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.

The Council is invited to stand for a minute’s silence in tribute to the memory of former Chief Executive, Tony Hackman who died on 23 November 2009.

Tony Hackman was Chief Executive of the District Council between 1984 and 1992.

It was with much sadness that the Chairman informed the Council of the death of Tony Hackman, Chief Executive of the District Council between 1984 and 1992.

Councillor R Morgan reported that he had represented the Council at the funeral at which reference had been made to Tony Hackman’s work in the public service and in relation to a lot of local organisations.

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

To approve as a correct record and sign the minutes of the meeting held on 3 November 2009 (attached).

            RESOLVED:

            That the minutes of the Council meeting held on 3 November 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.

There were no declarations of interest by members of the Council under this item.

Recommendation:

To welcome newly elected Councillor Charlotte Edwards

(Assistant to the Chief Executive/Returning Officer) Councillor Charlotte Edwards was elected on 5 November 2009 to the casual vacancy for Councillor in the District Ward of Lower Sheering and she has signed her Declaration of Acceptance of Office under the Local Government Act 1972.

The Council noted that Councillor Charlotte Edwards had been elected on 5 November 2009 to the casual vacancy for Councillor in the District Ward of Lower Sheering and that she had signed her declaration of acceptance of office under the Local Government Act 1972.

Councillor Mrs D Collins advised that Councillor Edwards had been unable to get to this meeting due to the adverse road conditions in Sheering.

(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)      Quality Parish Status – Epping Town Council

Epping Town Council has met all the relevant criteria to be reaccredited for quality parish status. Local councils in the District holding this status need to reapply every four years and complete a portfolio of evidence which is considered by the Essex County Accreditation Panel. Currently there are 684 Quality Parish Councils nationally of which 113 have been reaccredited.

Councillor John Buchanan, the Chairman of the Essex Association of Local Councils will say a few words on quality status and will make a presentation to Councillor Janet Hedges, the Mayor of Epping Town Council and Mr Bob Whittome, the Clerk of Epping Town Council.

(a)       Announcements by the Chairman of the Council

The Chairman, Councillor Mrs P Smith, reported on her attendance at recent activities which included Christmas lunches, carol services and children’s events.  She advised that she had met many dedicated volunteers who were prepared to give up their time to share Christmas activities with others.

The Chairman reminded members that a quiz in aid of her charity would be held at Theydon Bois Village Hall on 19 February 2010.

The Chairman reported that she would be sending the flowers from tonight’s Council meeting to the Council’s Homeless Hostel at Norway House and to the office of the standby officers working at the Civic Offices over the Christmas/New Year period.

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

There were no announcements made by the Leader of the Council or Cabinet members under this item.

(c)       Quality Parish Status – Epping Town Council

The Chairman introduced Councillor John Buchanan, the Chairman of the Essex Association of Local Councils and invited him to say a few words on quality parish status prior to making a presentation to Councillor Janet Hedges, the Mayor of Epping Town Council in recognition of the Town Council being reaccredited for quality parish status.

Councillor Buchanan advised that the concept of quality parish status had been introduced in March 2003 following the Government’s Rural White Paper.  The standard for quality status had been revised in 2008 with a national standard set.  He reported that currently there were 684 quality parish councils nationally of which 113 had been reaccredited.  48 parish/town councils in Essex had been awarded quality status and 18 had been reaccredited for the latest standard.

Councillor Buchanan congratulated Epping Town Council for meeting the standard required which included a properly trained clerk, a quarterly newsletter, an annual report, at least two thirds of the Council being elected, regular public participation and properly audited accounts.  He advised that Epping Town Council was one of the largest and most active local councils in the County being responsible for markets, cemeteries, allotments, heritage open spaces and a town show.

Councillor Buchanan suggested that Epping Town Council was well placed to deliver the new power of Wellbeing, a role already being undertaken by four local councils in Essex.

The Chairman of the Council, Councillor Buchanan and Councillor Hedges moved to the well of the Chamber for the formal presentation and photographs.

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 Housing Portfolio Holder, the Community Safety and Transport Portfolio Holder, the Environment Portfolio Holder and the Performance Management Portfolio Holder.

The Chairman invited the Leader, the 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 D Collins thanked the Chairman of the Council for holding a traditional civic carol service in Epping Upland.

