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, on behalf of the Chairman of the Council, 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 18 June 2012 (attached)

            RESOLVED:

            That the minutes of the meeting held on 18 June 2012 be taken as read and signed by the Chairman as a correct record.

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

(a)       Pursuant to the Council's Code of Member Conduct, Councillor Breare?Hall declared a non- pecuniary interest in agenda item 10 (Report of the Cabinet – Supplementary District Development Fund Estimate – St John's Road, Epping Development Brief) by virtue of being a member of Epping Town Council.

(b)       Pursuant to the Council's Code of Member Conduct, Councillor Whitbread declared a non-pecuniary interest in agenda item 10 (Report of the Cabinet – Supplementary District Development Fund Estimate – St John's Road, Epping Development Brief) by virtue of being a resident of Epping.  In addition the Councillor made the following statement:

          "I wish to state that:

(a)       in my own response as a local resident to the public consultation, I stated that I was opposed to the provision of a supermarket;

(b)       my view has always been that the approved Development Brief should achieve the twin goals of revitalising the High Street economy and preserving its essential character;

(c)        it has never been my view that maximising the financial or return on the Council's land holding in that area should be the only objective of the authority, community benefits are equally important in my mind;  and

(d)       the decision as to whether a supermarket or indeed any other form of development will form part of the brief is not mine as Leader of the Council but one for the whole Council."

(c)        Pursuant to the Council's Code of Member Conduct, Councillor J M Whitehouse declared a non-pecuniary interest in agenda item 10 (Report of the Cabinet – Supplementary District Development Fund Estate – St John's Road, Epping Development Brief) by virtue of being an Epping Town Councillor and a resident of St John's Road, Epping. 

(d)       Pursuant to the Council's Code of Member Conduct, Councillor Avey declared a non- pecuniary interest in agenda item 10 (Report of the Cabinet – Supplementary District Development Fund Estimate – St John's Road, Epping Development Brief) by virtue of being a member of Epping Town Council.

(e)       Pursuant to the Council's Code of Member Conduct, Councillor J H Whitehouse declared a non- pecuniary interest in agenda item 10 (Report of the Cabinet – Supplementary District Development Fund Estimate – St John's Road, Epping Development Brief) by virtue of being a County Councillor representing the Epping and Theydon Bois Division.

(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)    Epping Forest Countrycare – Essex Wildlife Trust Living Landscape Awards

The Chairman to present two Living Landscape Awards from the Essex Wildlife Trust to Councillor Waller, Safer, Greener and Highways Portfolio Holder, and Epping Forest Countrycare officers, Nicola Rogers (Assistant Countryside Manager) and Kevin Mason (Countryside Assistant). The awards are part of a national initiative to create landscapes which provide enhanced conditions for wildlife to thrive.

(a)       Announcements by the Chairman of the Council

(i)         Olympic Games – Torch Relay

The Chairman reported that on 7 July 2012 the Olympic Torch had arrived at Waltham Abbey and that by 7.00 a.m. the streets had been full and a carnival atmosphere underway.  He advised that after the Torch had passed through to much acclaim, a party had followed with a procession led by the Epping Pipe Band, himself, Councillor Webster – Chairman of the Waltham Abbey Town Council, Eleanor Laing MP, Councillor Whitbread, Leader of the Council and other local mayors and dignitaries.  He advised that having crossed the Meridian Line where dragons signified "East meets West" entertainment had been provided by dancers and musicians outside the Epping Forest District Museum.  He continued that had been followed with further entertainment being provided by staff from the District Council's Leisure Services and the Lee Valley Regional Park in the Abbey Gardens.

The Chairman stated that the Council owed a debt of gratitude to the officers of the Council led by the Acting Chief Executive and orchestrated by the Director of Environment and Street Scene for the manner in which the event had been organised. 

The Council watched a short video of the event. 

(ii)        Olympic Games Tickets

The Chairman announced that as "host authority" for the Olympic Games the Council had been able to apply for and purchase a number of tickets for the Games.  He advised that the Council had previously decided to award tickets to the Citizen of the Year Award winner and the two runners up and also to the Young Citizen of the Year Award winner and the two runners up.  In addition, tickets had been given to King Harold School as the school nearest to the Olympic venue at the Lee Valley Park White Water Centre.

