Agenda and minutes

This meeting is to be webcast and the Chairman will read the following announcement:

“I would like to remind everyone that this meeting will be filmed live or recorded, and uploaded to the internet and will be capable of repeated viewing.

Therefore, by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings.

If any public speakers on MS Teams do not wish to have their image captured, they should ensure that their video setting throughout the meeting is turned off and set to audio only.

Members and public speakers are reminded to turn on their microphones before speaking and turn them off when they have finished.”

The Chairman reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To report the appointment of any substitute members for the meeting.

The Committee noted the following substitutions reported at the meeting:

·         Councillor Dadd had been appointed as substitute for Councillor Bassett, and

·         Councillor Burrows had been appointed as substitute for Councillor Markham

To declare interests in any item on the agenda.

In considering whether to declare a pecuniary or a non-pecuniary interest under the Council’s Code of Conduct, Members are requested to pay particular attention to paragraph (11) of the Code in addition to the more familiar requirements.

This requires the declaration of a non-pecuniary interest in any matter before Overview & Scrutiny which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a Member.

Paragraph (11) of the Code of Conduct does not refer to Cabinet decisions or attendance at an Overview & Scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

There were no declarations of interest made pursuant to the Council’s Members’ Code of Conduct.

To confirm the minutes of the meeting of the Committee held on 28 January 2025.

RESOLVED:

That the minutes of the meeting held on 28 January 2025 be taken as read and signed by the Chairman as a correct record.

To consider any matters arising and outstanding actions from the minutes of the previous meeting(s) that are not covered elsewhere in this agenda.

The Chairman advised members that call-in of the decision on the acquisition of Cottis Lane multi-storey car park (minute 56) had been withdrawn.

There were no other outstanding actions or maters arising.

(Democratic & Electoral Services Team Manager) To receive questions submitted by members of the public and any requests to address the Committee, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

(a)       Public Questions

Members of the public may ask questions of the Chairman of Overview and Scrutiny Committee at ordinary meetings of the Committee, in accordance with the procedure set out in the Constitution.

(b)       Requests to address the Overview and Scrutiny Committee

Any member of the public or a representative of another organisation may address the Overview and Scrutiny Committee on any agenda item (except those dealt with in private session as exempt or confidential business), due to be considered at the meeting.

The Committee noted that no public questions or requests to address the meeting had been received.

(Democratic & Electoral Services Team Manager) To consider any matter referred to the Committee for decision in relation to a call-in, in accordance with Article 6 (Overview and Scrutiny) of the Council’s Constitution.

The Committee noted that no executive decisions had been called-in for consideration since the previous meeting.

To  consider the attached report on the progress of the PAS recommendations in development management.

Graham Courtney (Service Manager Planning) and Nigel Richardson (Director of Planning Service), provide the Committee with an update on the progress of the PAS recommendations for Development Management and highlighted that the new committee structure had been established, a training programme had been developed and dates would be circulated when finalised. A review of the revised Committee structure would be carried out in July 2025.

The Committee suggested that:

·        the length of agenda, frequency of site visits and  training on the relevance of highway matters could be considered before the review, and the

·        the use of a minibus for site visits should be reconsidered.

The Committee raised a variety of questions and were advised that Chairman and Vice Chairmans meeting of Development Management, would provide an opportunity to consider some items before the July review, and received confirmation that training was open to all members.

Resolved:

The Committee noted the report.

To consider and comment on the organisational performance and priority project report.

The Chairman reminded the Committee that the Leisure KPI and the Epping Leisure Centre priority project were as detailed in item 10 of the supplementary agenda, this would be considered as part of this item.

The Committee raised specific points and were advised as follows:  

·        Average re-let times, no comments were shown and this was classified as a red indicator. John Taphouse and Chris Walsh– advised that three independent living bed sits were skewing the figures, these properties were difficult to let and alternatives approached were being considered. A new relet standard had been approved, which should assist in the turnaround of properties, a new partner agreement would provide performance management system on voids and pre void inspections were being carried out.

