Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Democratic and Electoral Services Team 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 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 28 February 2023 and the Extraordinary Council meeting held on the 6 March 2023, as attached.

            RESOLVED:

            (1)        That the minutes of the Council meeting held on 28 February 2023 be       taken as read and signed by the Chairman as a correct record; and

            (2)        That the minutes of the Council meeting held on 6 March 2023 be taken as read and signed by the Chairman as a correct record.

(a)        Chairman’s Announcements

(a)        Harlow Rotary Club Abseil

The Chairman informed the Council that she would be undertaking the abseil down the water tower in Harlow, organised by the Harlow Rotary Club, in aid of her chosen charity and would welcome any sponsorship from Members.

(b)     Essex High Sheriff

The Chairman announced that she had attended the declaration of the new High Sheriff for Essex in Chelmsford.

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.

(1)        Question from Mr Jon Nutton, of Brook Road, Epping to Councillor N Avey, Contracts and Commissioning Portfolio Holder and wider Council Members.

‘Despite having first brought this to the Council's attention prior to Covid Lockdowns - the state of the pathway between Centre Drive and Epping Tube Station is worsening and little, if anything, was being done to clear the litter or remove the graffiti (see attached pictures).

I would appreciate your views on this matter and some help in getting the problem resolved asap.

I would also like to ask the Council for an update on their 'Litter Strategy' that was passed last year, as there doesn’t seem to have been any movement on this since. In the meantime, Epping and the surrounding streets are becoming a dumping ground.’

The questions received from members of the public, together with the answers, are attached as an Appendix to these minutes.

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 questions by members 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 of Council (verbal);

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

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

(d)        Report of the Housing & Community Portfolio Holder (attached);

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

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

(g)        Report of the Contracts & Commissioning Portfolio Holder (attached);

(h)        Report of the Technical Services Portfolio Holder (attached); and

(i)         Report of the Internal Resources 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 of Council reported that he had attended various meetings, including at City Hall to discuss London and the South-East planning issues, with other Leaders and Chief Executives from North Essex, as well as regular meetings with the Harlow and Gilston Garden Town and Qualis Boards.

The report of the Leader of Council was noted.

(b)       Place Portfolio Holder

The report of the Place Portfolio Holder was noted.

(c)        Finance Portfolio Holder

The Finance Portfolio Holder added that the contract for the North Weald Airfield Market had been extended to the end of 2024 with a rent increase applied. It was good for both the Airfield and North Weald that the Market would be continuing.

The report of the Finance Portfolio Holder was noted.

(d)       Housing & Community Portfolio Holder

The Housing & Community Portfolio Holder reported that the Council would receive £1.6million for the de-carbonisation of its properties. This would cover 130 Council-owned properties, particularly in the rural areas of the District.

The Portfolio Holder also added her thanks to Mr N Allston for his work as the High Sheriff of Essex.

The report of the Housing and Community Portfolio Holder was noted.

(e)        Wellbeing & Community Partnerships Portfolio Holder

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

(f)        Customer Portfolio Holder

The Customer Portfolio Holder requested Members to report any issues that they might experience, following the improvements to the website, to the Customer Services Team.

The report of the Customer Portfolio Holder was noted.

(g)       Contracts & Commissioning Portfolio Holder

The report of the Contracts & Commissioning Portfolio Holder was noted.

(h)       Technical Services Portfolio Holder

The report of the Technical Services Portfolio Holder was noted.

(i)         Internal Resources Portfolio Holder

The report of the Internal Resources 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.

The questions by Members without notice, and the answers given, can be viewed in full as part of the recording of the meeting available on the Council’s YouTube channel; a link to which is available on page 1 of these minutes.

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.

(Internal Resources Portfolio Holder) The Cabinet recommends to the Council:

(1)        To approve the proposed changes from the Constitution Working Group to the Council’s Scrutiny Committee structure; and

(2)        To adopt the Calendar of Meetings for 2023/24.

The Chairman of the Constitution Working Group, Cllr P Bhanot, presented a report on proposed changes to the Council’s Scrutiny Committee structure for 2023/24. This involved the Stronger Council Select Committee being amalgamated with the Overview & Scrutiny Committee, and the two remaining Select Committees being renamed the Communities Scrutiny Committee and the Place Scrutiny Committee. In addition, it was also being proposed that nominations for all three Scrutiny Committees should be undertaken by the Appointments Panel in future, and that the position of Chairman for all three Scrutiny Committees should be filled by a member outside of the majority group.

