Agenda and minutes

The Chairman stated that it was his sad duty to inform the Council of the death of the Vice-Chairman, Councillor J P Gilliham, who had passed away over the weekend. All present stood for a minute’s silence in tribute to the memory of Councillor Gilliham, whom the Chairman stated would be much missed by fellow members, officers and the residents of Chigwell. The Chairman informed members of the Council of the arrangements that had been made for the funeral, which would take place at St Mary’s Church in Chigwell on Friday 22 April 2005 at 10.45 a.m. The reception following the service would be held at Chigwell Golf Club.

Following the Chairman’s announcement, Councillor Mrs D Collins on behalf of the Conservative Group, Councillor M Heavens on behalf of the Liberal Democrats group, Councillor J Knapman on behalf of the Independent Group and Chigwell Parish Council, Councillor Mrs J Davis on behalf of the Labour Group, and Councillor K Faulkner on behalf of the Loughton Residents Association all paid tribute to Councillor J Gilliham.

            RESOLVED:

That the Council’s sincerest condolences be expressed to Mrs M Gilliham and her family.

To approve as a correct record and sign the minutes of the meetings held on 15 February and 8 March 2005 (previously circulated)

            RESOLVED:

That the minutes of the Council meetings held on 15 February 2005 and 8 March 2005 be taken as read and signed by the Chairman as a correct record.

(Joint Chief Executive) To declare interests in any item on the agenda.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillor K Wright declared a personal interest in item (5)(e) (Alternative Management of the Council’s Leisure Facilities) of the agenda, by virtue of being the Parish Council’s representative on the Ongar Leisure Centre Liaison Group. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the item.

(b)               Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Davis declared personal interests in items (8)(b)(i) and (8)(b)(ii) (Questions by Members – To any Member of the Cabinet) of the agenda, by virtue of her son currently residing in Stonnards Hill. The councillor had determined that her interests were not prejudicial and would remain in the meeting for the consideration of the items.

(c)               Pursuant to the Council’s Code of Member Conduct, Councillor P Gode declared a personal interest in item 5(c) (Calendar of Council Meetings – 2005/06 Municipal Year) of the agenda, by virtue of being the Chairman of the Board of Governors of Shelley County Primary School, which is the current venue for Area Plans Sub-Committee ‘C’. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the item.

(d)               Pursuant to the Council’s Code of Officer Conduct, the Head of Research and Democratic Services declared a personal interest in item (10) (Appointment of Electoral Registration Officer and Returning Officer) of the agenda, by virtue of being the direct subject of the report. The officer had determined that his interest was prejudicial and would leave the meeting for the consideration of the item.

To confirm the minutes of the last meeting of the Sub-Committee.

(a)                           Flowers

The Chairman announced that the flowers from tonight’s meeting would be sent to Mrs Gilliham with the Council’s sincerest condolences.

(b)                          Chairman’s Charity Abseil

The Chairman informed the Council that this event would take place on Sunday 1 May 2005 at Church Langley Water Tower, and urged members to support the participants.

(c)                           Chairman’s Charity Walk

The Chairman invited all members to take part in this event, which would be held on Sunday 8 May 2005, starting from the Chairman’s house in Matching. Members were informed that coffee would be served at 10.30 a.m. before setting off for the walk at 11.00 a.m. All participants would be provided with a Ploughman’s Lunch upon completion of the walk.

To respond to questions of the Council made in accordance with the Council’s Scheme. Questions will be tabled if not received in time to be incorporated into the agenda.

No public questions had been received for consideration at the meeting.

To consider the following reports of the Cabinet:

(a)                           Supplementary Estimates – 2005/06

(Mover: Councillor J Knapman – Portfolio Holder for Finance & Performance Management)

The Portfolio Holder for Finance and Performance Management presented a report regarding the Supplementary Estimates for 2005/06 that were agreed by the Cabinet at its last meeting on 14 March 2005.

Report as first moved ADOPTED.

            RESOLVED:

(1)              That, in order to provide an enhanced Street and Grounds Cleansing Service for the Ninefields Estate in Waltham Abbey, a supplementary estimate of £20,800 from the Housing Revenue Account be approved;

(2)              That a supplementary CSB estimate of £15,000 be approved for the first year of a five-year programme of preventative and routine maintenance, together with breakdown cover for the Council’s High Voltage Distribution Network at North Weald Airfield; and

(3)              That CSB growth of £10,000, adjusted as appropriate by trade indices, be approved for 2006/07 to enable the undertaking of a further four years of a five-year maintenance programme for the High Voltage Distribution Network at North Weald Airfield.

