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:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The Council is invited to stand for a minute’s silence in tribute to the memory of District Councillor Colin Finn who died on 7 September 2013 and former District Councillor Derek Cousins who died recently.

Colin Finn served as a Loughton Residents Association District Councillor representing the Loughton Forest Ward from 2010. He previously served as a Conservative Essex County Councillor for the Loughton St Johns Division from 2001 until 2005 and the Loughton South Division from  2005 until 2009.

Derek Cousins was a District Councillor for four years representing the North Weald Bassett Ward from 1991 until 1995. He was also a North Weald Bassett Parish Councillor and Chairman of that Authority.

It was with much sadness that the Chairman informed the Council of the deaths of Councillor Colin Finn and former Councillor Derek Cousins.

Members were informed that Colin Finn had represented the Loughton Forest Ward on Epping Forest District Council as a Loughton Residents Association (LRA) Councillor from 2010. He had previously served as a Conservative County Councillor for the Loughton St Johns Division from 2001 to 2005 and for the Loughton South Division from 2005 to 2009.

Derek Cousins was a former District and Parish Councillor who represented the North Weald Basset Ward from 1991 to 1995.

The Council stood for a minute’s silence in tribute to the memories of Councillor Colin Finn and former Councillor Derek Cousins.

The Chairman and Councillors M McEwen, K Angold-Stevens, C Whitbread, A Watts and the Chief Executive, G Chipp on behalf of the staff paid tribute to the memory of Colin Finn.  Councillor Angold-Stevens read a tribute from Councillor J Markham in his absence. Councillor A Grigg paid tribute to the memory of Derek Cousins.

To approve as a correct record and sign the minutes of the meeting held on 30 July 2013 (attached).

RESOLVED:

That the minutes of the meeting held on 30 July 2013 be taken as read and signed by the Chairman as a correct record.

Pursuant to the Council’s Code of Member Contact, Councillor H Kane declared a non pecuniary interest in agenda item 11 (Statutory Statement of Accounts 2012/13 – disposal of assets) by virtue of being the Assistant Finance and Technology Portfolio Holder.

(a)        Chairman’s Announcements

(i)         Events

The Chairman reported on some of the events she had attended since the last meeting of the Council. The Chairman thanked Members for their support at the Afternoon Tea Party hosted at her home by the River Stort in August. Over £800 had been raised for the Chairman’s charities.

The Chairman informed the Council that she had been delighted to be invited back to the Bobbingworth Nature Reserve (former landfill site), as this had been a project which she had been closely involved with in the past when she was the Portfolio Holder for the Environment. She advised the Council that there had been many years of planning and work to take this piece of land from being a former landfill site to the nature reserve it had now become. The Chairman added that the nature reserve now had an official recognition as a Queen Elizabeth II Field, as well as receiving an Essex Wildlife Trust Living Landscapes Award. Finally a wooden plaque had been unveiled which officially named the viewing mound as ‘Colin’s Mound’ in recognition of Colin Thompson’s (former clerk to Moreton, Bobbingworth and the Lavers Parish Council) for his determination and work to see this piece of land brought back to a use where people near and afar could come and enjoy the countryside.

The Council noted that the Chairman had also attended the official opening of the four environmentally friendly Straw Bale Houses at High Ongar. She had been invited into one of the houses where the tenant had informed her that the houses were cool in the summer and retained the heat when the weather was cooler. The downside to the opening had been the weather which had demonstrated the weather proofing of the houses due to the heavy rain.

 (ii)       Floral Display

The Chairman announced that she intended to send the flowers from tonight’s meeting to the residential home, Cunningham House, North Weald.

(b)       Announcements by the Leader of Council

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

(c)        Announcements by Portfolio Holders

(i)         Asset Management and Economic Development Portfolio Holder

Councillor Grigg advised that there was an amendment to her supplementary report, regarding the release of a restructure covenant on land at 94/94a Lawton Road, Loughton as a decision had not been agreed and the matter would go before Cabinet  on the 21 October 2013.

To answer questions asked after notice in accordance with the provisions contained in paragraph 11.3 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 answer questions asked after notice in accordance with the provisions contained in paragraph 12.3 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 12.4 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 there were no questions by members under notice to be considered at 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 Transport 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 Transport Portfolio Holder and the Support Services Portfolio Holder.

