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”

The Assistant to the Chief Executive reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To approve as a correct record and sign the minutes of the meeting held on 24 May 2011 (attached).

RESOLVED:

That the minutes of the Council meeting held on 24 May 2011 be taken as read and signed by the Chairman as a correct record subject to the inclusion of the word “Deputy” after the name “G Waller” in item 14 of Appendix E to the minutes.

(Chief Executive) To declare interests in any item on the agenda.

(a)       Pursuant to the Council’s Code of Member Conduct, Councillor  Collins declared a personal interest in agenda item 10 (Report of the Cabinet – Epping Forest College, Loughton – Approval to Development Works) by virtue of being Chairman of the Corporation Board of the College.  The Councillor advised that she had determined that her interest was prejudicial and that she would leave the meeting for the consideration and voting on the matter.

(b)       Pursuant to the Council’s Code of Member Conduct, Councillor  Morgan declared a personal interest in agenda item 19 (Report of the Electoral and Community Governance Review Committee) by virtue of being the Chairman of Matching Parish Council.  The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

(c)        Pursuant to the Council’s Code of Member Conduct, Councillor  Angold Stephens declared a personal interest in agenda item 16 (Parish Remuneration Panel – Annual Report 2010/11) by virtue of being a member of the Loughton Town Council.  The Councillor advised that he had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

(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)               LightBulb Apprenticeship Programme

The LightBulb based in Basildon provide training and consultancy services in Essex and the surrounding counties. The LightBulb Apprenticeship Programme delivers apprenticeships to match the needs of employers.

Summer North joined the Council as part of the Future Jobs programme and was given a one year contract as an ICT Apprentice. LightBulb oversee and mentor Summer by setting projects and tasks in order for her to complete and pass an NVQ.

Chris Askew, Customer Support Supervisor in ICT, is Summer’s line manager providing guidance, support and the opportunity to gain experience of working in ICT.

LightBulb have introduced awards this year and Summer has received an award for the apprentice who has interacted best with her employer and the apprenticeship programme. Chris has also received an award for employer of the year.

Summer and Chris will be attending the meeting to receive their awards from the Chairman of the Council. 

(d) Travel Plan

The District Council agreed to introduce its own Travel Plan in September 2009 and, since then, in partnership with Essex County Council, has been developing a number of initiatives as part of that Plan. In view of the progress the Council has made on the Travel Plan, it has been awarded the Bronze Standard accreditation. 

The Award is in recognition of the measures put in place by the Council including completion of a staff travel survey to obtain information about travel patterns and ideas for improvements, flexi-working, development of a car sharing scheme, provision of personal alarms, promotion of cycling and walking to work as a healthy way to travel including a Cycle2Work Scheme, provision of route maps and timetables for local public transport and promotion of its benefits, and ‘Green Driving Tests’ for staff.

Harvey Panrucker, Sustainable Travel Planning Manager, Essex County Council, will say a few words about Travel Plans and together with the Chairman of the Council will present the award to Councillor Smith,the Safer and Greener Portfolio Holder and Chris Overend, Policy Officer who has helped develop the Plan.

The Council will strive for accreditation to Silver, and ultimately to Gold, Standard by building on existing initiatives and introducing ideas in other areas.

(a)       Announcements by the Chairman of the Council

(i)         Attendance at Events

The Chairman reported that on 5 June he had hosted a very special event at North Weald Airfield in honour of the 90^th Anniversary of the Royal British Legion.  The event had also coincided with the North Weald Airfield American Eagles Fun Day and Fly-in which had been held to celebrate the 70^th Anniversary of the American Eagle Squadron at North Weald Airfield during the Second World War.  The Chairman announced that wreaths had been laid at the base of the Gate Guardian in memory of those who had lost their lives in conflict.  He also reported that he had made a presentation to 91 year old Doris Holden from the North Weald Branch of the British Legion.  Doris had served at the Airfield during the Second World War and had been an active member of the Legion for over 30 years.  The Chairman thanked the officers who had organised the event.

The Chairman reported that he had attended St Clare Hospice on 8 June for the visit of Her Royal Highness the Countess of Wessex.

 He also reported on his attendance at the Young Enterprise (Essex) Team Celebration Event held on 9 June 2011.  He advised the Council that the Team Programme had been specifically designed for young people aged 15-19 years who had experienced difficulties with learning and/or had physical disabilities.  It had offered them a practical experience of running their own company, supported by their teacher and volunteer business advisors.

