Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Team Manager for Democratic and Electoral Services 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 and Electoral 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.

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.

To approve as a correct record and sign the minutes of the meeting held on 20 February 2024 (attached).

            RESOLVED:

(1)        That the minutes of the Council meeting held on 20 February 2024 be taken as read and signed by the Chairman as a correct record.

(a)        Chairman’s Announcements

(a)        Announcements by the Chairman of the Council

The Chairman hoped that everyone had had an enjoyable Easter break and highlighted that the festivals of Eid and Vaisakhi were also occurring this week.

As this was the Chairman’s last Full Council Meeting as Chairman of Council, he reflected on his year and how much he had enjoyed it. In particular, the Chairman was delighted to host the successful Epping Forest District Council Civic Awards a few weeks ago, which recognised and celebrated some of our remarkable residents for their achievements, success and unwavering dedication to the area and their communities.

The Chairman informed the Council that he still had some events to attend before the end of his year, including The Scouts Association Day of Celebration and Achievement at Windsor Castle on 21 April 2024 and a Royal Garden Party in Buckingham Palace in May.

Finally, the Chairman referenced the 50th anniversary of the founding of Epping Forest District Council in 1974, on 1 April 2024. To commemorate the anniversary, a special edition of the Members’ Bulletin had been prepared and contained the names of all the founding members of the Council. The Bulletin also detailed some of the most significant milestones of the last 50 years.

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 no public questions had been received for consideration at the 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 following question had been submitted by Cllr E Gabbett under notice:

“What will the District Council do to support safer roads within Buckhurst Hill East and Whitebridge, this includes the time and effort you are investing in monitoring and lobbying the County Council to do more. We hear daily from our residents that they do not feel safe crossing our roads, during the day and at night, with the traffic speeds or navigating the potholes and closed bridge walkways. Can you please tell us what is being done to support safer roads in our community?”

The Portfolio Holder for Regulatory Services, Cllr K Williamson, provided the following response:

“Thank you for your question. I presume that this stems from the tragic accident that occurred in October 2021. Updating you on the current situation, the information I have is that the criminal investigation has been concluded and the Coroner’s Court will be reconvened on the 15th August, following which Essex County Council will then take on board any recommendations.

As you are aware these matters are the responsibility of  Essex County Council.  You ask what is the District Council’s role in supporting safety on our roads.  This is led from our Local Highways Panel which meets on a regular basis, the next meeting is on the 24th June. Any comments you have to make would be appreciated.

You ask what I have done in monitoring and lobbying for safer roads.  As a member of Buckhurst Hill Parish Council I have been part of the team that purchased two Speed Indicator Devices for deployment throughout the Parish, I have liaised with County Councillor Vance in getting an agreement in place to fix these devices to Essex owned lampposts, following surveys to ensure that they are suitable and safe.  Following this I worked closely with Officers at EFDC in the installation process.  All of this work was a Pilot project run by ECC and is now available to all Town and Parish Councils throughout the District and Essex.

I think there is a basic misunderstanding in your question regarding the role of Ward Councillors who were elected to represent their residents. I have checked with our County Councillor who has not received any emails, phone calls, messages or any communication from yourself.  It could be said that whilst we have been working some have regrettably been shirking. I think your Party Leader has let you down by not suggesting that this is an inappropriate question at this time.”

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 of Council (verbal);

(b)        Report of the Place Portfolio Holder (attached);

(c)        Report of the Finance & Economic Development Portfolio Holder (attached);

(d)        Report of the Housing & Strategic Health Partnerships Portfolio Holder (attached);

(e)        Report of the Community Health & Wellbeing Portfolio Holder (attached);

(f)         Report of the Contracts, Service Delivery & Improvement Portfolio Holder (attached); and

(g)        Report of the Regulatory Services 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)        Leader of the Council

The Leader reported that he had met with representatives from the other North Essex Councils, and stated that the group was becoming more consolidated. The Leader had also met with the new Youth Councillors following the recent round of Youth Council elections. The Leader also highlighted the progress being made with the construction of the new Epping Sports Centre.

The report of the Leader of the Council was noted.

(b)       Place Portfolio Holder

The report of the Place Portfolio Holder.

(c)        Finance & Economic Development Portfolio Holder

The Portfolio Holder requested all Councillors to respond to the questionaire sent by Ernst & Young, the Council’s new external Auditors, as they could not begin any auditing work until all Councillors had responded.

The report of the Finance & Economic Development Portfolio Holder was noted.

(d)       Housing & Strategic Health Partnerships Portfolio Holder

The report of the Housing & Strategic Health Partnership Portfolio Holder was noted.

(e)        Community Health & Wellbeing Portfolio Holder

The report of the Community Health & Wellbeing Portfolio Holder was noted.

(f)        Contracts, Service Delivery & Improvement Portfolio Holder

The report of the Contracts, Service Delivery & Improvement Portfolio Holder was noted.

(g)       Regulatory Services Portfolio Holder

The report of Regulatory Services Portfolio Holder was noted.

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.

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

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

The Chairman reported that there were no motions to be considered at the meeting.

(Leader of the Council) To consider the attached report recommending the approval of the Pay Policy Statement for 2024/25.

The Leader of the Council, Cllr C Whitbread, presented a report from the Cabinet on the Council’s Pay Policy Statement for 2024/25.

The Council is required to produce a Pay Policy Statement for each financial year, setting out the details of its remuneration policy, under section 38(1) of the Localism Act 2011. Specifically, it should include the Council’s approach to its highest and lowest paid employees and is published annually on the Council’s website. The Pay Policy Statement was considered by the Cabinet at its meeting on 18 March 2024, and is recommended for approval.

