Agenda and minutes

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

2.         The Chief Executive will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

Mr I Willett, Assistant to the Chief Executive, reminded all present that the meeting would be broadcast live on 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 meeting held on 29 September 2009 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 29 September 2009 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 a personal interest in agenda items 9(b) (National Non-Domestic Rating Scheme – Amendments from 1 April 2010) and 9(d) (Queens Road Business Rates and Support for Town Centres).  The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for consideration and voting on those matters.

(b)        Pursuant to the Council’s Code of Member Conduct Councillor C Whitbread declared a personal interest in agenda items 7(b) (Report of the Portfolio Holder – National Non-Domestic Rating Scheme), 9(b) (National Non-Domestic Rating Scheme – Amendments from 1 April 2010 and 9(d) (Queens Road Business Rates and Support for Town Centres) by virtue of being a local businessman.  The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for consideration and voting on those matters.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor Mrs P Smith declared a personal interest in agenda item 12 (Joint Arrangements and External Organisations – Grange Farm Managing Trustees) by virtue of being one of the Council’s appointed Trustees.  The Councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of that matter.

Recommendation:

To welcome newly elected Councillor Alan Lion

(Assistant to the Chief Executive/Returning Officer) Councillor Alan Lion was elected on 8 October 2009 to the casual vacancy for Councillor in the District Ward of Grange Hill and he has signed his Declaration of Acceptance of Office under the Local Government Act 1972.

The Council noted that Councillor Alan Lion had been elected on 8 October 2009 to the casual vacancy for Councillor in the District Ward of Grange Hill.  The Chairman reported that Councillor Lion had signed his Declaration of Acceptance of Office under the Local Government Act 1972.

The Chairman of the Council and the Leader of the Council welcomed Councillor Lion to his first Council meeting.

(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)      Small Business Engagement Accord

Iain Wicks, Chairman of the Essex Federation of Small Businesses will attend the meeting to sign with the Chairman of the Council and Councillor C Whitbread, the Council’s Business Champion a Small Business Engagement Accord.

Increasingly decisions made by local authorities have a major impact on businesses and the economy. 

The Small Business Engagement Accord developed by the Federation of Small Businesses (FSB) aims to set down an agreed protocol for businesses and the public sector to work together. 

Every council has been invited to sign the Charter to demonstrate their commitment.

The Accord's 14 principles are:

(i)                 councils should nominate representatives to be "business engagement champions" whose role will be to ensure that the views of the local business community are considered at every stage of any consultation exercise; 

     (ii)       council "business engagement champions" should be tasked with  creating effective links with all sections of the business community;

     (iii)      councils should identify business owners that can be "engagement champions" within their local business community;

(iv)              councils should look to "front load" consultations in order to ensure that engagement with the business community happens at the earliest stages of any consultation exercise;

(v)       local authorities must use recognised business organisations when consulting with small businesses;

     (vi)      councils must not regard consultation with just one business or business organisation as an adequate consultation;

(vii)            local, regional and central government should make consultation documents easier to understand and easier to respond to;

(viii)    consultation documents should use the correct language for the relevant audience;

      (ix)     councils should employ a range of communication tools to promote better business engagement in consultations including for example utilising consultation documents, newsletters, information on web sites, text messages, local media, or staff directly working with businesses;

      (x)      to increase attendance at consultation events councils should give  greater notice periods in advance of any meetings;

      (xi)     consultation with the business community should not be limited to formal consultation exercises but should be an ongoing dialogue. Councils should therefore look to hold at least one open meeting per quarter with local businesses and business organisations to encourage an open two-way exchange of information;

(xii)            councils should not underestimate the ability of the business community to deal with strategic issues and therefore there should be genuine consultation on an annual basis with small businesses to examine council spending plans for the following financial year;

(xiii)    effective consultation should demonstrate to business owners the outcomes and the rationale behind the final decisions;

(xiv)    councils should work with their Local Strategic Partnerships (LSPs) to ensure that they communicate and consult with their local small businesses and business representative organisations and take on board good practice examples from well run, existing LSPs.

(a)        Announcements by the Chairman of the Council

The Chairman, Councillor Mrs P Smith, reported on her attendance at recent activities which included:

(a)        the “World’s Biggest Riding Lesson” at the Chigwell Riding Trust at which her Royal Highness the Princess Royal had been present;

(b)        the Council’s Civic Lunch held at Copped Hall Mansion;

(c)        The “Make Do and Mend” Exhibition held at the Epping Forest District Musuem;

(d)        a celebration event to commemorate the completion of the development of affordable homes at 3 Raphael Drive – Loughton;       

(e)        the Homestart AGM;

(f)         the Citizens’ Advice Bureaux AGM;

(g)        the New Horizons Bowls Gala Day held at Epping Sports Centre;

(h)        the official opening of a play area at Elizabeth Close, Nazeing at which the Leisure and Wellbeing Portfolio Holder had also been present.