The Chairman announced that he had started visiting primary schools in the District to present the West Essex Primary School Prizes.  The prizes were being presented on behalf of the West Essex Partnership in recognition of hard work and effort put in at schools over the past year.

The Council noted that the Chairman had attended the Crucial Crew Event on 17 June.  The Crucial Crew was an interactive safety initiative based around key life skills that targeted 10-11 year old children.  The Chairman advised that he had welcomed and toured the event with the High Sheriff, Lady Ruggles-Brise.

The Chairman announced that on 20 June, a short service had been conducted at the Civic Offices during which he had raised the Armed Forces Day Flag in recognition of Armed Forces Day on 25 June.  Following the ceremony, he had hosted a small reception for those attending the event, at which coffee and cookies had been served and £65.00 had been raised for his charities.

The Chairman advised members that he proposed to impose a £10 fine on any member whose mobile phone rang during Council meetings during his year of office or on any member found texting during a Council meeting.  He advised that the fines would be put to his charities.

The Chairman reminded the Council of the Members’ and Officers’ Golf Day on 19 July and encouraged members to participate.

Finally, the Chairman advised of his attendance  ...  view the full minutes text for item 19.

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 and Legal Portfolio Holder;

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

(c)         Report of Environment Portfolio Holder;

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

(e)        Report of Housing Portfolio Holder;

(f)          Report of Leisure and Wellbeing Portfolio Holder;

(g)     Report of Planning and Technology Portfolio Holder;

(h)     Report of the Safer and Greener Portfolio Holder;

(i)      Report of Support Services Portfolio Holder.

The Council received written reports from the Chairman of the Overview and Scrutiny Committee, the Environment Portfolio Holder, the Finance and Economic Development Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, the Planning and Technology Portfolio Holder, and the Safer and Greener Portfolio Holder.

The Chairman invited the Leader and Legal Portfolio Holder and the Support Services Portfolio Holder to provide oral reports, and other members of the Cabinet to give an oral update of their written reports.

(a)        Leader and Legal Portfolio Holder

The Leader advised that, having made announcements earlier in the meeting, she had nothing to add under this item.

(b)       Chairman of the Overview and Scrutiny Committee

Councillor Bassett advised that he had nothing to add to his report but wished to take this opportunity to thank Councillor Morgan, the former Chairman of the Committee, for progressing an effective Overview and Scrutiny function at the Council.

Councillor Morgan acknowledged the thanks and advised the Council that, whilst it had been the intention to keep the Magistrates’ Court in Epping open till the end of the calendar year, due to budget cuts, it had been closed the previous day.  He expressed the view that this was a sad day for justice and for the history of Epping.

(c)        Finance and Economic Development Portfolio Holder

Councillor Mohindra reported that he had authorised the necessary traffic survey in relation to the St John’s Road, Epping development proposals and a further report would be made in due course.

(d)       Planning and Technology Portfolio

Councillor Philip drew attention to a typographical error in the recommendation of his report.  He advised that the Leader of the Council had recently met the Right Honourable Eric Pickles MP, Secretary of State for Communities and Local Government and Bob Neill MP, Parliamentary Under Secretary of State and the latter had offered a meeting to discuss how the Council could progress its Core Strategy.  Councillor Philip advised that this invitation would be accepted.

(e)       Safer and Greener Portfolio Holder

Councillor Smith advised that confirmation had been received within the last few days that the County Council Portfolio Holder for Transport and Highways had agreed to authorise implementation of the Epping Parking Review.  She advised that the timescale was not yet clear.

(f)        Support Services Portfolio Holder

Councillor Wyatt advised that he had met lead officers and other staff responsible for services within his Portfolio and was now well informed of the areas for which he was responsible.  He advised that he would be submitted written reports to future Council meetings.

(i)         Buckhurst Hill Parking Review

Councillor Spencer asked the Safer and Greener Portfolio Holder for the latest timetable for completion of the Buckhurst Hill Parking Review.

Councillor Smith stated that progress had been made with the County Council in securing authorisation for implementation of the Epping Parking Review but that at present she was unable to provide dates for the other outstanding reviews.  She advised that it was her intention to bring forward reports on the other reviews as soon as possible.