(b)                          Capital Programme – Loughton Town Centre Enhancement Phase II

(Mover: Councillor J Knapman – Portfolio Holder for Finance and Performance Management)

The Portfolio Holder for Finance and Performance Management presented a report to the Council regarding the Capital Programme for Phase II of the Loughton Town Centre Enhancement Scheme. The Council were informed that the cost for Phase II of the project had risen from £836,000 to £1.35million, mainly due to the work required by statutory undertakers to divert certain underground utilities. The Portfolio Holder stated that the overall cost of the project would be reduced if Phase II were commenced immediately following the completion of Phase I, and would reiterate the initial commitment made by the Council to the local community to undertake improvements to Loughton High Road.

Report as first moved ADOPTED.

            RESOLVED:

That the Capital provision for Phase II of the Loughton High Road Town Centre Enhancement Scheme be increased from £836,000 to £1.35million.

(c)                           Calendar of Council Meetings – 2005/06 Municipal Year

(Mover: Councillor S Barnes – People First Portfolio Holder)

The Council received a report from the People First Portfolio Holder concerning the Calendar of Council Meetings for the 2005/06 Municipal Year. The report also contained recommendations that meetings of both Area Plans Sub-Committees ‘C’ and ‘D’ be moved back to the Civic Offices from June 2005.

Report as first moved ADOPTED.

            RESOLVED:

(1)              That, as set out in Appendix 1, the Calendar of Meetings for the period May 2005 to May 2006 be adopted;

(2)              That, subject to the search for alternative venues in Waltham Abbey, meetings of Area Plans Sub-Committee ‘D’ be moved to the Civic Offices with effect from June 2005; and

(3)              That meetings of Area Plans Sub-Committee ‘C’ be moved to the Civic Offices with effect from June 2005.

(d)                          Paynes Lane, Nazeing – Traveller Site

(Mover: Councillor R Glozier – Portfolio Holder for Planning and Economic Development)

The Portfolio Holder for Planning and Economic Development presented the Cabinet with a report regarding the Traveller  ...  view the full minutes text for item 109.

To consider the following motion, notice of which has been given under Paragraph 11 of the Council Procedure Rules in Part 4 of the Constitution.

Unauthorised Gypsy and Traveller Encampments

“That this Council recognises:

(a)      harmonious relationships exist between many settled gypsy sites in Essex and their neighbours;

(b)      the law-abiding traveller and gypsy communities within the County are part of our heritage; and

(c)      the provision of legally regulated sites for these communities should continue,

and calls on the Government to:

(a)      prevent human rights legislation from frustrating planning laws;

(b)      strengthen the powers of local authorities to prevent abuse of the law by the process of seeking retrospective planning permission;

(c)      create a criminal offence of “aggravated trespass” to cover large unauthorised encampments;

(d)      give stronger guidance and support to the Police and local authorities on law enforcement in such cases”.

Mover; Councillor Mrs D Collins

Seconder: To be advised

(a)                           Unauthorised Gypsy and Traveller Encampments

The Council considered the following motion moved by Councillor Mrs D Collins and seconded by Mrs P Smith.

“That this Council recognises:

(a)                           harmonious relationships exist between many settled gypsy sites in Essex and their neighbours;

(b)                           the law-abiding traveller and gypsy communities within the County are part of our heritage; and

(c)        the provision of legally regulated sites for these communities should continue;

and calls on the Government to:

(a)               prevent human rights legislation from frustrating planning laws;

(b)               strengthen the powers of local authorities to prevent abuse of the law by the process of seeking retrospective planning permission;

(c)               create a criminal offence of “aggravated trespass” to cover large unauthorised encampments; and

(d)               give stronger guidance and support to the Police and local authorities on law enforcement in such cases.”

Motion as first moved ADOPTED.

            RESOLVED:

(1)              That this Council recognises:

(a)              harmonious relationships exist between many settled gypsy sites in Essex and their neighbours;

(b)            the law-abiding traveller and gypsy communities within the County are part of our heritage; and

(c)            the provision of legally regulated sites for these communities should continue;

(2)            And calls on the Government to:

(a)            prevent human rights legislation from frustrating planning laws;

(b)            strengthen the powers of local authorities to prevent abuse of the law by the process of seeking retrospective planning permission;

(c)            create a criminal offence of “aggravated trespass” to cover large unauthorised encampments;

(d)            give stronger guidance and support to the Police and local authorities on law enforcement in such cases.

