Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Democratic Services Manager will read the following announcement:

“The chairman 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).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The Democratic Services Manager reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillors Freddy Limer, Philip Pennell and Susan Perry, who passed away recently.

(a)       F. Limer

Freddy Limer served as a Conservative district councillor representing the Epping ward of the district from 1974 to 1979 and Epping Hemnall 1979 - 1986. Former Councillor Limer became the Vice-Chairman of the Council in 1982/83 and was elected as the Chairman of the Council for the 1983/84 municipal year. During his terms of office, former Councillor Limer served on various committees, sub-committees and working groups, including the Policy and Resources Committee, the Housing Services Committee (as chairman) and the Housing Management Sub-Committee.

Former Councillor Limer also sat as the Council’s representative on the Epping Sports Centre Management, Epping Town Old People’s Welfare Association, Area Advisory Committee for Education, National Housing & Town Planning Council (Eastern Regional Executive Committee) and as the Council Outside Representative for the Citizen Advice Bureau for Epping  and the Air Training Corps No 414 Epping and North Weald Squadron.

(b)       P. Pennell

Philip Pennell served as a Labour district councillor representing the Waltham Abbey West ward of the district from 1990 to 2002 and was the Leader of the Labour Group on the Council between 1994 and 1999. During his terms of office, former Councillor Pennell served on various committees, sub-committees and working groups, including the Policy and Co-ordinating Committee, the Housing Committee, the Development Committee, the Resources Committee, the Libraries, Arts and Museums Sub-Committee, the Council Strategy Working Group, the Lea Valley Nursery Working Group and the Periodic Electoral Review Working Group.

Former Councillor Pennell also sat as the Council’s representative on the Waltham Abbey Citizens Advice Bureau and the National Explosive Museum (the Royal Gunpowder Mills) and, following retirement, became a regular volunteer at the Epping Forest District Museum in Waltham Abbey.

(c)       S. Perry

Susan Perry served as a Conservative district councillor representing the Epping Hemnall ward of the district from 2004 to 2007. During her term of office, former Councillor Perry served on various committees, sub-committees and working groups, including Overview and Scrutiny Committee – Community Wellbeing/Leisure/Housing and Policy Working group, Staff Appeal Panel, Licensing Committee and the Area Plans Sub-Committee B (Vice-Chairman).

Former Councillor Perry also sat as the Council’s representative on the Police and Community Consultant Group, the Epping Citizens Advice Bureau and Epping Town Centre Partnership.

The Chairman informed members that former Councillors F. Limer, P. Pennell and S. Perry had recently passed away.

Freddy Limer had represented the Epping and the Epping Hemnall Ward of the District, as a Conservative Councillor from 1974 to 1986. He became the Vice Chairman  in 1982/83 and Chairman of Council in 1983/84. He had also served on many of the Council’s committees, working groups and outside bodies during this time.

Philip Pennell had represented the Waltham Abbey West Ward of the District from 1990 to 2002. He had served on many of the Council’s committees, working groups  and outside bodies during this time.

Sue Perry had represented the Epping Hemnall Ward of the District from 2004 to 2007. She had served on many of the Council’s committees, working groups and outside bodies during this time.

Members paid tribute to the memory of the former District Councillors and stood for a minute’s silence in their memory.

To approve as a correct record and sign the minutes of the meeting held on 30 July 2019 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 30 July 2019 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor M Owen declared a personal interest in agenda item 10 (Motions – Climate Emergency) by virtue of the mentioning of Aranco Oil Co in the debate and his employer concluding business with the company. Councillor M Owen stated he would abstain from voting on this item.

(a)        Apologies for Absence

(b)        Chairman’s Announcements

(a)          The Chairman’s Announcements

The Chairman advised that he had attended a memorial service at St Andrew’s, North Weald with the 56 Squadron in remembrance of the Battle of Britain.

The Chairman asked members to support a charity event he would be holding in aid of Essex Young Carers, which would be held on 28 October 2019 at Papillon, Chigwell.

Furthermore, he would also be hosting another a business networking event on 28 November 2019, which would bring together local businesses.

(b)          Flowers

The Chairman announced the he intended to send the flowers from the meeting to Parsonage Court, Rectory Lane, Loughton.

