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.

Councillor Knapman welcomed the large public attendance at the meeting.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillor Roy Brownjohn who died on 7 October 2008.

Roy Brownjohn represented the Waltham Abbey East Ward for four years between 1998 and 2002.

He was also a member of Waltham Abbey Town Council until 2006 and was mayor in 2002/03.

It was with much sadness that the Chairman informed the Council of the death of former District Councillor Roy Brownjohn.  All present stood for a minute’s silence in tribute to the memory of former Councillor Brownjohn.

Following the Chairman’s announcement, Councillor Mrs E Webster paid tribute to former Councillor Brownjohn.  Members were advised that Roy Brownjohn had represented the Waltham Abbey East Ward for 4 years between 1998 and 2002.  He had also been a member of the Waltham Abbey Town Council from 1999 until 2007 and had been mayor of the Town Council in 2002/3.  Councillor Mrs Webster referred to the dignified way in which former Councillor Brownjohn had performed his duties.  She also referred to his work in promoting football in Waltham Abbey.  The meeting noted that Roy Brownjohn had been awarded honorary freedom of Waltham Abbey earlier in the year.

To approve as a correct record and sign the minutes of the meeting held on 25 September 2008 (attached).

            RESOLVED

            That the minutes of the Council meeting held on 25 September 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.

(a)               Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan declared personal interests in agenda items 6(c) (Public Questions to a Portfolio Holder) by virtue of being a member of the North Weald Bassett Parish Council and 10(a) (Motion – Diabetes UK Campaign) by virtue of his daughter attending a local secondary school. The councillor had determined that his interests were not prejudicial and that he would remain in the meeting for the consideration of and voting on those items.

(b)               (b) Pursuant to the Council’s Code of Member Conduct, Councillor Mrs A Grigg declared a personal interest in agenda item 6(c) (Public Questions to a Portfolio Holder) by virtue of being a member of the North Weald Bassett Parish Council. The councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of and voting on those items.

(c)               (c)  Pursuant to the Council’s Code of Member Conduct, Councillor M Cohen declared a personal interest in agenda item 10(a) (Motion – Diabetes UK Campaign) by virtue of being a member of Diabetes UK. The councillor had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration of and voting on those items.

(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.

(a)       Announcements by the Chairman

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

(i)         Costermongers’ Harvest Festival Parade and Service;

(ii)        World Mental Health Day Event in Loughton;

(iii)       King Harold Day at Waltham Abbey;

(iv)       A Guide Dog Walk through an Obstacle Course at Woodford Bridge;

(v)        Official Opening of Parsonage Court Allotment;

(vi)       Tottenham Hotspur Hope Project at Jubilee Court, Waltham Abbey.

Councillor Knapman thanked the Vice-Chairman of the Council and Councillors Mrs A Haigh and B Sandler for attending other events on his behalf.

Councillor Knapman also congratulated Councillors Mrs A Haigh and D Stallan for winning the annual petanque match against Epping Town Council.

The Chairman announced that the floral display from the meeting would be sent to Voluntary Action Epping Forest.

(b)       Announcements by the Leader of the Council and other Cabinet Members

There were no announcements made under this heading.

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.

(a)        Gypsy and Traveller Development Plan Document – Public Consultation

(i)         By Sue De Luca, Clerk to the North Weald Bassett Parish Council to Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

“The report to Cabinet dated 6 October and the draft consultation clearly states that the District Council will “consult widely with residents and that they anticipate a great deal of public interest also that they want to make sure that everyone can have their say through a properly structured debate”.  It also states that Town and Parish Councils will be encouraged to help provide feedback.

This can only be fulfilled if all residents are provided with copies of the consultation document and questionnaire.  Obviously Parish and Town Councils have not precepted for the funds to provide these documents.

Therefore, I on behalf of the members of North Weald Bassett Parish Council am asking that the District Council provide all those Parish and Town Councils (if they so request) who have potential sites for gypsies and travellers identified as being within their parish, with sufficient numbers of copies of the consultation document and questionnaire enabling them to be delivered to all homes in their parishes.”

