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.”

To approve as a correct record and sign the minutes of the meeting held on 5 November 2013 (attached).

RESOLVED:

That the minutes of the meeting held on 5 November 2013 be taken as read and signed by the Chairman as a correct record.

(1)  The Deputy Chief Executive made a declaration of interest in respect of Item 14 Directorate Restructuring as this referred to his employment with the Council. He advised that he would be leaving the meeting during the consideration of that item. The same declaration applied to the Assistant to the Chief Executive, Director of Finance and ICT, Director of Corporate Support Services, Assistant Director of Democratic Services and Assistant Director of Corporate Support Services (Legal) who would also leave the meeting for this item.

(2)  Pursuant to the Council’s Code of Member Conduct, Councillor Angold-Stephens made a Disclosable Pecuniary Interest on behalf of the Loughton Resident’s Association (LRA) members present, Councillors Cochrane, Cohen, Girling, Hart, Leonard, Pond and Wixley in respect of agenda item 15 Report of the Licensing Committee – Street Trading - Markets as the LRA benefitted financially from the sale of second hand books at a stall in Loughton market. He advised that the members in question had obtained dispensation from the Monitoring Officer in order to participate in the discussion on the item as this maintained the political balance of the meeting. He added that individual LRA members did not benefit financially from this. He added a further Non Pecuniary Interest regarding the market at The Broadway as a member of the Broadway Town Centre Partnership.

(a)       Announcements by the Chairman of the Council

(i)        Chelmsford Cathedral Carol Service

The Chairman reported that she had attended a carol service at Chelmsford Cathedral for the deaf and deafblind with sign language, on 13 December.

(ii)       Community Safety Team

The Chairman expressed her thanks and those of the Community Safety Team to local people who had donated toys to go to the Women’s Refuge. The gifts had been collected by St. Winifred’s Church, customers and staff at Tesco in Waltham Abbey and customers of Theydon Oak.

(iii)      Inclusion Project

The Chairman reported that she had attended a Christmas party in Waltham Abbey Town Hall organised by the Council’s Sports and Leisure Development Team as part of the Inclusion Project they were currently running. She thanked the team for donating the proceeds of the raffle to her charities.

(iv)     Davenant School

The Chairman reported on the Christmas concert which she had attended at Davenant School. The impressive programme had included a wide variety of music performed to a very high standard.

(v)       Chairman’s Carol Service

The Chairman thanked members who had attended the Carol service held in Roydon on 13 December.

(vi)     Floral Display

The Chairman announced that she intended sending the flowers from tonight’s meeting to Honey Lane Care Home, Waltham Abbey.

The Chairman expressed her thanks to G Woodhall, Democratic Services Officer for selling tickets prior to this meeting for the raffle run by Mrs S Hawkins for the Chairman’s charities.

(b)          Announcements

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

(c)          Announcements by Portfolio Holders

There were no announcements to be made under this heading.

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.

There were no public questions.

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.

There were no questions from members under notice.

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 the Economic Development Group on 12 November to discuss potential improvements to the rail link between Stansted Airport and London. He also went to a separate meeting at Stansted Airport where he met the new director of the airport.

Councillor Whitbread said he met the Leader of London Borough of Redbridge Council regarding the Central Line. At the meeting they had requested assurances from Transport for London that there would be better investment in the line and that resources would not be diverted to Crossrail.

The Leader had hosted the Joint Locality Board where they received a presentation about Health and Social Care. He also advised that they had also received a report advising that the switching off of street lighting in some parts of the district would not be operated until first week in January 2014.

The Leader reported that he had attended a meeting of Leaders of Essex authorities at which he had been advised that the police  would be withdrawing match funding  for PCSOs. Attempts were being made for the decision to be revisited.

(b)          Planning Portfolio Holder

Councillor Bassett reported that a presentation by the Planning Barrister, Mr M Beard, had taken place on 18 November. The current Local Plan was mainly consistent with the National Planning Policy Framework. The Portfolio Holder believed that there was a 5 year land supply in the district. He advised that due to the district’s exceptional setting, the Lee Valley Regional Park and motorways he believed it was less vulnerable to potential development than other areas.

(c)          Support Services Portfolio Holder

Councillor Ulkun updated his report regarding the Electoral Canvass 2013. The figure relating to updates made to the register by text, internet or telephone now stood at 22,475. The number of households having completed registration was now 94.5%, with the total of voters yet to register reduced to 3,300.

