Agenda and minutes

The Democratic 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 other such use by 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.

Could I also remind Members to activate their microphones before speaking, and to switch them off when they have finished.”

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.

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 15 October 2024 (attached).

Cllr J M Whitehouse requested an amendment to the minutes of the last meeting in relation to minute item 39 – Annual Report of the Audit & Governance Committee for 2023/24. Cllr J M Whitehouse had reported that the Committee were confident a process was in place to identify and monitor the key risks, and that key members and Officers were aware of the what the key issues were, rather than the Committee was satisfied that significant risks to the Council were being suitably managed.

            RESOLVED:

(1)        That, subject to the minutes being amended as requested by Cllr J M Whitehouse, the minutes of the Council meeting held on 15 October 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 stated that he hsd been very impressed to be a part of the Youth Council’s Speed meeting, where it was wonderful to spend time with the Youth Councillors – even if it was only for 2 minutes with each one.

The Chairman had attended various Christmas events recently, especially those organised by the Council’s Communities Teams. These included the Stay Safe and Well events for our elderly residents in Theydon Bois and Roydon, the West Essex Inclusion Children’s Christmas Party and the Christmas Giving Campaign Wrapping Day which was held here at the Civic Offices. One event that was very special was the Christmas Memory Train at the Epping and Ongar Railway and another, for those that attended, was the wonderful Christmas Carols & Nativity at Chigwell Riding Trust. The Chairman recommended that Councillors attend the last two events above in future if they had not already as it truly signified what Christmas meant to so many.

And finally, the Chairman highlighted the wonderful Civic Christmas Carol Service which was held last Friday at St Mary’s Church in Theydon Bois. The Chairman thanked all who had attended as it was a very memorable evening.

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 Council noted that there were no questions submitted by members under notice 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 Housing & HGGT Portfolio Holder (attached);

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

(d)        Report of the Shaping Our District Portfolio Holder (attached);

(e)        Report of the Commercial & Estates Portfolio Holder (attached);

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

(g)        Report of the Contracts Delivery Portfolio Holder (attached);

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

(i)         Report of the Technical 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 of the Council, Cllr C Whitbread, highlighted the forthcoming challenges for the Council, including changes to the National Planning Policy Framework (NPPF), and the restructuring of the Financial Settlement the Council received from the Government. 

The Leader thanked the Council’s staff for their efforts during 2024, and highlighted the Staff Awards event that had happened last week. This had illustrated the hard work undertaken by staff on behalf of the District’s communities. The Council was also informed of the positive outcome for the Communications Team from their recent LGA Peer Review, and the Leader hoped that the whole Council would be subject to a full Peer Review in the near future.

The Leader reminded the Council that the Government had launched its Devolution and Local Government Reorganisation White Paper on Monday of this week. The key part was the Devolution offer to the three upper tier authorities in Essex, but there was also an invitation to examine Local Government at District Level as well. The White Paper was very comprehensive, but more information and further updates for Members would be provided in the new year. The first stage would be for the upper tier authorities in Essex to submit a bid to be included as part of the Priority Programme.

Finally, the Leader proposed a Dispensation motion for Cllr Hadley to be exempt from the ‘Six Month Rule’ under Section 85 of the Local Government Act 1972, due to reasons of ill health. The motion was seconded by Cllr R Balcombe.

The report of the Leader of the Council was noted.

(b)       Housing & HGGT Portfolio Holder

The report of the Housing & HGGT Portfolio Holder was noted.

(c)        Finance & Economic Development Portfolio Holder

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

(d)       Shaping Our District Portfolio Holder

Cllr K Williamson highlighted that a revised version of the National Planning Policy Framework (NPPF) had been published last week, with further amendments due in 2025. Officers were reviewing the implications on the District’s Housing Delivery figures and Members would be updated in due course. Following on from the work undertaken to finalise the Council’s Local Plan, including the implementation of measures to protect Epping Forest, the Council objected to the arbitrary imposition of further housing numbers which would lead to the additional loss of Green Belt land within the District. Member training on the revised NPPF had been scheduled for Wednesday 22 January 2025.

