Agenda, decisions and minutes

1.         This virtual meeting is to be webcast. Members are reminded of the need to unmute before speaking.

2.         The Chairman 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).

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

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.

1.            Pursuant to the Council’s Member Code of Conduct, Councillor R Bassett declared a non-pecuniary interest in agenda item 8 – ‘Delivery of Bakers Lane Leisure Centre’, by virtue of being a member of the Qualis Board. The Councillor had determined that his interest was non-prejudicial and that he would stay in the meeting for the consideration of the item.

2.            Pursuant to the Council’s Member Code of Conduct, Councillor R Bassett declared a non-pecuniary interest in agenda item 12 – ‘Qualis Quarterly Monitoring Report Q1 2020/21’, by virtue of being a member of the Qualis Board. The Councillor had determined that his interest was non-prejudicial and that he would stay in the meeting for the consideration of the item.

To confirm the minutes of the meeting of the Cabinet held on 11 March 2021.

That the minutes of the Cabinet meeting held on 11 March be taken as read and would be signed by the Leader as a correct record.

Decision:

That the minutes of the Cabinet meeting held on 11 March 2021 be taken as read and would be 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.

The Commercial and Regulatory Services Portfolio Holder, Councillor Patel, updated the meeting on council owned assets on Loughton High Road and the Broadway. In December 2019 EFDC purchased the freehold for some properties in Centric Parade and 202 to 226 High Road Loughton, consisting of 18 retail premises, office premises and 9 residential flats. This parade had been hit by the effects of the Covid lockdown and 6 shops had become vacant and 2 had come to an arrangement for lower rental costs during this period. We now had offers for three of the four vacant shops. The premises on the High Road were also being let or were in the process of being let. All this has been achieved during lockdown.

As for the Broadway we have let 6 out of 7 units in the Landmark building, with the remaining unit under offer. In respect of the 68 shops on the Broadway, except for one shop (now under offer) all shops remain occupied. This was a good news story for the council, and he thanked the estates team for finding tenants during this last lockdown period.

The Customer and Corporate Support Services Portfolio Holder, Councillor S Kane, updated members on the current problems had by members on their iPads. This was due to a problem that Microsoft was having with Outlook and its connection with Apple products. They were working to resolve this as soon as possible.

The Finance and Economic Development Portfolio Holder, Councillor J Philip updated the meeting on the reopening of shops after this latest lockdown. They had made the carparks free for the first week to facilitate the public to get used to using the shops again. Speaking to the public and shopkeepers, officers found that this was much appreciated and made it a successful first week back.

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 Overview & Scrutiny Committee reported that the following items of business had been considered at its meeting held on 15 April 2021:

The Committee had received an annual progress report on the work undertaken by the Epping Forest Youth Council supported by the Community, Culture and Wellbeing Team. Four Youth Councillors gave an informative presentation on the activities of the Youth Council.       

Our second presentation covered local mental health services for young people, which complemented the Youth Councillors’ work on mental health issues. Ms S Garner, the Assistant Director, Southend, Essex and Thurrock Children and Young Peoples Emotional Wellbeing and Mental Health Collaborative/Programme Director Joint Commissioning SEND (Essex)), outlined the emotional wellbeing and mental health services available for young people.

The Overview and Scrutiny 2020/21 draft Annual Report on the work undertaken by the parent committee and the Select Committees during the past municipal year was discussed. The Committee also reviewed the Corporate Plan Key Action Plan 2020/21 quarter 4. The report only detailed project and KPI status by exception.

The Cabinet’s agenda was reviewed but there were no specific issues identified on any of the items being considered.

An extra meeting of the Committee had been organised for 8 June 2021. This was to allow members the opportunity to pre-scrutinise Cabinet business before its decision deadline of 21 June. This would include Qualis’ four-year business plan for 2021-2025, the business case for the transfer of Corporate Asset management service to Qualis and the Pyrles Lane site.

Environmental & Technical (C-073-2020-21) – proposal for a new leisure centre in Epping.