(d)          Finance and Technology Portfolio Holder

Councillor Stavrou updated members on her report. The Chancellor of the Exchequer’s autumn statement had shown signs of an improvement in the economy. He had acknowledged that local authorities were making large savings and they had been excluded from further reductions in funding. The proposal to take away money from New Homes Bonus and allocate it to Local Enterprise Partnerships was no longer being pursued but the scheme remained under review. The increase in business rates had been capped at 2% with the Government promising to compensate local authorities for any losses.

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 7 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)          Conservation

Councillor P Spencer referred to the written report of the Safer, Greener and Transport Portfolio Holder regarding potential Conservation Area designation of the St. John’s Church area, Buckhurst Hill and asked when designation would take place.

Councillor Waller, Safer, Greener and Transport Portfolio Holder advised that any views on the proposal would be welcomed and he could not anticipate the outcome of the process.

(b)          Sir Winston Churchill Public House Site, Loughton

Councillor S Murray referred to the written report of the Asset Management and Economic Development Portfolio Holder regarding the Sir Winston Churchill Public House site in Loughton considered at the District Development Control Committee on 11 December 2013. He said there was local anger in Loughton about the decision and advised that it was important for the Council to disassociate from the remarks made by certain members about the Loughton Broadway community.

Councillor Grigg, Asset Management and Economic Development Portfolio Holder advised that although she was not directly aware of local anger, she did know that there were strong local feelings expressed at the meeting. The Portfolio Holder pointed out that a number of improvements had been made to the area during past years and she considered that the development would further improve the area. She said that she did not associate herself with any disparaging remarks about the local community.

(c)          Park Home Licensing

Councillor B Rolfe referred to the written report of the Housing Portfolio Holder regarding Park Homes. He asked for an assurance that ward councillors would be consulted and there would be prior notice issued on any decisions made.

Councillor Stallan, Housing Portfolio Holder confirmed that copies of consultation documents would be sent to ward members prior to residents. He re-affirmed that the Council would work with park home residents.

(d)          Stansted Airport

Councillor P Smith asked the Leader and Asset Management and Economic Development Portfolio Holder about the recent visit the Leader made to the Chief Executive of Stansted Airport. She said it had been made clear previously that there would be little employment opportunities at the airport for residents of this District and she urged the Leader when next meeting airport representatives to emphasise the need for greater opportunities.

Councillor Whitbread, the Leader, advised that he had attended a positive meeting at Stansted Airport, alongside a representative from the Department of Work and Pensions. He would be meeting airport representatives on a regular basis and would continue to look for better employment opportunities for the district.

(e)          Park Home Licences

Councillor Y Knight referred to the written report of the Housing Portfolio Holder regarding consultation on authorised Gypsy, Roma and Traveller caravan sites and requested that members have access to all the reports involved.

Councillor Stallan, Housing Portfolio Holder advised that members with such sites in their wards would be consulted.

(f)           Sir Winston Churchill Public House Site, Loughton

Councillor Ms J Hart referred to the written report of the Asset Management and Economic Development Portfolio Holder and suggested there  ...  view the full minutes text for item 78.

The Chairman reported that there were no motions to be considered at this meeting.

To consider the attached report.

Mover:            Councillor Stavrou, Finance and Technology Portfolio Holder

Councillor Stavrou presented a report recommending no changes to the Local Council Tax Support Scheme 2014/15.

Report as first moved ADOPTED

RESOLVED:

That, in view of the consultation responses and experience of the 2013/14 scheme, no changes be made to the scheme for 2014/15.

To consider the attached report.

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

Councillor Grigg presented a report regarding a supplementary capital estimate for the purchase of the long leasehold Head Lease interest of properties in Torrington Drive, Loughton. She sought and obtained leave of the Council to correct an error in report that reference should have been made to 2 – 18 Torrington Drive and not 2 – 8. She also reported that Sainsbury’s had advised that they did not require the car park in Burton Road and it would revert to the Council on surrender of the Head Lease.

Report as amended ADOPTED

RESOLVED:

That a supplementary capital estimate in the sum of £3,484,000 be approved for the purchase of the long leasehold Head Lease interest of 2 – 18 Torrington Drive, Loughton including the Sainsbury’s store, car park and a 0.121 acre car park in Burton Road.