·        Fly Tipping, concerns on the levels across the district. Mandy Thomson advised on a ‘scrap the waste’ campaign with ECC, CoL and Police which would run for 6 weeks, cross border work was being carried out to share information and intelligence, and funding has been received to monitor hotspots, including those in areas with poor or no lighting.  Reports of fly tipping should be made through the website, staff needed specific authorisation to investigate fly tipping before it was removed, the potential to authorise TVS staff may be considered. The suggestion to liaise with ECC to identify the impact and repercussions of changes to civic amenity site policy would be taken back to the working group.

·        Sundry Debt – continues to be red, and an explanation of the quarterly figures, baseline and target, and how much debt goes to default. James Warwick advised that there was a plan of action across the Council and that a written response would be provided,

·        Ombudsmen complaints. Jen Gould advised the Council received recommendations from the Ombudsman that were considered and monitored by the leadership. The monitoring could be shared in the members bulletin,

·        Fit for the future – priority programme. The Leader (Cllr C Whitbread) advised the Committee that the budget had mentioned the realignment of this programme and that Local Government Reform would also shape this programme moving forward.

·        The Broadway Refurbishment. John Taphouse detailed the programme was on track and the risks -resident dissatisfaction and commercial tenants dissatisfaction should be reclassified as green.

Actions:

(1): Ombudsman monitoring to be included in the members bulletin (Jen Gould) , and

(2): Sundry Debtors – further details on data and improvement plan to be circulated to members (James Warwick)

Resolved

The committee commented and noted the report.

To consider and comment on the attached Essex Procurement Partnership Report.

Shane Mcnamarra provided an overview Essex Procurement Partnership Governance Papers and advised the Committee that there had been a long running partnership with Braintree and Castle Point and this extended the partnership. The new partnership would provide a range of benefits including increased resilience, access to procurement expertise and reduced duplication. Minor amendments to procurement thresholds would be required to ensure alignment with the partners and a social value policy will be developed.

The committee were advised after questioning that

·        All public bodies must advertise contracts on a central digital platform, there would be further advertising and communication. .

·        The liabilities of the Council were currently being reviewed. 

·        The outcome measure for Social Value were based on nationally agreed measures, procurement would select relevant measures to the project however, this did not exclude working with potential contractors to introduce new and good practise.

·        The model of the procurement hub has framework agreements that are in place, and when these are used there is a rebate which offsets the subscription and fixed costs shown in the report

 Resolved:

The Committee commended the report to Cabinet for the approval of the recommendations as set out in the draft Cabinet report.

To consider and provide comment on the attached anti-social behaviour report.

Cllr Keska, Technical Service Portfolio Holder, introduced the report and advised the Committee that the proposed ASB policy was district wide and encompassed all housing tenures, privately owned, private rent and social housing. The policy defined the approach to the management and investigation of anti-social behaviour (ASB) complaints received by the Council and provided clear guidance on responsibilities and expectations for victims of ASB within the district.  There was a requirement under section 218a of the Housing Act 1996 to publish the ASB policy.

The Committee welcomed the introduction of the policy, and received the following advice from Melissa Faux, Team Mager ASB,  in response to the queries raised:

·        There was a responsibility to work with partners under the Crime and Disorder Act 1998, and to fulfil this a local action group met every six weeks. the Police, social care, open road, phoenix futures, and statutory partners attended. ASB cases and hotspots areas were considered. Issues of concern could be raised to the ASB team, who could refer to the local action group when appropriate.

·        Low level reports of ASB are made to the Council, and there was a weekly briefing with the police when information was shared.

·        PFCC are carrying out an Essex wide programme to integrate police and local authority data with Nottingham Trent University, this is complex work but will provide useful data and maps of hotspot areas.

·        The ASB case management system used in Epping was limited, this was moving to new more sophisticated system which would provide access to some maps.

·        The team received large numbers of residential ASB reports, which limited proactive communication with members. If members had any issues or concerns, they could email the ASB team to receive advice on specific cases.

·        Victims would be responded to in 3 working days of a complaint being made, there was a process for assessing the impact and collecting evidence before action could be taken.

·        There was no impact from the loss of the in-house police team on the introduction of the policy. There was a dedicated ASB team, with some capacity for overtime for some out of hours work.

·        Successful prosecutions were publicised to increase awareness of the powers the Council and the national ASB week was an opportunity to communicate how to report ASB and ASB case reviews.

