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 Deputy 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 13 November 2023.

That the minutes of the Cabinet meeting held on 13 November 2023 be taken as read and signed by the Leader as a correct record.

That the minutes of the Cabinet meeting held on 13 November 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, Councillor D Wixley, reported that at the last meeting on 21 November 2023 the Overview and Scrutiny Committee reviewed the draft Place Delivery Strategy for Epping Forest District. Also, members pre-scrutinised the Qualis Quarter 4 Budget Monitoring Report and Qualis Business Plan. The Committee heard that Mr B Johnson was the new Chair of the Group Board, and the Financial Director was Mr A Howarth. On the 12 December, the Committee and the Cabinet would be discussing the draft budget for 2024/25 but the meeting would be held in private session.

(Finance and Economic Development – Cllr J Philip) To approve the current Corporate Risk Register, to consider any new or emerging risks and to approve the revised Risk Management Policy and Strategy (C-017-2023-24).

(1)           That the Cabinet approved the current Corporate Risk Register and considered that the risks were appropriately scored.

(2)           That the Cabinet considered there were not any new or emerging risks to the Corporate Risk Register that should be referred to the officer Risk Management Group.

(3)           That the Cabinet approved the revised Risk Management Policy and Strategy.

Councillor J Philip (Finance and Economic Development Portfolio Holder) reported that the Audit and Governance Committee had reviewed risk management and the Corporate Risk Register at its meeting on 30 November 2023. The Portfolio Holder emphasised the importance of delivering a balanced budget. The Overview and Scrutiny Committee would be looking at the draft budget on 12 December 2023. The Council had to have a balanced budget and that was a risk. In relation to Shared Services if business was being delivered then it was working. Shared Services had the potential to help EFDC going forward and in the future.

Councillor C McCredie remarked that climate change (reference SUS001) was in the red category so would this meet the target of net zero in 2030? The Portfolio Holder replied that the Risk Register showed the likelihood against the impact of risk and more detail was given on page 20 of the agenda for SUS001. This was what EFDC could achieve and mitigate the risk as much as possible.

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 current Corporate Risk Register and considered that the risks were appropriately scored.

(2)            That the Cabinet considered there were not any new or emerging risks to the Corporate Risk Register that should be referred to the officer Risk Management Group.

(3)            That the Cabinet approved the revised Risk Management Policy and Strategy.

(Place – Cllr N Bedford) To note the progress of Strategic Masterplans, Concept Frameworks and Planning Performance Agreements (Appendix A – attached). To agree the Infrastructure Funding Statement 2022/2023 (Appendix B – attached) (C-030-2023-24).

(1)           That the Cabinet noted the progress of Strategic Masterplans and Concept Frameworks, including the use of Planning Performance Agreements and the progress of proposals at pre-application and application stage (see Appendix A of the agenda report).

(2)           That the Cabinet agreed the Infrastructure Funding Statement 2022/2023 (see Appendix B of the agenda report) for online publication by 31 December 2023.

Councillor N Bedford (Place Portfolio Holder) introduced the report which provided the Cabinet with an update on the progress of Local Plan implementation in relation to the Strategic Masterplans, Concept Framework Plans and Planning Performance Agreements (PPAs) within the District, including major projects and planning applications dealt with by the team. The Infrastructure Funding Statement to financial year 2022/2023 set out s106 legal agreements completed in that year, the types and values of contributions included in the agreements and the monies paid to the Council.

District & County Councillor H Whitbread commented that Essex County Council Highways were consulted on planning applications but did not consult with the Local Highways Panel (LHP) or on detailed schemes Essex County Councillors were involved with. What extra steps would the Council be taking as she recommended that County Councillors were consulted on draft master plan applications? N Finney (Interim Implementation Team Manager) replied that on large schemes the County Council was involved with pre-application negotiations, which went beyond highway safety. He did take the LHP on board and would feature it in the future. He agreed with Councillor H Whitbread that County Councillors would be consulted on draft master plan applications.

