Agenda and minutes

Council - Thursday 27th September 2012 7.30 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Council Secretary: Ian Willett  Tel: 01992 564243 Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

37.

WEBCASTING INTRODUCTION

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”

Additional documents:

Minutes:

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.

38.

MINUTES pdf icon PDF 81 KB

To approve as a correct record and sign the minutes of the meeting held on 31 July 2012 (attached).

Additional documents:

Minutes:

            RESOLVED:

 

            That the minutes of the meeting held on 31 July 2012 be taken as read and signed by the Chairman as a correct record.

39.

DECLARATIONS OF INTEREST

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

Additional documents:

Minutes:

(a)       Pursuant to the Council's Code of Member Conduct, Councillor Breare?Hall declared a non?pecuniary interest in agenda item 11 (Report of the Cabinet – Development and Design Brief – St John's Road Area, Epping) by virtue of being a member of Epping Town Council.  The Councillor stated that he would remain in the meeting for the consideration and voting on this matter.

 

(b)       Pursuant to the Council's Code of Member Conduct, Councillor Whitbread declared a non?pecuniary interest in agenda item 11 (Report of the Cabinet – Development and Design Brief – St John's Road Area, Epping) 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."

 

The Councillor advised that he would remain in the meeting for the consideration and voting on this matter.

 

(c)        Pursuant to the Council's Code of Member Conduct, Councillor J M Whitehouse declared a non?pecuniary interest in agenda item 11 (report of the Cabinet – Development and Design Brief – St John's Road Area, Epping) by virtue of being an Epping Town Councillor.  He also declared a disclosable pecuniary interest in this item by virtue of being a resident of St John's Road, Epping within the Development and Design Brief Area.  The Councillor advised that he would leave the meeting for the consideration and voting on this item.

 

(d)       Pursuant to the Council's Code of Member Conduct, Councillor J H Whitehouse declared a non?pecuniary interest in agenda item 11 (Report of the Cabinet – Development and Design Brief – St John's Road Area, Epping) by virtue of being a County Councillor representing the Epping and Theydon Bois Division.  The Councillor advised that she would remain in the meeting for the consideration and voting on this matter.

 

(e)       Pursuant to the Council's Code of Member Conduct, Councillor Avey declared a non?pecuniary interest in agenda item 11(Report of the Cabinet – Development and Design Brief – St John's Road Area, Epping) by virtue of being a member of Epping Town Council.  The Councillor advised that he would remain in the meeting for the consideration and voting on this matter.

40.

ANNOUNCEMENTS

(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.

Additional documents:

Minutes:

(a)       Announcements by the Chairman of the Council

 

(i)         Mr G Chipp – Chief Executive

 

The Chairman welcomed to the meeting Glen Chipp, the Council's new Chief Executive who would be commencing employment with the Council the following week.

 

(ii)        Attendance at Events

 

The Chairman reported on his attendance at some events held since the last Council meeting.  On 24 August he had visited a scout conservation project held in Epping Forest in conjunction with Epping Forest Centenary Trust, with funding from the City of London.  Members noted that this yearly event involved approximately 100 explorer scouts camping at High Beach and carrying out conservation work at sites throughout the Forest under the guidance of Epping Forest Centenary Trust.

 

The Chairman reported that it had been a privilege to entertain the Mayor of Bodo, veterans and serving senior military officers from the Royal Norwegian Air Force on Friday 7 September and the weekend of 8 and 9 September.  The seven veterans in attendance aged between 91 and 96 had formed part of the 331 and 332 squadrons which had been stationed at North Weald during the 2nd World War. He advised that speeches and presentations had reaffirmed the ties of friendship between the two communities forged during the Second World War.

 

The Council noted that the Chairman had attended a Battle of Britain Service held at St Andrew's Church, North Weald which had included the laying up of the old Standard of 56 Squadron the Royal Air Force. The Chairman stated that the service had been a very moving experience.

 

The Chairman advised that he would report to the next Council meeting on the Civic Lunch which had been held earlier in the day at the Lambourne End Outdoor Education Centre. 

 

The Chairman reported with regret that the District Council had lost for the first time in five years the Annual Petanque match with Epping Town Council.  He pointed out that the Town Council team had comprised two members who were also District Councillors. 

 

(iii)       Epping Forest District Youth Council

 

The Chairman welcomed members of the Youth Council to the meeting.