            Resolved:

            (1)        That the Pay Policy Statement for 2024/25 be approved.

(Chairman of the Constitution Working Group) To consider the attached report seeking approval for revisions to Article 17 within the Constitution.

The Vice-Chairman of the Constitution Working Group, Cllr J H Whitehouse, presented a report on the review of Article 17 – Access to Information – within the Constitution.

The Council noted that the Key Decision List had recently been restyled and for reasons of public transparency it had been decided that it should be referred to in the Constitution as the Forward Plan, rather than the Key Decision List. Currently both names were used which might cause confusion as to whether the Forward Plan was the same document as the Key Decision List. In addition, it was previously a legal requirement to publish the Forward Plan at least 14 days prior to its start date; however, this stipulation was removed by the Access to Information Regulation enacted in 2016.

Cllr J H Whitehouse also highlighted that, in revising this Article, it was noticed that it contained references to practices that the Council had long since ceased to do. These included placing a hard copy of the agenda in the Welcome Area, referring to the Section 151 Officer as the Chief Financial Officer and the posting of notices at the Civic Offices. Therefore, it was recommended by the Constitution Working Group that the updated version of Article 17 be approved for inclusion in the Constitution.

            Resolved:

            (1)        That the updated version of Article 17 – Access to Information – be            approved for inclusion in the Constitution.

(Chairman of the Audit & Governance Committee) To consider the attached report to appoint two new co-opted members to the Audit & Governance Committee.

The Chairman of the Audit & Governance Committee, Cllr P Bolton, presented a report on the appointment of two new co-opted members to the Committee.

Cllr P Bolton reminded the Council that, under Article 11 of the Council’s Constitution relating to the Audit and Governance Committee, there should be two co-opted members of the Committee. A competitive recruitment and selection process had been completed, and based on their professional expertise, experience and background as relevant to the role and responsibilities of the Audit and Governance Committee, S Heiberg and H Singh were selected as suitable candidates for the role.

Cllr P Bolton highlighted that Mr T Jarvis had been a long- standing co-opted member of the Audit & Governance Committee, whose term of office came to an end on 30 November 2023, and the Council should recognise the contribution of Mr T Jarvis over many years to the Audit & Governance Committee.

            Resolved:

            (1)        That S Heiberg and H Singh be appointed as the two new co-opted members of the Audit & Governance Committee; and

            (2)        That the contribution of Mr T Jarvis as a co-opted member of the Audit   & Governance Committee over many years be commended.

(Chairman of the Audit & Governance Committee) To consider the attached report to approve the Anti-Fraud & Corruption Strategy.

The Chairman of the Audit & Governance Committee, Cllr P Bolton, presented a report requesting approval of the Council’s Anti-Fraud & Corruption Strategy.

Cllr P Bolton reported that the strategy remained largely unchanged, but the policy was now aligned with the UK Government’s Economic Crime Plan 2023/26. The Audit & Governance Committee reviewed the revised Anti-Fraud & Corruption Strategy at its meeting on 15 February 2024 and the Strategy is recommended to the Council for approval.

The Finance & Economic Development Portfolio Holder, Cllr J Philip, added that the key fraud risks detailed in the Strategy were particularly relevant to the Council and not just generic local authority risks, and also encouraged Members to attend meetings of the Audit & Governance Committee to be better informed of the risks faced by the Council.

            Resolved:

            (1)        That the Anti-Fraud & Corruption Strategy be approved.

To receive the report of the Chairman of the Overview and Scrutiny Committee and to answer any questions without notice asked in accordance with Council Rules.

The Chairman of the Overview & Scrutiny Committee, Cllr D Wixley, informed the Council that there had not been a meeting of the Committee since the last Council meeting. The next meeting was scheduled for 23 April 2023, at which the Youth Council would be attending, and Cllr D Wixley urged Members to attend to learn of the the Youth Council’s achievements throughout the year.

Cllr D Wixley added that there had been five meetings of the Overview & Scrutiny Committee throughout the municipal year, and he thanked the members of the Committee for their contributions, particularly the Vice-Chairman Cllr J McIvor, and the Officers for their support.

Cllrs C Whitbread and S Murray thanked Cllr D Wixley for his Chairmanship of the Committee throughout the municipal year.

(a)                 To receive from Council representatives the reports (attached - if any) on the business of joint arrangements and external organisations and to receive answers to 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.

There were no updates from Councillors appointed to represent the Council on outside bodies.

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.

It was agreed that under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below on the grounds that it would 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):

(Contracts, Service Delivery & Improvements Portfolio Holder) To consider the attached restricted report from the Cabinet regarding the Epping Forest Operations Hub.

The Portfolio Holder for Contracts, Service Delivery & Improvement, Cllr R Balcombe, presented a private report regarding the construction of the Epping Forest Operations Hub.

Cllr R Balcombe stated that this had been considered by the Cabinet at its meeting on 18 March 2024, and Barnes Construction had been appointed for the design and build of the Operations Hub at North Weald Airfield. Unfortunately, the allocation within the Capital Programme for the construction of the Hub would have to be increased and, as this was an amendment to an existing budgetary approval, the Council was requested to approve the additional monies within the Capital Programme for the construction of the Hub.

            Resolved:

(1)        That the inclusion of a maximum additional allocation within the Capital Programme in the sum of £1,733,000 be approved for the construction of the Operations Hub at North Weald Airfield.