Resolved:

The Committee commended the ASB policy to Cabinet for approval.

To consider and comment on the proposal for a review of the Districts Smoke Control Areas.

Cllr Keska, Technical Service Portfolio Holder, advised the Committee that the report set out four options for the Council to consider. The Government’s Air Quality Strategy prioritised included the reduction of pollution from domestic burning through Smoke Control Areas (SCAs) and use of cleaner fuels.  There was an expectation that local authorities reduced emissions from sources within their control, to reduced PM2.5. The Smoke Control Areas in Epping Forest District had been in place since the 1960s, and did not offer consistent protection to the health of our residents, or enforcement through FPN. This would not prevent the use of burners or fireplaces but ensure the adoption of cleaner burning methods which should reduce the creation of PM2.5 pollution and therefore minimize harm to human health. Reviewing the Smoke Control Areas and supporting the adoption of report would also show our commitment to the Climate Change Agenda.

The committee raised a range of queries and comments were advised that:

·        The current process for enforcement in Smoke Control areas, an offence needed  to be witnessed by an officer, advice would be offered to improve situation, if there was no improvement an enforcement notice could be issued and if this was breached this would be referred to the Magistrates Court.  With the new system advice would still be offered, then a warning letter and if no improvement a Fixed Penalty Notice could be issued.

·        There were a limited number of enforcement cases which were complaint led.

·        Residents who were experiencing financial hardship would be made aware of any issues and given advise before an FPN was issued.

·        This was a consultation document, and there were a range of options available, including designating the whole district as a smoke control area.

·        PM2.5 was not monitored in the district, there were background levels particulates, but the know source was chimney smoke and level dropped as you moved away from the source, this was a key factor in suggesting control in urban areas were there was an increased density of chimneys and hence particulates.

·        Bonfires were covered by nuisance legislation, this this covered building with roof and a chimney.

The committee suggested several aspects for consideration including:

·        How planned development be incorporated into the smoke control areas, this could require regular redesignation.

·        Concerns that this could impact rural areas with no gas supply where the main source of heating could be wood/coal,

·        How would this work with the new unitary authority an LGR? Could this be considered when the new shape of the district was known , to allow effective consultation with relevant districts.

The Committee commended and welcomed the review and requested that this be brought back to Scrutiny when the consultation had been completed.

Resolved:

The Committee endorsed the report for Cabinet.

To consider and comment on the CCTV Strategy.

The Committee were advised that an appendix to the report was not included in the agenda, this had been emailed to members of the Committee and hard copies were available in the Chamber. This would be included in the minutes of the meeting.

Cllr Keska, Technical Service Portfolio Holder, advised the Committee that CCTV Strategy covered the period 2025-2032 this aligned with the expected lifespan of the assets. The strategy set out the Council’s current CCTV provision, locations, numbers of cameras, maintenance costs, repairs, and replacements for the next seven years. It provided an overview of the benefits that are realised for local communities and the various uses made of CCTV footage. The current capital programme work programme for 2019-2025 had been met. The new strategy was required for the ongoing maintenance and replacement of the Councils CCTV infrastructure.

The welcomed the new strategy and highlighted the value of CCTV, they received the following advice in relation to queries raised:

·        CCTV was recorded continuously over 24, would be automatically overwritten after 28 days, and this would be amended in the strategy.

·        CCTV was a reactive service. There was some flexibility to respond to urgent out of hours requests to provide support to the police or partners proactively when needed.

·        Clarity was given that the revenue budget was the working budget. The service did and would continue to identify income generating opportunities, and there could be future scope to work with the Town and Parish Councils.

·        Data and evidence of usage were used to determine if cameras should be decommissioned. If a camera was decommissioned and the position changed cameras could be reinstated. Decommissioning was carried out in consultation with the ward Councillors

·        CCTV footage downloads were requested from the police and insurance companies, there was a strict data sharing protocol that must be followed. There was a charge to outside agencies, and individual requests were considered on a case-by-case basis.

·        The number of redeployable cameras provided enough cover hotspots, new covert cameras had been funded by the PFCC to tackle fly tipping.