(1)        The Cabinet noted the progress made on delivery of the Epping Leisure Centre at Bakers Lane, Epping;

(2)        The Cabinet delegated to the Portfolio Holder for Environment and Technical the authority to agree the Deed of Variation to the contract with Places Leisure for delivery of the new centre, adjustments to the agreement to take account of the sale of current Epping Sports Centre at Hemnall Street to Qualis and the right to continue to use this facility until the new Bakers Lane facility was ready;

(3)        The Cabinet allocated £600,000 from existing Capital Programme provision for the Bakers Lane Leisure Centre, as agreed by Council in February, to progress detailed designs and further site survey work in order to arrive at cost certainty;

(4)     In recognising that Qualis owned a number of regeneration sites in Epping Town and the delivery of the Bakers Lane site was interdependent on Qualis progress; the Cabinet agreed to work with Qualis in a strategic delivery partnership, with Qualis occupying the role of Infrastructure Manager with the responsibility of coordination for the delivery of all five sites in Epping Town and communications across the sites and agree an appropriate day rate retainer fee to reflect this;

(5)      The Cabinet delegated authority to the Section 151 officer to repay to Qualis costs incurred by them in preparing and submitting a planning application and outline design for the Bakers Lane Leisure Centre that is to be used by Places Leisure; the amount to be based on the actual justifiable costs incurred and upon consultation with the Leader of the Council, Portfolio Holder for Environment and Technical and Portfolio Holder for Finance; and

(6)       That the final form of contract variation covering Management Fee income from the new Centre be brought to a future Cabinet for consideration.

The Environmental and Technical Services Portfolio Holder introduced the report on the proposed Baker’s Lane Leisure Centre. He noted that at the meeting on 21 January 2021, Cabinet agreed that the new leisure centre in Epping was delivered by its incumbent contractor Places Leisure. This included the purchase of all designs and plans from Qualis once planning permission for the new facility was obtained.

To date, all the work Places Leisure had done with Qualis had been on a voluntary basis and in a spirit of partnership as the Council’s leisure centres provider. Following the Cabinet decision to have the new centre delivered by Places Leisure it was necessary to make the required amendments to the Contract to reflect this. To progress this project to the next stage and Places Leisure needed the services of specialist consultants and legal advisers. It was standard practice that these costs were covered by the client, in this case the Council, as was the case for the delivery of Waltham Abbey Leisure Centre.

The contract with Places Leisure results in a net annual income of £1.3 million. This had been severely impacted by Covid-19. However, as restrictions ease and user confidence increases it was expected that income levels would rise. It was too early, primarily due to the impact of Covid-19, to agree additional income from the new Centre. It was recommended that a final agreement on additional income to the Council was brought to Cabinet for approval later in the year.

Councillor Philip noted that  funding for this work was already in the budget and he noted that recommendation 5 had already carried out the preparatory work for the five sites in Epping; overview had been delegated to the two Portfolio Holders, the Leader and the section 151 officer to look at the repayment to Qualis for their work that had been already completed.

Councillor Jon Whitehouse asked what the timescale was for progressing this work if planning permission was granted in June. The Contracts Service Manager, Mr Warwick said this would be a phased approach. Once Planning Permission had been granted, they would look to start the procurement exercise as part of the phased development of the Epping sites. The Multi Storey car park at Cottis Lane was the first phase, as soon as this was completed then we would commence construction of the Leisure Centre, so looking at summer 2022 to start construction. The build period likely to be between 18 to 24 months.

Councillor Whitbread commented that this was a great project for our Council, and he was looking forward to working with our partners, Places Leisure, who did a brilliant job in Waltham Abbey. This would be a great benefit to all the local communities around Epping and an asset to our district.

Decision:

(1)        The Cabinet noted the progress made on delivery of the Epping Leisure Centre at Bakers Lane, Epping;

(2)        The Cabinet delegated to the Portfolio Holder for Environment and Technical the authority to agree the  ...  view the full minutes text for item 176.

Housing and Communities - (C-074-2020-21) - In order to undertake the repair, planned maintenance and installation of audio-controlled door entry systems to Council-owned properties.

