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 26 July 2011 (attached).

RESOLVED:

            That the minutes of the Council meeting held on 26 July 2011 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.

(a)            Apologies for Absence

(b)            Announcements

To consider any announcements by:

(i)         the Chairman of the Council;

(ii)        the Leader of the Council; and

(iii)       any other Cabinet Member.

(a)       Announcements by the Chairman of the Council

(i)         Attendance at Events

The Chairman reported on his attendance at the Council's Summer Play Schemes at the Metropolitan Police Sports Club in Chigwell.  He thanked all the staff involved in making the Play Schemes successful despite the indifferent weather conditions. 

The Chairman advised that he had visited the sites in Epping Forest being improved by over 100 Explorer Scouts.  He referred to the work they had undertaken to clear the pond at Snaresbrook.

The Chairman said he had enjoyed the 1940 Theme Mess function organised by the Epping and North Weald Squadron of the RAF Air Cadets held in the Control Tower at North Weald Airfield.  The Chairman advised that the Air Cadets had waited on their guests and he had been very impressed with their attention to detail. 

The Chairman reported on his attendance at the City Harvest Festival held at Capel Manor College which had celebrated the 13^th anniversary of farming and community gardening in London.  He advised that there were over 50 gardens and 17 farms throughout London which produced high quality food and cared for a variety of animals.  He pointed out that they provided a great opportunity for children to experience the countryside and animals within London. 

The Chairman said he had attended the "I Love Music Festival" held at the Council's District Museum.  He advised that the event had been a great credit to Epping Forest Arts and the Museum.

The Chairman referred to his attendance at the signing of the Business Charter which had represented an important part of the Council's commitment to help sustain local businesses and to encourage residents to shop locally.

The Chairman said he had intended to take part in the Starlight Walk in Loughton in aid of St Clare Hospice and had been disappointed that the event had been cancelled due to a poor response.  The previous year a similar event had raised £13,500 and the cancellation of this year's event would leave a gap in the Hospice's finances. 

The Chairman expressed disappointment at the limited number of councillors who had volunteered to take part in the White Water Rafting event in aid of his charity.  He reminded members that they could sponsor those taking part.

The Chairman reported on the Civic Lunch held at the Warren, at which an informed talk and walk through Epping Forest and a themed lunch had been well received.  He advised that the event had raised approximately £300 for his charity. 

The Chairman congratulated Councillor J M Whitehouse on finishing 10^th in the Copped Hall Five Mile Run organised by the Epping Rotary Club.

Finally, the Chairman advised that the District Council had won the annual Petanque match with Epping Town Council and he presented the trophy to Councillor D Stallan.

(ii)        Floral Display

The Chairman announced that he intended to send the flowers from tonight's meeting to St Clare Hospice. 

(b)       Announcements by the Leader  ...  view the full minutes text for item 63.

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, Greener and Highways 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, the Safer, Greener and Highways Portfolio Holder, and the Support Services Portfolio Holder.

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

(a)        Leader and Legal Portfolio Holder

The Leader advised that in relation to the legal aspects of her Portfolio a lot of work had been undertaken which had contributed to the other Portfolios. 

The Leader referred to the disorder in different parts of the country in early August and stated that in this District there had been comparatively little disturbance.  Arrests had been made in relation to damage to and theft from a shop in Buckhurst Hill and as a result of young people throwing stones in Loughton High Road. The Leader advised that debris/litter from an act of anson in a distribution centre in the adjoining London Borough of Enfield had entered the District but this had been non?toxic material and consideration was being given as to how this could be best cleared up. The Leader thanked Essex Police for their quick responses when required.  The Leader congratulated Council Officers for the work they had undertaken and referred specifically to the accurate briefings she had received from the Safer Communities Team.  She contrasted this with some inaccurate information which had been generated in certain quarters and advised that together with the Local Strategic Partnership consideration was being given as to the ways in which accurate information could be better provided to the public in relation to such events in future.

The Leader advised that she had given an interview to Essex Radio regarding the Olympic Games during which she had encouraged residents to plan ahead in relation to any proposed local events and had given an assurance that bureaucracy would not be put in the way of any such events. The Leader advised that she had also taken the opportunity to draw attention to the Leap cultural events which would be taking place in the District between October and May in the build up to the Olympic Games. 

The Leader reported that she had chaired the Business Charter launch referred to earlier by the Chairman and that consideration was being given as to further steps which could be taken by the Council in order to encourage residents to spend locally.

The Leader advised that she had recently attended a meeting of the Essex Leaders and Chief Executives.  Three main items had been discussed, the Essex Integrated Strategy, the proposed changes to Council Tax Benefit, and the Dales Farm, Basildon situation. The Leader advised that this Council had been given key seats on a group considering  ...  view the full minutes text for item 65.

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 6 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.

(i)         Buckhurst Hill Parking Review

Councillor Spencer asked the Safer, Greener and Highways Portfolio Holder if the proposed timescale for the completion of the Epping Parking Review would result in commencement of the Buckhurst Hill Scheme being delayed until after 31 March 2012.

Councillor Smith, Safer, Greener and Highways Portfolio Holder, advised that there had been no change from the timescale reported previously in relation to the Buckhurst Hill and Loughton Parking Reviews being progressed on a phased manner after completion of the Epping Parking Review. 

(ii)        Tickets for the Olympic Games

Councillor Stallan referred to the minutes of the meeting of the Council held on 28 June 2011 and asked the Leisure and Wellbeing Portfolio Holder when a decision would be taken by the Cabinet in relation to tickets which had been offered to the Council.  In that regard he questioned reference in the recent edition of the Forester which had indicated that tickets would be given to the Citizen of the Year and the Young Citizen of the Year.