(ii)        Pest Control Treatment Service

Councillor Leonard drew attention to the charges being made for this service under arrangements with Rentokil following the collapse of the service provider.  He asked the Environment Portfolio Holder whether tenders would be sought when a new contract was due to be entered into early in 2012.

Councillor Knapman confirmed that it was his intention to seek tenders for a new contract and pointed out that there seemed to be some misunderstanding about the charges being made by Rentokil.  He emphasised that Rentokil were providing a subsidised service to Epping Forest District residents and that additional discounts were available for those on defined benefits.

(iii)       St John’s Road area, Epping – Redevelopment

Pursuant to the Council’s Code of Member Conduct, Councillor J M Whitehouse, before asking his question, declared a personal interest in this matter by virtue of being a resident of St John’s Road, Epping. The Councillor advised that he had determined that his interest was not prejudicial. 

Councillor Whitehouse asked the Finance and Economic Development Portfolio Holder when the traffic study in relation to the scheme would be completed, when consultation would be carried out, and when draft and final reports would be available.

Councillor Mohindra advised that he had authorised the undertaking of a traffic survey.  He continued that consultation would be undertaken after the options had been discussed and viable ones identified.  He said that it was his intention to involve local ward councillors in the process.

(iv)      North Essex Parking Partnership

Councillor Whitbread asked the Safer and Greener Portfolio Holder if it was the intention of the new Cabinet to continue to press for free parking in Epping and Ongar Town Centres as had been the policy of the previous Cabinet.

Councillor Smith advised that she had recently attended the first meeting of the Partnership but that this matter had not been discussed.  She assured Councillor Whitbread that she would support local businesses and continue to press for free parking in Epping and Ongar Town Centres.

(v)       Park and Ride Facility at North Weald Airfield in relation to the Lee Valley White Water Centre

Councillor Grigg asked the Leisure and Wellbeing Portfolio Holder if the proposal to use the Airfield as a park and ride facility was being pursued by the Olympic Development Agency.  She stated that if this use took place, she was aware the Council would not receive income from the Olympic Development Agency but questioned whether the operator of coaches taking the public  ...  view the full minutes text for item 22.

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.

The Council was advised that there were no motions for consideration at this meeting.

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 by members of the Council under notice in respect of this item.

By leave of the Council, the Chairman sought leave to bring forward item 18 (Standards Committee – Annual Report 2010/11).

            RESOLVED:

            That the item on the Standards Committee – Annual Report 2010/11 be taken as the next item of business.

To consider the attached report.

Richard Crone, Chairman and independent member of the Standards Committee presented the Ninth Annual Report 2010/11 of the Committee.  He drew attention to the need for the Council to address a new ethical framework once the Bill currently being debated in Parliament was enacted.

            RESOLVED:

            That the Annual Report 2010/11 of the Standards Committee be noted.

To consider the attached report.

Mover:  Councillor Wagland – Leader and Legal Portfolio Holder.

The Leader submitted a report on a request from Epping Forest College seeking the Council’s approval for the demolition of the Loughton Sports Hall and the construction in its place of a new 85 bed care home development with car parking and landscaped secure garden areas in accordance with planning permission EPF/2439/10.

Report as first moved ADOPTED

            RESOLVED:

            That, pursuant to the restrictive covenant in paragraph (b) of the Third Schedule of a Conveyance dated 1 May 1952, approval be given as landowner of the adjoining lands to a scheme of works to be carried out on land known as the former Loughton Sports Hall as shown by a black verge on the plan attached to the report of the Cabinet.

To consider the attached report.

Mover:  Councillor Bassett – Chairman of the Committee

Councillor Bassett submitted a report following the annual review of Contract Standing Orders.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the schedule of amendments to Contract Standing Orders set out in Appendix 1 to these minutes be approved;

            (2)        That the proposed changes to Contract Standing Orders C4(1)(g) (Contract Renewals) and C7(6)(a) (Ad Hoc Tender Lists) be reviewed in 2012/13;  and

            (3)        That Contract Standing Orders and Financial Regulations be reviewed in alternate years in future, viz

            2011/12 – Financial Regulations

            2012/13 – Contract Standing Orders.

To consider the attached report.

Mover:  Councillor Bassett – Chairman of the Committee

Councillor Bassett submitted a report following the annual review of officer delegation.