To answer questions asked after notice in accordance with the provisions contained within Part 4 of the Council Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)        to the Leader of the Council;

(b)        to any Portfolio Holder; or

(c)        to the Chairman of the Overview and Scrutiny Committee.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no public questions under notice that had been submitted for consideration at this meeting.

To answer questions asked after notice in accordance with the provisions contained within the Council’s rules in Part 4 of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)                  to the Chairman of the Council;

(b)                  to the Leader of the Council;

(c)                  to any Member of the Cabinet; or

(d)                  the Chairman of any Committee or Sub-Committee.

The Council’s rules provide that answers to questions under notice may take the form of:

(a)             direct oral answer;

(b)             where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)             where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no members questions under notice that had been submitted for consideration at this meeting.

To receive reports and any announcements from the Leader and members of the Cabinet on matters falling within their area of responsibility:

(a)        Report of the Leader;

(b)        Report of the Business Support Services Portfolio Holder (attached);

(c)        Report of the Commercial and Regulatory Services Portfolio Holder (attached);

(d)        Report of the Community and Partnership Services Portfolio Holder (attached);

(e)        Report of the Contract and Technical Services Portfolio Holder (attached

(f)        Report of the Customer Services Portfolio Holder (attached);

(g)        Report of the Housing and Property Services Portfolio Holder (attached);

(i)         Report of the Planning Services Portfolio Holder (attached); and

(j)         Report of the Strategic Projects Portfolio Holder (attached).

The Council received written reports from Portfolio Holders. The Chairman invited the Leader of Council to provide an oral report and the opportunity for other members of the Cabinet to give updates on matters concerning their relevant portfolios.

(a)          The Leader of the Council

Councillor C Whitbread reported that the Cabinet had recently agreed the Asset Strategy, which would enable the Council to pursue development opportunities within the District, increase the Council’s revenue stream and to identify potential housing development sites.

Furthermore, the Government had granted special permission for a new lease of land at North Weald Airfield, to Her Majesty’s Revenue and Customs. It would be for HGV parking and associated facilities for the operation of checking documentation of companies importing and exporting high value goods. Notification would be sent to 1400 residents and contact details would be made available. The Council had negotiated £50,000 for North Weald Parish Council and the same amount would be given to the Local Highways Panel for schemes in the District. Other funding would also be put into the master planning and green space.

In addition, progress continued with the St John’s Road, Epping development and a report would be coming forward to the Cabinet meeting on 5 December 2019, along with the land transfer development.

He had also met with Princess Alexander Hospital and the West Essex Clinical Commissioning Group (CCG), to engage in the significant changes proposed across health and social care in Essex and were working closely with the Sustainability and Transformational Partnership (STP).

Finally, the Essex Leaders and Chief Executive meeting discussed many issues facing the county, which included ideas around bringing empty properties back into use and preparations for Brexit.

(b)          Planning Services Portfolio Holder

Councillor Philip advised that the Council had been successful in a Government funding bid for £50,000, to tackle illegal development in the green belt.

(c)           Business Support ServicesPortfolio Holder

Councillor Stavrou advised that the Valuation Office had determined in favour of the company wishing to reduce their business rate exposure, which amounted to over £1.1 million. A provision had been set aside for such cases and other authorities and the Government were due to take a share of the loss, later in the financial year.  

(d)          Housing and Property Services Portfolio Holder

Councillor H Whitbread advised that members were welcome to attend the opening ceremony of the new affordable flats in Burton Road on 8 November 2019.

Furthermore the Parliamentary Under Secretary of State (Minister for Local Government and Homelessness) Luke Hall MP visited the District to look at the homeless pods in North Weald and Norway House.

(e)          Community and Partnership Services Portfolio Holder

Councillor Bedford updated members on issues concerning stolen and cloned number plates and the successful actions of the Community Police.

The Council’s rules provide for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

(i)            reports under the previous item; or

(ii)           any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

The Council’s rules provide that answers to questions without notice may take the form of:

(a)            a direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)            where the desired information is in a publication of the Council or other published work, a reference to that publication;

(c)            where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(d)            where the question relates to an operational matter, the Leader or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Service Director.

In accordance with the Council’s rules, a time limit of thirty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further ten minutes at their discretion.

(a)          Local Plan

Councillor Mohindra asked the Planning Services Portfolio Holder to give an update on the Local Plan.

