Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Assistant Director of Governance 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 Councillor Frank Love  who passed away recently.

Former Councillor Love represented the Chipping Ongar Ward of the District as a  Conservative Councillor from 1978 -1991.

He served on many of the Council’s member bodies during this period. These included the Central Officers Sub-Committee, Civic Offices Staff Liaison Group, Development Committee, Grange Farm Management Sub-Committee, Housing Sub-Committee, Joint Works Committee, Land Sub-Committee, Personnel Sub-Committee, Plans Sub- Committee A/B, Safety Sub-Committee and Transportation Committee. He also represented the Council on many outside organisations including Chelmsford Posts and Telecommunications Advisory Committee, Chigwell Local Safety Advisory Committee, Essex & Herts Council for Local Authorities (APT & C Staff and Manual Workers), Eastern Gas Consumers’ Council (Outer Metropolitan Local Committee), Epping & Ongar District Old People’s Welfare Association, Ongar & Area Local Safety Committee, Ongar & District Community Association and Ongar Sports Centre Management Committee.

It was with much sadness that the Chairman informed the Council of the death of former Councillor Frank Love.

Former Councillor Frank Love had represented the Chipping Ongar Ward of the District as a Conservative Councillor from 1978 to1991. He had served on many of the Council’s member bodies and outside organisations during in his time.

Members paid tribute to the memory of former Councillor Frank Love and stood for a minute’s silence in his memory.

To approve as a correct record and sign the minutes of the meeting held on 24 May 2018 (attached).

            RESOLVED:

That the minutes of the Council meetings held on 24 May 2018 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

There were no declarations of interest by members of the Council under this item.

The Chairman advised that with the consent of the Council, the motion under agenda item 10, Motions, would be brought forward as the next item of business.

(a)          Official Holocaust Memorial

Proposed by: Councillor G. Chambers

Seconder: Councillor H. Kauffman

Motion:

(1)          That the Leader of Council appoint the relevant Portfolio Holder to secure an official holocaust memorial within our District and brings forward a proposal (after working with the mover and seconder of this motion) to a future Cabinet meeting;

(2)          That, once completed, the Chairman of Council give consideration to appropriate commemoration of Holocaust Memorial Day within his/her annual calendar of events; and

(3)          The wording of any memorial will only say Holocaust memorial and the person it was opened by and the actual year.

Background paper received on 27 June 2018.

(b)          To consider any motions, notice of which has been given under Council Rules.

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

(a)          Holocaust Memorial

Moved by Councillor G. Chambers and seconded by Councillor H. Kauffman

“(1)      That the Leader of Council appoint the relevant Portfolio Holder to secure an official Holocaust memorial within our District and brings forward a proposal (after working with the mover and seconder of this motion) to a future Cabinet meeting;

 (2)       That, once completed, the Chairman of Council give consideration to an appropriate commemoration of Holocaust Memorial Day within his/her annual calendar of events; and

(3)        That the wording of any memorial will only say Holocaust memorial, the person it was opened by and the actual year.”

Carried Unanimously

Motion as first moved ADOPTED

            RESOLVED:

(1)        That the Leader of Council appoints the relevant Portfolio Holder to secure an official holocaust memorial within the District and bring forward a proposal (after working with the mover and seconder of this motion) to a future Cabinet meeting;

(2)        That, once completed, the Chairman of Council give consideration to appropriate commemoration of Holocaust Memorial Day within his/her annual calendar of events; and

(3)        That the wording of any memorial will only say Holocaust memorial and the person it was opened by and the actual year.”

(a)        Apologies for Absence

(b)        Chairman’s Announcements

(a)          Announcements by Chairman of Council

The Chairman advised that he had attended numerous events around the district including the Freedom Parade and salute of the 56 Squadron at North Weald, Our Voices Choir from Ongar, visiting various old people’s homes and attending the Conservators of Epping Forest event.

(b)          Flowers

The Chairman announced that he intended to send the flowers from tonight’s meeting to the wife of former Councillor and Chairman of the Council David Stallan as he was currently unwell.

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 submitted for consideration at the meeting.

To answer questions asked after notice in accordance with the provisions contained within the Council 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 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.

Question by Councillor G Chambers to the Portfolio Holder for Safer, Greener and Transport, Councillor S Kane

Whilst I appreciate that most resources are going towards the Local Plan, I am concerned at the lack of progress on the proposed Buckhurst Hill Conservation Area which started in  2011.