The Leader apologised to members for the postponement of the Cabinet meeting due to have been held the previous evening but felt that this had been wise in view of the adverse weather.  She advised that the meeting had been rescheduled for 4 January 2010.

The Council noted that Epping Forest College had passed its preliminary Ofsted inspection, performing well in 11 of the 12 elements examined.  Councillor Mrs Collins advised that if the College had failed the preliminary inspection it would have been subject to a full inspection before Christmas but this would now take place in February/March 2010 and there would be an opportunity for the College to further improve performance by that time.

Councillor Mrs Collins reported on her attendance at an Essex County Forum meeting and on the One Epping Forest LSP Annual Stakeholder Conference.  She also advised of a meeting held with senior members of Harlow Council to discuss sharing services and pointed out that One Epping Forest was meeting with the Harlow and Uttlesford LSPs to discuss partnership working.

The Leader advised that she had been approached by the Citizens Advice Bureau for help in providing additional accommodation to interview people and as a result a room in the council Offices adjacent to Epping Sports Centre had been offered which was close to the Epping Citizens Advice Bureau offices.  Councillor Mrs Collins indicated that it might be possible to make a similar arrangement with the Waltham Abbey Citizens Advice Bureau.

Councillor Mrs Collins reported on a meeting with representatives of the Improvement and Development Agency to discuss member training and development and she encouraged all members to engage in this initiative.

(b)       Environment Portfolio Holder

Councillor Mrs M Sartin expressed thanks to the Street Cleansing and Grounds Maintenance teams for assisting in the gritting of shopping and sheltered accommodation areas.  She advised that due to the adverse weather the refuse collection freighters had been unable to reach all properties and she apologised to the residents affected.  Councillor Mrs Sartin expressed the hope that collections would be made from all properties before Christmas.

(c)        Leisure and Wellbeing Portfolio Holder

Councillor B Rolfe reported that a new three year agreement had been signed by SLM in relation to the Epping Sports Centre.  He reported that King Harold School would be taking over responsibility for the running of Waltham Abbey Sports Centre from 18 January 2010 and the school had confirmed its intention to offer facilities  ...  view the full minutes text for item 104.

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)        Food Recycling – Kitchen Caddies

Councillor P Spencer asked the Environment Portfolio Holder if it was possible for residents producing only a small amount of food for recycling to be provided with a larger caddy which could be put out for collection instead of having a wheeled bin for this purpose.

Councillor Mrs M Sartin advised that discussions were taking place with SITA, the Council’s waste collection contractors and it was hoped that it would be possible to provide larger caddies to those requesting them.

(b)       Gritting of Highways

Councillor S Murray asked the Community Safety and Transport Portfolio Holder to comment on the gritting of roads during the recent adverse weather.  He acknowledged that this was the responsibility of the County Council but asked the Portfolio Holder to comment as he had received numerous complaints from residents in his ward.  He advised that in at least two areas residents had purchased salt themselves to enable their roads to be used safely and that a local shopping parade had not been gritted for four days.  He also pointed out that the adverse weather had been forecast and he could not understand therefore why the main road between Loughton and Buckhurst Hill had not been treated and had resulted in traffic coming to a standstill for a long period.

Councillor Ms S-A Stavrou sympathised with the comments of Councillor Murray and advised that she had been unable to get out of her property the previous day.  She pointed out that the resources made available were to meet normal but not extreme conditions and inevitably therefore there would be some disruption when there were heavy falls of snow.  She drew attention to the work undertaken by the District Council’s Street Cleansing and Grounds Maintenance teams but emphasised that the gritting of roads was an Essex County Council responsibility and that complaints about the level of service should be directed to that Authority.  The Portfolio Holder advised that she understood some roads had been treated with salt but had suffered as a result of the salt being washed away by falls of heavy snow.

(c)        Budget 2010/11 – Areas Suitable for Review

Councillor J M Whitehouse asked the Performance Management Portfolio Holder which members had expressed concern about the growth in the number of meetings and whether 58 remained an appropriate number of members of the Council.  He also asked for a definition of “third party” in the section of the Portfolio Holder’s written report relating to the administration of grants and for clarification of the review to be undertaken in relation to Legal Services.