Councillor Philip advised that the interim letter from the Planning Inspector had been received. The majority of the comments were positive and there had been no indications that the Council had failed in its duty to co-operate or had been found  legally unsound. There were a number of things which the Council would need to take on board and do work with, and the Council intention was to write back to advise of these actions once an agreed schedule had been agreed.

The Inspector had identified actions required to update the Habitats Regulation Assessment modelling and the impact on the Epping Forest Special Area of Conservation. This required further work and it had been unfortunate that Natural England had made no indication that they were unhappy with the Council’s methodology until the deadline for the statements to support the hearing sessions for the examination of the Local Plan. Furthermore, there had been changes arising from recent court cases and updates to DEFRA guidance which would need to be taken on board. Therefore in combination with other changes required for sites at Limes Farm, Jessel Green, the convent in Chigwell, a site in Roydon, South Epping and the phasing of development of Harlow East, it had been envisaged that it may take some time to complete and he would continue to report on progress through the Local Plan Cabinet Committee.

(b)          Natural England Implications

Councillor Knapman asked the Planning Services Portfolio Holder when the Council would know about the air quality mitigation strategy for new dwellings in the District, as it was having a detrimental financial effect on small development businesses because of planning applications being granted but not issued.

Councillor Philip advised that he recognised the issues it had been causing local developers and the council had been working towards addressing these problems and looking at ways to grant the smaller developments and fulfil Natural England’s requirements. Although, since some of the material planning considerations had changed in between the granting of planning applications, both delegated and committee decisions would need to be relooked at before the applications were issued. If anything changed in-between now and the next Council meeting, he would advise members.

(c)           Parking Issues on Cascade Road, Buckhurst Hill

Councillor Neville asked the Contract and Technical ServicesPortfolio Holder whether a solution had been found for the parking on grass verges at Cascade Road, Buckhurst Hill.

Councillor N Avey advised that he agreed with the Ward Councillor, that yellow lines in this area would not be the right answer and he would consult with officers about other solutions, previous discussed. He would also conduct a site visit.

(d)          Traffic Infrastructure Considerations

Councillor Avey asked the Planning Services Portfolio Holder whether he could give assurances to residents about traffic infrastructure issues in relation to sites set out in the Local Plan; and in particular the Water Lane site in  ...  view the full minutes text for item 38.

To consider any motions, notice of which has been given under the Council’s rules of procedure.

(a)       Climate Emergency

Proposed by: Councillor S. Neville

Seconded by: Councillor J. Philip

“That the Council notes that:

(i)         humans have already caused irreversible climate change, the impacts of which are being felt around the world. Global temperatures have already increased by 1 degree Celsius from pre-industrial levels. Atmospheric CO2 levels are above 400 parts per million (ppm). This far exceeds the 350-ppm deemed to be a safe level for humanity;

(ii)        in order to reduce the chance of runaway Global Warming and limit the effects of Climate Breakdown, it is imperative that we as a species reduce our CO2eq (carbon equivalent) emissions from their current 6.5 tonnes per person per year to less than 2 tonnes as soon as possible;

(iii)      individuals cannot be expected to make this reduction on their own. Society needs to change its laws, taxation, infrastructure, etc., to make low carbon living easier and the new norm;

(iv)      carbon emissions result from both production and consumption;

(v)       Epping Forest District Council has already shown foresight when it comes to addressing the issue of Climate Breakdown, having signed the Nottingham Declaration on Climate Change, written an Environment Sustainability Policy and Action Plan, and have worked to use renewable energy and energy efficiency and have had a Green Working Party driving the agenda for some years;

(vi)      unfortunately, our current plans and actions are not enough. The world is on track to overshoot the Paris Agreement’s 1.5°C limit before 2050;

(vii)     he IPCC’s Special Report on Global Warming of 1.5°C, published in the autumn of 2018, describes the enormous harm that a 2°C rise is likely to cause compared to a 1.5°C rise, and told us that limiting Global Warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society, the private sector, indigenous peoples and local communities;

(viii)    councils and Parliaments around the world are responding by declaring a ‘Climate Emergency’ and committing resources to address this emergency;

That the Council believes that:

(ix)      all governments (national, regional and local) have a duty to limit the negative impacts of Climate Breakdown, and local governments that recognise this should not wait for their national governments to change their policies. It is important for the residents of Epping Forest District and the UK that local authorities commit to carbon neutrality as quickly as possible;

(x)       the consequences of global temperature rising above 1.5°C are so severe that preventing this from happening must be humanity’s number one priority;

(xi)      bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities (as well as improved well-being for people worldwide); and

That the Council resolves to:

(xii)     declare a ‘Climate Emergency’;

(xiii)    pledge to do everything within the Council's power to make Epping Forest District Council area carbon neutral by 2030;

(xiv)    call on Westminster to provide the powers and resources to make  ...  view the full agenda text for item 39.