To receive a report from the Chairman of the Overview and Scrutiny Committee Review Panel on the proposed revisions to the Constitution required to facilitate the new Scrutiny arrangements agreed by Council

The Chairman of the Overview and Scrutiny Review Panel presented a report to the Council regarding the proposed revisions to the Constitution required to facilitate the new arrangements for Overview and Scrutiny previously agreed by the Council. The Council was reminded that it had previously agreed a series of principles for the new Overview and Scrutiny arrangements, this report was concerned with the changes necessary to the Council’s Constitution to ensure that the Council had a set of operational rules for the system to operate. The principal focus had been the Overview and Scrutiny Operational Rules, and the allied protocol on the reporting process from Overview and Scrutiny to the Cabinet, including Call-In arrangements.

The Chairman of the Overview and Scrutiny Review Panel further explained that, in order to raise the profile of Overview and Scrutiny within the Council, a new logo had designed and agreed by the Panel, which had now begun to appear on the agendas. The Review Panel hoped that the Council would embrace the new system wholeheartedly and saw it as a vehicle to further develop the District.

The Chairman thanked Councillor Stallan and the Panel for all their hard work undertaken during the course of the Overview and Scrutiny Review.

            RESOLVED:

(1)            That the revised Overview and Scrutiny Procedure Rules be adopted; and

(2)            That, to reflect the proposed changes, the consequential and clerical amendments to the Council’s Constitution be made by the Head of Research and Democratic Services.

         Recommendation:

         To consider and approve the Annual Report of Scrutiny for 2004-05

(Chairman of the Overview and Scrutiny Co-ordinating Group) To receive and consider the annual report of Overview and Scrutiny as required by the Constitution.

The Chairman of the Overview and Scrutiny Coordinating Group presented a report upon the activities of the Overview and Scrutiny function during the past municipal year. The implications of Anti-Social Behaviour Orders for the Council and the status of Ongar Fire Station were the main issues considered by Overview and Scrutiny Committee (1) this past year. Highlights for Overview and Scrutiny Committee (2) were the issues of the Waste Management Strategy and liaison with London Underground Ltd, whilst Overview and Scrutiny Committee (3) dealt with the implications for the Council of the Licensing Act 2003 along with the review of the Council’s Overview and Scrutiny structure. In conclusion, the Chairman of the Overview and Scrutiny Coordinating Group thanked Councillor Stallan for the work performed on the Overview and Scrutiny Review, and the officers that had supported Overview and Scrutiny during the past year.

            RESOLVED:

That the work undertaken by Overview and Scrutiny during the past municipal year be noted.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure Rules of the Constitution:

(a)    to the Chairman of the Council

(b)   to any Member of the Cabinet

(i)      Garden Refuse

By Councillor S Murray to the Portfolio Holder for Environmental Protection (Councillor D Jacobs)

“Would the Portfolio Holder agree that Easter is an obvious time for the first garden work to be undertaken by local residents and would he therefore please explain:

(a)    why no free bags for garden refuse were circulated to local households in Loughton Roding Ward prior to the Easter weekend;  and

(b)    why the white bags were available for purchase at sale points in Loughton resulting in residents being either unable to recycle their cuttings or forced to purchase their white bags from commercial outlets?”

(ii)     Petition from Roding Road, Loughton Residents - Stonards Hill/Alderton Way Traffic Scheme

By Councillor S Murray to the Portfolio Holder for Civil Engineering and Maintenance (Councillor D Spinks)

“Is the Portfolio Holder aware that in August 2004, a petition was received by the Council signed by 53 residents in Roding Road, Loughton (representing almost 100% of the affected residents) expressing concerns regarding environmental health issues and the effect of the Stonards Hill and Alderton Way Traffic Scheme and would he further state:

(a)    why there has been no satisfactory response from him;

(b)    why there has been no discussion at member level;

(c)     whether he is now prepared to meet a delegation of petitioners in order to discuss these issues;

(d)    when such a meeting would be likely to take place;

(e)    when there would be an opportunity for member discussion; 

and agree that the lack of satisfactory response could be interpreted as a failure by the Council to take this petition seriously?”

(c)       to the Chairman of any Committee or Sub-committee.  

(a)            Garden Waste Collection Service

By Councillor S Murray to Councillor D Jacobs, Portfolio Holder for Environmental Protection

“Would the Portfolio Holder agree that Easter is an obvious time for the first garden work to be undertaken by local residents and would he therefore please explain:

(a)       why no free bags for garden refuse were circulated to local households in Loughton Roding Ward prior to the Easter weekend; and

(b)       why the white bags were available for purchase at sale points in Loughton resulting in residents being either unable to recycle their cuttings or forced to purchase their white bags from commercial outlets?”