 

(iv)      Floral Display

 

The Chairman announced that he intended to send the flowers from tonight's meeting to Parsonage Court, Loughton.

 

(b)       Announcements by the Leader of the Council

 

The Leader advised that he had no announcements to make under this heading.

 

(c)       Announcements by Portfolio Holders

 

There were no announcements made by Portfolio Holders under this heading.

41.

PUBLIC QUESTIONS

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.

Additional documents:

Minutes:

The Council noted that there were no public questions for this meeting.

42.

REPORTS FROM THE LEADER AND MEMBERS OF THE CABINET pdf icon PDF 23 KB

 

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 (report to follow);

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

(i)    Report of the Support Services Portfolio Holder.

Additional documents:

Minutes:

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

 

(a)        Leader of the Council

 

Councillor Whitbread reported that since the last meeting of the Council he had attended a number of external meetings of importance to the future of the District as well as hosting a number of key internal meetings. 

 

The Leader advised that he had attended a meeting of the Essex Leaders and Chief Executives’ Forum which had concentrated on the Whole Essex Community Budget Project and the potential for Essex authorities to bid to Central Government for a "City Deal" for growth.  The Council noted that Essex was one of only four Community Budget pilots nationally, designed to explore how statutory agencies could work together more collaboratively on a number of key issues, increase efficiency and deliver savings.  He reported that a number of business cases had been developed for submission to the Department for Communities and Local Government and the Treasury.  He emphasised that although being engaged in the development of the business cases and supporting their aspirations in principle he had been consistent in stating that any future joint working on community budgets would not be at the expense of any loss of sovereignty to this Council and certainly at no financial disadvantage.

 

Councillor Whitbread reported that on 7 September, as Chairman of the Local Strategic Partnership, he had hosted a visit of the West Essex Economic Development Alliance, led by its Chairman, Nick Barton, who was Chief Executive of BAA Stansted Airport.  He advised that the visit had also been attended by the Asset Management and Economic Development Portfolio Holder and a range of partners across West Essex, the Lee Valley Regional Park Authority and the Chairman of the London Anglia Growth Partnership.  A number of locations across the District had been visited designed to demonstrate the potential and priority areas within the emerging local economic development strategy.  The tour had finished with a visit to Valley Growers in Waltham Abbey who produced a third of Britain's cucumbers. 

 

The Leader reported that he had met with Eleanor Laing MP, the Planning Portfolio Holder, the Acting Chief Executive and the Director of Planning and Economic Development to discuss the Local Plan and, in particular, the Issues and Options consultation process.  Councillor Whitbread thanked local ward members, the vast majority of whom had been very helpful and supportive at the local consultation meetings, in support of the Council's Planning Officers. 

 

The Leader reported that he had chaired the LSP Steering Group on 14 September when consideration had been given to the affects of the downsizing of the  ...  view the full minutes text for item 42.

43.

QUESTIONS BY MEMBERS WITHOUT NOTICE

Council Procedure Rule 12.6 provides for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

 

(i)   reports under item 5 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 12.7 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)     where the desired information is in a publication of the Council or other published work, a reference to that publication;

(c)     where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(d)     where the question relates to an operational matter, the Leader 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 12.8, 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.

Additional documents:

Minutes:

 

(a)        Epping and Buckhurst Hill Parking Reviews

 

Councillor J M Whitehouse drew attention to the written report of the Safer, Greener and Highways Portfolio Holder in which it was stated that the Epping Parking Review had been completed.   He advised that certain roads in Epping had not been painted with the appropriate yellow lines and asked the Portfolio Holder when this work would be undertaken.  He also sought information about the progress of the Buckhurst Hill Parking Review. 

 

Councillor Waller stated that he had consulted the District Council representatives for Buckhurst Hill on the proposals for that area and the consultation exercise was due to be completed the following day.  He advised that following that process discussions would take place with the County Council as implementation would be a matter for that authority although the District Council had set aside funds for the review.  Councillor Waller said that there was a programme for the replacement of yellow line markings on highways but he did not have the details to hand.  He reported that future traffic regulation order schemes would be considered by the North Essex Parking Partnership and priorities would be determined.  He said that he hoped to be able to inform members about proposed schemes in the near future.

 

(b)       Local Plan Issues and Options Consultation

 

Councillor Wagland asked the Planning Portfolio Holder if he agreed that the comment included in his written report about the non-receipt of leaflets by residents was an understatement bearing in mind that residents of Chigwell had not received leaflets.