(a)          Climate Emergency

Moved by Councillor S. Neville and seconded by Councillor J. Philip

“That the Council notes that:

      i.        humans have already caused irreversible climate change, the impacts of which are being felt around the world. Global temperatures have already increased by 1 degree Celsius from pre-industrial levels. Atmospheric CO2 levels are above 400 parts per million (ppm). This far exceeds the 350-ppm deemed to be a safe level for humanity;

     ii.        in order to reduce the chance of runaway Global Warming and limit the effects of Climate Breakdown, it is imperative that we as a species reduce our CO2eq (carbon equivalent) emissions from their current 6.5 tonnes per person per year to less than 2 tonnes as soon as possible;

    iii.        individuals cannot be expected to make this reduction on their own. Society needs to change its laws, taxation, infrastructure, etc., to make low carbon living easier and the new norm;

   iv.        carbon emissions result from both production and consumption;

     v.        Epping Forest District Council has already shown foresight when it comes to addressing the issue of Climate Breakdown, having signed the Nottingham Declaration on Climate Change, written an Environment Sustainability Policy and Action Plan, and have worked to use renewable energy and energy efficiency and have had a Green Working Party driving the agenda for some years;

   vi.        unfortunately, our current plans and actions are not enough. The world is on track to overshoot the Paris Agreement’s 1.5°C limit before 2050;

  vii.        the IPCC’s Special Report on Global Warming of 1.5°C, published in the autumn of 2018, describes the enormous harm that a 2°C rise is likely to cause compared to a 1.5°C rise, and told us that limiting Global Warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society, the private sector, indigenous peoples and local communities;

 viii.        councils and Parliaments around the world are responding by declaring a ‘Climate Emergency’ and committing resources to address this emergency;

That the Council believes that:

   ix.        all governments (national, regional and local) have a duty to limit the negative impacts of Climate Breakdown, and local governments that recognise this should not wait for their national governments to change their policies. It is important for the residents of Epping Forest District and the UK that local authorities commit to carbon neutrality as quickly as possible;

     x.        the consequences of global temperature rising above 1.5°C are so severe that preventing this from happening must be humanity’s number one priority;

   xi.        bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities (as well as improved well-being for people worldwide); and

That the Council resolves to:

  xii.        declare a ‘Climate Emergency’;

 xiii.        pledge to do everything within the Council's power to make Epping Forest District Council area carbon neutral by 2030;

 xiv.        call on Westminster to provide the powers and resources to make the 2030 target possible;

  xv.        work with other governments (both within the UK and internationally)  ...  view the full minutes text for item 39.

(Commercial and Regulatory Services Portfolio Holder) To consider the attached report.

Mover: Councillor A Patel, Commercial and Regulatory Portfolio Holder

Councillor A Patel submitted a report regarding a supplementary capital loan of up to £30 million for the purpose of general investment opportunities that were subject to the criteria outlined in the Asset Management Strategy (approved by Cabinet on 13 June 2019).

Councillor S Murray requested the right for his individual vote to be recorded. Namely that he voted against the recommendation.

Report as first moved ADOPTED

            RESOLVED:

That a supplementary capital loan of £30 million for the purpose of general investment opportunities be approved.

Recommending:

That the Council note the following revised appointments of the Leader, as the Council’s representatives on various bodies established by the Local Strategic Partnership for the remainder of the 2019/20 municipal year:

(a)       Health and Wellbeing Board – Councillor A. Patel, Councillor N. Bedford;

(b)       Economic Board – Councillor A. Patel; and

(c)       Tourism Board – Councillor R. Bassett;

At its meeting on 30 July 2019, the Council noted the appointment by the Leader of the Council of member representatives to external organisations for the 2019/20 municipal year. However, a number of appointments to various bodies established by the Local Strategic Partnership have since been reviewed.