Councillor R Bassett reported that work had commenced on areas where it was considered it might be possible to improve efficiency or save money.  Reviews were to be undertaken with relevant managers to discuss how the reviews could be accommodated and he confirmed that all member Groups would be involved in any decisions regarding the Council’s calendar of meetings and the number of councillors.  He advised that  ...  view the full minutes text for item 105.

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)        Epping Forest District Council Organisational Assessment

Moved by Councillor J M Whitehouse and seconded by Councillor Mrs A Haigh:

“This Council –

(a)        notes with concern the content of the Epping Forest District Council Organisational Assessment published by the Audit Commission on 9 December 2009, which gives the District Council a score of 2 out of 4 for every element of the assessment (“meets only minimum requirements, performs adequately”);

(b)        notes, in particular, the references to:

(i)         a weak track record of improvement;

(ii)        slow payment of benefits;

(iii)       tensions between some senior officers and some councillors; and

(iv)       a need to focus more on value for money and quality of service delivery;

(c)        recognises the hard work and commitment of staff and that the assessment records some areas of good performance including:

(i)         providing services to Council tenants; and

(ii)        working in partnership with other organisations to tackle crime and anti-social behaviour;

(d)        believes nevertheless that Epping Forest District residents deserve better than a Council which meets only minimum requirements; and

(e)        resolves:

(1)        That as a matter of priority the Cabinet should work with officers to identify the actions required to address the areas of under-performance highlighted in the assessment and that these should be presented to the Overview and Scrutiny Committee for discussion;

(2)        That actions to address the areas of under-performance should be included in the Key Priority Objectives for 2010/11;

(3)        That the financial implications be considered as part of the current budget-making process; and

(4)        That the Overview and Scrutiny Committee should keep under review the Council’s response to the assessment”.

Amendment Moved by Councillor A Watts and seconded by Councillor C Whitbread

“(1)      That the words “with concern” be deleted from paragraph (a);

(2)        That the words “in particular” be deleted from paragraph (b);

(3)        That the following words be added to paragraph (c):

(iii)       the Council and its partners share a clear vision for Epping Forest;

(iv)       the Council is developing its workforce and improving succession planning;

(v)        levels of recycling have increased;

(vi)       the Council is progressing a range of initiatives to improve services for diverse groups in the community;

(vii)      the Council is taking some action to improve access to services;

(viii)      the Council is delivering initiatives to improve health;

(ix)       the Council has acted to support local businesses and residents through the economic recession;

(x)        consultation with young people is effective;

(4)        That paragraph (e) be amended to read as follows:

(1)        That as a matter of priority the Cabinet will continue to work with officers to identify actions to address areas of under-performance of the Council and that these will continue to be presented to the Overview and Scrutiny Committee for discussion;

(2)        That the financial implications be considered as part of the current budget-making process; and

(3)        That the Overview and Scrutiny Committee should keep under review the Council’s response to the assessment”.

Adopted

            RESOLVED:

            That this Council –

            (a)        notes  ...  view the full minutes text for item 106.

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)        Fixed Penalty Notices – Littering including Cigarette Butts

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

“(1)      Do the Council’s Environment and Neighbourhood officers have the power to issue fixed penalty notices to deal with the dropping of cigarette butts and other types of litter; and if so, what is the fixed penalty charge and how many have been issued?  If not, does she have any plans to follow the lead of councils which use fixed penalty notices of around £80 to deal with the dropping of cigarette butts and other litter in public areas;

(2)        How many waste bins with cigarette receptacles are provided by the District Council, broken down by parish?”

Response read by Councillor Mrs M Sartin, Environment Portfolio Holder

(1)        “A range of officers, including the Environment & Neighbourhood Officers have the delegated authority to issue Fixed Penalty Notices (FPN).  FPNs can be issued for a wide range of offences including littering, nuisance parking, graffiti & flyposting, dog control, noise, the use of incorrect waste receptacles and other waste offences

FPNs have a range of penalties attached.  There is a government set default for each plus in many instances the penalty can also be set locally. 

I will publish in the Council Bulletin, a table showing examples.