Please can you provide me and my fellow ward councillors with an update on this application and also set out some robust time lines when this will be delivered for our residents.

Question by Councillor G. Chambers to the Portfolio Holder for Safer, Greener and Transport, Councillor S. Kane

“Whilst I appreciate that most resources are going towards the Local Plan, I am concerned at the lack of progress on the proposed Buckhurst Hill Conservation Area which started in 2011.

Please can you provide me and my fellow ward councillors with an update on this application and also set out some robust time lines when this will be delivered for our residents.”

Answer to Councillor G. Chambers from Councillor S. Kane, Portfolio Holder for Safer, Greener and Transport.

“I would like to thank Councillor G. Chambers for his question and keeping the issue in the spotlight. After enquiring about this issue, I can confirm that the draft Conservation report has been completed and a copy has now been passed onto you. I would like to thank Maria Kitts and the Conservation Team for completing this document, which would be shortly sent out for consultation.”  

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 Assets and Economic Development Portfolio Holder (attached);

(c)        Report of the Environment Portfolio Holder (attached);

(d)        Report of the Finance Portfolio Holder (attached);

(e)        Report of the Housing Portfolio Holder (attached);

(f)        Report of the Leisure and Community Services Portfolio Holder (attached);

(g)        Report of the Planning and Governance Portfolio Holder (attached);

(i)         Report of the Safer, Greener and Transport Portfolio Holder (attached); and

(j)         Report of the Technology and Support Services Portfolio Holder (attached).

The Council received written reports from all the Portfolio Holders. The Chairman invited the Leader to provide an oral report and any other members of the Cabinet to give an update of their written report, if required.

(a)          The Leader of Council

The Leader advised that he had attended many meetings across the district since the last Council meeting.

Firstly, as part of the Council’s programme of modernisation covered within the People Strategy, a new officer structure had been agreed. At the most senior level, the new Management Board would consist of the Chief Executive and two Strategic Directors. In June following a rigorous interview process which included technical assessments, a stakeholder panel and a presentation, Georgina Blakemore had been appointed as one of the Strategic Directors. She had previously held senior corporate roles at both Colchester and Basildon Councils. Unfortunately, the Appointments Panel had not felt able to appoint another person to the other Strategic Director position at this time and it would remain vacant. The intention was still to recruit another Strategic Director, in consultation with the external advisors SOLACE  and the Senior Management Selection Panel would meet again in September 2018 to take this forward.

On the 20 July 2018, he had attended the launch of the Community Safety Hub, which brought together the Council, Essex Police and other agencies at the Civic Office. He credited the Safer, Greener and Transport Portfolio Holder, Councillor S Kane who when appointed to the role, set out to do something about anti-social behaviour in the district. The new Hub also demonstrated the future vision of how the Council would look and would improve the working environment for officers.

He had also attended the 150 year celebrations of Smithfield Market hosted by the City of London Corporation at Guildhall, in the presence of Princess Anne. Finally, he had attended a meeting with the leaders of the neighbouring districts regarding the centre core of the London Stansted Cambridge Corridor (LSCC), which works together to promote jobs and future opportunities for the district, Harlow, Uttlesford, Broxbourne and East Herts.

(b)          Safer, Greener and Transport Portfolio Holder

Councillor S. Kane advised that the Petanque Day mentioned in his Portfolio Holder Report to Council was organised by Ongar and District Twinning Association not the Ongar Town Forum as suggested.

(c)          Technology and Support Services Portfolio Holder

Councillor A. Lion advised that the drop in i-trent training session for new members would be rescheduled due to the launch of the Community Safety Hub.

He also advised that the Council had been mentioned in the Financial Times on 18 July 2018, regarding the District having one of the highest Broadband speeds. 

(d)          Planning and Governance Portfolio Holder

Councillor J. Philip advised members that the annual canvass of electors had begun and the forms should have started to be received. He pointed out that there were a number of automated ways to respond, which he would like to encourage residents to use and which were faster and cheaper  ...  view the full minutes text for item 22.

The Council 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.

Council Rules provide that answers to questions without notice may take the form of:

(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 Chief Officer.

In accordance with the Council 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 10 minutes at their discretion.

