Agenda, decisions and minutes

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 Code of Member Conduct.

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

That the minutes of the Cabinet meetings held on 11^th October 2021 be taken as read and would be signed by the Leader as a correct record.

Decision:

That the minutes of the Cabinet meetings held on 11^th October 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 Housing Services Portfolio Holder, Councillor H Whitbread reminded the Cabinet that they had a tour of the district on the coming Friday, to look at the estates across the district and at the coming plans for the regeneration of these estates.

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 last meeting of the committee had been held on 12 October and a report of this meeting had gone to the October Council meeting.

There had been an informal meeting held to consider the recent call-in on Jessel Green and the tree plantings proposed there. Two signatories of that call-in met with her along with appropriate officers and the relevant Portfolio Holders. As a result, further to the meeting, further work would be undertaken on the original proposal and a second follow up meeting would be arranged for December.

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

(Housing Services Portfolio Holder) to consider the attached minutes from the meeting of the Council Housebuilding Cabinet Committee, held on 28^th September 2021, and any recommendations therein.

That the minutes of the Council Housebuilding Cabinet Committee held on 28^th September 2021 be noted.

Decision:

That the minutes of the Council Housebuilding Cabinet Committee held on 28^th September 2021 be noted.

Planning and Sustainability (C-022-2021-22) - to provide members with regular updates on the progress of Masterplans and Concept Frameworks within Epping Forest District to ensure that members are kept fully up to date.

(1)        The Cabinet noted the progress of Masterplans and Concept Frameworks, including the use of Planning Performance Agreements and the progress of other proposals at pre-application and application stage;

(2)        The Cabinet noted the positive progress being made on the Epping Forest Local Plan Submitted Version (LPSV) following the consultation of the Main Modifications;

(3)        That the Infrastructure Funding Statement 2020/2021 (Appendix F of the report) was agreed for online publication by 31 December 2021.

In the absence of the Planning and Sustainability Portfolio Holder, Councillor J Philip introduced the report.

This report was prepared by the Policy & Implementation Team to provide members with an update on the progress of Strategic Masterplans, Concept Frameworks and Planning Performance Agreements (PPAs) within the District, including major projects and planning applications dealt with by the team.  Scheduled meetings and workshops continued to take place with site promoters and developers in accordance with project plans agreed within PPAs.  The majority of workshops/meetings were taking place virtually, but consideration was being given to in-person meetings, in particular for future Quality Review Panels (subject to COVID restrictions).

The District’s emerging Local Plan was progressing well and at an advanced stage.  As such, the Local Plan was being given substantial weight in the assessment of planning applications. The Main Modifications to the LPSV were published for consultation as a statutory part of the Local Plan Examination Process on the 15th July 2021 until 23rd September 2021.  Following the consideration of the representations, the Inspector will prepare a Final Report which will include the Main Modifications necessary in order to make the Local Plan ‘sound’.  Full Council will consider the Inspector’s report, its recommendations and if accepted, the Local Plan was likely to be adopted by the District Council in later 2021.

Councillor Avey asked about the South Epping Master Plan and for a bit more information on the technical evidence produced by their consultants and what was said in response to the inspector’s concerns. Mr Richardson, Director of Planning Services said that he did not have the full details with him, he noted that the inspector had agreed to reduce the allocation on the site that was put forward. So, what has now been put forward was a smaller number of residential units on a smaller site. He would come back to the Councillor with any further details.

Councillor S Kane said that in regard to the main modifications, did we have a best guess as to when we would hear back from the inspector on this so that we could schedule a council meeting. Mr Richardson replied that it would be at least a couple of weeks before we hear from the inspector.

Councillor Jon Whitehouse wanted to raise the infrastructure funding statements. When would it be spent or dispersed, and could this be included in future statements? Mr Richardson agreed that they could do this.

Councillor Wixley asked if they could have some ideas on what this money would be spent on? Mr Richardson noted that the S106 agreements specified where the money was to be spent along with the infrastructure delivery plan in future years. This money although secured through a S106 agreement, had not been triggered as yet for that money to be paid to the council.

Decision:

(1)          The Cabinet noted the progress of Masterplans and Concept Frameworks, including the use of Planning Performance Agreements and the progress of other proposals at pre-application and application stage;

(2)  ...  view the full minutes text for item 66.

Corporate Services – (C-023-2021-22) - recommending that the Council tender for a three-year long-term agreement (LTA) with the option of extending for a further two years.

(1)        The Cabinet approved the procurement and re-tender of the Leaseholder residential building insurance contract on a three-year long-term agreement (LTA) with the option of extending for a further two years to be effective from 1st July 2022; and

(2)        Approved the delegation of the contract decision and final award of contract to the Strategic Director/S151 in consultation with the Director of Housing and Property.

