Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

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 Chairman made a short address to remind all present that the meeting  would be broadcast on 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 District Councillor Ken Easlea who died on 7 March 2008 at Clacton on Sea where he was living in retirement.

Ken Easlea represented the Lambourne ward between 1995 and 2002. He was vice-chairman of the Staff Appeals Panel in 2000/01, vice-chairman of Plans Sub-Committee C in 2000/01 and vice-chairman of Area Plans Sub-Committee C in 2001/02.

It was with much sadness that the Chairman informed the Council of the death of former Councillor Ken Easlea on 7 March 2008.  The Chairman announced that Ken Easlea had represented the Lambourne Ward on the District Council between 1995 and 2002.  He had been Vice-Chairman of the Staff Appeals Panel in 2000/01, Vice-Chairman of Plans Sub-Committee ‘C’ in 2000/01 and Vice-Chairman of Area Plans Sub-Committee ‘C’ in 2001/02.

All present stood for a minute’s silence in tribute to the memory of Ken Easlea.

Following the Chairman’s announcement, Councillors D Jacobs and S Murray paid tribute to Ken Easlea.

To approve as a correct record and sign the minutes of the meeting held on19 February 2008 (attached).

            RESOLVED:

That the minutes of the meeting held on 19 February 2008 be taken as read and signed by the Chairman as a correct record.

(Chief Executive) 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.

(a)       Apologies for Absence

(b)       Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(c)      Councillors not seeking re-election

To note that the following councillors are not seeking re-election on 1 May 2008:

Councillor R D’Souza

Councillor P McMillan

Councillor Mrs PK Rush

Councillor M Woollard

(a)         Chairman’s Announcements

(i)           Engagements

The Chairman reported on her attendance at (a) the official opening of Clifford Close, Matching Tye (a rural housing scheme to assist local people to enter home ownership); (b) a function for runners up for the Citizen of the Year Award 2008; (c) visit to the Ninefields Senior Citizens Club where she had presented the Good Neighbour Award 2008 to Eileen Wilson; (d) the launch of the Ongar Tree Strategy and (e) a reception for the Royal Anglian Regiment hosted by the Chairman of Essex County Council.

Members noted that the Chairman of Essex County Council had invited councillors of all authorities in Essex to contribute personally to a memorial fund for the Royal Anglian Regiment.

(ii)    Civic Awards Event

The Chairman thanked members who had supported her at the recent Civic Awards Event.

(iii)  Chairman’s Charity

The Chairman reported that she had presented a cheque to the Friends of St Margaret’s Hospital on 12 March 2008 and that two voice boxes had been acquired for the Speech Therapy Department.

(iv)  Charity Walk

The Chairman encouraged members to join her on a walk through Loughton on 27 April 2008 commencing at 2.00 p.m. from the Loughton Methodist Church.

(v)   Flowers

The Chairman announced that the floral display from tonight’s meeting would be sent to St Margaret’s Hospital.

(b)        Leader’s Report

Councillor Mrs D Collins reported on her attendance at a Harlow Renaissance seminar on Education.  She advised that head teachers of secondary schools in the Epping Forest District had invited her and the Deputy Leader to visit their schools in order to discuss matters of concern.

Councillor Mrs Collins reported on her attendance at a meeting at the Lee Valley Regional Park Authority regarding the Olympic White Water Canoeing venue.  She advised that this was a very interesting project which would provide a good facility close to the District boundary after the Olympic and Paralympic Games.

The Council was advised that Councillor Mrs Collins had attended and spoken at a recent planning inquiry concerning proposed development in Nazeing.

The Leader advised that she had attended the meeting of the Essex Partnership Forum earlier in the day at which proposals for the Local Area Agreement 2 had been progressed.  She agreed to update members on further developments regarding the Agreement.

The Council was advised that the Leader of Essex County Council had promised £100,000 from his Contingency Fund towards The Broadway, Loughton Town Centre Enhancement Scheme.

(c)         Councillors not seeking re-election

The Council noted that the following Councillors were not seeking re-election on 1 May 2008:

Councillors R D’Souza, P McMillan, Mrs P K Rush and M Woollard.