The Chairman advised that the remaining tickets had been allocated to deserving residents of the District.  He informed the Council that there had been an excellent response to an advertisement for residents to nominate deserving recipients and a panel of judges made up of himself, Councillor Sartin (Vice-Chairman) and Councillor Webster (Olympic Champion) had met to discuss the applications received.  Whilst all the applicants had been worthy of tickets, as the Council only had a limited number available the panel had decided to allocate the tickets to those persons who had volunteered widely throughout the District.  He advised that the tickets had been allocated to a wide range of ages and that some of the recipients in addition to volunteering for a number of years had coped with health problems or had overcome adversity throughout their lives.

The Chairman stated that the winners' citations showed that this District had a large number of volunteers working with young people, the elderly, involved with fund raising, organising or running community and voluntary groups across all areas.  He continued that without those volunteers, communities would really suffer and in his opinion the winners were hugely deserving of receiving  ...  view the full minutes text for item 23.

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 and members of the Cabinet on matters falling within their area of responsibility:

(a)         Report of the Leader;

(b)     Report of the Asset Management and Economic Development Portfolio Holder;

(c)         Report of the Environment Portfolio Holder;

(d)     Report of the Finance and Technology Portfolio Holder;

(e)        Report of the Housing Portfolio Holder;

(f)          Report of the Leisure and Wellbeing Portfolio Holder;

(g)     Report of the Planning Portfolio Holder;

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

(i)      Report of the Support Services Portfolio Holder.

The Council received written reports from the Asset Management and Economic Development Portfolio Holder, the Environment Portfolio Holder, the Finance and Technology Portfolio Holder, the Housing Portfolio Holder, the Leisure and Wellbeing Portfolio Holder, the Planning Portfolio Holder, the Safer, Greener and Highways Portfolio Holder and the Support Services Portfolio Holder.  The Council also received an updated written report from the Environment Portfolio Holder.

The Chairman invited the Leader to provide an oral report and the other members of the Cabinet to give an oral update of their written reports.

(a)        Leader

Councillor Whitbread informed the Council that he had been elected Chairman of One Epping Forest, the Local Strategic Partnership (LSP) at their board meeting on 14 June.  The partnership had received a presentation from the Local Future's Group on the potential future demographic and socio?economic changes affecting the District.  This had been timely given that the Council's Local Plan Issues and Options consultation had also been on the agenda.  Councillor Whitbread informed the Council that he had been impressed by the productive work being undertaken by the LSP thematic groups around children, safer and sustainable communities and health.

The Leader advised that he had attended a meeting of the Essex Leaders and Chief Executives.  Further concern had been expressed about the Localisation of Council Tax Benefit and welfare reform generally.  Assurances had been given around the need to make sure that any local schemes in Essex had common core criteria although some local variations to reflect individual District needs would no doubt be necessary.  Councillor Whitbread referred members to the report which had been made to the Council's Cabinet on this issue on 23 July.  He reported that the Leaders and Chief Executives had also received an update on the Whole Essex Community Budgets Pilot and the establishment of the new Police and Crime Panel in advance of the Commissioner's election later in the year.  The meeting had also received a presentation from the Chief Fire Officer on the emergency planning arrangements for the Olympic Games. 

Councillor Whitbread reported that he had also attended a meeting of the London Anglia Local Enterprise Partnership which was proposing a local enterprise partnership focused on the Lee Valley/M11 corridor. 

The Leader advised that members of the Cabinet had recently met with local Essex County Councillors and Members of Parliament as part of the joint liaison arrangements which had been in place for a number of years.  At that meeting discussions had taken place regarding the Local Plan preparation and the Localisation of Council Tax Benefit.  The meeting had also discussed the new arrangements for Highways Panels and had received progress reports on the St John's Road and Langston Road developments.  Councillor Whitbread advised the Council that he had also received feedback from a meeting held with the Epping and Ongar Railway, local town and parish councils and residents' representatives.  He expressed the hope that as some residents still had concerns about the railway operation another meeting could be convened in  ...  view the full minutes text for item 25.

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.

(a)        Asbestos in Council Buildings

Councillor Markham asked the Leader what steps had been taken regarding the identification and removal of asbestos material from Council buildings in the light of a previous decision to inspect all buildings and produce a programme of works. 

Councillor Whitbread acknowledged the very serious problem of asbestos material in buildings which in many cases did not come to light for many years.  He thanked Councillor Markham for drawing attention to this matter and advised that he would place a detailed response in the Council Bulletin.

(b)       Buckhurst Hill Parking Review

Councillor Spencer asked the Safer, Greener and Highways Portfolio Holder for the current timetable in relation to the Buckhurst Hill Parking Review. 