Whilst no FPNs have been issued to date, this should be seen in the context of the overall enforcement process.  The ability to issue a FPN is but one way of dealing with a criminal offence; it does not create any new offences, and contrary to some recent press coverage, does not pass over “Police powers” to the Council’s officers.  However, the use of FPNs is seen as a useful tool and an expedient way of dealing with some of the criminal offences that the Environment & Neighbourhood Officers investigate, integrated with education and awareness campaigns.  This approach to their use is set out in the Environment & Street Scene Directorate’s Enforcement Policy, adopted by Cabinet at its meeting on 7 September 2009.

Before the Council starts to use FPNs, it will, in accordance with best practice, advertise its intention to do so, thereby making local residents and visitors to the district aware that if they commit specific offences, they may be liable to receive a FPN from an authorised officer.  It is intended to take a report to Cabinet in February 2010, seeking authority to advertise the Council’s intent and to set the fines and discounts to be applied within the limits as set out in the table above”..

(2)        “The Council currently has no waste bins with specific facilities for cigarette waste.  It is certainly the case that one of the less positive affect of the smoking ban in public premises is that smokers often congregate on the street which results in cigarette litter.  This is an issue that the Waste Team will be considering now that the new recycling service has been successfully implemented, and consideration will also be given to  ...  view the full minutes text for item 107.

To consider the attached report.

Councillor Mrs Collins, Leader of the Council, advised that this matter had not yet been considered by the Cabinet due to the postponement of the meeting due to have been held the previous evening.  She pointed out that the matter had to be discussed by the Cabinet before being considered by the full Council and the Cabinet discussion would now take place on 4 January 2010.  The Leader of the Council advised that in recognition of the need for the Council to consider the recommendations of the Cabinet before its next scheduled meeting in February, the Chairman of the Council had agreed to call an extraordinary meeting of full Council on 19 January 2010.

To consider the attached report.

Mover:  Councillor C Whitbread – Finance and Economic Development Portfolio Holder

The Portfolio Holder reported on the Capital Strategy 2009/2014.

Report as first moved ADOPTED

            RESOLVED:

            That the Capital Strategy 2009/2014 be approved.

To consider the attached report.

Mover:  Councillor R Morgan – Chairman of the Overview and Scrutiny Committee

Councillor R Morgan submitted a report following a review of Financial Regulations.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the amendments to Financial Regulations relating to external funding applications (as set out in Part B of Appendix 1 to these minutes) be approved;

            (2)        That those minor changes set out in Appendix 2 to these minutes be approved; and

            (3)        That the revised Financial Regulations be published in the Council’s Constitution.

Recommendation:

To appoint a member to the vacancy on the Licensing Committee for the remainder of the current municipal year

The current membership of the Licensing Committee is as follows:

Conservative Group:  K Chana, M Cohen, Mrs R Gadsby, J Hart, Mrs J Hedges, Mrs M McEwen, Mrs P Smith, J Wyatt

Independent Member: R Morgan

Liberal Democrats Group: Mrs P Brooks (Chairman), D Dodeja

LRA Group: K Angold-Stephens

BNP Group: Ms S Clapp, Mrs P Richardson (Vice-Chairman)

There has been a vacancy on the Committee since the Annual Meeting which until recently has not been an issue. However, experience with holding reviews of premises licences has  highlighted the need for three separate Licensing Sub-Committee meetings to deal with a review and for no member to participate in more than one meeting. As a result it has proved difficult when trying to arrange the third meeting to find sufficient members. In order to help overcome this matter the Council is asked to fill the vacancy on the Committee.

The Council was informed that there had been a vacancy on the Committee since the Annual Meeting which until recently had not been an issue.  However, experience with holding reviews of premises licences had highlighted the need for three separate Licensing Sub-Committee meetings to deal with a review and for no member to participate in more than one meeting.  As a result it had proved difficult when trying to arrange the third meeting to find sufficient members.  In order to help overcome this matter the Council was asked to fill the vacancy on the Committee.

Councillor Mrs D Collins, Leader of the Council, advised that Councillor J Hart, one of the Conservative Group nominations on the Committee, was unable to attend daytime meetings.  As a result she proposed that his place on the Committee be taken by Councillor A Lion.

Three nominations were made to fill the vacancy on the Committee, Councillors A Boyce, R Law and D Wixley.  Following voting on the nominations, Councillor A Boyce was appointed a member of the Committee.

            RESOLVED:

            (1)        That Councillor A Lion be appointed as a member of the Committee for the remainder of the current municipal year in place of Councillor J Hart; and

            (2)        That Councillor A Boyce be appointed to the vacancy on the Committee for the remainder of the current municipal year.