The Chairman thanked those members for their service to the Council.  Members noted that Councillors D’Souza, McMillan and Mrs Rush had each served the Council for a period of four years and that Councillor Woollard had been a member for nine years.

Councillor Mrs D Collins added her thanks for the work undertaken by  ...  view the full minutes text for item 114.

To answer questions asked after notice in accordance with the provisions contained in paragraph 9.3 of the Council Procedure 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 the Chairman of the Overview and Scrutiny Committee; or

(c)          to any Portfolio Holder.

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

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

To receive reports from the Leader, Chairman of the Overview and Scrutiny Committee and members of the Cabinet on matters falling within their area of responsibility.

(a)      Report of the Leader;

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

      (c)      Report of Civil Engineering and Maintenance Portfolio Holder;

      (d)      Report of Community Wellbeing Portfolio Holder;

      (e)      Report of Environmental Protection Portfolio Holder;

(f)       Report of Finance, Performance Management and Corporate Support

        Services Portfolio Holder;

     (g)       Report of Housing Portfolio Holder (attached);

     (h )       Report of Leisure and Young People Portfolio Holder; and

     (i)         Report of Planning and Economic Development Portfolio Holder.

The Council received reports (circulated) from the Chairman of the Overview and Scrutiny Committee, the Community Wellbeing Portfolio Holder, the Environmental Protection Portfolio Holder, the Housing Portfolio Holder, the Leisure and Young People Portfolio Holder and the Planning and Economic Development Portfolio Holder.

Council Procedure Rule 10.6 provides for questions by any member of the Council to the Leader, Chairman of the Overview and Scrutiny Committee or any Portfolio Holder, without notice on:

(i)   reports under item 5 above; 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 Procedure Rule 10.7 provides 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)     direct oral answer from the Chairman of the Overview and Scrutiny Committee or, at their request, from another member dealing with that issue as part of an Overview and Scrutiny review;

(c)     where the desired information is in a publication of the Council or other published work, a reference to that publication;

(d)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(e)     where the question relates to an operational matter, the Leader, Chairman of the Overview and Scrutiny Committee  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 Procedure Rule 10.8, a time limit of twenty 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 to ensure that all political groups and independent members may have their questions answered.

(a)         Schools in the District

By Councillor S Murray to Councillor Mrs D Collins, Leader of the Council. 

Earlier at this meeting you advised us of your proposed visits to schools in the District.  Can you assure us that during those visits you will celebrate their successes and the things they do well in addition to discussing matters of concern.

Response by Councillor Mrs D Collins, Leader of the Council

Yes, I will.  Our aim is to secure the highest possible standards for our schools and we hope that we can help to make a difference.

(b)         West Hatch High School - Admissions

By Councillor Mrs A Haigh to Councillor Mrs D Collins, Leader of the Council

Can I  request that when you meet representatives of West Hatch School you raise the issue again that over 59% of their intake is non-Essex pupils.  This school has a high reputation and a sixth form and if we are looking for highly trained people within our District we must do everything we can to ensure that young people from the District can attend this school.

Response by Councillor Mrs D Collins, Leader of the Council

Yes, I agree with you and will raise this issue.  Chigwell councillors are very concerned about the inability of Chigwell young people to get into the school.  It is unfortunate that over the years the school has tended to take more children from Greater London.  We will press the school to take more young people from this District.  The presence of a sixth form gives even more reason to press for young people in this District to be able to attend the school.

(c)         Stray Dogs – Collection at Weekends

By Councillor Mrs A Haigh to Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

A resident of Loughton found a dog roaming on a Sunday and telephoned the PDSA.  She was advised that organisation offered no service on a Sunday and I understand that the Council currently offers no service for the collection of stray dogs on a Sunday.  Fortunately in that case the resident kept the dog overnight and the dog has now been returned to its owner.  What plans does the Council have for collecting stray dogs on Sundays.

Response by Councillor Mrs M Sartin, Environmental Protection Portfolio Holder

The Government has changed responsibility for accepting stray dogs.  From 6 April 2008 the Police no longer accept stray dogs taken to Police Stations and the responsibility for dealing with strays now rests solely with local authorities.  At present, as a result of a lack of funding from central Government, residents who find a stray dog out of office hours are being asked to keep hold of it until a member of the Animal Welfare Team is able to go out and collect it.  This is a situation which we are monitoring and if members become aware of issues such as the one described by Councillor Mrs Haigh I would appreciate them advising  ...  view the full minutes text for item 117.