Councillor Jon Whitehouse asked if s106 values were indexed linked for interest. N Finney replied s106 monies were index linked to the point they were paid and then spent as soon as possible, given the inflation situation. There was a large amount in the Epping Forest Special Area of Conservation (EFSAC) mitigation monies. Some had been passed to the City of London Corporation, other s106 monies covered air quality mitigation schemes, affordable housing provision for EFDC Housing and primary healthcare, as the new Integrated Care Board was established.

Councillor D Wixley asked about the mitigation measures the monies were being spent on for Epping Forest. N Finney replied that a range of measures were being investigated and some monies were being used on monitoring and updated traffic surveys. Councillor J Philip advised Councillor Wixley to look at the Council minutes during 2016 when he gave a response on this.

Councillor J Philip sought clarification in Appendix A on the ‘Delivery due to commence dates’ for the Masterplan and Concept Frameworks areas. Councillor N Bedford replied that discussions were taking place on the hospital in East Harlow and developers had come forward. The Quality Review Panel were reviewing planning proposals on development schemes, so there was ongoing progression.

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 progress of Strategic Masterplans and Concept Frameworks, including the use of Planning Performance Agreements and the progress of proposals at pre-application and application stage (see Appendix A of the agenda report).

(2)        That the Cabinet agreed the Infrastructure Funding Statement 2022/2023 (see Appendix B of the agenda report) for online publication by 31 December 2023.

(Customer and Corporate Support Services – Cllr S Kane) To agree the contract (C-031-2023-24).

(1)           That the Cabinet agreed the contract for off-street parking enforcement be awarded to Marston Holdings Ltd from 1st April 2024 for a period of five (5) years with an option to extend by two (2) years.

(2)           That the Cabinet agreed the yearly contract cost of £229,830.03, subject to yearly uplift of CPI, be allocated from the existing budget provision.

(3)           That the Cabinet agreed to the trialling of IPS pay & display machines at two car parks (free of charge by the contractor) to enable EFDC to assess its performance and consider replacing the existing parking equipment.

Since 2016, off-street parking enforcement had been undertaken through a parking enforcement contract with Marston Holding Ltd (via NSL Limited) which expired on 31 March 2024. A new contract for off-street car park enforcement was required from 1 April 2024. Therefore, a tendering exercise had been undertaken to procure the enforcement services and achieve best value for money. Following the evaluation of tenders, it was recommended that the contract for off-street enforcement be awarded to Marston Holdings Ltd, the Council’s incumbent contractor. Councillor J Philip stated that the cost of the contract would be funded from the existing parking enforcement contract budget. As the new contract would generate a saving to the Council, it was important not to spend more money that the Council brought in.

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

Decision:

(1)           That the Cabinet agreed the contract for off-street parking enforcement be awarded to Marston Holdings Ltd from 1st April 2024 for a period of five (5) years with an option to extend by two (2) years.

(2)           That the Cabinet agreed the yearly contract cost of £229,830.03, subject to yearly uplift of CPI, be allocated from the existing budget provision.

(3)           That the Cabinet agreed to the trialling of IPS pay & display machines at two car parks (free of charge by the contractor) to enable EFDC to assess its performance and consider replacing the existing parking equipment.

(Customer and Corporate Support Services – Cllr S Kane) To consider and recommend to Council the draft Calendar of Council Meetings for 2024/25 (C-032-2023-24).

That the Cabinet agreed to recommend to the Council for adoption the draft Calendar of Council Meetings for 2024/25 (see Appendix A of the agenda report).

G Woodhall (Democratic and Electoral Services Team Manager) outlined the report, which the Cabinet considered each year prior to its final approval by the Council. The calendar of meetings has been developed over time to meet the changing needs of the authority and no fundamental changes have been proposed for 2024/25. Next year’s religious festivals and Party conference dates had been taken into consideration.

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

            Decision:

That the Cabinet agreed to recommend to the Council for adoption the draft Calendar of Council Meetings for 2024/25 (see Appendix A of the agenda 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.

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