Recommendation:

To consider the appointment of a member Olympic “Champion”

The Council is asked to consider the appointment of a member to act as its Olympic “Champion” liaising with other parties in relation to topics associated with the 2012 Olympic and Paralympic Games in London.

The Council considered the appointment of a member to act as its Olympic “Champion” liaising with other parties in relation to topics associated with the 2012 Olympic and Paralympic Games in London.

Two nominations were made for this appointment, Councillors S Murray and A Watts.  Following a vote, Councillor S Murray was appointed to the position.

            RESOLVED:

            That Councillor S Murray be appointed as the Council’s Member Olympic “Champion”.

(a)   West Essex Children’s Trust Board

             Recommendation:

             To appoint a representative for the remainder of the municipal year

             (Assistant to the Chief Executive) Essex County Council has re-organised children’s trust arrangements in the County. The West Essex Children’s Trust Board has been established and joins Epping Forest District with Harlow and Uttlesford Districts with greater emphasis on aligned and joint commissioning of services for children and young people.

            The Council has been asked to appoint a representative to this new organisation.

      (b) Local Strategic Partnership – New Structure and Representation

            Recommendation:

            To note the new structure and the appointments made by the Leader of the Council for the remainder of the current municipal year

            (Assistant to the Chief Executive) The Leader of the Council has made the following appointments to the four new theme groups of the Local Strategic Partnership which have replaced all of the previous groups:

            Health Equalities Group – Councillor B Rolfe

            Safer Communities Partnership – Councillor Ms S-A Stavrou

            Sustainable Communities Group – Councillor Mrs A Grigg

            Epping Forest Children’s Partnership – Councillor Mrs A Haigh

            The Leader of the Council and Councillor Mrs A Grigg continue to be the Council’s representatives on the LSP Board.

(a)        West Essex Children’s Trust Board

The Council was advised that Essex County Council had reorganised Children’s Trust arrangements in the County.  The West Essex Children’s Trust Board had been established and joined Epping Forest District with Harlow and Uttlesford Districts with greater emphasis on aligned and joint commissioning of services for children and young people.

The Council considered the appointment of a representative to this new organisation.

            RESOLVED:

            That Councillor Mrs L Wagland be appointed as the Council’s representative on the West Essex Children’s Trust Board for the remainder of the current municipal year.

(b)       Local Strategic Partnership – New Structure and Representation

Members noted that the Leader of the Council had made the following appointments to the four new theme groups of the Local Strategic Partnership which had replaced all of the previous groups:

Health Equalities Group – Councillor B Rolfe

Safer Communities Partnership – Councillor Ms S-A Stavrou

Sustainable Communities Group – Councillor Mrs A Grigg

Epping Forest Children’s Partnership – Councillor Mrs A Haigh

The Council noted that the Leader of the Council and Councillor Mrs A Grigg continued to be the Council’s representatives on the LSP Board.

            RESOLVED:

            That the new structure and the appointments made by the Leader of the Council for the remainder of the current municipal year be noted.

Recommendation:

To note that the Chairman of the Council agreed that the decisions of the Legal and Estates Portfolio Holder regarding transfer of the ownership of land for five parking spaces and electricity sub-station to Crest Nicholson Operations Group at no cost should be treated as a matter of urgency and should not be subject to call-in.

(Chief Executive) At its meeting on 7 September 2009, the Cabinet agreed to lease an additional area of land at the Parade Ground Site, Merlin Way, North Weald to Crest Nicholson (Eastern) Ltd to enable the erection of an electricity sub-station required for the development.

The developers subsequently requested that this area of land be included in the sale of the adjoining land at no extra cost and be used for the erection of a sub-station and for the provision of five parking spaces. The developers also requested that the site be sold to Crest Nicholson Operations Group rather than Crest Nicholson (Eastern) Ltd.

Income from the sub-station site would have been minimal and would have been offset by administration costs. It is assumed that the parking spaces will eventually be adopted as they are for general public parking and not allocated to properties. However if the spaces are not adopted the developers will be responsible for maintenance. The transfer for the site does not prevent an onward sale and there is no reason to insist that the sale is to Crest Nicholson (Eastern) Ltd. Accordingly the Legal and Estates Portfolio Holder agreed to the transfer of the ownership of the land for five parking spaces and an electricity sub-station to Crest Nicholson Operations Group at no cost.