The Cabinet agreed:

(1)        That, Openview Security Systems Ltd be awarded a 1-year contract renewable annually for up to a maximum of 4-further years, for the repair, planned maintenance and installation of audio-controlled door entry systems to Council-owned properties in the sum of £1,022,194.64 with an overall weighted price and quality score of 90% being the most economically advantageous tender received;

(2)        That, should it not be possible to enter into contract with Openview Security Systems Ltd, that SCCI Alphatrack Ltd be awarded the contract as the reserve contractor, being the second most economically advantageous tender received, with a Tender Sum of £1,410,280.01;

(3)        That the overall value of the works be limited to the sum included in Housing Revenue Account for maintenance works and the sum within the Capital Programme for the installation and upgrades of audio-controlled door entry systems on an annual basis; and

(4)        That, this contract be designated as a serial contract to facilitate the annual adjustment to the tendered rates in accordance with the BCIS ALLCOS Resource Cost Index of All Construction: Repair and Maintenance Work #7419.  

In the absence of the Housing and Community Services Portfolio Holder the Leader of the Council introduced the report on the acceptance of tender for controlled entry systems.

In order to undertake the repair, planned maintenance and installation of audio-controlled door entry systems to Council-owned properties during the financial year 2021-22 and over the following 4-year period, it was necessary to undertake a procurement exercise based on the Most Economically Advantageous Tender (MEAT) taking cost and quality into account to satisfy the requirements of the Council’s Procurement Rules. 

The tender sum includes the planned Capital Programme of installing new audio-controlled door entry installations to 26 blocks of flats and upgrading the existing audio-controlled door entry installations to 42 blocks of flats over the next 5-year period.

Decision:

The Cabinet agreed:

(1)        That, Openview Security Systems Ltd be awarded a 1-year contract renewable annually for up to a maximum of 4-further years, for the repair, planned maintenance and installation of audio-controlled door entry systems to Council-owned properties in the sum of £1,022,194.64 with an overall weighted price and quality score of 90% being the most economically advantageous tender received;

(2)        That, should it not be possible to enter into contract with Openview Security Systems Ltd, that SCCI Alphatrack Ltd be awarded the contract as the reserve contractor, being the second most economically advantageous tender received, with a Tender Sum of £1,410,280.01;

(3)        That the overall value of the works be limited to the sum included in Housing Revenue Account for maintenance works and the sum within the Capital Programme for the installation and upgrades of audio-controlled door entry systems on an annual basis; and

(4)        That, this contract be designated as a serial contract to facilitate the annual adjustment to the tendered rates in accordance with the BCIS ALLCOS Resource Cost Index of All Construction: Repair and Maintenance Work #7419.  

Reasons for Proposed Decision:

The existing framework agreement for the repair, planned maintenance and installation of audio-controlled door entry systems to Council-owned properties with the current contractor was nearing the end of its term. Therefore, this was a new contract and the results of the tender exercise needs to be approved in accordance with Councils Procurement Rules. Undertaking a competitive tender exercise was not only a requirement of the Councils Procurement Rules, but there was also a requirement under Section 20 of the Commonhold and Leasehold Reform Act 2002 where works were undertaken on communal areas of Council owned and managed blocks of flats.  

To ensure the existing audio-controlled door entry systems installed at around 400-blocks are maintained and remain in full operation to ensure the safety and the security of the communal areas of the Councils sheltered housing schemes and general needs blocks of flats.    

To ensure suitably accredited specialist contractors are available to provide an emergency response in the event of a failure of the audio-controlled door entry systems installed in the Councils sheltered housing and general needs blocks of flats. 

To upgrade existing audio-controlled door entry systems that  ...  view the full minutes text for item 177.

Planning and Sustainability – (C-075-2020-21) - This report sets out the changes proposed to be made to the draft Green Infrastructure Strategy that was agreed by Cabinet for the purposes of consultation on 15 April 2020.  

Appendices to this report will be distributed separately.