 

Councillor Bassett pointed out that the distribution of leaflets had been only one method of drawing attention to the consultation exercise.  He pointed out that numerous methods had been used to publicise the process including the Council's website, press briefings and liaison with parish and town councils.  In relation to the distribution of leaflets he advised that the company used by the Council had used GPS tracking and had been able to show extensive coverage of the District.  He acknowledged that an area of Chigwell had been missed and apologised for that omission.  He also advised that letters had been sent to those who had suggested land for inclusion in the Issues and Options document and to the statutory bodies.  He undertook to place an item in the Council's Bulletin explaining the consultation exercise in more detail.

 

(c)        Housing Register

 

Councillor Wixley drew attention to the Housing Portfolio Holder's written report regarding steps to reduce the size of the Housing Register.  He asked the Portfolio Holder if such reduction had been taken into account in relation to the preparation of the Local Plan and the number of houses to be built. 

 

Councillor Stallan, Housing Portfolio Holder, stated that he would liaise with the Planning Portfolio Holder on this matter and that they would publish a reply in the Council Bulletin.

 

 

 

 

 

(d)       Precedence of the Local Plan over Development Briefs and Consultancy Exercises

 

Councillor Watson drew attention to the advice of Counsel that the Local  ...  view the full minutes text for item 43.

44.

MOTIONS pdf icon PDF 14 KB

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.

Additional documents:

Minutes:

(a)        Appointment of Independent Persons under the Localism Act 2011

 

Moved by Councillor J H Whitehouse and seconded by Councillor Stallan

 

"That this Council –

 

(a)        deplores the loss of expertise of experienced independent members from the previous Standards Committee because of the Government's decision not to permit them to be appointed as independent persons for a term of office which extends beyond June 2013;

 

(b)        agrees that, not only is this excluding experienced people with considerable expertise, but has also wasted considerable investment in training and advice provided for independent members by Council officers;

 

(c)        notes that the role of independents has not changed fundamentally under the new standards arrangements;  and

 

(d)        calls upon the Government to amend the legislation to allow independent members of the previous Standards Committees to apply to become independent persons under the new standards arrangements on a continuing basis and makes representations to that effect to the Secretary of State for Communities and Local Government."

 

Amendment moved by Councillor Whitbread and seconded by Councillor Bassett

 

"That the words "and the other two local members of Parliament" be inserted after the words "Local Government" in paragraph (d)."

 

Carried

 

Motion as amended ADOPTED

 

RESOLVED:

 

That this Council –

 

(a)        deplores the loss of expertise of experienced independent members from the previous Standards Committee because of the Government's decision not to permit them to be appointed as independent persons for a term of office which extends beyond June 2013;

 

(b)        agrees that, not only is this excluding experienced people with considerable expertise, but has also wasted considerable investment in training and advice provided for independent members by Council officers;

 

(c)        notes that the role of independents has not changed fundamentally under the new standards arrangements;  and

 

(d)        calls upon the Government to amend the legislation to allow independent members of the previous Standards Committees to apply to become independent persons under the new standards arrangements on a continuing basis and makes representations to that effect to the Secretary of State for Communities and Local Government and the other two local Members of Parliament.

45.

QUESTIONS BY MEMBERS UNDER NOTICE pdf icon PDF 31 KB

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.

Additional documents:

Minutes:

(a)        Pyrles Lane Nursery, Loughton

 

By Councillor Angold-Stephens to Councillor Breare-Hall, Environment Portfolio Holder

 

“As a consequence of the application for outline planning permission to build houses on the Pyrles Lane Nursery site, Loughton, it is proposed to move the plant nursery to a much smaller site -

 

(a) .Does Councillor Breare – Hall agree that downsizing the nursery so that the skilled horticultural staff are no longer able to grow their own plants to enhance the district, is a retrogressive step, and that even if a cost saving can be demonstrated, it is not  environmentally sound  to only use expensive imported plants; and

 

(b) Small plants bought in to grow on, also eventually need space, so does he further agree that in the current climate of self-sufficiency and sustainability, the Council should be seeking an adequate site to grow its own plants thereby setting a good example of Localism at work in the district?” 