(a)   To consider the following motion, notice of which has been given under Council Procedure Rule 11:

(i) Multi-Faith Forum

"That this Council -

(a)  notes the establishment of a Multi-Faith Forum representing a wide range of religious organisations and individuals in the District;

(b)  notes that Councillors Mrs A Haigh and B Sandler have been formally appointed by the Forum as Chairman and Vice Chairman;

(c)  acknowledges that this Forum enhances the scope of the Local Strategic Partnership in its role of bringing together the widest range of community agencies and partners to assist in the provision of services in the District;

(d)  notes that is the wish of the Forum to work with the Local Strategic Partnership to promote community events which are designed to foster cross faith understanding and community cohesion through dialogue, education and community events;  and

(e)  resolves to provide moral support and encouragement to this important initiative and to engage with the Forum as a consultee".

Mover:  Councillor Mrs A Haigh

Seconder:  Councillor B Sandler

      (ii)  Electoral Rolls – Release to Candidates

"That this Council -

(a) notes that the current practice of the Registration Officer/Returning Officer is to supply a copy of the electoral  roll for the ward in question once the nomination papers of candidates have been approved;

(b) agrees that it would assist the democratic process and candidates to complete their nomination papers if the electoral roll were released when nomination papers are issued to prospective candidates; and

(c) asks the Registration Officer/Returning Officer to check  the legal  requirements, and consult the Electoral Commission for advice, and consider releasing those registers at an earlier stage once  candidates have publicly declared themselves as candidates but before the formal submission of nomination papers."

Mover: Councillor T Frankland

Seconder: Councillor R Law

(b) Other motions, if any, not received in time to be incorporated into the agenda will follow.

(a)               Multi-Faith Forum

Moved by Councillor Mrs A Haigh and seconded by Councillor B Sandler

“That this Council -

(a)                           notes the establishment of a Multi-Faith Forum representing a wide range of religious organisations and individuals in the District;

(b)                           notes that Councillors Mrs A Haigh and B Sandler have been formally appointed by the Forum as Chairman and Vice-Chairman;

(c)                           acknowledges that this Forum enhances the scope of the Local Strategic Partnership in its role of bringing together the widest range of community agencies and partners to assist in the provision of services in the District;

(d)                           notes that it is the wish of the Forum to work with the Local Strategic Partnership to promote community events which are designed to foster cross-faith understanding and community cohesion through dialogue, education and community events; and

(e)                           resolves to provide moral support and encouragement to this important initiative and to engage with the Forum as a consultee”.

Carried

Motion as first moved ADOPTED

            RESOLVED:

            That this Council -

(a)               notes the establishment of a Multi-Faith Forum representing a wide range of religious organisations and individuals in the District;

(b)               notes that Councillors Mrs A Haigh and B Sandler have been formally appointed by the Forum as Chairman and Vice-Chairman;

(c)               acknowledges that this Forum enhances the scope of the Local Strategic Partnership in its role of bringing together the widest range of community agencies and partners to assist in the provision of services in the District;

(d)               notes that it is the wish of the Forum to work with the Local Strategic Partnership to promote community events which are designed to foster cross-faith understanding and community cohesion through dialogue, education and community events; and

(e)               resolves to provide moral support and encouragement to this important initiative and to engage with the Forum as a consultee.

(b)                           Electoral Rolls – Release to Candidates

Moved by Councillor T Frankland and seconded by Councillor R Law.

“This Council –

(a)                           notes that the current practice of the Registration Officer/Returning Officer is to supply a copy of the Electoral Roll for the ward in question once the nomination papers of candidates have been approved;

(b)                           agrees that it would assist the democratic process and candidates to complete their nomination papers if the Electoral Roll were released when nomination papers are issued to prospective candidates;  and

(c)                           asks the Registration Officer/Returning Officer to check the legal requirements, and consult the Electoral Commission for advice, and consider releasing those registers at an earlier stage once candidates have publicly declared themselves as candidates but before the formal submission of nomination papers”.