(a)          Bring Banks/Biffa

Councillor C.C. Pond asked the Environment Portfolio Holder to report back to Council on the outcome of the recycling Bring Banks investigation and to pass on his thanks to Biffa for their efforts in the recent heatwave.

Councillor N. Avey advised that he would be reporting back on the recycling Bring Bank investigation and would pass on the Councils thanks to Biffa.

(b)          Anti-Social Behaviour

Councillor H. Whitbread asked the Safer, Greener and Transport Portfolio Holder to expand on how anti-social behaviour in the summer months would be tackled.

Councillor S. Kane advised that the summer months were the most difficult when it came to anti-social behaviour. Park guard had been tasked to patrol known problematic areas of the district and the additional Police would also be able to assist.

(c)          Loughton Leisure Centre

Councillor R. Brookes asked the Leisure and Community Services Portfolio Holder if the residents in Tycehurst Hill could be updated on the noise disturbance being experienced from Loughton Leisure Centre and whether any further disturbance could be moderated for the neighbouring properties.

Councillor H. Kane advised that there were two aspects to the noise complaints. Firstly, the construction noise experienced out of hours had been the result of several break ins, which had required replacement doors and steel shutters being installed late at night and the occasional over night work required to prevent the centre closing in the day time. She had spoken to the leisure management contractor and advised that they regretted the noise and impact on the surrounding properties and would undertake to minimise any further noise. The work was also scheduled to be completed at the end of August, which would help the situation. Furthermore, a contractor was in the progress of installing sound limiters and an acoustic engineer would be assessing the building, ceilings and wall materials. Although this may take some time and residents had been asked to keep noise diaries by the Environmental Health Officers.

The usage of the Leisure Centre has remained stable and the extension would allow for more residents to use the facilities.

(d)          Knolly’s Nursery, Waltham Abbey

Councillor D. Dorrell asked the Housing Portfolio Holder about whether the stringent nomination requirements had been adhered to, and the ongoing issues with Thames Water had been resolved at the development on the former Knolly’s Nursery. He also raised concerns about the speed of traffic on Pick Hill.

Councillor S Stavrou advised that the development at Knights Wood, previously known as Knolly’s Nursery had been developed in close partnership with a locally based developer, Hill Partnerships and the housing association East Thames. The development contained 80% affordable housing, which comprised 38 affordable rented homes and 25 shared ownership homes. All of the rented properties had been let to households living within the District for at least 5 years and had been registered on the Council’s Housing Register. In addition to this, half were local residents from Waltham Abbey. Furthermore, Councillor S. Stavrou advised that the 79  ...  view the full minutes text for item 23.

(Environment Portfolio Holder) To consider the attached report.

Mover: Councillor N. Avey, Environment Portfolio Holder

Councillor N. Avey submitted a report regarding the financial impact of the inability to sell recycling materials in the Chinese market. He stated that, following specialist advice, a settlement offer had been made by the Council in recognition of the investment made by Biffa to improve the quality of output materials from their Material Recycling Facilities and to ensure all of the Council’s recycling materials were reprocessed and recycled. A financial contribution to Biffa Municipal had been agreed by Cabinet on 14 June 2018 and required agreement from Council.

Report as first moved ADOPTED

RESOLVED:

(1)      That a one off Capital supplementary estimate in the sum of £200,000 in 2018/19 be approved; and

(2)     That the first payment of a Revenue supplementary estimate in the sum of £50,000 for 2018/19 be approved.

(a)          To receive the Annual Overview and Scrutiny Committee Report 2017-2018 (attached separately);

(b)          To note the progress report from the Chairman of the Overview and Scrutiny Committee (attached); and

(c)          To answer any questions without notice asked in accordance with Council Rules.

(a)          Overview and Scrutiny Annual Report

The Council received and noted the Annual Report of the Overview and Scrutiny Committee, its Select Committees and the Task and Finish Panels for 2017/18 presented by the Overview and Scrutiny Committee Chairman, Councillor M. Sartin.

(b)          Report of the Chairman of the Overview and Scrutiny Committee

The Council received a written report from Councillor M. Sartin, the Chairman of Overview and Scrutiny Committee on issues considered at its last meeting.

To consider the attached report and the Statutory Statement of  Accounts 2017/18 (to follow), submitted to the Audit and Governance Committee on 30 July 2018.

