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”

Councillor J Knapman 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 approve as a correct record and sign the minutes of the Annual meeting held on 15 May 2008 (attached).

RESOLVED:

That the minutes of the Annual Council meeting held on 15 May 2008 be taken as read and signed by the Chairman as a correct record.

(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)      Member Computer Training – Award of Certificates

Several members have completed IT training and will receive their certificates from the Chairman of the Council.

(a)       Announcements by the Chairman

            (i)         Events

Councillor Knapman reported on his attendance at the following events during the past month:

(a)       Companion Dog Show 2008 organised by both the District Council and Waltham Abbey Town Council at Town Mead Park, Waltham Abbey as part of the promotion of responsible dog ownership;

(b)       Crucial Crew 2008 event at Gilwell Park on 24 June - an interactive safety initiative based around life skills for all year six school pupils in the Epping Forest District schools designed to help children cope with dangerous situations, accept responsibility for their own safety, learn social responsibility and make sensible decisions based on acquired knowledge;

(c)        West Essex Speak Out Challenge Regional Final on 17 June at the Davenant Foundation School as a judge selecting competition winners;

(d)       Voluntary Action Epping Forest Volunteers Celebratory Tea on 13 June where he had handed out certificates and had been impressed with the voluntary work being undertaken in the District;

(e)       Epping Forest Centenary Trust Reception and Supper at the Warren, Epping Forest, Loughton on 25 June in the presence of HRH The Duke of Gloucester KG, Ranger of Epping Forest and Patron of the Forest Education Initiative;

(f)         The Royal Anglian Regiment Beating Retreat and Reception at Hatfield Peverel on 31 May;

(g)       Members and Officers Annual 18-hole Golf Match at Chigwell Golf Club on 17 June which had raised approximately £650 for his charities;  the Chairman thanked Council officers for organising the event.

(ii)        Flowers

The Chairman announced that the floral display from tonight's meeting would be sent to Vitalise Jubilee Lodge, Chigwell.

(iii)       Barry Land - Assistant Director Development

Councillor Knapman reported that Barry Land had recently suffered a heart attack and was currently in Barts Hospital having tests.  On behalf of the Council the Chairman expressed best wishes to Mr Land for a speedy recovery and advised that he would be sending a bouquet of flowers to Mr Land's wife.

(b)       Member Computer Training - Award of Certificates

The Chairman handed certificates to those members who had recently completed IT training.

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;

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

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

Written reports received after the dispatch of the agenda will be included in the Council Bulletin.

The Council received oral reports from the Leader, the Chairman of the Overview and Scrutiny Committee, the Civil Engineering and Maintenance Portfolio Holder, the Community Wellbeing Portfolio Holder, the Environment Portfolio Holder, the Corporate Support and ICT Services Portfolio Holder, the Housing Portfolio Holder, the Leisure and Young People Portfolio Holder and the Planning and Economic Development Portfolio Holder.

(a)  Leader of the Council

The Leader reported on her attendance at meetings with the other Essex Authority Leaders and Chief Executives.

She advised that she was continuing to work with the Deputy Leader in partnership with Harlow District Council, East Herts District Council, Essex and Herts County Councils and Harlow Renaissance in relation to the enlargement of Harlow as required by the East of England Plan.  She reported that developers were already discussing proposals for land to the west and south of Harlow within the Epping Forest District and that it be necessary for the Council to expedite the production of its Core Strategy documents as planning applications could be received within the next 12 months.

The Leader reported on a meeting with the Acting Principal of Epping Forest College who had expressed a desire to work more closely with the District Council.  As a result regular meetings would be held with the College although the Acting Principal would shortly be leaving.

Councillor Mrs Collins advised that she had visited four of the Secondary Schools in the District, St Johns, King Harold, Debden Park and Davenant.  Further visits to Roding Valley High and West Hatch were to take place within the next 10 days.  She advised that the meetings had been constructive with all of the schools expressing a wish to work with the District Council.

The Leader also reported on a meeting of the West Essex Area Forum which had discussed the proposed expansion of Stansted Airport and Local Area Agreements.

Councillor Mrs Collins reported on a meeting with the newly appointed Police District Commander, Jonathan Baldwin who had expressed a desire to work closely with the Council.

Councillor Mrs Collins also referred to her attendance at the Crucial Crew event and the aim to extend that event in the future to cover year 9 children.