The Corporate Services Portfolio Holder, Councillor Sunger and the Strategic Director, A Small, introduced the report.

As Freeholder the Council was obliged to arrange building insurance on behalf of its residential leaseholders in accordance with the terms of the lease.

The Council tendered the leaseholder building insurance in July 2015 on a five-year long-term agreement (LTA) with the option to extend for a further two years. The current arrangement expires on 30 June 2022.

Owing to the value of this contract which currently stands at approximately £90,000 p.a there was a requirement to undertake a full Tender exercise on the open market to ensure we obtained the most comparatively advantageous terms. It was recommended that we Tender for a three-year long-term agreement (LTA) with the option of extending for a further two years, making the overall total value of this contract to be in the region of £450,000.

The current insurance provider is Zurich Municipal Insurance.

There were a limited number of providers in the insurance market who specialise in Leaseholder residential buildings insurance for Public Sector risks and EFDC were engaging a specialist broker to market the risk on a full OJEU open tender basis to ensure we maximise the attractiveness of the proposition and thus providing competitive challenge to Zurich Municipal Insurance rates currently being charged.

Consultation under S20 of the Leaseholder Reform Act 2002 will be undertaken by the Home Ownership Team and Insurance Specialist.

Decision:

(1)        The Cabinet approved the procurement and re-tender of the Leaseholder residential building insurance contract on a three-year long-term agreement (LTA) with the option of extending for a further two years to be effective from 1st July 2022; and

(2)        Approved the delegation of the contract decision and final award of contract to the Strategic Director/S151 in consultation with the Director of Housing and Property.

Reasons for Proposed Decision:

The current insurance arrangement expires on the 30 June 2022 creating a need to re-tender the Leaseholder residential building insurance, to ensure we were achieving value for money and to comply with the Procurement rules owing to the significant expenditure involved. Failure to ensure that insurable risks were insured with external providers would expose the Council to significant financial risk and put us in breach of our contractual obligations under the lease agreement.

Cabinet approval was required as this was a key decision.

Other Options for Action:

The Leaseholder current building insurance policy ceases 30 June 2022 and there were no other options but to undertake a full open Tender exercise.

Planning and Sustainability – (C-024-2021-22) – recommending approval the draft Strategic Masterplan Framework and commencement of the public consultation for the employment land at North Weald.

1.         The Cabinet approved the draft Strategic Masterplan Framework and commencement of the public consultation for the employment land at North Weald, identified as NWB.E4 in the Local Plan Submission Version 2017;

2.         The Cabinet noted that the staged public consultation will take place in November, December, and January to allow the widest possible contribution and to take account of the Christmas / New Year period; and

3          The Cabinet noted that a further update would be provided to share the results of the public consultation and to adopt the masterplan, so that it could be given appropriate weight as a material planning consideration in the determination of future planning applications. This update will take place in the February to April 2022 period.

In the absence of the Planning and Sustainability Portfolio Holder, Councillor J Philip introduced the report.

North Weald Airfield Masterplan Area comprises the main airfield and parcels of land to the east (ref: NWB.E4) and west (ref: NWB.E3) comprising a cluster of industrial, commercial and retail uses in the south east with associated car parks and hardstanding. The Masterplan Area was proposed for allocation in the LPSV for business use, general industrial/storage and warehousing. The areas to the eastern side of the airfield were identified as locations that could be developed to provide employment opportunities that were sustainable, promote and encourage the use of sustainable methods of transportation and provide viable alternatives to private car use. These would be delivered in concert with the nearby proposed housing developments, particularly in North Weald and Latton Priory whereby measures should provide for, and encourage, more sustainable travel patterns by contributing toward integrated walking and cycling, and public transport connectivity to the wider areas, including Epping and Harlow.

For information, the masterplan framework is attached to these minutes.

Decision:

1.         The Cabinet approved the draft Strategic Masterplan Framework and commencement of the public consultation for the employment land at North Weald, identified as NWB.E4 in the Local Plan Submission Version 2017;

2.         The Cabinet noted that the staged public consultation will take place in November, December, and January to allow the widest possible contribution and to take account of the Christmas / New Year period; and

3          The Cabinet noted that a further update would be provided to share the results of the public consultation and to adopt the masterplan, so that it could be given appropriate weight as a material planning consideration in the determination of future planning applications. This update will take place in the February to April 2022 period.

Reasons for Proposed Decision:

The Strategic Masterplanning Briefing Note 2018 was agreed by the Council’s Cabinet in October 2018.  This report sets out the requirement for the endorsement of Strategic Masterplans and Concept Frameworks as allocated in the emerging Local Plan Submission Version 2017 (LPSV). 

Other Options for Action:

None at this time.

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.