Councillor Waller advised that he had recently met representatives of Buckhurst Hill.  He acknowledged that the parking review exercise undertaken in Epping had not been ideal and had not satisfied many of the local residents.  Accordingly, different approaches were being explored in relation to the Buckhurst Hill Review.  He emphasised that he wished local ward members to play a leading role in determining the consultation exercise with the aim of producing proposals which would generally meet with approval. 

(c)        Local Plan Issues and Options Consultation – Engagement Programme

Councillor Wagland referred to the range of activities arranged during the forthcoming Issues and Options engagement period and pointed out that there were no exhibitions or workshops proposed in the Chigwell, Grange Hill or Buckhurst Hill areas.  She asked if local councils could request additional exhibitions and workshops and suggested that in view of the number of potential sites in Chigwell there ought at least to be some events held there.

Councillor Whitbread, in the absence of the Planning Portfolio Holder, stated that he had already asked officers to review the engagement programme and that he would now emphasise to them the need to include Chigwell within the exhibition and workshop programme. 

(d)       North Essex Parking Partnership – Emptying of Pay and Display Machines

Councillor McEwen asked the Safer, Greener and Highways Portfolio Holder who would be responsible for emptying the pay and display machines in Council car parks when the Partnership took over responsibility for enforcement.  She pointed out that failure to empty the machines on a regular basis had been a problem in the past in Ongar and asked if the Portfolio Holder expected the position to be improved once the Partnership took over responsibility.

Councillor Waller, Safer, Greener and Highways Portfolio Holder advised that he would provide a written response in the Council Bulletin after speaking to officers.

(e)       North East Parking Partnership - Funding

Councillor Jacobs referred to the written report of the Safer, Greener and Highways Portfolio Holder in which reference had been made to the Partnership within a relatively short period moving from requiring subsidy to a position of surplus.  He asked how this had been achieved and questioned the method of apportioning the surplus between authorities. 

Councillor Waller, Safer, Greener and Highways Portfolio Holder stated that any  ...  view the full minutes text for item 26.

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 Chairman reported that there were no motions to be considered 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.

The Chairman reported that there were no questions under notice to be considered at this meeting.

(Councillor Grigg – Asset Management and Economic Development Portfolio Holder) To consider the attached report.

Mover:  Councillor Grigg, Asset Management and Economic Development Portfolio Holder

Councillor Grigg submitted a report seeking a supplementary DDF estimate to cover expenditure incurred since December 2008 and currently met from the Local Plan budget and to cover the reasonable further expenditure envisaged to complete the St John's Road project.

Councillor J M Whitehouse questioned why there was no reference in the report to the expenditure incurred in receiving consultancy advice from Savills aimed at ensuring the Council maximised the value and benefits from the development.  He also asked about the use of capital receipts from the disposal of any District Council owned land within the area and he sought assurances that planning advice would be taken into account in relation to any future decisions as well as financial considerations.

Councillor Grigg advised that the fee for Savills had been met from existing provision within a consultancy budget of the Corporate Support Services Directorate.  She confirmed that any capital receipts could go some way to defraying the costs of the Development Brief.  She advised that a draft Development Brief would be considered by Planning Officers and that they had already been consulted on a number of specific issues.  She said that she anticipated a Development Brief being considered by the Cabinet in September 2012.

Councillor J H Whitehouse drew attention to the need to undertake two traffic surveys because the first one had been inadequate and she asked whether there was any possibility of money being recovered from that first survey.

Councillor Mohindra, former Finance and Economic Development Portfolio Holder advised that the initial traffic survey had been undertaken for different reasons and that in an attempt to save costs it had been used for the St John's Road project.  However, it had become clear that a more detailed survey would be required which had led to a second survey.

Councillor Grigg advised that a further meeting was to be held with the Council's consultants shortly to finalise arrangements and that she would update members on progress in the Council Bulletin.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary DFF estimate of £115,000 be approved to cover expenditure from outside the Local Plan budget:

            (a)       to reinstate the sum of £105,000 to the Local Plan budget;  and

            (b)       to provide £10,000 to cover further expenditure to produce the Development Brief for the Council.

(Councillor Bassett – Planning Portfolio Holder) To consider the attached report.