Response by Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

“ Public consultation on a such a development plan document is governed by Government regulations and PPS12 of national planning policy.

The regulations leaves it to the discretion of planning authorities as to how extensive a consultation should be but stipulate that a number of statutory bodies must be included. However PPS12 requires consultation to be widespread, early in the process, involve the community in the process of refining and improving the site options, transparent and mindful of legal equality requirements.

Any consultation of this kind also needs to be fair. This means that the District Council must ensure that there is an equal opportunity to respond throughout the District.  Providing copies of the document to every household in North Weald Parish would distort the pattern of responses and would probably then require the same to be done throughout the District.  The cost of printing for approximately 56,000 households across the whole District is approximately £50,000.

I do not feel that this order of expenditure can be justified to Council Tax payers.

I think that the Council has set out to involve the community in the consultation in every way possible.  Any member of the public may ask for a paper copy of the document. Our aim is to record the names and addresses of those who ask for these so that the Council can keep them up to date on changes as the consultation proceeds. The document will also be available via the website.  

Public meetings are being planned which will be coupled with exhibitions and “drop in” sessions in each of the five areas involved. All households will be notified of the document in The Forester and those residents who live within 300 metres  ...  view the full minutes text for item 73.

Report attached.

(Mover:  Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder)

Councillor Mrs Grigg sought the leave of the Council under Council Procedure Rule 13.7 to amend the Cabinet recommendation in order to better reflect the position of the Council and to correct errors and clarify matters.  The Council’s consent to the amendments (tabled) was signified without discussion.

The Portfolio Holder reported that by virtue of a direction by the Secretary of State, the Council was required to submit a Development Plan Document on gypsy and traveller provision by 30 September 2009.  All local authorities would be required to carry out this exercise and this Council had intended to include the accommodation needs of gypsies and travellers in its wider consultation arising from the general targets for housing and employment provisions set out in the East of England Plan.  However, the Government had issued a directive requiring the Council to deal separately with gypsy and traveller issues by publishing a stand alone plan by the end of September 2009.

Councillor Mrs Grigg advised that the proposed consultation document identified 27 potential sites across the district.  The precise number of additional pitches would be set through an amendment to the East of England Plan and the draft plan established a requirement of 49 extra pitches from 2006 to 2011.  The draft plan had recently been heard at an Examination in Public and the Council had appeared at that forum suggesting that the methodology of calculating the number of pitches was flawed and that the number of pitches to be provided in this district should be 35 and not 49.  The outcome of the Examination in Public was awaited.

Councillor Mrs Grigg explained the criteria which had to be met for sites and advised that  potential sites would be disregarded if found to be unsuitable.

The Portfolio Holder advised that the period of consultation would run from 4 November 2008 until 20 January 2009 and that for views to be taken into account they had to be expressed within that period.  She advised that the consultation document would be available online and that paper copies could be requested.  Councillor Mrs Grigg urged members and residents to complete and return the questionnaire accompanying the document to ensure that the Council received a good response to present to the Government.

In response to matters raised by other members, Councillor Mrs Grigg advised that account would be taken of the status of Epping Forest land in the vicinity of potential sites in Thornwood and that the Government would be asked if it had any up to date data about incidents of crime in the vicinity of gypsy and traveller sites.  Councillor Mrs Grigg confirmed that all adults in a household would be entitled to submit completed questionnaires and that it would be in order for residents to join together and to submit views via an agent provided that all of their names and addresses were included in the submission.  Councillor Mrs Grigg gave details  ...  view the full minutes text for item 74.

The Chairman thanked the public for their exemplary behaviour during the debate on the previous item.  He said that it was clear to him that many residents were very angry and upset about the consultation and he advised that many of the concerns which had been expressed were shared by members of the Council.  However, with a Government direction, the Council had little choice but to proceed with the process.

The Chairman adjourned the meeting at 8.35 pm to enable members of the public to leave if they wished.