The report of the Shaping Our District Portfolio Holder was noted.

(e)        Commercial & Estates Portfolio Holder

Cllr T Matthews confirmed that the sale of the Cartersfield commercial and industrial units in Waltham Abbey had been completed, in the sum of £10.3million.

The report of the Commercial & Estates Portfolio Holder was  ...  view the full minutes text for item 51.

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.

(Transformation Portfolio Holder) To approve the proposals for the Polling Districts, Places and Stations in the Epping Forest District following the recent review.

The Leader of the Council, Cllr C Whitbread, presented a report on the review of the Polling Districts, Polling Places and Polling Stations within Epping Forest.

Cllr C Whitbread stated that local authorities were required to review their Polling Districts and Polling Places for UK parliamentary constituencies at least once every five years. In addition to compulsory reviews, local authorities might also conduct additional reviews at other points, depending on local circumstances. Additional local reviews did not affect the timetable for compulsory reviews. The Council’s compulsory five-year review was due to be completed by the end of January 2025, and this report outlined the proposed changes arising from the review.

The Council noted the report had not been considered by a Scrutiny Committee, but that it had been submitted to the Local Councils Liaison Committee on 21 November 2024. Some concern was expressed about the possible disenfranchising of residents who lived in rural communities, and the example of there being no Polling station in Lower Sheering was highlighted with the suggestion that a Polling Station should be sought in nearby Sawbridgeworth. However, it was noted that the Council could not use a location outside of the District, and all residents would be made aware of the location of their Polling station at the next scheduled election(s).

            Resolved:

            (1)        That, following a review, the proposals for Polling Districts, Polling          Places and Polling Stations in the Epping Forest District as set out in     Appendix 1 to this report, be approved;

            (2)        That the proposals be published and copies be made available for    inspection by the public at the Civic Offices, in at least one place in each       Parliamentary Constituency covering the Epping Forest District and on the       Council’s website; and

            (3)        That the intention of the Electoral Registration Officer to reflect any   alterations required, because of the review in the revised Electoral Register to be published on 1 December 2024, be noted.

(Chairman of the Licensing Committee) To consider and adopt the attached Statement of Licensing Policy, previously agreed by the Licensing Committee.

The Chairman of the Licensing Committee, Cllr R Morgan, presented a report on the Council’s Statement of Licensing Policy under the Gambling Act 2005.

Cllr R Morgan informed the Council that the Gambling Act 2005 required all licensing authorities to prepare and publish a statement of licensing principles that they proposed to apply in exercising their functions under the Act, commonly known as a Policy Statement. The Policy had to be reviewed every 3 years and where reviewed and changes proposed, licensing authorities had to consult on any revision, prior to the Statement being re-published. The Policy Statement assisted in ensuring that an appropriate balance was maintained between the interests of those wishing to provide and take part in legal gambling, and those who might be affected by such activities.

Cllr Morgan stated that the current policy had been agreed by the Licensing Committee and approved by the Council on 4 April 2023 following minor amendments to reflect the latest guidance and to update the area profile in line with the Census of 2021. Given the recent review, consultation, and approval of the policy in 2023, no changes to the policy had been deemed necessary. Therefore, the only change proposed, was the date on which the policy would take effect, i.e. January 2025.

            Resolved:

(1)        That the revised Statement of Licensing Policy be approved and adopted by the Council from January 2025.

(Contracts Delivery Portfolio Holder) To consider the attached report for an additional allocation from within the Council’s Capital Programme for the construction of the Waste Operations Hub at North Weald Airfield.

The Portfolio Holder for Contracts Delivery, Cllr R Balcombe, presented a report from the Cabinet, recommending that an additional £1,031,046 be allocated within the Capital Programme for the construction of the Waste Operations Hub at North Weald Airfield. This report had been considered by the Cabinet at its meeting on 9 December 2024.