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

(a)        The Leader of the Council

Councillor Whitbread advised that he had attended a meeting on 1 August of the Essex Leaders and Chief Executives. George Keiffer, Vice Chairman of the South East Local Enterprise Partnership had given a presentation on the future of Governance Arrangements and Growth Strategy. The Leader advised the Council that he would continue to ensure the best deal for Epping Forest, from the South East Local Enterprise Partnership.

Councillor Whitbread reported that in mid August he had hosted a visit to the District by Councillor Finch, the new Leader of Essex County Council. Along with many local authorities in the region, the County Council was facing an enormous financial challenge. Its funding issues were compounded by an ageing population, placing increasing pressure on Adult Social Care budgets. In response, the County would be undertaking a transformation programme designed to improve efficiency by adopting a largely commissioning model. In addition, the results of the Community Budget pilot would also be published.

The Leader stated that he believed it was important to co-operate with neighbouring authorities, not only on the Local Plan issues. He added that the Council would continue to do this through the Joint Locality Board with the County Council.

The Leader advised that he had been delighted to attend two openings earlier this month.  One had been the official opening of the “Straw Bale” Housing Development at Millfields, High Ongar. He stated that he had been greatly impressed by this innovative scheme and all involved should be applauded.

The second event he had attended had been the official opening of the new Epping St John’s Secondary School, undertaken by the Bishop of Chelmsford. He reported that the new building was a first class learning environment with state of the art IT equipment, as well as high quality sports facilities, which he was advised would be made available to the wider community. He said it had been good to see the pupils taking such obvious pride in their new School.

Finally, continuing on the theme of young people, he updated the Council on the progress of the Council’s Apprenticeship Scheme, to give local young people a start on a future career. He stated that youth unemployment was of great concern and as well as encouraging other local employers to take on young people, the 9 apprentices taken on by the Council would be trained and given experience in a number of roles. The initial group would comprise of 7 business administration posts and two construction roles, hopefully this  ...  view the full minutes text for item 41.

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 8 above; or

(ii)  any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

Council Procedure Rule 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.

(a)        Street Lighting Consultation

Councillor Spencer asked what was the District Council’s official response to the County Council’s Street Lighting consultation and did it mention underground stations and the adjacent areas.

Councillor Waller, Safer, Greener and Transport Portfolio Holder, advised that a letter had been received from County Councillor Rodney Bass which indicated that the areas around the underground stations would continue to be lit. In the District Council’s response attention had been drawn to a number of CCTV cameras in the district which were useful during the hours of darkness and required lighting in these areas. Councillor Waller said that overall he did not have any objections to this proposal as in those areas in Essex where lights had been extinguished after midnight the trend in terms of crime and vehicle accidents was comparable with areas that were still lit.

(b)       Council Housebuilding Programme

Councillor Murray asked that given over the last 32 years the District had lost approximately 6,500 units of council housing what kind of replacement rate did the Portfolio Holder think there would be over the next 10-20 years.

Councillor Stallan, Housing Portfolio Holder, advised that the Council Housebuilding Programme this Council was proposing was not intended to replace the 6,500 houses that Councillor Murray was referring to which he assumed included properties sold through the Right to Buy scheme. Councillor Stallan said the Council should be proud of the fact that it was starting to build Council houses in the district again. He said houses would be built on small areas in the district where it had been difficult to rent the garages as identified in a Cabinet report last year. The scheme was for local people who had. lived in the district for three years.

(c)        Council Housebuilding Programme

Councillor J H Whitehouse referred to the proposal to allow tenants living in two or three bedroom flats to join the Housing Register and bid for houses. She asked how would priority be determined and whether tenants living in houses would be allowed to bid for houses in another part of the District.

Councillor Stallan, Housing Portfolio Holder, advised that the proposal had been introduced to encourage tenants in flats to transfer to houses to free up flats to accommodate homeless applicants and enable non-homeless applicants to bid for houses. Councillor Stallan advised that he would need to consult with Officers regarding the question of priority and whether those tenants already in houses would be able to participate. He added as soon as he had an answer he would publish it in the Council Bulletin.

