Agenda and minutes

Following latest Government guidance to mitigate the risk of COVID transmission and facilitate social distancing, this meeting has been transferred from the council chamber to the conference suite.

Due to late relocation and holding of the main item in private session, the meeting is not going to be webcast. The Apologies and Declarations of Interest will be published in the minutes.

The Democratic Services Officer advised Members that following the latest Government guidance, to mitigate the risk of COVID transmission and facilitate social distancing, that the Extraordinary Council meeting had been transferred from the Council Chamber to the Conference Suite.

Due to the late relocation and holding the main item in private session, the meeting would not be webcast. The Apologies for Absence and Declarations of Interest would be published in the minutes.

To declare interests in any item on the agenda.

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

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 for four years after the date of the meeting one copy of each of the documents on the list of background papers.

The Chairman read out the following advice to Members:

“Having passed a resolution to exclude the press and public under section 100(A)(4) of the Local Government Act 1972, I hereby respectfully remind all Members that they are required to treat all information and discussions under item 5 as exempt.

Legal advice has been obtained by the Council in order for it to assess its chances of defending the Dowding Way planning appeal and to enable proper reconsideration of the approach by Full Council having regard to all of the facts and law. This advice and all discussions relating to it are legally privileged and exempt from public disclosure by law.

Any disclosure of exempt information would likely compromise the Council and significantly prejudice its defence of the planning appeal and could result in further financial costs being incurred.  Furthermore, any disclosure by Members without the consent of the Council, would be a breach of your duties under Article 2 of the Constitution, the Members' Charter and the Member's Code of Conduct.”

RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                       Exempt Information

Item No.          Subject                                               Paragraph Number

5                      Dowding Way,                                     5

            Waltham Abbey.

To consider the attached confidential report.

The Finance, Qualis Client and Economic Development Portfolio Holder presented a restricted report to Council and advised that the report was subject of the Financial and Governance implications of the Planning Decision at Dowding Way, Waltham Abbey. Legal advice has been prepared by leading Counsel setting out the prospects of successfully defending an appeal against the refusal of the Dowding Way planning application and the financial implications to the Council.

The conclusion of the vote was 35 for the recommendations, 3 against and 6 abstentions. In line with Part 4 of the Council Rules, Councillor C C Pond wished to have recorded that he voted against the recommendations.

RESOLVED:

That the recommendations detailed in the Private report be agreed.