The Chairman of the Audit and Governance Committee will report orally on the Committee’s consideration of and recommendations regarding the Statutory Statement of Accounts 2017/18.

Councillor J. Knapman, Chairman of Audit and Governance Committee.

Councillor J. Knapman advised that the date for completion of the Statutory Statement of Accounts for 2017/18 had been changed, and brought forward, to 31 July 2018. This had resulted in the late submission of the Statutory Statement of Accounts to the Audit and Governance Committee for scrutiny and the external auditors were still working on the audit, at the time of the Council meeting, although no significant changes had been presented to date. The Audit and Governance Committee were recommending the adoption of the Statutory Statement of Accounts 2017/18, subject to any minor changes arising from the completion of the audit process.

Report as first moved ADOPTED

            RESOLVED:

            That the Statutory Statement of Accounts for 2017/18 be adopted subject to any minor amendments required by the Section 151 Officer.

(Leader of Council) To consider the attached report.

The Council’s Constitution Article 11, Paragraph 8 (Eligibility for Membership - Councillor Members), stated that councillors appointed to the Audit and Governance Committee could not also be members of any select committee appointed by the Overview and Scrutiny Committee with responsibility for reviewing the Council’s finances or financial procedures. Councillor A. Patel had been appointed to the membership of the Audit and Governance Committee for 2018/19 at the Annual Meeting of the Council on 24 May 2018 and as Chairman of the Resources Select Committee by the Overview and Scrutiny Committee on 4 June 2018. Councillor A. Patel had indicated that he wished to remain on the Resources Select Committee and had therefore resigned from the Audit and Governance Committee. A new Conservative nomination was required for the municipal year 2018/19.

RESOLVED:

That Councillor P. Bolton be appointed to the Audit and Governance Committee for the remainder of the 2018/19 municipal year.

(Councillor J Philip for the Constitution Working Group) To consider the attached report.

Councillor J. Philip presented a report on behalf of the Chairman of the Constitution Working Group regarding a review of the current arrangements for the delegation of planning-related matters to officers to ensure a smooth implementation of the Local Plan.

Councillor J. Philip advised that the words in Article 10 of the Constitution (District Development Management Committee and Areas Plans Sub-Committee) Appendix 3 (9) “after the 6 week deadline” should also be removed.

Carried

Report as amended ADOPTED

RESOLVED:

(1)          That the words “Director of Governance” in paragraph (3) of the Working Groups Terms of Reference be replaced with the words “Monitoring Officer” as set out in Appendix 1 to this report.

(2)          That the revised planning delegation (currently numbered CLD 2 in the scheme of delegation from the Council) as set out at Appendix 2 to the report be approved;

(3)          That Article 10 of the Constitution (District Development Management Committee and Area Plans Sub-committees) be amended as follows (and as set out in Appendix 3 to the report):

(i)           within the section on the Terms of Reference of the District Development Management Committee, the deletion of the following words in paragraph (f) of that subsection, “(and/or a spouse or partner thereof)” and the insertion of the words “(and/or their relevant person as defined in the Council’s Code of Conduct)”;

(ii)           within the section on the Terms of Reference of the Area Plans Sub-committees, deletion of paragraph (5) of that subsection and the insertion of a new paragraph (5) as follows:

            “(5)      Planning applications made by officers of Service Director level and above”

(iii)          within the section on the Terms of Reference of the Area Plans Sub-committees the inclusion of the following additional words as a new subsection:

“(7)       To request officers to undertake enforcement action on a site where members have refused a retrospective planning application; and

(8)        To require a report to the relevant Plans Sub-committee from officers in those cases where no further action is subsequently proposed, such a report to give option to refer enforcement action to the District Development Management Committee; and

(9)        To require such report be made within 2 months after the elapsing of the timescale within which a retrospective application can be appealed and that the sub-committee is informed if an appeal has been launched.”;

(4)          That the Monitoring Officer be asked to make the required changes to the schedule of delegations and Article 10 of the Constitution; and

(5)          That the Constitution Working Group be asked to undertake a review of the impact of these changes after a year of operation.

(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.

a)            There were no updates from council representatives on any other business of joint arrangements and external organisations; and

b)            There were no requests made for written reports by representatives on joint arrangements and external organisations for the next meeting.