(b)  Chairman of Overview and Scrutiny Committee

Councillor Morgan, Chairman of the Overview and Scrutiny Committee, reported on matters discussed by the Committee at its meeting on 5 June 2008.  Catherine O'Connell, the Epping Forest Locality Director of the West Essex Primary Care Trust had given a very interesting presentation on the proposals to develop a GP lead Health Centre for West Essex and Health Services in Ongar.  The meeting had also appointed members to the Standing and Task and Finish Panels for the coming year and had endorsed the Best Value Performance Plan for 2008/09.

(c)  Civil Engineering and Maintenance Portfolio Holder

Councillor Bassett, Civil Engineering and Maintenance Portfolio Holder, advised that since taking over this Portfolio a month ago he had been working to familiarise himself with all aspects of the  ...  view the full minutes text for item 28.

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)        Housing Provision

By Councillor J Markham to Councillor Mrs D Collins, Leader of the Council

Councillor Markham referred to the statement made earlier in the meeting by Councillor Mrs Collins regarding the East of England Plan proposals and questioned whether the housing provision requirements were still feasible given the current lack of house building and drop in the number of mortgage applications.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins advised that developers had already expressed an interest in land to the west and south of Harlow and in view of the encouragement being given to them by the Government it was expected that proposals would come forward within the early part of the 20-year plan.

(b)       Epping Parking Review

By Councillor Mrs J H Whitehouse to Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Mrs Whitehouse requested an update on the Epping Parking Review.

Response by Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Bassett advised that the comments submitted to the County Council were still receiving consideration.

(c)        Buckhurst Hill Parking Review

By Councillor Mrs A Haigh to Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Mrs Haigh advised that the residents of Buckhurst Hill were still awaiting a parking review and asked the Portfolio Holder if he could advise when the process would start.

Response by Councillor R Bassett, Civil Engineering and Maintenance Portfolio Holder

Councillor Bassett advised that he was unable to specify a firm date and undertook to provide a written response setting out the timescales for all of the parking reviews.

(d)       School Provision

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

Councillor Mrs Haigh advised that children in Buckhurst Hill had been unable to obtain a primary school place in Buckhurst Hill and were having to travel to Chigwell.  She suggested that the shortfall in primary school provision was partly due to the County Council failing to recognise that people living in flats, of which there were many in Buckhurst Hill, would have children.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins advised that when receiving proposals for the development of flats there was a need to give early consideration to the possibility of occupants having children so that discussions could take place with the developers regarding the possibility of entering into a suitable Section 106 Agreement.

(e)       Future Development to the East of Harlow

By Councillor D Jacobs to Councillor Mrs D Collins, Leader of the Council

Councillor Jacobs referred to the possible expansion of Harlow in the vicinity of Matching and Sheering and asked how many units were proposed in the East of England Plan for that area, whether such development would be west of the M11 motorway and whether any development would take account of the possible need for another junction on the motorway.

Response by Councillor Mrs D Collins, Leader of the Council

Councillor Mrs Collins  ...  view the full minutes text for item 29.

To consider any motions, notice of which has been given under Council Procedure Rule 11.

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

(a)        Nazeing

Moved by Councillor Mrs A Cooper and seconded by Councillor P Gode

"That this Council:

"In the interests of road safety and economic development urgently request Essex County Council to re-consider and note:

(a)        the contents of the attached report by the mover of the motion;

(b)        the suitability of County routes and minor roads in Dobbs Weir;

(c)        the findings of the Focus Day 10 March 2007 and report dated 22 May 2007;

(d)        the findings of the Road Traffic Survey conducted 7 March 2007 and reports dated January and May 2008;

(e)        the impact of the expansion of a large commercial area on the Essex border upon a road system that is not fit for purpose due to its age, design and functionality;

(f)         that Section 106 funding for road infrastructure seems to have been applied exclusively to roads on the Hertfordshire side of boundary;

(g)        the impact of granting of vehicle operator licences for lorry parks within the residential and weight restricted areas of Nazeing;

with a view to restricting, redirecting HGV's and taking physical action to reduce the risks to local residents and businesses".

Carried

Motion as first moved ADOPTED.