 

Response of Councillor Breare-Hall, Environment Portfolio Holder

 

“Should it be necessary to relocate the site of the Nursery, the Council's skilled horticultural staff will continue to produce plants that enhance the District. Any plants that are bought in will be sourced in the UK, not overseas, and will be provided against a detailed specification drawn up to guarantee the type, quality and quantity of plant stock required. That this can be achieved whilst also saving in the order of £45,000 per annum is progressive, not retrogressive. 

 

The points made in (a) and (b) were explored in some detail at the Overview and Scrutiny Committee meeting held on the 17th of July, when the call-in on the Asset Management Portfolio Holder’s decision (AMED/002/2012-13) to make an outline planning application for housing development on the location of the Pyrles Lane Nursery was considered.  Having heard the views of the call-in proponents and the response of the Portfolio Holder, Overview and Scrutiny Committee resolved that the original Portfolio Holder decision should remain, without amendment.   

 

The Council is having to take a strategic view of its depot holdings and requirements as part of its reviews of landholdings, future housing requirements and financial situation.  Should the result of this be that the nursery service is required to relocate I am confident it will be able to maintain its current excellent service”.

 

Supplementary Question by Councillor Angold-Stephens

 

Councillor Angold-Stephens asked the Portfolio Holder if he had taken into account the capital cost of relocating the nursery including the cost of putting the alternative site in Oakwood Hill into an acceptable condition.

 

Response of Councillor Breare-Hall, Environment Portfolio Holder

 

Councillor Breare-Hall stated that he had not considered those matters.

 

 

 

 

 

(b)       Loughton High Road

 

By Councillor Mann to Councillor Waller, Safer, Greener and Highways Portfolio Holder

 

“(a)   What pressure if any, is being put on the County Council to rejuvenate Loughton High Road, which is now beginning to look in quite a bad state of repair, many broken pavers that have become trip hazards, many displaced kerb stones, several places where  ...  view the full minutes text for item 45.

46.

STATUTORY STATEMENT OF ACCOUNTS 2011/12 pdf icon PDF 95 KB

A report to be considered by the Audit and Governance Committee on 24 September 2012 is attached together with the Statutory Statement of Accounts 2011/12.

 

The Chairman of the Audit and Governance Committee will report orally on that Committee’s consideration of and recommendations regarding the Statutory Statement of Accounts 2011/12.

Additional documents:

Minutes:

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 advised that in order to allow members time to consider the Statutory Statement of Accounts they had been issued with the Council agenda prior to the completion of the external audit and to consideration of the accounts by the Audit and Governance Committee.  He drew attention to tabled pages which represented the final version of the Statement incorporating the views of the external auditors and the Committee.  Councillor Watts advised that the external 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 its use of resources for the year ended 31 March 2012.

 

Councillor Watts thanked the Director of Finance and ICT and his staff and the external auditors for their work in relation to the preparation of the Statutory Statement.

 

Councillor Stavrou, Finance and Technology Portfolio Holder thanked Councillor Watts for his report.  She drew attention to the Council's financial position as set out in the Statement. 

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That the Statutory Statement of Accounts for 2011/12 be adopted.

47.

REPORT OF THE CABINET - DEVELOPMENT AND DESIGN BRIEF - ST JOHN'S ROAD AREA, EPPING pdf icon PDF 26 KB

To consider the attached report.

Additional documents:

Minutes:

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

 

By leave of the Council, Councillor Grigg substituted the words "compared with" for the word "balanced" in the last paragraph on page 20 of the Brief. The Council approved this change.

 

At the request of Councillor Grigg, the Monitoring Officer responded to a question raised by Councillor Avey.  The Monitoring Officer advised that she had been informed by Essex County Council that it was in no doubt about its ownership of land in the area.  She asked Councillor Avey to provide documentary evidence to the contrary if he wished to dispute this view. 

 

In response to a further question, Councillor Grigg stated that copies of the Brief had been sent to the County Council and to Epping Town Council but no responses had yet been received so she was unable to confirm that they endorsed the content of the Brief.

 

In moving the recommendations Councillor Grigg drew attention to the advice of Counsel which had been sought following the meeting of the Cabinet.