The Chairman drew attention to the following forthcoming events:

(a)        the Civic Carol Service at All Saints Church Epping Upland on 11 December 2009; and

(b)        a Quiz in aid of her charity to be held at Theydon Bois Village Hall on 19 February 2010.

The Chairman announced that together with other members she would be laying wreathes on behalf of the Council at numerous sites throughout the District on Remembrance Sunday.  She reminded the other members laying wreathes to collect them from the Members’ Room if they have not already done so.

The Chairman advised that she would be sending the flowers from tonight’s Council meeting to former District Council Chairman Joan Davis who was recovering from a recent operation.

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

Councillor D Stallan, Housing Portfolio Holder reported that following the fire at Lakanal House in Camberwell a letter had been sent to all of this Council’s tenants accommodated in flat blocks requiring removal of items from communal areas in order to ensure that fire escapes were not obstructed.  He reported that in response a petition had been received signed by residents in Torrington Drive, Loughton objecting to the requirement to remove items such as curtains, pot plants and carpeting.  Councillor Stallan advised that the petition would be dealt with under the Council’s Petitions Procedure that he had already decided following liaison with the Chairman of the Housing Scrutiny Panel that the petition would be referred to that Panel for consideration.  He would then take into account the views of the Scrutiny Panel before taking a further decision in relation to this matter.

(c)        Small Business Engagement Accord

The Chairman welcomed  Iain Wicks Chairman of the Essex Federation of Small Businesses to the meeting and advised that he would sign together with her and Councillor C Whitbread, the Council’s Business Champion, a Small Business Engagement Accord.  The Chairman reported that the Accord was a voluntary code of practice for local authorities which sought to encourage more productive dialogue with local businesses, especially during the current recession.  The Accord represented a commitment by local authorities to taking a proactive approach to  ...  view the full minutes text for item 87.

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.

The Council noted that there were no public questions for this 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 - attached;

(c)         Report of Community Safety and Transport Portfolio Holder;

(d)         Report of Environment Portfolio Holder;

(e)     Report of Finance and Economic Development Portfolio Holder;

(f)          Report of Housing Portfolio Holder - attached;

(g)        Report of Legal and Estates Portfolio Holder;

(h)        Report of Leisure and Wellbeing Portfolio Holder;

(i)          Report of Performance Management Portfolio Holder.

The Council received written reports from the Chairman of the Overview and Scrutiny Committee, the Community Safety and Transport Portfolio Holder, the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder and the Performance Management 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 attended a meeting held as part of the Local Development Framework Diagnostic provided by the Planning Advisory Service.  She advised that some very useful guidance had been given which would enable the Council to move forward on this huge task.

The Leader also reported that she had attended the Uttlesford Local Strategic Partnership “Uttlesford Futures” together with the Council’s LSP Manager.

The Council noted that since the last Council meeting the Leader had been appointed as Chairman of the Corporation Board of the Epping Forest College.  Councillor Mrs Collins advised that she had attended earlier in the day a meeting forming part of the pre-inspection assessment and that a full Ofsted would take place at some time before March 2010.  She summarised the performances which would be subject to the inspection and indicated the improvements being made by the College in order to reach an acceptable standard.  She also drew attention to the possibility of the appointment of new Board Members.

The Leader also drew attention to her attendance at the launch of the new Epping Forest Youth Council, a Local Strategic Partnership Safeguarding Children event held at Chelmsford and a meeting with members of Harlow Council, Uttlesford District Council, East Herts District Council and Harlow Renaissance to discuss future developments for the expansion of Harlow.

(b)       Community Safety and Transport Portfolio Holder

Councillor Ms S Stavrou drew attention to the Safer, Cleaner, Greener Scrutiny Panel held on 27 October 2009 which had been devoted to Crime and Disorder Scrutiny.  She pointed out that the next meeting of that Panel to consider these matters would be held on 25 February 2010.

(c)        Environment Portfolio Holder

In the absence of Councillor Mrs M Sartin, Environment Portfolio Holder the Leader of the Council drew attention to the very encouraging figures for the first month of the new Waste Collection Service.  She pointed out that the recycling level for the month of September which had included three weeks of the new service had been around 57% and that was for the first three weeks of the new service alone, the level had been just over 60%.  She advised that there had also been a substantial reduction in the amount of waste going to landfill, with the first three weeks of the new service showing a 28% reduction.  She thanked residents of the district for embracing the new service so whole heartedly.

(d)       Legal and Estates Portfolio Holder

Councillor Cohen advised that  ...  view the full minutes text for item 89.