            RESOLVED:

             That this Council:

             In the interests of road safety and economic development urgently request      Essex County Council to re-consider and note:

            (a)        the contents of the report submitted by the Mover of the motion;

            (b)        the suitability of County routes and minor roads in Dobbs Weir;

            (c)        the findings of the Focus Day 10 March 2007 and report dated        22 May 2007;

(d)        the findings of the Road Traffic Survey conducted 7 March 2007 and reports dated January and May 2008;

(e)        the impact of the expansion of a large commercial area on the Essex border upon a road system that is not fit for purpose due to its age, design and functionality;

(f)         that Section 106 funding for road infrastructure seems to have been applied exclusively to roads on the Hertfordshire side of boundary;

(g)        the impact of granting of vehicle operator licences for lorry parks within the residential and weight restricted areas of Nazeing;

with a view to restricting, redirecting HGV's and taking physical action to reduce the risks to local residents and businesses.

(b)       Highway Repairs

Moved by Councillor Mrs P Richardson and seconded by Councillor D Bateman.

"That the Portfolio Holder for Civil Engineering and Maintenance -

(a)        obtain from Essex County Council the following information:

(i)         the status, financial allocation and costs of road repairs (potholes) in the District;

(ii)        the cost of "spot" road repairs per visit;

(iii)       the cost of temporary road repairs per visit bearing in mind their short lifespan;  and

            (b)        seek assurances from the County Council that it will ensure that its contractors carry out road repairs to a higher standard and in a shorter timescale thereby achieving better value for money and a level of service which reflects what residents want".

The Chairman of the Council advised Councillor  ...  view the full minutes text for item 30.

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 attached report.

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

(Mover:  Councillor C Whitbread - Finance and Performance Management Portfolio Holder)

The Portfolio Holder presented a report on the draft Best Value Performance Plan for 2008/09.

Report as first moved ADOPTED.

            RESOLVED:

            That the draft Best Value Performance Plan for 2008/09 be adopted.

To consider the attached report.

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

(Mover: Councillor C Whitbread - Finance and Performance Management Portfolio Holder)

The Portfolio Holder presented a report requesting a supplementary estimate to meet the projected additional costs of engaging a consultant for a further period.

Report as first moved ADOPTED

            RESOLVED:

That a revenue District Development Fund supplementary estimate in the sum of £19,200 be approved for 2008/09 to meet the projected additional costs of engaging a Consultant for a further three month period in order to:

(a)        allow him to continue work on the Gypsy and Traveller Development Plan Document;  and

(b)        prepare the Council's case for this year's Examination in Public and, if needed, to appear at the Examination to represent the Council.

To consider the attached report.

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

(Mover: Councillor C Whitbread - Finance and Performance Management Portfolio Holder)

The Portfolio Holder presented a report seeking a supplementary estimate to cover the costs awarded against the Council following a planning appeal.  The meeting noted that the appellant had submitted a Bill of Costs through the High Court for £56,748.89.  The Portfolio Holder advised that officers had challenged the claim, initially simply by exchange of correspondence, though it was anticipated that the Bill of Costs would need to be formally challenged with the expertise of a Costs Draughtsman.  He advised that the Council's initial position had been to offer less than 50% of the costs claimed.  Members noted that there was no budget provision available for paying costs of this sum.  Although small amounts were generally subsumed within the overall budget, an award in excess of £20,000 needed to be the subject of a supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

That a revenue DDF supplementary estimate in a sum to be confirmed be approved for 2008/09 to cover the costs awarded against the Council following a planning appeal in relation to development at Wansfell College, Theydon Bois.

A report of the Director of Finance and ICT and the Statutory Statement are attached.

Recommendations of the Audit and Governance Committee from its meeting on 23 June 2008 will be reported at the meeting.

(Mover: Councillor C Whitbread - Finance and Performance Management Portfolio Holder)

The Portfolio Holder presented a report and the draft Statutory Statement of Accounts for the financial year ending 31 March 2008.  He drew attention to the supplementary agenda regarding the discussions which had taken place at the Audit and Governance Committee on 23 June 2008 and included a number of amended pages.

Report as amended by the supplementary agenda ADOPTED

            RESOLVED:

That the Statutory Statement of Accounts for the financial year ending 31 March 2008 including amended Pages vii, 10, 20, 21, 23, 24, 30, 31 and 32 be approved.

Recommendation:

That the appointment of Councillor Mrs J H Whitehouse as a member of the Overview and Scrutiny Committee on the nomination of the Liberal Democrats Group be agreed.