The appointment of members to external organisations carrying out executive functions is a matter reserved to the Leader of the Council. The Council is therefore requested to note the appointments made by the Leader of the Council to the respective Local Strategic Partnership bodies for the remainder of the 2019/20 municipal year.

Although the Council also noted the appointment by the Leader of Councillor J. Jennings as a representative on the Epping Forest Children’s Partnership, at its last meeting, the Service Director (Community and Partnership Services) has since advised that the Children’s Partnership has been disbanded by the Local Strategic Partnership and that such appointment was not required for 2019/20.

Mover: Councillor C Whitbread (the Leader)

Councillor C Whitbread reported revised Leader Appointments in relation to the Council’s representation on outside organisations.

Report as first moved ADOPTED.

            RESOLVED:

That the following Leader appointments be made for the remainder of the 2019/20 municipal year;

(a)    Health and Wellbeing Board – Councillor A. Patel, Councillor N. Bedford;

(b)    Economic Board – Councillor A. Patel; and

(c)    Tourism Board – Councillor R. Bassett.

(Chairman of the Audit and Governance Committee) To consider the attached report.

Mover: Councillor J Knapman, Chairman of Audit and Governance Committee

Councillor J Knapman reported that one of the two co-opted members of the Audit and Governance Committee had served their second three year term of office, and if they wished to serve any further it would subject to a competitive selection process.

Mr T. Javis had indicated that he wished to serve for a further three years. Therefore in accordance with the procedures to recruit a Co-Opted Member set out in Article 11 of the Council’s Constitution for Audit and Governance Committee, a Panel of four Councillors needed to be appointed.

The second co-opted member on the Audit and Governance Committee indicated that due to other commitments, she could not guarantee her availability for the interview panel. Therefore, she would be appointed as an advisory, non voting member of the interview panel.

Report as first moved: ADOPTED

            RESOLVED:

(1)        That a Panel of four Councillors be appointed, including the Chairman of Audit & Governance, with delegated authority to undertake the interviews             following public advertisement and to appoint the preferred candidate for the vacant Co-Opted Member position on the Audit & Governance Committee;

(2)        That pro rata rules not be applied to the Panel;

(3)        That the following 4 Councillors be appointed to the Interview and Selection Panel:

                        (a)        Councillor J Knapman – Conservative group;

                        (b)        Councillor R Jennings – Loughton Residents Association group;

                        (c)        Councillor S Heap – Green Party group; and

                        (d)        Councillor J M Whitehouse - Liberal Democrats group; and

(4)        That Ms. N Nanayakkara, the other co-opted member on the Audit & Governance Committee, be invited to attend the interviews in an advisory, non–voting capacity.

(a)          (Chairman of the Overview and Scrutiny Committee) To answer any questions without notice asked in accordance with Council Rules.

Councillor B Jennings advised that the last Overview and Scrutiny Committee scheduled for 3 September 2019 had been cancelled due to the unavailability of an external organisation and that none of the select committees had met since the last meeting.

Councillor S Murray advised that he was concerned with the cancellation of the Overview and Scrutiny Committee and hoped that this would not occur again.

To note the attached decision taken by the Vice-Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules.

The Council noted that the Vice-Chairman of the Council (in absence of the Chairman) had agreed that the following decision be treated as a matter of urgency and not subject to call in:

(a)          Proposed Letting of Land at North Weald Airfield to Her Majesty’s Revenue and Customs

(1)        The Cabinet agreed to the approval of a new lease of land at North Weald Airfield to Her Majesty’s Revenue and Customs for HGV parking and associated facilities to allow the operation of the checking of documentation for companies importing and exporting high value goods.

(2)        Alongside the more formal agreement concerning the use of the Airfield, the Cabinet agreed to seek other benefits from the Ministry of Housing, Communities and Local Government in terms of infrastructure, planning, information exchange and other legacy benefits.

(a)               To receive from Council representatives reports on the business of joint arrangements and external organisations and to answers any questions on those bodies which may be put without notice; and

(b)               To request written reports from representatives on joint arrangements and external organisations for future meetings.

(a)          Epping Forest Local Liaison Group

Councillor B Jennings asked that a report be brought forward by members appointed to the Epping Forest Local Liaison Group.

(b)          Health and Wellbeing Board

Councillor C Whitbread advised that he would bring an update on the Essex Health and Wellbeing Board, to a future meeting.