(1)        The Cabinet agreed the Green Infrastructure Strategy as a material planning consideration for the preparation of Strategic Masterplans, Concept Frameworks, pre-application advice, assessing planning applications and any other development management and implementation related purposes within the District; for submission to the Local Plan Inspector; and used to inform the Council’s update to the Habitats Regulations Assessment to support the emerging Local Plan, subject to review with the Woodland Trust;

(2)        The Cabinet agreed that contributions would be sought from residential developments in the parishes of Loughton, Buckhurst Hill and Theydon Bois towards site specific projects to mitigate the impact of recreational pressure on Epping Forest Special Area of Conservation in the sum of £716 per dwelling;

(3)        The Cabinet agreed the Green Infrastructure Strategy as a framework for guiding partnership working and investment in green and blue infrastructure as part of the Council’s response to the Climate Emergency; and

(4)        The Cabinet agreed that the Planning Services Director, in consultation with the Planning Portfolio Holder be authorised to make minor amendments to the Green Infrastructure Strategy, including any mapping and links and the addition of a glossary, prior to publication.

The Planning and Sustainability Portfolio Holder, Councillor Bedford introduced the report on the Green Infrastructure Strategy.

The Council’s emerging Local Plan sets out policies in relation to the provision and enhancement of Green and Blue Infrastructure, the protection of the District’s ecological assets and achieving high quality design. To support these policies and address the requirement to provide suitable avoidance or mitigation measures to manage any potential impacts of growth on protected sites, including the Epping Forest Special Area of Conservation (SAC), the Council had developed a Green Infrastructure Strategy (‘the Strategy’). The Strategy would ensure that high quality Green and Blue Infrastructure, including the provision of Suitable Alternative Natural Green Space (SANG) and Infrastructure Enhancement Projects, was delivered alongside the growth proposed in the District as part of the emerging Local Plan.

This report sets out the changes proposed to be made to the draft Green Infrastructure Strategy that was agreed by Cabinet for the purposes of consultation on 15 April 2020.   The consultation was undertaken in June and July 2020.

Councillor Philip had a couple of questions. One came from one of his residents to which he had made councillor Bedford aware of. The second question came from the Chairman of the Theydon Bois Parish Council that they were surprised to learn that the Woodland Trust had not been included in the consultation and asked that they have sight of the proposal before it was approved. Councillor Bedford said that he would send a full response to the resident’s question sent to Councillor Philip. This was about a walking route from Debden to Theydon Bois which a lot of councillors and officers had walked and making it more accessible to everyone. As for the comment on the Woodland Trust, the strategy did mention that it would have ongoing consultation with partners, including the Woodland Trust, and he would ask officers to look into this. Councillor Philip asked if a recommendation could be altered to take this into account by adding, at the end of recommendation 1, “subject to review with the Woodland Trust”. This was agreed.

Councillor Heap said that it had been a hard read and asked who was in the Quality Review Panel and did any of them write the report. And, there was mention of charging residents of Loughton, Buckhurst Hill and Theydon Bois, but Chigwell was not included, and asked why should we be taxed living here in an urban environment. Councillor Bedford said the quality review panel was an independent body giving independent advice. As for Loughton and Buckhurst Hill they contribute to it as it was done by distance from the SAC, so those closest to the SAC would contribute more. Mr N Richardson confirmed that was the case and that Chigwell was that bit further away.

Councillor Chris Pond said that this report was better than its first version and had been done reasonably well. He assumed that this would be part of the documents we would submit as part of  ...  view the full minutes text for item 178.

Planning and Sustainability (C-076-2020-21) - This report provides members with a summary of the objectives and purpose of the Climate Change Action Plan.

(1)        The Cabinet agreed that the Draft Climate Change Action Plan be approved for public consultation for a six-week period in June 2021; and

(2)        Agreed that the Planning Services Director, in consultation with the Planning Portfolio Holder be authorised to make minor amendments to the Draft Climate Change Action Plan.

The Planning and Sustainability Portfolio Holder introduced the report on the Climate Change Strategy.

The draft Climate Change Action Plan states the steps to be taken to deliver on the Climate Emergency that was declared on 19 September 2019 with the motion to do everything within the Council's power to make Epping Forest District Council area carbon neutral by 2030. The plan aligned with the corporate objectives of keeping the district moving sustainably and enabling residents to access new opportunities for employment, to reduce the carbon footprint across the district and within our council.

This report provided members with a summary of the objectives and purpose of the Climate Change Action Plan. The intention was that following public consultation and any updates arising, that the final action plan would return to the Cabinet to endorse the adoption of the plan.