To consider the attached report.

Mover:            Councillor Ulkun, Support Services Portfolio Holder

Councillor Ulkun presented a report regarding the Calendar of Council Meetings 2014/15.

Report as first moved ADOPTED

RESOLVED:

That the Calendar of Council Meetings 2014/15 attached as Appendix 1 to these minutes be agreed.

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

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

(c)  Reports of Overview and Scrutiny Panels:

(i)            Report of the Overview and Scrutiny Review Task and Finish Panel – attached.

(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 Overview and Scrutiny Review Task and Finish Panel

Councillor Angold-Stephens, Chairman of the Overview and Scrutiny Review Task and Finish Panel, presented a report regarding the completed Overview and Scrutiny Review. He drew attention to the section regarding local scrutiny of health issues.

Councillor Watts reported that the Audit and Governance Committee had received the report and had agreed that the proposals were robust.

RESOLVED:

(1)  That the proposals arising from the review as set out in the Appendix 2 to these minutes be approved; and

(2)  That the amendments to the Overview and Scrutiny Procedural Rules as set out in Appendix 3 to these minutes be adopted and incorporated into the Council’s Constitution.

(Chief Executive) To consider the attached report of the Head of Paid Service.

The Council is asked to note that Appendix 2 (advice from the Council’s appointed legal adviser on the new structure) will be circulated separately or tabled.

The Council considered a report from the Head of Paid Service regarding Directorate Restructuring.

The Directorate Restructure aimed to achieve the following:

(a)   make efficiency savings whilst protecting services to the public;

(b)  encourage cooperative working within and beyond the Council; and

(c)  embed an agreed set of values and behaviours into working practices.

Following a consultation process with staff and staff representatives, the proposals reduced the number of Director posts from 7 to 4 and the number of Assistant Director posts reduced from 18 to 16. There would be a salary increase for the Assistant Directors to account for their greater responsibilities.

The Head of Paid Service advised that the one-off costs of 371,400 associated with the proposed voluntary redundancies, meant the payback period for this new structure would be 12.6 months. The overall reduction in salary costs of top management would be £353,700.

RESOLVED:

(1)    That the revised Directorate Structure attached as Appendix 4 to these minutes reflecting the proposals recommended below be approved;

(2)    That the following posts be deleted from the establishment with effect from 1 April 2014, namely

·       Deputy Chief Executive,

·       Director of Corporate Support Services,

·       Director of Finance and ICT,

·       Director of Housing, and

·       Director of Planning and Economic Development;

(3)    That the post of Director of Environment & Street Scene be deleted from the establishment with effect from 1 June 2014;

(4)    That the post of Assistant to the Chief Executive be deleted from the establishment with effect from 15 June 2014;

(5)    That the termination of the employment of the Director of Planning and Economic Development on 31 March 2014, the Director of Environment & Street Scene on 31^st May 2014 and the Assistant to the Chief Executive on 15 June 2014 be agreed on the grounds of voluntary redundancy/early retirement, in accordance with the costs reported;

(6)    That four new Director posts be created with effect from 1 April 2014, namely;

·       Director of Communities,

·       Director of Governance (Solicitor to the Council & Monitoring Officer),

·       Director of Neighbourhoods (Deputy Chief Executive), and

·       Director of Resources (Chief Financial Officer /s151 Officer);

(7)    That the salary scale for the four new Director posts be agreed as reported;

(8)    That in accordance with  the views of the Restructuring Panel, the following appointments be agreed by Council with effect from the 1 April 2014,

(9)    That the following posts be deleted from the establishment with effect from 1 April 2014, namely,

·        Assistant Director (Benefits),

·        Assistant Director (Revenues),

·        Assistant Director (Accountancy),

·        Assistant Director (ICT),

·        Assistant Director (Facilities Management & Emergency Planning),

·        Assistant Director (HR),

·        Assistant Director (Legal),

·        Assistant Director (Development Control),

·        Assistant Director (Forward Planning, Conservation & Policy),

·        Assistant Director (Building Control),

·        Assistant Director (Community & Culture),

·        Assistant Director (Housing Property),

·        Assistant Director (Housing Operations),

·        Assistant Director (Private Sector & Resources),

·        Assistant Director (Environmental and Neighbourhoods),

·        Assistant Director  ...  view the full minutes text for item 84.