The meeting resumed at 8.45 pm.

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 Corporate Support and ICT Services  Portfolio Holder - attached;

(f)          Report of Environment Portfolio Holder;

(g)        Report of Finance and Performance Management Portfolio Holder;

(h)        Report of Housing Portfolio Holder;

(i)          Report of Leisure and Young People Portfolio Holder - attached;

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

The Council received written reports from the Civil Engineering and Maintenance Portfolio Holder (tabled), 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.

The Chairman invited the Leader, Chairman of the Overview and Scrutiny Committee and Members of the Cabinet to provide an oral report or an oral update of their written reports.

(a)        Leader of the Council

Councillor Mrs Collins reported that she had recently met with District Commander Jonathan Baldwin.  She reported that there had been a decline in crime figures and that the Council had established a good partnership with the Police.  Councillor Mrs Collins thanked Jonathan Baldwin and his officers for their support at this Council meeting.

The Leader reported on a meeting between members of the Cabinet, local Members of Parliament and several local County Councillors.

Councillor Mrs Collins also reported on her visit with other members to North London Waste at Edmonton.

(b)       Chairman of the Overview and Scrutiny Committee

Councillor R Morgan encouraged members to attend the next meeting of the Committee on 6 November 2008.

(c)        Community Wellbeing Portfolio Holder

Councillor Ms Stavrou reported that the reduction in crime figures for the district had been above the average in the County.

The Portfolio Holder reported on a meeting held with Loughton Town Council and the Harlow Youth Offending Team as part of the restorative justice programme regarding litter picking, foliage cleaning and graffiti cleaning.

Members noted that the “Not in my Neighbourhood” week had been a success.  Initiatives had included Police Community Support Officers calling door to door in certain areas to advise residents about crime reduction.  1,000 leaflets had been delivered to households about “beating the burglar”.  The townlink radio system had been launched to Epping High Street traders.  In addition graffiti cleaning had been prioritised and an additional 150 locations had been cleaned.  The Police had targeted prolific offenders in the district and had made a number of arrests.  The Portfolio Holder reported that new working practices with Harlow Youth Offending Team had been introduced regarding the monitoring of young people having received final warnings.  The week had also seen the introduction of the Essex Watch Co-ordinator who would be overseeing and managing all Watch Schemes in the district.

Councillor Ms Stavrou reported that part of the role of Emergency Planning Officers in Essex was to continue to educate the public on how to be more resilient in times of crisis.  This coming Friday a youth awareness campaign “What If” would be launched.  This had been developed by Essex County Council and was aimed at providing a greater understanding for young people between the ages of 5 and 16 on how to react in emergency situations.

Members were informed that in preparation for the winter months the Council’s Emergency Planning Officers had been reviewing the Council’s response to possible flooding in the district.  The Council had invested in new cleaner/lighter flood bags  ...  view the full minutes text for item 76.

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 8 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)        Call for Sites – Call-in

By Councillor S Murray to Councillor D Stallan, Housing Portfolio Holder

Councillor Murray asked if the Portfolio Holder was aware there was still considerable anger being expressed by residents in Loughton about the identification of the five sites on the Debden Estate, Loughton as being suitable for residential development in the future and that they would continue to oppose any future proposed development on those sites.

Response by Councillor D Stallan, Housing Portfolio Holder

Councillor Stallan advised that he was not aware of the current feelings of residents but he understood why they would still be concerned and would want to continue to oppose any future development.  He advised that he expected the Planning and Economic Development Portfolio Holder to take these views into account in due course.

(b)       Call for Sites – Local Development Framework

By Councillor S Murray to Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

Councillor Murray asked the Portfolio Holder if she had yet given any thought to the criteria for assessing sites and whether she had yet taken a view on whether she would approve the proposed criteria as Portfolio Holder or recommend criteria for approval by the Cabinet.

Response by Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

Councillor Mrs Grigg advised that the proposed criteria would be discussed by the Local Development Framework Portfolio Holder Advisory Group.  She stated that she had not yet made a final decision on the approval of the criteria but was tending towards making a recommendation to the Cabinet.