The Portfolio Holder for Shaping the District, Cllr K Williamson, stated that Drainage costs had been a lot higher than originally estimated, and the majority of the additional £600,000 for Drainage was for attenuation tanks. A small contingency had been allowed for in the original budget, and the Council was confident that it could deliver the project within the revised budget. The tenders had been received and the Council had full knowledge of the revised figures, but it would depend on whether anything was found which would cause costs to rise further once the excavation was started. Cllr T Matthews added that the Council would have ownership of this asset, and North Weald Airfield was the only location on which to build this.

The Council noted the potential revenue implications of between £45,000 and £60,000 per year arising from this additional capital expenditure, and that the Council could have saved some costs if temporary buildings had not been needed.

            Resolved:

(1)        That the allocation of an additional £1,031,046 within the Capital Programme for the construction of the Waste Operations Hub at North Weald Airfield be agreed.

(Leader of the Council) To consider the appointment of an interim Head of Paid Service and Monitoring Officer.

The Leader of the Council, Cllr C Whitbread, presented a report on the appointment of an interim Head of Paid Service and an interim Monitoring Officer.

Cllr C Whitbread reported that, under the Local Government & Housing Act 1989, the Council was obliged to make appointments to the statutory roles of Head of Paid Service, Section 151 Officer and Monitoring Officer. Currently, these posts were held by G Blakemore, A Small and N Boateng respectively. However, G Blakemore had been absent from the Council due to ongoing health related issues and was unlikely to return before February 2025. Therefore, it was recommended to appoint J Gould as the interim Head of Paid Service to maintain separation of the statutory roles. N Boateng was due to leave the Council this week to take up a new position. P Maginnis was the Director of Corporate Support Services to whom N Boateng reported to, and it was recommended to appoint P Maginnis as the interim Monitoring Officer until such time as a new Legal Services Manager was appointed.

In response to questions from the Councillors present, Cllr C Whitbread stated that A Small would be acting as the District Returning Officer in the interim, and legal advice would be available to the interim Monitoring Officer as P Maginnis was not a trained Lawyer. For the Chief Executive’s other roles, an alternative Service Director had been appointed to Terre Verde Services and a temporary appointment had also been made to the Qualis Board.

            Resolved:

            (1)        That J Gould be appointed interim Head of Paid Service; and

            (2)        That P Maginnis be appointed interim Monitoring Officer.

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.

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.

In the absence of the Chairman of the Overview & Scrutiny Committee, who had given his apologies for the meeting, the Vice-Chairman, Cllr C McCann, presented the report from the Overview & Scrutiny Committee.

The Committee had met three times since the last meeting of the Council. The first meeting on 29 October had been a single item meeting with representatives from Transport for London (TfL). A written response to some of the queries raised at the meeting had been recently received, and this would be attached to the minutes of the meeting.

The second meeting on 19 November 2024 had considered Key Performance Indicators, the Council’s Priority Projects and the Quarterly Budget Monitoring Report. The third meeting on 10 December 2024 had considered the preliminary options on the Budget proposals for 2025/26 and had been extremely useful. This approach would strengthen the Budget Setting process. The draft Budget proposals would be presented to the next meeting of the Overview & Scrutiny Committee on 28 January 2025, and all Members were welcome to attend.

Cllr S Murray felt that the Council’s ability to influence TfL was poor, as they had sent relatively junior representatives and had not prepared properly for the meeting in October. At the November meeting, Cllr S Murray highlighted the good quality of public consultation undertaken by Officers for the refurbishment of Loughton Broadway, and the importance of avoiding scaffolding being in place during the Christmas period. However, the Councillor was disappointed that an organisation within the District had been awarded the King’s Award for Voluntary Service in November, which was the highest award available for voluntary service, but this had not been formally acknowledged by the Council.

The Council noted the report from the Vice-Chairman of the Overview & Scrutiny Committee.

(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.

Councillor H Whitbread presented a brief report on the District Museum in Waltham Abbey. The permanent Churchill display had been officially opened, and the Councillor thanked the Officers at the Museum for their efforts on this. The Museum was making good progress with involvement in several recent community events. It had been less than a year since the Museum had become an independent charity and the Trust wanted the opportunity to report back to the Overview & Scrutiny Committee.

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 Council noted that there was no business which necessitated the exclusion of the public and press from the meeting.