            RESOLVED:

            (1)        That the schedule of changes to Council delegation attached as Appendix 2 to these minutes be approved including clarification of paragraphs (f) and (h) of the attached Appendix 3 to these minutes;

            (2)        That the revised schedules be incorporated in the Constitution;  and

            (3)        That the schedules of delegation be re-configured on a Directorate basis in future.

To consider the attached report.

Mover:  Councillor Bassett – Chairman of the Committee

Councillor Bassett submitted the annual report of the Committee in accordance with Overview and Scrutiny Procedure Rule 24.

Report as first moved ADOPTED

            RESOLVED:

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

            (2)        That in future annual reviews of this nature be published and circulated as a separate document rather than as part of an agenda.

To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan submitted a report proposing adoption of a policy for the regulation of sex cinemas, sex shops and sexual entertainment venues.

Report as first moved ADOPTED

            RESOLVED:

            That the Sexual Entertainment Venues and Sex Establishment Licensing Policy and the licence conditions as set out in the attachment to the report of the Licensing Committee be adopted.

To consider the attached report.

Mover:  Councillor Morgan – Chairman of the Committee

Councillor Morgan submitted a report following further consideration by the Committee of the exercise of powers to issue licences to businesses which wished to place tables, chairs, A-boards etc on the pavement.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That licences be not granted under Section 115E of the Highways Act 1980 which would permit items such as tables and chairs to be placed on pavements;  and

            (2)        That the position be reviewed by the Committee in one year’s time.

(Parish Remuneration Panel) To consider the attached report.

In the absence of Rosemary Kelly, member of the Panel who was to have presented the report but was not at the meeting as she had been involved in a road traffic accident the previous week, the Chairman invited Mr I Willett to present the report.

Mr Willett submitted the Annual Report 2010/11 of the Epping Forest District Parish Remuneration Panel.

            RESOLVED:

            That the Annual Report 2010/11 of the Epping Forest District Parish Remuneration Panel be noted.

To consider  the attached report.

Mover:  Councillor Philip – Chairman of the Committee

Councillor Philip submitted a report following a Community Governance Review in respect of Moreton, Bobbingworth and the Lavers Parish Council.

Report as first moved ADOPTED

            RESOLVED:

                         (1)        That the following proposals arising from the Community Governance Review for MBL Parish be adopted, as they reflect the identities and interests of the communities in the area and are effective and convenient namely:

             (a)        re-warding of the area comprising the existing Parish Wards of High Laver, Little Laver and Magdalen Laver to form a single ward entitled “The Lavers” as shown on Map 2 (shaded pink) of Appendix 1 to the report of the Committee;

             (b)        the transfer of those areas of High Laver and Little Laver wards which are part of Matching Green Village to the Parish of Matching (as set out in Appendix 1 to the report of the Committee (and shaded green on Map 1) to this report);

            (c)        the re-alignment of the MBL/Matching Parish boundary in Matching Green Village as a consequence of (b) above as shown with a green line in Map1 of Appendix 1 to the report of the Committee ;

                         (d)        that MBL Parish, should continue to have a Parish Council with  electoral arrangements based on wards;

             (e)        that no change to the number of Parish Councillors in Matching and MBL Parishes be made;

             (2)        That an Order be made under Section 92 of the Local Government and Public Involvement in Health Act 2007 to give effect of the proposals arising from the review, subject to a report to this meeting on further consultation with elected Councillors resident in the MBL part of Matching Green village to ascertain the level of public support for a new Matching Parish Council elections in 2012;

             (3)        That a statutory statement under Section 96 of the Act indicating the Committee’s response to the review (as set out in Appendix 2 to the report of the Committee) be adopted for subsequent publication all respondents to the public consultation;

             (4)        That the Council make an application to the Local Government Boundary Commission (LGBC) for the following:

             (a)        the re-alignment of the boundary between North Weald and Nazeing and Ongar and Rural County Electoral Divisions and the District Wards of Moreton and Fyfield and Hastingwood, Matching and Sheering Village to follow the new Parish boundary;  and

             (b)        the holding of an election in 2012 in the District Ward of Hastingwood, Matching and Sheering Village.

(Independent Remuneration Panel) To consider the attached report.

In the absence of Rosemary Kelly, member of the Panel who was to have presented the report but was not at the meeting as she had been involved in a road traffic accident the previous week, the Chairman invited Mr I Willett to present the report.