By leave of the Council, the Chairman advised that Mr D Jackman, editor of the Epping Forest Guardian was about to leave the meeting and that this would be the last Council meeting that he would be attending in that capacity.  Councillor Knapman thanked David Jackman for his work in producing the local newspaper, for the publicity he had given to the Chairman’s charities and for the campaigns which he had run throughout the years.

The Council showed their appreciation for the work of Mr Jackman .

(c)        Recycling Sacks

By Councillor P Spencer to Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Spencer referred to the recent Green Festival in Buckhurst Hill at which it had been established that there appeared to be a shortage of recycling sacks.  He asked the Portfolio Holder if there was currently a problem with the ordering or delivery of the sacks.  He also asked the Portfolio Holder if she was aware of the tendency for the green waste sacks to split.

Response by Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Mrs Sartin advised that she was aware of problems with the strength of some of the sacks.  She stated that she would liaise with officers about the apparent lack of sacks and would reply to the questioner on this aspect in writing with a copy of the reply being placed in the Council Bulletin.

(d)       Plain English

By Councillor R Frankel to Councillor M Cohen, Corporate Support and ICT Services Portfolio Holder

Councillor Frankel asked the Portfolio Holder if he proposed to follow the lead being set by the London Borough of Harrow to promote the use of plain English and to reduce jargon in Council publications.

Response by Councillor M Cohen, Corporate Support and ICT Services Portfolio Holder

Councillor Cohen advised that he had discussed this matter with officers and that the issue was receiving careful consideration.

(e)       Town and Village Plans

By Councillor Mrs C Pond to Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

Councillor Mrs Pond asked if any steps were being taken to assist local councils in preparing town and village plans.

Response by Councillor Mrs A Grigg, Planning and Economic Development Portfolio Holder

Councillor Mrs Grigg stated that she was aware that the Ongar Town Council had produced such a plan and she was also aware of the expected lead to be taken by the District Council in this matter.  She advised that she would liaise with officers and would reply in writing with a copy of the response being included in the Council Bulletin.

(f)        Parking Dispensation Notices

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

Councillor Mrs Sutcliffe drew attention to the need for residents seeking parking dispensation notices to apply to the Parking Office in Epping and asked if it would be possible for these to be obtained at Town and Parish Council Offices.

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

Councillor Bassett advised that this issue had been raised previously and he agreed to publish information in the Council Bulletin.

(g)       Street Cleansing

By Councillor D Jacobs to Councillor Mrs M Sartin, Environment Portfolio Holder

Councillor Jacobs referred to the question which he had asked at the previous Council meeting and advised that the considerable increase in the number of street cleansing complaints was continuing.  He stated that at this time last year approximately 50 complaints were being received each month  ...  view the full minutes text for item 79.

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

(a)  Diabetes UK Campaign

“That this Council:

supports Diabetes UK in its campaign to highlight the need for high quality support for children with diabetes at school; and

calls on our local Members of Parliament to support Diabetes UK in its campaign when they lobby Parliament on 18 November 2008”.

Mover: Councillor D Stallan

Seconder: Councillor B Rolfe

(b)         Local Businesses

“In order to assist local small businesses during the current difficult economic times, this Council:

(i)                  resolves that any business in the Epping Forest District which provides goods or services to the Council be paid within 20 days of receipt of the invoice instead of the usual 30 day period in order to help the businesses’ cash flows; and

(ii)                instructs officers to review and  recommend proposals for amending Contract Standing Orders with a view to preference being given when ordering goods and services to using wherever possible businesses within the Epping Forest District  and making contracts of sizes that are accessible to small businesses, whilst continuing to demonstrate value for money.”

Mover: Councillor Mrs D Collins

Seconder: Councillor C Whitbread

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

(a)        Diabetes UK Campaign

Moved by Councillor D Stallan and seconded by Councillor B Rolfe

By leave of the Council, Councillor Stallan amended the motion to include reference to the Secretary of State for Children, Schools and Families, the Rt Hon Ed Balls MP as well as local Members of Parliament.