The Internal Resources Portfolio Holder, Cllr S Kane, presented the rest of the report which sought agreement for the Calendar of Meetings for 2023/24, and that only the Chairman of a Committee should receive a paper copy of the agenda in future.

Cllr C Whitbread proposed an amendment to recommendation 1(f), seconded by Cllr J Philip, such that only the Chairman of the Overview & Scrutiny Committee need be chaired by a Member outside the majority group not all three Scrutiny Committees. Some Members felt that all three Scrutiny Committees should be chaired by a Member outside of the majority group, as originally proposed by the Constitution Working Group, and one member suggested that this should be referred back to the Constitution Working Group for further consideration.

The amendment was carried.

Cllr C Whitbread proposed an amendment to recommendation (3), seconded by Cllr J Philip, such that the frequency of meetings for Area Plans Sub-Committees East and South should remain at their current four weeks. Both Sub-Committees met regularly and had full agenda for their meetings, and therefore it was sensible to retain their current four-weekly cycle. Area Plans Sub-Committee West and the District Development Management Committee would change to a six-weekly cycle of meetings as originally proposed.

The amendment was carried.

A small number of Members questioned the need for only the Chairman of a Committee to receive a printed copy of the agenda, and not the other members of the Committee as well. However, it was highlighted that the provision of paper agenda to Councillors incurred a cost to the Council and that it was time for Councillors to go digital.

            Resolved:

            (1)        That the following proposed changes from the Constitution Working Group to the Council’s Scrutiny Committee structure be approved:

                        (a)        That the Overview and Scrutiny Committee be retained on the                        Council’s Committee list;

                        (b)        That the Stronger Council Select Committee be removed from              the Council’s committee list and its work programme be absorbed by               the Overview and Scrutiny Committee;

                        (c)        That the Stronger Communities and Stronger Place Select                            Committees be retained on the Council’s committee list and their work              programmes continue to be aligned with the corresponding key themes               within the Council’s Corporate Plan;

                        (d)        That the two select committees be renamed as the Communities

                        Scrutiny Committee and the Place Scrutiny Committee;

                        (e)        That nominations for all three Scrutiny committees be                                    undertaken by the Appointments Panel and  ...  view the full minutes text for item 88.

(Chairman of the Licensing Committee) Presents a report to recommend to Council that they adopt the revised statement of licensing principals.

The Chairman of the Licensing Committee, Cllr R Morgan, presented a report on the reviewing of the Statement of Principles under the Gambling Act 2005. All licensing authorities were obliged to publish a statement of licensing principles which they prposed to apply under the Act, and the Statement had to be reviewed every three years. Some minor amendments had been made to reflect the latest guidance.

            Resolved:

            (1)        That the revised Statement of Licensing Principles under the Gambling    Act 2005 be adopted.

(Chairman of the Audit & Governance Committee) That the annual report of the Audit & Governance Committee 2021/22 be noted.

The Chairman of the Audit & Governance Committee, Cllr P Bolton, presented the Audit & Governance Committee Annual Report for 2021/22. The Committee had acknowledged that there had been issues with the external Auditor, hence it had been decided to seek a new provider.

The Finance Portfolio Holder, Cllr J Philip, thanked the Audit & Governance Committee for their diligence throughout the year. The position with the external Auditor was not acceptable, as the Statement of Accounts from two years ago had not yet been signed off. However, the failing of external Audit contracts was a national problem, and the Council would not want to see its fees rise as a result. Cllr J Philip stated that he would have further discussions with the external Auditor.

            Resolved:

(1)        That the Audit & Governance Committee Annual Report for 2021/22 be noted.

(Chairman of the Audit and Governance Committee) To receive a report from the Audit and Governance Committee recommending that the Anti-Fraud and Corruption

Strategy be approved.

The Chairman of the Audit & Governance Committee, Cllr P Bolton, presented a report on the Council’s Anti-Fraud and Corruption Strategy. Minor changes had been made in relation to the types of fraud to include some new responsibilities, and the Council was requested to approve the revised Strategy.

Cllr P Bolton added that the Council had yet to deal with any whistle-blowing issues, and that the Council’s risk register was assessed on a regular basis with the general trend for the risks being downwards.

            Resolved:

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

(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.

The Council noted the reports provided from the Grange Farm Centre Trust, the Lee Valley Regional Park Authority, and the Loughton Broadway Town Centre Partnership. Cllr H Kane added that the Royal Gun Powder Mills would be opening on Saturday 15 April 2023 with many activities available for visitors, and that the Waltham Abbey Town Centre Partnership had been very active in recent months.