Response by Councillor D Jacobs, Portfolio Holder for Environmental Protection

“The most recent calendar provided to residents informed them that the garden waste collection service would not commence until April/May this year. A start date cannot be set until the special bio-degradable bags have been ordered, delivered to the Council and then distributed to residents. This could not be achieved ahead of the Easter weekend, which this year was particularly early in the year. A new calendar is in the process of being printed.

If residents wished to recycle their garden waste, the facilities at the County Civic Amenity sites were available over the holiday period. It is important that residents read and keep available their recycling calendars in order to avoid any confusion over collection dates, especially around holiday periods. Information is also available in local newspapers and on the Council’s website. The garden waste service is due to re-commence on 1 May 2005 and, I am pleased to announce, will be extended to cover all parts of the District. Furthermore, as part of the changes to the waste management arrangements being introduced later this year, it is intended to extend the service to operate throughout the year.

The garden waste bags currently in retail outlets are those remaining from last year’s stock. New stocks will be available shortly.”

(b)            Stonards Hill and Alderton Way Traffic Scheme Petition

By Councillor S Murray to Councillor D Spinks, Portfolio Holder for Civil Engineering and Maintenance

“Is the Portfolio Holder aware that in August 2004, a petition was received by the Council signed by 53 residents in Roding Road, Loughton (representing almost 100% of the affected residents) expressing concerns regarding environmental health issues and the effect of the Stonards Hill and Alderton Way Traffic Scheme and would he further state:

(a)       why there has been no satisfactory response from him;

(b)       why there has been no discussion at member level;

(c)            whether he is prepared to meet a delegation of petitioners in order to discuss these issues;

(d)       when such a meeting would be likely to take place;

(e)       when there would be an opportunity for member discussion;

and agree the lack of satisfactory response could be interpreted as a failure by the Council to take this petition seriously?”

Response by Councillor D Spinks, Portfolio Holder for Civil Engineering and Maintenance

“I took the petition very seriously and discussed  ...  view the full minutes text for item 113.

            Recommendations:

(1)            To approve the revised Schedule of Officer Delegations;

(2)           To publish the revised schedule in the Council’s Constitution.

(Head of Research and Democratic Services)  At the February Council meeting, members agreed a number of changes to the Schedule of Officer Delegation in the Council’s Constitution.  These principally concerned the role and responsibilities of the two newly appointed joint Chief Executives and the positions of Returning and Registration Officers for electoral purposes.  It was indicated at that Council meeting that the schedule would be reviewed again in greater detail to ensure that it was accurate and reflected other changes in the Council’s structure, both officer and member.

The revised schedule was circulated with the Councillors’ Members’ Bulletin on 1 April 2006 and members were advised to bring their copies with them to this meeting. 

The Council is asked to note that the main purpose of the review has been to bring the schedule up to date and not to review the level of delegation itself, which has been in operation for many years in most cases.  Thus, the alterations have concerned:

(a)         new officer designations;

(b)    changes in personnel and post numbers where specific named delegations are involved;

(b)         removal of delegations under legislation which is no longer in force; and

(d)    removal of delegations which reflect Council policies which have now been rescinded or amended.

Once the Council has approved the revised schedule, the delegations will be published in the Constitution.

The Head of Research and Democratic Services presented a report to the Council regarding the recent review of the Schedule of Officer Delegations. It was explained that the main purpose of the review had been to update the Schedule and not review the actual delegations themselves. Thus, the alterations have concerned: new officer delegations; changes in personnel and post numbers where specific named delegations were involved; the removal of delegations under legislation that was no longer in force; and the removal of delegations that reflected Council policies which had been rescinded or amended.

The Head of Research and Democratic Services drew the attention of the Council to the fact that delegation H14 to the Head of Finance in respect of Housing Benefits was now illegal and would be removed from the final schedule if approved at the meeting. The revised Schedule had been circulated in the Members’ Bulletin but no comments had been forthcoming. If approved then the delegations would be published in the Constitution.

            RESOLVED:

(1)               That, excluding delegation H14, the revised Schedule of Officer Delegations be approved; and

(2)            That the revised Schedule of Officer Delegations be published in the Council’s Constitution.