Councillor Gadsby, Leisure and Wellbeing Portfolio Holder, stated that she would speak to officers and would advise Councillor Stallan of the outcome.

(iii)       Leader Lodge, North Weald – Designated Protected Area Status for North Weald

Councillor Grigg asked the Housing Portfolio Holder for information regarding the designated protected area status conferred nationally on rural areas, including North Weald, and the effects of this on the provision of shared ownership.

Councillor McEwen, Housing Portfolio Holder, advised that she would speak to officers and would respond to Councillor Grigg in writing.

(iv)      Brooker Road/Cartersfield Road Industrial Estate, Waltham Abbey

Councillor Wixley asked the Finance and Economic Development Portfolio Holder what had happened during the period from the expiry of a long standing ground lease in 2004 until the entering into a new lease reflecting the full market value of the buildings in 2011.  He also asked for what period the sum of £24,000 per annum would apply and he sought clarification of the term "full rack rent".

Councillor Mohindra, Finance and Economic Development Portfolio Holder, advised that he would need to check the period of the previous lease but he suspected that there had been a typographical error in his report.  He stated that he would speak to officers about this issue and also the length of time for which the £24,000 per annum would apply and he would make the information available to members.  Councillor Mohindra asked the Leader and Legal Portfolio Holder to define "full rack rent".

Councillor Wagland, Leader and Legal Portfolio Holder, advised that the term, "full rack rent", simply meant the open market rent. 

(v)       Fire Safety in Council Flats and Maisonettes

Councillor Richardson asked the Housing Portfolio Holder for a progress report in relation to the provision of mats, etc. in communal areas of flats and maisonettes. 

Councillor McEwen, Housing Portfolio Holder, advised that she had no further report to make at this time.  She pointed out that the letter received from  ...  view the full minutes text for item 66.

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.

Report to follow.

Mover:  Councillor Watts – Chairman of the Audit and Governance Committee

Councillor Watts submitted a report which had been considered by the Audit and Governance Committee.  He drew attention to the changes to the contents of the Statutory Statement for 2010/11 and to the independent auditors' comments.  The auditors had concluded that they were satisfied that, in all significant respects, the Council had put in place proper arrangements to secure economy, efficiency and effectiveness in issues and resources for the year ended 31 March 2011.

Councillor Mohindra thanked members of the Audit and Governance Committee for their consideration of the Statutory Statement.  He drew attention to the Council's financial position which had enabled its response to the austerity programme to be more measured than many other authorities who had already cut jobs and services.

Report as first moved ADOPTED

            RESOLVED:

            That the Statutory Statement of Accounts for 2010/11 be adopted.

To consider the attached report.

Mover:  Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report seeking a supplementary capital estimate to enable the engagement of consultants to prepare and submit a planning application for the redevelopment of the toilet block in Bakers Lane, Epping for use as a restaurant/takeaway service. 

Report as first moved LOST

            RESOLVED:

            That a supplementary capital estimate in the sum of £5,000 be not approved for 2011/12 to enable the engagement of consultants to prepare and submit a planning application for the redevelopment of the toilet block in Bakers Lane, Epping for use as a restaurant/takeaway service.

(Recorded in accordance with Council Procedure Rule 16.5, that Councillor Grigg abstained from voting on this matter.)

To consider the attached report.

Mover:  Councillor Bassett, Chairman of the Committee

Councillor Bassett submitted a report proposing changes to Council Procedure Rule 2 which stated that the Council would receive reports about and receive questions and answers on the business of joint arrangements and external organisations. 

Report as first moved ADOPTED

            RESOLVED:

            (1)        The Council Procedure Rule 2 be amended by substituting the existing paragraph (ix) with the following:

            "(ix)      receive from Council representatives written reports circulated in advance with the agenda for the meeting concerned on the business of joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice."

            and by adding the following new Rule (to be numbered (x));

            "(x)       request written reports from representatives on joint arrangements and external organisations for future meetings”;

            and that the following sub-paragraphs of Rule 2 be renumbered accordingly.

To note that the Leader of the Council has nominated Alan Hall, Director of Housing as a member of the Executive of ARCH. Nominations are to be considered at the ARCH Annual General Meeting on 19 September and an oral report will be made on the outcome.

The meeting noted that the Leader of the Council had nominated Alan Hall, Director of Housing, as a member of the Executive of ARCH.  The Leader reported that more nominations had been made than the places available but that Mr Hall had been co?opted as a member of the Executive of ARCH.

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

If the report under item 12 is approved earlier at the meeting new provisions will apply to this item.

There were no reports on the business of joint arrangements and external organisations under this item.

Councillor J H Whitehouse requested that a written report be made to the next meeting by Councillor Pryor, the Council's representative on the Royal Gunpowder Mills in view of the forthcoming Olympic Games.  Councillor Pryor agreed to submit a written report to the next meeting.

Councillor Morgan, the Council's representative on the Stansted Airport Community Trust advised that he would submit a written report to the next meeting on the work of the Trust.

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 I of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

            Agenda                 Subject                                         Exempt Information and

            Item Number                                                              Paragraph Number

            16                          Report of the Cabinet –                 3

                                          Supplementary Estimate

To consider the attached restricted report.

Mover:  Councillor Mohindra, Finance and Economic Development Portfolio Holder

Councillor Mohindra submitted a report seeking supplementary capital estimates to purchase two parcels of land in the vicinity of the Council's Pyrles Lane Nursery site in order to facilitate the sale of the Nursery site for residential development.

Report as first moved ADOPTED

            RESOLVED:

            That, supplementary capital estimates of £239,000 and £21,200 be approved for 2011/12 to purchase two parcels of land in the vicinity of the Council's Pyrles Lane Nursery site in order to facilitate the sale of the Nursery site for residential development.