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 7 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)        Halloween

Councillor S Murray asked the Community Safety and Transport Portfolio Holder if she had yet had an opportunity to thank the Police for the very successful operations they had undertaken last weekend as a result of which he had received no complaints about anti-social behaviour from his constituents.

Councillor Ms S-A Stavrou, Community Safety and Transport Portfolio Holder, stated that she had not yet had an opportunity to do but would do so shortly as she also considered the initiatives taken to have been a success.

(b)       Conservative Party Meeting

Councillor S Murray invited the Leader of the Council to comment on the meeting held at Roding Valley High School on 26 October 2009.

Councillor Mrs Collins, Leader of the Council, advised that it had been a private meeting and she would not therefore be making any comment.

(c)        Traffic Regulation Order – Theydon Bois

Councillor R Frankel asked the Community Safety and Transport Portfolio Holder to comment on the decision of the County Council not to include restrictions in Purlieu Way, Theydon Bois as part of the recent new Traffic Regulation Order.

Councillor R Bassett, Performance Management Portfolio Holder, advised that he would respond this question as the matter had previously been within his former Portfolio.  He stated there had been mixed views expressed about restrictions in this road.  As a result the Parish Council had been invited to indicate their preference and the views of the Parish Council had been taken into account in making the final decision.  He pointed out that steps could be taken to seek a reversal of the decision.

(d)       Removal of items from communal areas in blocks of flats

Councillor Mrs P Richardson referred to the letter sent to tenants of Council flats requiring them to remove all items from communal areas in order to ensure that fire escape routes were not obstructed.  She asked the Housing Portfolio Holder if the deadline to remove items would be held in abeyance pending consideration of the petition which he had referred to earlier at this meeting.

Councillor D Stallan, Housing Portfolio Holder, stated that when he had been advised of the petition he had asked the officers to review the action which they had taken.  He stated that reasonable steps would continue to be taken to remove items where fire escape routes were obstructed as the Council had a duty to residents under Health and Safety to ensure that there were no obstructions.

(e)        Removal of items from communal areas in blocks of flats

Councillors Mrs P Richardson asked the Housing Portfolio Holder if residents would be allowed to keep carpets which had been placed within communal areas.

Councillor D Stallan, Housing Portfolio Holder stated that action would continue to be taken in relation of obstructions such as potted plants, pushchairs and bicycles.

(f)        Loughton High Road – Replacement Trees

Councillor D Wixley asked when trees would be planted in Loughton High Road to replace those removed as part of the completed  ...  view the full minutes text for item 90.

To consider the attached motion, 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)        Greensted Parish Ward

Moved by Councillor G Pritchard and seconded by Councillor Mrs D Collins:

“That this Council –

(a)        notes the powers available to the District Council under the Local Government and Public Involvement in Health Act 2007 to conduct corporate governance reviews within the District, including arrangements for Parish Councils;

(b)        notes that such reviews are designed to ensure that community governance is reflective of the identities and interests of the community in an area and is effective and convenient;

(c)        notes that concerns have been expressed by residents of Greensted Parish Ward in the Ongar Town Council area that they have more affinity with surrounding rural parishes than the Town of Ongar;

(d)        asks the Cabinet, or such other member body as has been established to deal with such reviews, to carry out reviews of the following:

(i)         the current Parish Council boundary in the Greensted area;

(ii)        whether the Greensted area would be better included in an adjoining rural parish;

(iii)       whether there are any residential areas more suitable by reason for their inherent character to remain part of Ongar Parish;

(iv)       consequential arrangements to Parish Council warding and polling arrangements arising from any changes agreed; and

(v)        consequential changes to District Council boundaries and warding arrangements arising from those changes”.

Motion as first moved ADOPTED

            RESOLVED:   Accordingly

(b)       National Non-Domestic Rating Scheme – Amendments from 1 April 2010

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

“That this Council –

calls on the Government to consider carefully the impact of the revaluation of business properties on businesses in the current economic climate and in setting the final terms of the scheme:

(i)         reduces the multiplier to the greatest possible extent and in any event by at least 20%;

(ii)        increases the scheme of transitional reliefs so that no business, regardless of size, should have a bill that is more than 2.5% bigger in 2010/2011 than their bill for 2009/2010;

(iii)       doubles the limits that restrict entitlement to small business rate relief”.

In moving his motion, Councillor Whitbread thanked the Chamber of Commerce and officers for the help they were giving local businesses in relation to this matter and he referred to the forthcoming Business Seminar to be held on 11 November 2009.  Councillor Mrs L Wagland in supporting the motion drew attention to the private rights of traders to challenge the process by way of appeals.