Lost

RESOLVED:

That no further action be taken in relation to this matter.

To answer questions asked after notice in accordance with the provisions contained in paragraph 10.3 of the Council Procedure 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 Chairman of the Council;

(b)               to the Leader of the Council;

(c)               to the Chairman of the Overview and Scrutiny Committee or

(d)               to any Member of the Cabinet;.

Council Procedure rule 10.4 provides 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.

There were no questions asked by members under this item.

To consider the following report of the Cabinet:

(a)               External Funding – Portfolio Holder Responsibility

Councillor Mrs D Collins, Leader of the Council and Chairman of the Cabinet invited the Finance, Performance Management and Corporate Support Services Portfolio Holder to present this report of the Cabinet.

(Mover:  Councillor C Whitbread – Finance, Performance Management and Corporate Services Portfolio Holder)

The Portfolio Holder submitted a report proposing Portfolio Holder responsibility for external funding.

Report as first moved ADOPTED

            RESOLVED:

That external funding form part of the Finance, Performance Management and Corporate Support Services Portfolio.

(a)        Local Government and Public Involvement in Health Act 2007 – Local Authority Executives

(b)        Annual Report – 2007/08 – to follow.

(a)                           Local Government and Public Involvement in Health Act 2007 – Local Authority Executives

(Mover: Councillor K Angold-Stephens, Vice-Chairman of the Overview and Scrutiny Committee).

Councillor Angold-Stephens submitted a report following consideration by the Constitution and Members’ Services Standing Scrutiny Panel and the Overview and Scrutiny Committee of the choice of Executive for the Council.

Report as first moved ADOPTED

            RESOLVED:

(1)               That this Council continues to operate a Leader and Cabinet Executive and rejects the option contained in the 2007 Act for an elected Mayor and Cabinet Executive;

(2)               That the existing Executive Constitution be varied in accordance with statutory requirements and reviewed at a later stage once Government regulations have been published so that a public statement regarding changes to the Executive Constitution can be prepared, a timetable set and transitional arrangements agreed; and

(3)               That the existing provisions of the Executive Constitution regarding the removal of the Leader of the Council by resolution of the Council be continued as part of any variations in the Constitution subject to further consideration of Government regulations once published.

(b)               Annual Report – 2007/08

(Mover: Councillor R Morgan, Chairman of the Overview and Scrutiny Committee).

Councillor Morgan submitted the annual Overview and Scrutiny report.

Councillor Morgan thanked the Vice-Chairman of the Committee, Members of the Committee and Panels, and officers for their support during the past year.  Councillor Mrs Harding thanked Councillor Morgan for the way in which he had chaired meetings of the Committee.

Report as first moved ADOPTED

            RESOLVED:

That the work undertaken by the Overview and Scrutiny Committee, the Scrutiny Standing Panels and the Task and Finish Panels during the past municipal year as detailed in the annual report be noted.

(Chairman of the Committee) To receive the attached Annual Report for 2007/08.

(a)               Annual Report – 2007/08

(Mover:  Councillor J Knapman, Chairman of the Audit and Governance Committee)

Councillor Knapman submitted the first annual report of the Audit and Governance Committee.

Councillor Knapman thanked the other District Councillors on the Committee, the co?opted members and the officers for the support they had given him during the past year.

Councillor Mrs Haigh thanked Councillor Knapman for the way in which he had chaired the meetings of the Committee and asked him to write to the co-opted members expressing thanks for their constructive comments and attention to detail.

Report as first moved ADOPTED

            RESOLVED:

(1)               That the first annual report of the Audit and Governance Committee 2007/08 be noted;  and

(2)        That the Chairman of the Committee write to the co-opted members expressing thanks for their contributions during the last year.

Recommendation:

That the resignation of P House as a District Councillor with effect from 14 March 2008 be noted.

(Assistant to the Chief Executive/Returning Officer) On 14 March 2008, P House gave notice of resignation from the office of District Councillor for the Loughton Forest ward of the District.

His normal term of office would have expired in May 2010. Notice has been received signed by two electors requesting an election to fill the casual vacancy and an election will be held at the same time as the scheduled elections on 1 May 2008. 