“That this Council:

supports Diabetes UK in its campaign to highlight the need for high quality support for children with diabetes at school;

and calls upon our local Members of Parliament and the Secretary of State for Children, Schools and Families, the Rt Hon Ed Balls MP to support Diabetes UK in its campaign when they lobby Parliament on 18 November 2008”.

Carried

Motion as amended ADOPTED

            RESOLVED:

            That this Council:

            supports Diabetes UK in its campaign to highlight the need for high quality support for children with diabetes at school;

and calls upon our local Members of Parliament and the Secretary of State for Children, Schools and Families, the Rt Hon Ed Balls MP to support Diabetes UK in its campaign when they support Parliament on 18 November 2008.

(b)       Local Businesses

Moved by Councillor Mrs D Collins and seconded by Councillor C Whitbread

In introducing this motion Councillor Mrs Collins advised that the Council’s Director of Finance and ICT had informed her that it would be possible to comply with the suggestion for payment of appropriate invoices within 20 days of receipt.

“In order to assist local small businesses during the current difficult economic times, this Council:

(i)         resolves that any business in the Epping Forest District which provides goods or services to the Council be paid within 20 days of receipt of the invoice instead of the usual 30 day period in order to help the businesses’ cashflows; and

(ii)        instructs officers to review and recommend proposals for amending Contract Standing Orders with a view to preference being given when ordering goods and services to using wherever possible businesses within the Epping Forest District and making contracts of sizes that are accessible to small businesses, whilst continuing to demonstrate value for money”.

First Amendment moved by Councillor J M Whitehouse and seconded by Councillor R Frankel

“ (1)      That a new paragraph (2) be inserted as follows:

“(2)      Encourages large businesses, particular those who supply services to the Council, to pay invoices from their suppliers and subcontractors promptly; and instructs officers to consider and make recommendations about what steps the Council can take when procuring goods and services from main contractors to ensure that subcontractors are paid without delay”; and

(2)        That the former paragraph (2) be renumbered (3)”.

Carried

Second Amendment moved by Councillor K Angold-Stephens and seconded by Councillor R Barrett

“That this policy remains in place until the Council decides that there is no longer a recession”.

Following a discussion Councillors Angold-Stephens and Barrett agreed to withdraw this amendment.

Motion as amended ADOPTED

            RESOLVED:

            That in order to assist local businesses during the current difficult economic times, this Council:  ...  view the full minutes text for item 80.

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.

Report attached.

Mover Councillor C Whitbread – Finance and Performance Management Portfolio Holder

The Portfolio Holder submitted a request for a supplementary estimate.

Report as first moved ADOPTED

            RESOLVED:

            (1)       That a supplementary DDF estimate in the sum of £50,000 be approved to cover the costs awarded against the Council following planning appeals in relation to proposed development at 1 Connaught Avenue, Loughton; and

            (2)       That the agreement of the Chairman of the Council that the decision regarding the temporary virement of £50,000 from the Local Development Framework budget was urgent and should not be subject to call-in be noted.

Report attached.

Mover Councillor C Whitbread, Finance and Performance Management Portfolio Holder

The Portfolio Holder submitted a report on the Council’s current investments.  In relation to the £2.5 million invested with Heritable Bank he advised that there had been no further information from the Local Government Association in relation to their lobbying of both Central Government in this country and the administration in Iceland to try to safeguard investments that were at stake.

Councillor Whitbread advised that together with officers he would be maintaining a close watch over the Council’s remaining investments.

Report as first moved ADOPTED

            RESOLVED:

            That the Council’s current investments be noted.

To  note that Mr R.F.Thompson of Epping  has been appointed to the vacant seat on the District and Member Remuneration Panels.

The Council noted that Mr R F Thompson of Epping had been appointed to the vacant seat on the District and Parish/Town Member Remuneration Panels.

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.