Motion as first moved ADOPTED

            RESOLVED:

            (1)        That this Council –

calls on the Government to consider carefully the impact of the revaluation of business properties on businesses in the current economic climate and in setting the final terms of the scheme:

(i)         reduces the multiplier to the greatest possible extent and in any event by at least 20%;

(ii)        increases the scheme of transitional reliefs so that no business, regardless of size, should have a bill that is more than 2.5% bigger in 2010/2011 than their bill for 2009/2010;

(iii)       doubles the limits  ...  view the full minutes text for item 91.

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.

(a)        Staff Vacancies

By Councillor J M Whitehouse to Councillor R Bassett, Performance Management Portfolio Holder

“Please list those posts on the establishment which are:

(a)        vacant;

(b)        have been vacant for three months or longer;

(c)        have been vacant for six months or longer.

Please identify which of the above posts are:

(a)        currently the subject of an active recruitment process;

(b)        currently have no activity planned;

(c)        are subject to a recruitment freeze.”

Response read by Councillor R Bassett, Performance Management Portfolio Holder

“There are currently a total of 67 posts on the Establishment which are vacant.

Twenty have been vacant for less than three months, 13 have been vacant for more than three months and 34 have been vacant for more than six months.

Thirty five of the 67 vacancies are currently subject to an active recruitment process and 32 have no recruitment activity planned.

Of the 32 vacancies that have no recruitment actively planned:

(a)        thirteen are pending the Housing Repairs/Building Maintenance restructure and the reduction in craft workers;

(b)        three will not be recruited due to the Council withdrawing from the joint use agreement for Waltham Abbey Sports Centre;

(c)        three are pending reviews of services in the Planning and Economic Development Directorate;

(d)        one is subject to review in the Corporate Support Services Directorate.

None of the 67 vacancies is subject to a recruitment freeze.  I will provide you with further details of the vacant posts and I will publish those details in the Council Bulletin.”

Supplementary Question by Councillor J M Whitehouse to Councillor R Bassett

Are the reviews to which you referred to be part of the current budget processes or for the future.

Reply by Councillor R Bassett, Performance Management Portfolio Holder

The reviews are ongoing and further vacancy opportunities may arise.  Any proposals will go through the normal processes including meetings at which members will have an opportunity to express their views.

Recommendation: 

That the resignation of Mrs H Harding as a District Councillor with effect from 30 September 2009 be noted. 

(Assistant to the Chief Executive/Returning Officer) On 30 September 2008, Mrs H Harding gave notice of resignation from the office of District Councillor for the Lower Sheering ward of the District. 

Her normal term of office would have expired in May 2011. Notice has been received signed by two electors requesting an election to fill the casual vacancy and an election will be held on 5 November 2009.

Background Papers: Letter of resignation dated 30 September 2009. Notice signed by two electors.

The Council noted the resignation of Mrs H Harding from the District Council with effect from 30 September 2009.  The Council was informed that notice had been received signed by two electors requesting an election to fill the casual vacancy and that an election was to be held on 5 November 2009.

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

(a) Grange Farm Managing Trustees – one of the Council’s appointed Trustees, the Chairman of the Council, Councillor Mrs P Smith, to report on the activities of the Trust as requested at the last meeting.

(a)        Grange Farm Managing Trustees

The Chairman of the Council, Councillor Mrs P Smith, as one of the Council’s appointed Trustees reported on the activities of the Trust as requested at the last meeting.  The Chairman advised of progress on the sporting and leisure aspects of the Grange Farm development, the current financial position of the Trust, the future plans of the Trust for financial assistance to charities/organisations in the area, and how the Trust advertised itself to local organisations engaged in sport and leisure activities so that they were aware of the funding potential.

Councillor S Murray requested that the Trust use its influence to regularise pedestrian access over the motorway bridge so that residents could be certain of the availability of that route.

Councillor J Knapman asked if there was a maximum amount which local organisations could request.

Councillor Mrs Smith said that she would take account of Councillor Murray’s request.  In relation to the question from Councillor Knapman she indicated that as far as she was aware there was not a maximum amount and that the criteria for assessing applications included the objectives of the organisation and the size of the project.  Councillor Mrs Smith agreed to establish the exact position and advised that she would publish details in the Council Bulletin.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That in accordance with Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda Item        Subject                                   Exempt Information

            Number                                                                Paragraph Number

            14                          Contract of Employment –      1

                                          Post XEX/01

To consider a report of the Leader of the Council (to follow).

(All officers left the meeting)

The Leader of the Council made an oral report and members discussed the matter.

During the discussion, I Willett and G Lunnun were recalled to the meeting to advise on a matter of procedure.  After giving advice they left the meeting again.

            RESOLVED:

            That the oral report of the Leader of the Council be noted.