Mover:   Councillor Whitbread, Leader, in the absence of Councillor Bassett (Planning Portfolio Holder)

Councillor Whitbread submitted a report seeking a supplementary DDF estimate to ensure that the Local Plan could be completed on time.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary DDF estimate of £160,000 be approved to ensure that there are sufficient resources available to deliver the Local Plan on time.

(Councillor Breare-Hall – Environment Portfolio Holder) To consider the attached report.

Mover:  Councillor Breare-Hall, Environment Portfolio Holder

Councillor Breare-Hall submitted a report seeking a supplementary capital estimate to purchase five replacement mowing machines.

Report as first moved ADOPTED

            RESOLVED:

            That a supplementary capital estimate of £123,750 for 2012/13 be approved in order to enable the Directorate of Environment and Street Scene's Grounds Maintenance Section to purchase five Ransomes' Highway3 ride?on?mowers.

(Councillor Wagland – Leader of the Council 2011/12) To receive the attached report.

Mover:   Councillor Wagland, former Leader and Legal Portfolio Holder

Councillor Wagland submitted a report providing a resume of major policy issues determined and a summary of issues discussed by the Cabinet across the various Portfolios during 2011/12. 

Report as first moved ADOPTED

            RESOLVED:

            That the Annual Report of the Executive – 2011/12 be noted.

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

(b)   Reports of the Overview and Scrutiny Committee (if any);

(c)   Reports of Overview and Scrutiny Panels (if any); and

(d)   Overview and Scrutiny Annual Report 2011/12.

(a)        Report of the Chairman of the Overview and Scrutiny Committee

The Council received a written report from Councillor Morgan, the Chairman of the Overview and Scrutiny Committee.

Councillor Smith asked the Chairman of the Committee if he would consider inviting a Senior Manager from Royal Mail to address a future meeting of the Committee about concerns being expressed by members and the public about local service changes which had recently been published. 

Councillor Morgan asked Councillor Smith to put her request in writing to officers so that the Committee could consider adding this issue to its work programme.

(b)       Reports of the Overview and Scrutiny Committee

The Chairman announced there were no reports to be considered under this item.

(c)        Reports of Overview and Scrutiny Panels

The Chairman announced there were no reports to be considered under this item.

(d)       Overview and Scrutiny Annual Report 2011/12

Mover:  Councillor Morgan, current Chairman of the Committee in the absence of the former Chairman, Councillor Bassett

Councillor Morgan presented the seventh Annual Report under the scrutiny regime established by the Council in April 2005, incorporating the Scrutiny Standing and Task and Finish Panels.

Councillor Murray drew attention to the section of the report relating to the Housing Scrutiny Standing Panel and he encouraged all members to attend the presentation being given on 7 August 2012 regarding the progress that had been made since letting the Innovative Insourcing Contract with Mears as the external repairs management company.

(Councillor Angold-Stephens) To consider the attached report.

Mover:  Councillor Angold-Stephens, Chairman of the Committee

Councillor Angold-Stephens presented a report proposing re?designation of part of Honey Lane as a consent street under the provisions of the Local Government (Miscellaneous Provisions) Act 1982.

Report as first moved ADOPTED

            RESOLVED:

            (1)        That the Council adopts a policy on the grounds of road safety against issuing a street trading consent on any of that part of Honey Lane which is adopted public highway;  and

            (2)        That the Council agrees that only the Licensing Sub?Committee should have delegated authority to issue a consent for street trading on any of that part of Honey Lane which is adopted public highway.

To note the attached decision taken by the Leader of the Council since the last meeting of the Council.

(a)        Local Plan Cabinet Committee – Terms of Reference

The Council noted a decision taken by the Leader since the last meeting of the Council.

(b)       Local Plan – "Community Choices – Issues and Options" – Consultation

The Council noted a decision taken by the Leader since the last meeting of the Council.

(a)           To receive the attached report from Councillor Angold-Stephens (deputy representative) on the business of the Epping Forest Citizens’ Advice Bureau and answers to any questions on that body which may be put without notice;

(b)           To receive reports from other Council representatives (attached - if any) 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

(c)           To request written reports from representatives on joint arrangements and external organisations for future meetings.

(a)        Epping Forest Citizens' Advice Bureau

The Council received a report from Councillor Angold-Stephens (deputy representative) on the business of the Epping Forest Citizens' Advice Bureau.  He drew attention to the difficulties facing the Bureau in relation to their premises and emphasised the need for the District Council to continue to provide support.

(b)       Reports to Future Meetings

There were no requests for representatives on other outside organisations to submit a report to the next meeting of the Council.