The Climate Change Action Plan examined the main sources of carbon emissions both within the Councils’ own operations and across the District. It outlined direct action the Council were taking to reduce emissions of its own activities. As well as steps that could be taken to facilitate and influence emissions reductions in the wider District, enabling the area to become carbon neutral by 2030. The plan would be regularly updated to account for further developments in national legislation, regulation, technology, and policy. Where activities and monitoring were to be confirmed these would be updated following consultation feedback.

Councillor Philip was glad to see the council was moving forward with this and it would be improved with the consultation within the district. That could be more interactive as Covid restrictions opened up.

Councillor Patel was also glad to see this and asked how we would be consulting with our residents? He was told that it would be through the normal channels, online and sent out to Town and Parish councils. It would be similar to the sustainability consultation process and we would also be consulting with the Youth Council and members of the general public. There would also be a special meeting of the Local Councils Liaison Committee. Councillor Patel said that we needed better ways to consult with our residents now we had Covid and should also bring in Junior Schools into this.

Councillor Neville was glad to see this extensive document. It was still a work in progress, but at present we lacked ways to monitor our progress; e.g. such as number of the public using busses or homes being refitted, or monitoring pollutants etc. He noted that we did not have indications of our carbon emissions as yet and asked when we would. He was told that officers were working with consultants to look at those emissions this month.

Councillor Chris Pond thought that litter pollution was a particular problem during lock down and noted that the period of a six week consultation was on the low side but would watch this with great interest.  Councillor Bedford said that they would look to see if they could extend  ...  view the full minutes text for item 179.

Commercial and Regulatory Services – (C-077-2020-21) - Qualis has provided the Council with the Quarters’ Management Accounts for the Council consideration.

The Cabinet discussed and commented on the Qualis quarter 1(2020/21) monitoring report.

The Commercial and Regulatory Service Portfolio Holder, Councillor Patel introduced the quarterly Qualis monitoring report. He noted that the Governance framework for Qualis, as agreed by Cabinet in February 2020, set the requirement that Qualis should report to Epping Forest District Council on its performance on a quarterly basis. This report had also gone to the Stronger Council Select Committee on 13 April for their information and comments.

This report presented the Qualis first Quarter’s monitoring report for the Qualis trading year 2020/21 and covered the period from 1 November to 31 January 2021. 

With Housing Maintenance services having transferred to Qualis in Quarter 4 (end of September 2020) of the previous trading year, this quarter represented the first whole quarter of both service delivery activity, commercial investment and regeneration work.   

Qualis had also requested permission from EFDC as its shareholder to change their financial year end date to the end of September and we had agreed to this request. Therefore, to accommodate this their next quarter’s report would only cover two months, February and March 2021.

Councillor Philip welcomed the changes to their financial year as it would help us in our budget preparation and hopefully, they would now start making a positive impact on our budget.

Councillor Wixley was interested in the Pyrles Lane site mentioned in the report; what was being proposed for this site? He was told that these were just preparatory and investigatory works on the site.

Councillor Wixley asked what the work was for. He was told to find out if there were any hidden problems for future development.

Councillor Wixley noted that Housing Repairs had been transferred to Qualis – could we have a consumer satisfaction survey carried on their work. Councillor H Whitbread answered that there had been no specific research done on this; but in general, from customer feedback received, it had been good. Councillor Patel added that Qualis would monitor the satisfaction of residents in line with how the council used to monitor this.  S Jevans said that they did measure customer satisfaction. The last recorded month was a 95% satisfaction and they also had a customer insight officer dedicated to following up complaints. This would be shown on our KPIs. Councillor C Whitbread asked if these results went to any Select Committees for review. Officers were not sure if it did. Councillor C Whitbread said that it needed to be seen by a relevant Select Committee, particularly around the areas of Housing as this was an important part of what we did.

Councillor Murray noted that with more and more services being transferred to Qualis he would like to see performance report going to the relevant Select Committee. Councillor C Whitbread said that he too was keen to see this maintained and he was sure that Councillor H Whitbread and relevant officer would pick up on this.

Decision:

The Cabinet discussed and commented on the Qualis quarter 1(2020/21) monitoring 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.

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.

The Cabinet noted that there was no business for consideration which would necessitate the exclusion of the public and press from the virtual meeting.