Background Papers: Letter of resignation dated 14 March 2008. Notice signed by two electors.

The Council noted that on 14 March 2008, P House had given notice of resignation from the office of District Councillor for the Loughton Forest Ward of the District.  Members noted that his normal term of office would have expired in May 2010.  Notice had been received signed by two electors requesting an election to fill the casual vacancy and an election would be held at the same time as the scheduled elections on 1 May 2008.

The Chairman of the Council and Councillor Angold-Stephens thanked P House for the service he had given to the Council.

            RESOLVED:

That the resignation of P House as a District Councillor with effect from 14 March 2008 be noted.

Recommendations:

(1)     To note that Councillor P McMillan has given notice of resignation from the Conservative Group of the Council and wishes to be referred to as an “Independent Councillor”;

(2)     To note that Councillor McMillan has also resigned as Chairman of Area Plans Sub-Committee West and as a member of the following committees, sub-committee and panels:

(a)   District Development Control Committee;

(b)   Licensing Committee;

(c)   Licensing Sub-Committee;

(d)   Provision of Value for Money within Planning Services Task and Finish Panel; and

(e)   Town Centre and Car Parks Task and Finish Panel.

(Assistant to the Chief Executive) On 22 February 2008, Councillor P McMillan gave notice in accordance with regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990 of resignation from the Conservative Group with effect from that date.

He also advised that he did not intend to join another political group and wishes to be referred to as an “Independent Councillor”.

Councillor McMillan further gave notice of resignation as Chairman of Area Plans Sub-Committee West and as a member of certain committees, a sub-committee and panels.

Background Papers: Letter of resignation dated 22 February 2008.

The Council was advised that on 22 February 2008, Councillor P McMillan had given notice in accordance with Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990 of resignation from the Conservative Group of the Council with effect from that date.  Members noted that Councillor McMillan had also advised that he did not intend to join another political group and wished to be referred to as an “Independent Councillor”.

The Council was further informed that Councillor McMillan had given notice of resignation as Chairman of Area Plans Sub-Committee West and as a member of certain Committees, a Sub-Committee and Panels.

            RESOLVED:

(1)               That Councillor P McMillan’s notice of resignation from the Conservative Group of the Council and his wish to be referred to as an “Independent Councillor” be noted;

(2)               That Councillor McMillan’s resignation as Chairman of Area Plans Sub-Committee West and as a member of the following Committees, Sub?Committees and Panels be noted:

(a)               District Development Control Committee;

(b)               Licensing Committee;

(c)               Licensing Sub-Committee;

(d)               Provision of Value for Money within Planning Services Task and Finish Panel;  and

(e)               Town Centre and Car Parks Task and Finish Panel.

Recommendation:

To note that Councillor Mrs J Hedges has joined the Conservative Group of the Council.

(Assistant to the Chief Executive) On 22 April 2008, Councillor Mrs J Hedges gave notice in accordance with the Local Government (Committees and Political Groups) Regulations 1990 of resignation from the Liberal Democrats Group on the Council and a wish to join the Conservative Group. A further notice has been received dated 22 April 2008 signed by the Leader of the Conservative Group accepting Councillor Mrs Hedges as member of that Group.

Background Papers: Letter from councillor Mrs Hedges dated 22 April 2008. notice signed by the Leader of the Conservative Group dated 22 April 2008.

The Council was advised that on 22 April 2008, Councillor Mrs J Hedges had given notice in accordance with the Local Government (Committees and Political Groups) Regulations 1990 of resignation from the Liberal Democrats Group on the Council and a wish to join the Conservative Group.  A further notice has been received dated 22 April 2008 signed by the Leader of the Conservative Group accepting Councillor Mrs Hedges as a member of that Group.

In accordance with Section 100(4)(b) of the Local Government Act 1972, together with Paragraphs 6 and 25 of the Council's Procedure Rules, the Chairman had permitted on grounds of urgency, the inclusion of this item of business so that members were aware of the steps which had been taken.

            RESOLVED:

That the decision of Councillor Mrs J Hedges to join the Conservative Group of the Council be noted.

To receive any reports, ask questions and receive answers on the business of joint arrangements and external organisations.

There were no reports from members under this item.