(Assistant to the Chief Executive) The Liberal Democrats Group has given notice that it wishes to nominate Councillor Mrs J H Whitehouse as a member of the Overview and Scrutiny Committee in place of Councillor Mrs A Haigh who was appointed at the Annual Meeting.

The Council noted that the Liberal Democrats Group had given notice that it wished to nominate Councillors Mrs J H Whitehouse as a member of the Overview and Scrutiny Committee in place of Councillor Mrs A Haigh who had been appointed at the Annual meeting.

            RESOLVED:

That the appointment of Councillor Mrs J H Whitehouse as a member of the Overview and Scrutiny Committee for the remainder of the current municipal yearon the nomination of the Liberal Democrats Group be agreed.

Recommendations:

To agree appointments which were not made at the Annual Council Meeting:

(a)   Joint Consultative Committee – vacant seat – nominations to be made;

(b)  Complaints Panel – vice-chairman - nominations to be made;

(c) Group Representatives on Area Plans Sub-Committee South -

Conservative Group – tba;

Liberal Democrats Group – Councillor P Spencer;

(d) Group Representatives on Area Plans Sub-Committee East –

Conservative Group – tba;

Liberal Democrats Group – Councillor R Frankel;

(e) Group Representative on Area Plans Sub-Committee West –

Conservative Group – tba;

(f) Group Representatives on District Development Control Committee –

Conservative Group – tba;

Liberal Democrats Group – Councillor Mrs A Haigh;

(g) Staff Appeals Panel substitute members –

Conservative Group – one Conservative Group nomination tba.

(Assistant to the Chief Executive) The Leader of the Liberal Democrats Group has nominated as above and the Council is asked to agree the appointments. The Leader of the Conservative Group will report orally on nominations.

The Council considered nominations for appointments which had not been made at the Annual Council meeting.

By leave of the Council, Councillor Mrs D Collins, Leader of the Council requested that one of the representatives appointed at the Annual meeting to the Waltham Abbey Tourist Information Centre Joint Management Committee be changed.

            RESOLVED:

(1)        That the following appointments be made for the remainder of the current municipal year:

(a)        Joint Consultative Committee - a vacant seat - Councillor B Rolfe;

(b)        Complaints Panel - Vice-Chairman - Councillor J Philip;

(c)        Group Representatives on Area Plans Sub-Committee South - Conservative Group - Councillor Mrs L Wagland

Liberal Democrats Group - Councillor P Spencer;

(d)        Group Representatives on Area Plans Sub-Committee East - Conservative Group - Councillor B Rolfe

Liberal Democrats Group - Councillor R Frankel;

(e)        Group Representative on Area Plans Sub-Committee West -

Conservative Group - Councillor Mrs P Smith;

(f)         Group Representatives on District Development Control Committee -

Conservative Group - Councillor J Hart

Liberal Democrats Group - Councillor Mrs A Haigh;

(g)        Staff Appeals Panel - substitute member -

Conservative Group - Councillor Mrs P Smith;  and

(2)        That Councillor Mrs J Lea be appointed as a representative on the Waltham Abbey Tourist Information Centre Joint Management Committee for the remainder of the current municipal year in place of Councillor Ms S-A Stavrou.

Recommendation:

That the meeting originally scheduled to take place on 30 September 2008 be held on 25 September 2008

(Assistant to the Chief Executive) At the last meeting of the Council, members requested that the date of the Council meeting in September 2008 be changed as 30 September 2008 is the Jewish New Year.

A Council meeting in September will only be held if the auditors require the accounts to be changed and re-approved. This was not necessary last year but it was the year before that. If the accounts do need to be changed it is necessary to re-approve them by not later than 30 September.

If a Council meeting is required in September 2008 it is suggested that it be held on 25 September which will allow the officers maximum time to change the accounts and meet the timescale.

The Chairman reported that at the last meeting of the Council, members had requested that the date of the Council meeting in September 2008 be changed as 30 September 2008 was the Jewish New Year.  Members noted that a Council meeting in September would only be held if the auditors required the accounts to be changed and re-approved.  This had not been necessary last year but it had been the year before that.  If the accounts needed to be changed it would be necessary to re?approve them by not later than 30 September.

            RESOLVED:

That the meeting originally scheduled to take place on 30 September 2008 be held, if necessary, on 25 September 2008.

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

There were no reports for consideration under this heading.