          Recommendations:

          (1)   That, in terms of the Representation of the People Act 1983 and all related legislation, and with effect from 19 April 2005, Mr Ian Willett, the Council’s Head of Research and Democratic Services, be appointed as Electoral Registration Officer for the Council;

          (2)   That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with effect from 19 April 2005, Mr Ian Willett be appointed as Returning Officer for the Council, with authority to act in that capacity for elections to the Council and all or any parish and town councils within the Council area;

(3)   That the Council Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including in relation to County Council elections/elections to the European Parliament, and for national and regional polls or referendums;

          (4)   That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with scale of fees approved by the Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referendums;

          (5)   That in all cases where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable, and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from central government or other local authorities or agencies where this can be done;

          (6)   That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the  Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);  and

          (7)   That, such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, the Council, through its internal insurance fund or otherwise, will indemnify the Returning Officer up to the value of such excess.

(Joint Chief Executives)  The Council has resolved to appoint Mr I Willett (Head of Research and Democratic Services) as Registration and Returning Officer until 30 April 2008.

Since the various appointments were approved by the Council, a further review has been carried  ...  view the full agenda text for item 115.

The Joint Chief Executive (Resources) presented a report to the Council regarding the appointment of an Electoral Registration Officer and Returning Officer. Since the Council approved the appointment of the Head of Research and Democratic Services as Registration and Returning Officer until April 2008, a further review was carried out to ensure that the necessary authorities were robust enough to withstand challenge, and consolidated into a single resolution. The Joint Chief Executive (Resources) clarified for the Council that the insurance excess would be approximately £5,000, and would be covered by other insurances taken out by the Council.

            RESOLVED:

(1)             That, in terms of the Representation of the People Act 1983 and all related legislation, and with effect from 19 April 2005, Mr Ian Willett, the Council’s Head of Research and Democratic Services, be appointed as Electoral Registration Officer for the Council;

(2)            That, in terms of Section 41 of the Local Government Act 1972 and all related legislation, and with effect from 19 April 2005, Mr Ian Willett be appointed as Returning Officer for the Council, with authority to act in that capacity for elections to the Council and all or any Parish and Town Councils within the Council area;

(3)            That the Council Electoral Registration Officer be also appointed or authorised to act in respect of all related electoral, poll or referendum duties, including in relation to County Council elections, elections to the European Parliament, and for national and regional polls or referenda;

(4)            That, in relation to the duties of Returning Officer or any other electoral, referendum or polling duties arising from such appointment, the Returning Officer shall be entitled to be remunerated in accordance with the scale of fees approved by the Council for local elections, or the relevant scale of fees prescribed by a Fees Order in respect of national, regional or European Parliament elections, polls or referenda;

(5)            That in all case where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable, an the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from Central Government or other local authorities or agencies where this can be done;

(6)               That, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer and/or the cost of holding another election in the event of the original election being declared invalid (providing that such proceedings or invalidation are the result of the accidental contravention of the Representation of the Peoples Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or  ...  view the full minutes text for item 115.

(a)       Essex Development Agency Limited

            Recommendation:

            To confirm that the Council's representative on the Essex Development Agency Limited will be the Portfolio Holder for Planning and Economic Development and/or the Head of Service

(Head of Research and Democratic Services)  The Cabinet has recently decided to join the Agency as an ordinary member.  The Council is asked to confirm the Cabinet's wish to be represented by the Portfolio Holder and/or the Head of Planning and Economic Development at any relevant meeting.

(b)       Essex Prosperity Forum (and West Essex Sub Group)

            Recommendation:

            To confirm that the Council's representative on the Essex Prosperity Forum (and West Essex Sub Group) will be the Portfolio Holder for Planning and Economic Development.                  

(Head of Research and Democratic Services)  The Cabinet has recently decided to join this organisation and the Council is asked to confirm that the Council's representative should be the Portfolio Holder for Planning and Economic Development.

(a)               Essex Development Agency Limited

The Leader of the Council presented a report regarding representation for the Council on the Essex Development Agency Limited. The Cabinet had recently decided to join the Agency as an ordinary member, and the Council was asked to confirm the Cabinet’s preferred representative.

RESOLVED:

That the Portfolio Holder for Planning and Economic Development and/or the Head of Service be confirmed as the Council’s representative on the Essex Development Agency Limited.

(b)       Essex Prosperity Forum (and West Essex Sub-Group)

The Leader of the Council presented a report regarding representation for the Council on the Essex Prosperity Forum (and West Essex Sub-Group). The Cabinet had recently decided to join the Forum, and the Council was asked to confirm the Cabinet’s preferred representative.

            RESOLVED:

That the Portfolio Holder for Planning and Economic Development be confirmed as the Council’s representative on the Essex Prosperity Forum (and West Essex Sub Group).