(d)       New Housing Register

Councillor Thomas stated that 1,800 home seekers had registered or were likely to be registered to remain on the Housing Register but there were 1,400 home seekers yet to respond. She said she was aware that officers were contacting these residents and obviously this would take time and she sought an assurance that home seekers would not be removed from the list until their  ...  view the full minutes text for item 42.

(a)        Whipps Cross University Hospital

Moved by Councillor Murray and Seconded by Councillor Gode

“This Council notes:

(1)          that the Care Quality Commission carried out unannounced inspections at the Whipps  Cross University Hospital in May and June;

(2)           that as a result of these inspections:

(a)        the hospital failed to meet national regulations in the three areas of cleanliness and infection control, safety and availability and suitability of equipment and  support to staff;

(b)        the hospital was found to be failing to meet 10 out of the 16 national standards  of quality and safety;

(c)        the Barts Health NHS Trust has been instructed by the Care Quality Commission  to make urgent improvements to protect patients at the Whipps Cross University  Hospital; and  

This Council resolves to:

(1)        enquire of the Trust why this situation was allowed to develop;

(2)        seek clear assurances from the Trust that steps have been taken and will continue to be  taken to rectify these findings;  and

(3)        seek the strongest possible assurances from the Trust that all future patient care at the  Whipps Cross University Hospital will reach the standards required by both the Care Quality  Commission and patients and their families”. 

Motion as first moved ADOPTED

            RESOLVED:

That this Council notes:

(1)        that the Care Quality Commission carried out unannounced inspections at the Whipps Cross University Hospital in May and June;

(2)        that as a result of these inspections:

(a)        the hospital failed to meet national regulations in the three areas of cleanliness and infection control, safety and availability and suitability of equipment and  support to staff;

(b)        the hospital was found to be failing to meet 10 out of the 16 national standards  of quality and safety;

(c)        the Barts Health NHS Trust has been instructed by the Care Quality Commission to make urgent improvements to protect patients at the Whipps Cross University  Hospital; and  

That this Council resolves to:

(1)        enquire of the Trust why this situation was allowed to develop;

(2)        seek clear assurances from the Trust that steps have been taken and will continue to be  taken to rectify these findings;  and

(3)        seek the strongest possible assurances from the Trust that all future patient care at the  Whipps Cross University Hospital will reach the standards required by both the Care Quality Commission and patients and their families.

To consider the attached report and the Statutory Statement of Accounts 2012/13 being submitted to the Audit and Governance Committee on 23 September 2013.

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 2012/13.

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 the Members’ Allowances on page 195 and the updated page which had been tabled.  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 2013.

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, the Audit and Governance Committee and Officers for their work.  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 2012/13 be adopted.

To consider the attached report.

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

Councillor Grigg, Asset Management and Economic Development Portfolio Holder presented reports seeking supplementary capital estimates for a new CCTV system at the Langston Road Depot in Loughton and to progress the development of the site of the Sir Winston Churchill Public House, The Broadway, Loughton.

The Portfolio Holder advised that the CCTV systems at Langston Road were old, unreliable and difficult to repair. Equipment had been loaned from Essex Police but this was a temporary arrangement and could not be sustained. In light of the possible development of the site, investment had been restricted in recent years, however, it was known that the site would remain operational until 2016 and recommended that the CCTV systems on site be replaced. The Portfolio Holder advised that the new equipment would be reused at the new depot site and that £15,000 was for the CCTV equipment with a further £5,000 for the removal and reinstatement of the new equipment.

In relation to the site of the Sir Winston Churchill Public House it had become apparent that external legal resources would be required to prepare and negotiate a development agreement.

Report as first moved ADOPTED

            RESOLVED:

(1)           That a supplementary capital estimate of £20,000 in 2013/14 be approved for the installation of new CCTV systems at the Langston Road Depot, Loughton; and

(2)        That a supplementary capital estimate of £75,000 in 2013/14 be approved in order to instruct external solicitors to prepare and negotiate a development agreement for the site of the Sir Winston Churchill Public House, The Broadway, Loughton.

To consider the attached report.

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

Councillor Grigg, Asset Management and Economic Development Portfolio Holder submitted a report to the Council seeking a supplementary District Development Fund estimate regarding the Langston Road Retail Park.

The Portfolio Holder advised that the estimated cost of submitting a detailed planning application and undertaking a contamination survey would be £150,000.