 

            RESOLVED:

 

            (1)       That the following wording be added to the Development and Design Brief as part of the introduction:

 

            "The Local Plan is currently in preparation at the Regulation 18 consultation stage.  The outcome of the responses to the consultation may further influence any proposals provided within the Design and Development Brief.  The Local Plan will take precedence over the Design and Development Brief";

 

            (2)       That, subject to (1) above, and to the substitution of the words "compared with" for the word "balanced" in the last paragraph of page 20 of the Brief, the Development and Design Brief for the St John's Road Area, Epping attached as an Appendix to the report of the Cabinet be adopted as non?statutory planning guidance having the status of a material planning consideration in the assessment of any future planning applications for the site;  and

 

            (3)       That the Development and Design Brief be reviewed following consideration of the Community Choices consultation responses in relation to the relevant area.

 

(Recorded in accordance with Council Procedure Rule 17.5 that Councillor J H Whitehouse abstained from voting on this matter).

48.

REPORT OF THE CABINET - SUPPLEMENTARY DDF ESTIMATE - NORTH WEALD AIRFIELD CONSULTANCY pdf icon PDF 25 KB

To consider the attached report.

Additional documents:

Minutes:

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

 

Report as first moved ADOPTED

 

            RESOLVED:

 

            That a Supplementary District Development Fund estimate of £150,000 be approved to enable a further consultancy exercise to be undertaken in relation to the future potential development of North Weald Airfield.

 

(Recorded in accordance with Council Procedure Rule 17.5 that Councillors J H Whitehouse and J M Whitehouse voted against the resolution.)

49.

OVERVIEW AND SCRUTINY pdf icon PDF 61 KB

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

 

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

 

(c)   Reports (attached) of the Constitution & Member Services Scrutiny Panel on:

 

(i)  Audit & Governance Committee – Review of Constitution Article 11

 

(ii) Complaints Panels – Jurisdiction

 

(iii) Substitution Arrangements  

 

Additional documents:

Minutes:

(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.

 

(b)       Reports of the Overview and Scrutiny Committee

 

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

 

(c)        Reports of Overview and Scrutiny Panels

 

(i)      Report of the Constitution and Member Services Scrutiny Standing Panel – Audit and Governance Committee – Review of Constitution Article 11

 

Mover:   Councillor Sartin, Chairman of the Panel

 

Councillor Sartin sought leave of the Council to change the wording of recommendation (1)(e) to read "co?opted members of the Committee to be subject to the same attendance standards as apply to councillor members of the Committee during their terms of office as set out in paragraph (b)(iii) above".  The Council approved this change.

 

The Council noted the legal requirement under the Local Government and Housing Act 1989 for the adoption of the recommendation concerning the removal of the requirement for the three seats for councillors on the Committee to be allocated according to pro rata rules to be approved with no member of the Council voting against.

 

Report as amended ADOPTED

 

            RESOLVED UNANIMOUSLY:

 

            (1)        That the following alterations to the terms of reference of the Audit and Governance Committee as set out in Article 11 of the Constitution be approved:

 

            (a)        removal of the requirement for the three seats of councillors on the Committee to be allocated according to pro rata rules;

 

            (b)        inclusion of new membership requirements for the three councillor seats, namely:

 

            (i)         that the seats should be allocated so they are not all drawn from one political group and are also open to councillors who are not affiliated to any political group;

 

            (ii)        that the three councillors concerned should be appointed on the basis of experience, aptitude and interest on the recommendation of the Council's Appointments Panel;

 

            (iii)       that formal attendance standards be operated in respect of the three councillor members when re?appointment is under consideration by the Council's Appointments Panel;

 

            (iv)       that the Chairman and co-opted members of the Audit and Governance Committee be consulted informally about the appointment or re?appointment of councillors at the appropriate time;

 

            (c)        appointment of the Chairman and Vice-Chairman to be the responsibility of the Committee rather than the Annual Council meeting;

 

            (d)        the offices of Chairman and Vice-Chairman of the Committee to be open to councillors or co?opted members on an equal basis provided that where the Chairman is a councillor, the Vice-Chairman shall be one of the co?opted members and vice versa;

 

            (e)        co?opted members of the Committee to be subject to the same attendance standards as apply to councillor members of the Committee during their terms of office as set out in paragraph (b)(iii) above;

 

            (f)         co-opted members to serve for overlapping terms of three years subject to the following conditions:

 

            (i)         a maximum of two consecutive three year terms as of  ...  view the full minutes text for item 49.

50.

STANDARDS COMMITTEE - APPOINTMENT OF INDEPENDENT PERSONS pdf icon PDF 23 KB

Recommendation:

 

To consider the recommendations of the Interview Panel on suitable candidates for the appointment of Independent Persons

 

(Monitoring Officer) The Council on 18 June 2012 agreed that an Interview Panel be appointed to interview the applicants to become Independent Persons under the new Standards regime.