To consider the attached report.

Mover:            Councillor Morgan, Member of the Licensing Committee who had chaired the Committee for this matter in the absence of the Chairman and Vice-Chairman

Councillor Morgan submitted a report regarding established markets in the District, some of which required street trading consent.

Amendment moved by Councillor Stallan and Seconded by Councillor Watts

That the words after £355 in recommendation (1) be deleted and replaced with “be waived and subsequent renewal fees be reviewed on an annual basis.”

Carried

Report as amended ADOPTED

RESOLVED:

(1)  That the established markets currently operating in Loughton (Sunday Market), The Broadway, Loughton and High Street, Ongar be required to apply for consent in accordance with the Street Trading practice but that the fee of £355.00 be waived and subsequent renewal fees be reviewed on an annual basis;

(2)  That each applicant be required to advertise their application in a local newspaper in accordance with the Street Trading practice; and

(3)  That for any application to operate a new market in the District, the Council’s full requirements for issuing a licence be met.

To consider the attached report.

Mover:            Councillor Angold-Stephens, Chairman of the Licensing Committee.

Councillor Angold-Stephens submitted a report regarding Temporary Road Closure Orders. Responsibility for temporary road closures for events like street parties had been made by Essex County Council. However the County Council had advised the District Council that they were no longer undertaking this work and this this authority should use its power to undertake this.

First Amendment moved by Councillor J M Whitehouse and Seconded by Councillor J H Whitehouse

“That the licence fee be waived for non-commercial event.”

Withdrawn

Second Amendment Moved by Councillor Philip and Seconded by Councillor Whitbread.

“That the Licensing Committee give further consideration to the charging of a fee for primarily charitable events and report thereon to a future Council meeting.”

Carried

Report as amended ADOPTED

RESOLVED:

(1)  That, subject to provision being made in the budget to employ an additional member of staff, the Council exercises its powers to make temporary road closure orders from 1 April 2014;

(2)  That subject to (3) below a fee of £170.00 be charged for a temporary road closure;

(3)  That the Licensing Committee give further consideration to the charging of a fee for primarily charitable events and report thereon to a future Council meeting ; and

(4)  That the following delegated authorities be approved and appropriate changes made to the Constitution:

To consider the attached report.

Mover:            Councillor Angold-Stephens, Chairman of the Licensing Committee.

Councillor Angold-Stephens submitted a report regarding Hackney Carriage and Private Hire Licensing Policy – Taxi Meters.

Report as first moved ADOPTED

RESOLVED:

(1)  That the Hackney Carriage and Private Hire Licensing Policy be amended to include provisions in relation to the installation of taxi meters; and

(2)  That the fares shown in the table attached as Appendix 5 to these minutes be put out to public consultation and that if no replies are received the fares be adopted and come into effect on 2 June 2014.

To note the attached decision taken by the Chairman of the Council to waive the call-in provisions of the Overview and Scrutiny Rules.

The Council noted that the Chairman of the Council had agreed that the decision of the Leader of the Council (a) to waive Contract Standing Orders C5 (Contracts exceeding £50,000 etc), C15 (Receipt and Custody of Quotations and Tenders) and C16 (Opening of Tenders and Quotations – Contracts in Excess of £25,000 and (b) appoint Savills as consultants to advise on the Council’s interests within the North Weald Master Plan should be treated as a matter of urgency and not be subject to call-in.

(a)       To receive from Council representatives the attached reports on the business of the following joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice:

(i)    Waltham Abbey Town Partnership (Councillor H Kane)(attached);

(ii)  Waltham Abbey Royal Gunpowder Mills Ltd (Councillor H Kane)(attached);and

(iii) Stansted Airport Community Trust Fund (Councillor R Morgan).

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

The Council received two reports from Councillor Kane, one of the Council’s representatives on the Waltham Abbey Town Partnership and a third report also from Councillor Kane a Council representative on the Waltham Abbey Royal Gunpowder Mills Company.

The Council received a report from Councillor Morgan, Council representative on the Stansted Airport Community Trust Fund who advised that he would prepare a more detailed item for the Bulletin on the Trust Fund’s activities. Councillor Bassett asked about the eligibility criteria for grants being extended to include applications from organisations in flightpath villages. Councillor Morgan advised that he would ask about this at the next meeting of the Trust.