was not included but we had a strategy to facilitate this. The Council was expecting a significant return and confirmed there was no danger of the Council moving into a S114 situation.

The Leader reiterated this was a sound Council. Transformation was part of the process as it would help us build for the future to drive our revenue streams, savings and efficiencies to deliver more for residents and businesses.

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

Decision:

That the Cabinet agreed the proposed governance structure for the Fit for the Future Transformation Portfolio, as laid out within the agenda report and Appendix F.

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.

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 the Cabinet agreed, 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 below on the 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):

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 Delivery and Improvement – Cllr R Balcombe) To approve the contractor for the design and build of the Operations Hub and agree the budget recommendation (C-053-2023-24).

(1)           That the Cabinet approved the appointment of Barnes Construction for the design and build of the Operations Hub at North Weald Airfield.

(2)           That the Cabinet recommended to Council the inclusion of a maximum additional £1,733,000 allocation within the capital programme for construction of Operations Hub at North Weald Airfield.

It was noted this item was considered in private session. 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 appointment of Barnes Construction for the design and build of the Operations Hub at North Weald Airfield.

(2)           That the Cabinet recommended to Council the inclusion of a maximum additional £1,733,000 allocation within the capital programme for construction of Operations Hub at North Weald Airfield.