Mr Willett submitted the Annual Report 2010/11 of the Independent Remuneration Panel.

Motion moved by Councillor Stallan and seconded by Councillor Knapman.

“That the following recommendation of the Panel be adopted:

“(6)      That, as it is considered the role of Licensing Sub-Committee Chairmen is similar to the role undertaken by Area Plans Sub-Committee Chairmen, a Special Responsibility Allowance be paid totalling £3225 per annum to be divided equally between the six Licensing Sub-Committee Chairmen”.

Carried

Second motion moved by Councillor Philip and seconded by Councillor Wagland.

“That the level of implementation of the allowance for the Chairman of Licensing Sub-Committee Chairman be set at £2362 per annum.”

Carried

Third motion moved by Councillor Wagland and seconded by Councillor Philip

“That the remaining recommendations of the Independent Remuneration Panel be noted”

                                                                                                                           Carried

Report as amended ADOPTED

            RESOLVED:

            (1)        That, as it is considered the role of Licensing Sub-Committee Chairmen is similar to the role undertaken by Area Plans Sub-Committee Chairmen, a Special Responsibility Allowance be paid totalling £3225 per annum to be divided equally between the six Licensing Sub-Committee Chairmen;

            (2)        That the level of implementation of the allowance for the Chairmen of the Licensing Sub-Committee be set at £2362 per annum;  and

            (3)        That the remaining recommendations of the Independent Remuneration Panel be noted.

To consider the attached report.

In accordance with Council Procedure Rule 2.1(xiv) and section 100B of the Local Government Act 1972, the Chairman has deemed this matter urgent business  in order to meet the timescale for responding to the consultation exercise.

Mover:  Councillor Philip (Planning and Technology Portfolio Holder - at the request of the Panel)

Councillor Philip submitted a report of the Panel proposing responses to questions posed in a Department for Communities and Local Government Consultation Paper on Planning for Traveller Sites.

By leave of the Council, Councillor Philip added the following further recommendations to the report of the Panel:

“(2)      That a meeting be requested with the Minister to discuss the experience of the previous consultation in connection with the Direction, with the intention of modifying the content of the final version of the Planning Policy Statement;  and

(3)        That local Members of Parliament be advised of the report and the request to meet the Minister”.

Councillor Philip emphasised that this was a central government consultation exercise and not one initiated by the District Council.

During the discussion, members suggested a number of alterations to the responses to the consultation including the following:

(a)        expansion of the answer to question 3 to include the words “There is a considerable contrast between the historic seasonal agricultural work patterns of Gypsy Roma Traveller and the work patterns that exist now.  The Council has seen, on average, 12 pitches provided per year over the past three years, but that rate of provision is high compared to what would normally occur”;

(b)        the reference in the answer to question 6 in the sixth line to “Section 11.23a” to read “Policy H, paragraph 23a”;

(c)        the answer to the first question of Option 3 of the Impact Assessment to start with the words “yes – there will be extra costs”, and not “no – there will be extra costs”;

(d)        the response to question 4, to include reference to the fact that artificial numbers can cause problems and existing sites recently receiving planning permission may suffer from such an approach;

(e)        the response to question 8, to express disagreement with the suggestion that the new emphasis on consultation will improve relations between the settled and traveller communities or indeed between different sections of the traveller community;  and reference to be made in that answer questioning the role of Local Community Plans;

(f)         the response to question 12, to include a comment that the use of a rural exception site policy is not considered to be an acceptable approach in the Green Belt given that traveller sites are “inappropriate development”.

In addition, it was suggested that as certain matters of concern to the Council could not be expressed in response to the set questions they be set out in the letter to the Minister seeking a meeting and that a copy of that letter be also appended to the response to the consultation exercise.

Further to the above matters, the Council considered the following motion:

Motion moved by Councillor Wagland and seconded by Councillor Mohindra

“That the following be added to the response to question (3) under the Impact Assessment heading:

“That the suspicions and misunderstandings arise from actual or perceived planning policies not  ...  view the full minutes text for item 36.

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

Councillor Brookes reported on her attendance at a meeting of the Loughton Leisure Centre Liaison Group.  She agreed to provide written details of some of her concerns to the Leisure and Wellbeing Portfolio Holder so that these matters could be pursued.