The Chairman of the Council agreed that the matter should be treated as a matter of urgency and should not be subject to call-in as any delay would be likely to seriously prejudice the Council’s interests.

Background Paper: Portfolio Holder Decision Notice and form signed by the Chairman of the Council.

The Council was informed that at its meeting on 7 September 2009, the Cabinet had agreed to lease an additional area of land at the Parade Ground Site, Merlin Way, North Weald to Crest Nicholson (Eastern) Limited to enable the erection of an electricity sub-station required for the development of the land.  The developers had subsequently requested that this area of land be included in the sale of the adjoining land at no extra cost and be used for the erection of a sub-station and for the provision of five parking spaces.  The developers had also requested that the site be sold to Crest Nicholson Operations Group rather than Crest Nicholson (Eastern) Limited.

Members were informed that income from the sub-station site would have been minimal and would have been offset by administration costs.  It was assumed that the parking spaces would eventually be adopted as they were for general public parking and not allocated to properties but if they were not adopted the developers would be responsible for maintenance.  The transfer for the site did not prevent an onward sale and there was no reason to insist that the sale was to Crest Nicholson (Eastern) Limited.  Accordingly, the Legal and Estates Portfolio Holder had agreed to the transfer of the ownership of the land for five parking spaces and an electricity sub-station to Crest Nicholson Operations Group at no cost.

The Council noted that the Chairman of the Council had agreed that the matter should be treated as a matter of urgency and should not be subject to call-in as any delay would have been likely to seriously prejudice the Council’s interests.

            RESOLVED:

            That the action of the Chairman of the Council in agreeing that the decisions of the Legal and Estates Portfolio Holder regarding transfer of the ownership of land for five parking spaces and an electricity sub-station to Crest Nicholson Operations Group at no cost should be treated as a matter of urgency and should not be subject to call-in be noted.

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

There were no reports made under this item.

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 items of business set out below as they 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

            21                          Report of the Cabinet –                       1

                                          External legal advice in respect

                                          of Post XEX/01 – Virement

            22                          Contract of Employment –

                                          Post XEX/01                                        1

The Chairman announced that the meeting would be adjourned for five minutes and would resume at 9.30 pm.

All officers left the meeting except for C O’Boyle, I Willett and G Lunnun.

To consider the attached restricted report.

Mover:  Councillor R Bassett – Performance Management Portfolio Holder

The Portfolio Holder reported on proposals to vire a sum from the Corporate Improvement Budget (Performance Management Portfolio) to create a new budget within the Legal and Estates Portfolio.

Report as first moved ADOPTED

            RESOLVED:

            That a virement in the sum of £25,000 be agreed from the Corporate Improvement Budget (Performance Management Portfolio) to create a new budget within the Legal and Estates Portfolio to meet the estimated cost of all legal advice required.

To consider a restricted report of the Leader of Council (to be circulated separately).

R Palmer returned to the meeting for this item accompanied by Ms S Kelly, the Council’s external legal adviser.

The Council received a report of the Leader of the Council and a letter dated 22 December 2009 from the holder of post XEX/01 to the Leader of the Council.

The Leader of the Council expanded on the report and invited Ms S Kelly to advise the Council on the issues.  Ms Kelly gave advice to the Council and answered members’ questions.  During the debate Ms C O’Boyle, Monitoring Officer clarified a matter of fact.

Motion moved by Councillor Mrs D Collins and seconded by Councillor A Watts

“That the question be now put”

The Chairman of the Council ruled that the item had been sufficiently discussed and put the procedural motion to the vote.

Adopted

            RESOLVED:

            (1)        That external legal advice be obtained on the correctness of constitutional procedures on the matter;

            (2)        That the requirement for prior approval of the proposed settlement by a mediator be set aside as a negotiated settlement is being progressed;

            (3)        That the proposed terms for the settlement as set out in the draft Compromise Agreement submitted to the Council be approved; and

            (4)        That the draft Compromise Agreement submitted to the Council be approved and the Leader of the Council authorised to sign the Agreement on behalf of the Council and to make any necessary minor amendments following discussions with the post holder and his legal adviser.