Report as first moved ADOPTED

            RESOLVED:

That a supplementary District Development Fund estimate in the sum of £150,000 in 2013/14 be approved to cover the Council’s share of the cost of contamination investigations and to make a detailed planning application for the proposed Retail Park.

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

(b)  Reports of the Overview and Scrutiny Committee (none for this meeting); and

(c)    Reports of Overview and Scrutiny Panels (none for this meeting).

(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 Morgan informed the Council that CAB speaker Stephanie Chambers would be attending the Overview and Scrutiny Meeting on the 15 October 2013 to answer questions. If Members had any questions they would like to ask please could they send them to Democratic Services beforehand so she would be able to prepare the answers.

(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

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

To consider the attached report.

Mover:            Councillor Angold-Stephens, Chairman of the Committee

The Chairman of the Licensing Committee, Councillor Angold-Stephens, presented a report regarding the Scrap Metal Dealers Act 2013.

He advised Members that metal theft had become a scourge across the country and the Government had brought in new legislation to enable Councils to regulate Scrap Metal Dealers. There were two types of licence, a premises licence and an operators licence, the latter would include itinerant dealers who might trade across district boundaries.

Councillor Angold-Stephens said the Licensing Manager had taken part in a working group of Essex Licensing Officers and as a result a statement of licensing policy had been drawn up which would be largely common through all local authorities in Essex, although local modifications would be permitted.

Report as first moved ADOPTED

            RESOLVED:

(1)        That officers carry out a consultation on the draft policy attached as an Appendix to these minutes;

(2)        That the licence fees set out in this report be adopted;

(3)        That the schedule of delegations set out in the draft policy take effect immediately; and

(4)        That the Director of Corporate Support Services and the Director of Environment and Street Scene be given delegated authority to authorize officers to  carry out inspections of the sites and vehicles used and to conduct investigations and to issue and undertake prosecutions that may arise under the Act.

Recommendations:

(1)  That the effects of The Local Elections (Ordinary Day of Elections in 2014) Order 2013 be noted; and

(2)  That the date of the Annual Council meeting in 2014 be changed from 20 May to 10 June.

(Assistant to the Chief Executive) The Local Elections (Ordinary Day of Elections in 2014) Order 2013 made on 6 September 2013 changes the date of local elections in England in 2014 so that it is the same as the date of the European Parliamentary elections (22 May 2014).

The Order also provides for the retirement date of councillors due to retire in 2014 to be the fourth day after the day of the election resulting in a slightly longer term of office than normal. The retirement date of councillors coming into office in 2014 will be unaffected meaning a slightly shorter term of office than normal.

The Order extends in relation to local elections, the period during which it is not necessary to hold a by-election prior to the ordinary day of elections, so that a by-election is not necessary in relation to a vacancy arising in the six month period immediately before 22 May 2014.

The Annual meeting of the Council was scheduled to take place on 20 May 2014. In order to allow account to be taken of any change in composition of the Council arising from the elections it is proposed that the Annual Council meeting be changed to 10 June 2014.

The Council was informed that the Local Elections (Ordinary Day of Elections in 2014) Order 2013 changed the date of local elections in England in 2014 so that it was the same as the date of the European Parliamentary elections (22 May 2014).

Members noted the implications of the Order and the need to change the date of the Annual Council meeting in 2014.

            RESOLVED:

(1)        That the effects of The Local Elections (Ordinary Day of Elections in 2014) Order 2013 be noted; and

(2)        That the date of the Annual Council meeting in 2014 be changed from 20 May to 10 June.

(a)       To receive the attached report from Councillor Chambers, one of the Council’s  representatives on the West Essex Wellbeing Joint Committee and to receive answers to any questions on that body which may be put without notice; and

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

The Council received a report from Councillor Chambers, one of the Council’s representatives on the West Essex Wellbeing Joint Committee.

Councillor J H Whitehouse stated that Councillors Chambers and Boyce represented the whole District on the Committee and she asked how other Councillors and the public could be made aware of items under discussion.

Councillor Boyce stated that he had not yet been to a meeting of the Committee and would need to consider how this could be done. He agreed with a suggestion from Councillor J H Whitehouse that details could be placed in the Council Bulletin.