 

Members will recall that the Independent Persons are there to assist both the Standards Committee and the Monitoring Officer in standards matters and particularly complaints where they are able to offer input to the Monitoring Officer on

complaints received and also support and advice to members who are the subject of

complaints.

 

Following the receipt of nominations from Group Leaders, the Interview Panel (Councillors Angold-Stephens, Mitchell, Smith, Stallan and J H Whitehouse) will be meeting on 18 and 25 September 2012 to interview applicants. An interim report is attached and the Panel’s recommendations will be tabled at the meeting.

Additional documents:

Minutes:

Mover:  Councillor Smith, Chairman of the Panel appointed to interview candidates for the appointment of Independent Persons

 

Councillor Smith reported the recommendations of the Panel following interviews held on 18 and 25 September 2012.  She reported brief biographies of those recommended for appointment.

 

Councillor Smith thanked members of the Interview Panel and the officers supporting the Panel for their work in arranging and undertaking the interviews.

 

            RESOLVED:

 

            (1)        That the following persons be appointed as Independent Persons for the purposes of Section 28 of the Localism Act 2011:

 

            Mr P Adams

            Mr D Cooper

            Mr J Guth (Independent member of the former Standards Committee) (until 30 June 2013)

            Mr R Pratt;

 

            (2)        That Mr  K Adams be appointed as reserve member; and

 

            (3)        That arrangements be made for the new members to receive appropriate training before they take up their appointments.

51.

CALL-IN AND URGENCY - DATA CO-OPERATION AGREEMENT pdf icon PDF 25 KB

To note the attached report.

Additional documents:

Minutes:

The Council noted that the Chairman of the Council had agreed that the decision of the Planning Portfolio Holder, to waive Contract Standing Order C27(1) (Assignments) to allow the requirement in the Data Co?operation Agreement (DCA) whereby Geo Place may assign any of the Benefits of the Agreement or transfer any of its burdens of the Agreement with the prior written consent of the Authority Contracts Executive, should be treated as a matter of urgency and should not be subject to call?in.

52.

DECISIONS TAKEN BY THE LEADER OF THE COUNCIL pdf icon PDF 22 KB

To note the attached decisions taken by the Leader of the Council since the last meeting of the Council:

 

(a) Essex Countywide Traveller Unit; and

 

(b) South East Enterprise Partnership (SELEP) and West Essex Alliance.

 

Additional documents:

Minutes:

The Council noted decisions taken by the Leader of the Council in relation to representation on the Essex Countywide Traveller Unit and the South East Local Enterprise Partnership and West Essex Alliance.

53.

\\\\\\\\\\APPOINTMENT OF HEAD OF PAID SERVICE AND DELEGATED AUTHORITIES EXERCISED BY THE CHIEF EXECUTIVE pdf icon PDF 20 KB

To consider a report of the monitoring Officer (attached).

Additional documents:

Minutes:

The Council considered a report of the Monitoring Officer. 

 

Members noted that in accordance with Section 100B (4)(b) of the Local Government Act 1972, together with the Council Procedure Rules contained in the Constitution, the Chairman had agreed this item should be reported as a matter of urgency by reason of the forthcoming date of commencement of employment of the new Chief Executive.

 

            RESOLVED:

 

            (1)        That Minute 57 of the Council meeting on 27 July 2010 (Appointment of Acting Chief Executive as Head of Paid Service) and Minute 58 of the same Council meeting (Exercise of the Chief Executive's Delegated Authorities by the Acting Chief Executive) be rescinded;

 

            (2)        That the Chief Executive, Mr G Chipp, be confirmed as the Council's Head of Paid Service with effect from 1 October 2012 in accordance with Section 4(1) of the Local Government and Housing Act 1989;  and

 

            (3)        That the delegated authorities exercisable by the Chief Executive and currently held by the Acting Chief Executive on a temporary basis, revert to Mr G Chipp with effect from 1 October 2012.

54.

JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS

(a)           To receive from Council representatives the reports (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

 

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

Additional documents:

Minutes:

The Chairman informed members that there were no reports to be considered on the business of joint arrangements and external organisations. 

 

No requests were made for written reports to be made by representatives on joint arrangements and external organisations at the next meeting.