·        The replacement programme for the next seven years, appendix one to the report, would be reviewed to address anomalies of zero being shown against entries. The revised appendix one would be circulated with the minutes.

·        Legislation prevented Local Authorities from using CCTV for parking enforcement.

·        There were minimum requirements for cameras to be brought not the council systems, that could impact on the requests from Town and Parish Councils

·        Cottis Lane car park cameras would be integrated into the Council’s system and would be operated in line with all cameras across the district.

Resolved:

Pending the inclusion of the comments made by the Committee, the report was commended to Cabinet for approval.

(Chairmen of the Select Committees) To report to the meeting on progress against achievement of the current work programme, as required under Article 6 (Overview and Scrutiny) of the Constitution, and for any recommendations for consideration by the Overview and Scrutiny Committee.

For information: the current work programme for each select committee is attached as an appendix to this agenda.

Cllr. J Lucas, Chairman of Communities Scrutiny, updated the Committee on the work programme which was near completion. The final of meeting of Communities Scrutiny was on 4 March 2025. The Police would be present and the Community Safety Partnership would be considered, all members were welcome to attend.

Cllr J Parsons (Chairman of Place Scrutiny) advised the Committee that the Place Scrutiny work programme had been completed and important topics had been effectively scrutinised through the year.  The Vice-Chaiman- Cllr Markham, Members and Officers were thanked for their roles in scrutiny through the year.

Cllr Murray raised concerns to space for a third bin for recycling  and was advised that this was discussed at the Place Scrutiny Committee and would be considered as part of the exception policy.

Cllr Whitehouse requested that an update on green policies be included in the Member’s Bulletin

Progress towards the achievement of the work programme for the Overview and Scrutiny Committee is reviewed at each meeting.

(a)          Current Work Programme

The current work programme for the Committee is attached as an appendix to this agenda.

(b)          Reserve Programme

A reserve list of scrutiny topics is developed as required, to ensure that the work flow of overview and scrutiny is continuous. When necessary, the Committee will allocate items from the list appropriately, once resources become available in the work programme, following the completion of any ongoing scrutiny activity.

Members can put forward suggestions for inclusion in the work programme or reserve list through the adopted PICK process. Existing review items will be dealt with first, after which time will be allocated to the items contained in the reserve work plan.

Cllr R Baldwin, Chairman of the Committee advised the Committee that as recommended by Council on 20 February 2025, the calendar of meetings would be brought to the next meeting for agreement of Scrutiny dates.

Recommendation:

That the Committee review the Executive’s current programme of Key Decisions to enable the identification of appropriate matters for the overview and scrutiny work programme and the overview of specific decisions proposed to be taken over the period of the plan.

Article 6 (Overview and Scrutiny) of the Constitution requires that the Committee review the Executive’s programme of Key Decisions (the Cabinet Forward Plan) at each meeting, to enable the identification of appropriate matters for the overview and scrutiny work programme and to provide an opportunity for the overview of specific decisions proposed to be taken over the period of the plan.

The Constitution (Article 14 (Decision Making)) defines a Key Decision as an executive decision which:

(a)       involves expenditure or savings of £250,000 or above which are currently within budget and policy;

(b)       involves expenditure or savings of £100,000 or above which are NOT currently within budget and policy;

(c)       is likely to be significant in terms of its effect on communities living or working in an area comprising two or more wards;

(d)       raises new issues of policy;

(e)       increases financial commitments (i.e. revenue and/or capital) in future years over and above existing budgetary approval;

(f)        comprises and includes the publication of draft or final schemes which may require, either directly or in relation to objections to, the approval of a Government Minister; or

(g)       involves the promotion of local legislation.

Wherever possible, Portfolio Holders will attend the Committee to present forthcoming key decisions, to answer questions on the forward plan and to indicate where appropriate work could be carried out by overview and scrutiny on behalf of the Cabinet.

The Executive’s current programme of Key Decisions is attached as an Appendix to this report.

The Leader of the Council, Cllr C Whitbread, provided an update and overview of Local Government Reorganisation and advised that the Government had agreed to Essex being on the priority list for devotion. There had been several meetings of the Leaders across Essex but no decision had been made on the number of unitary authorities, evidence and data would be used to develop a sustainable model.  A letter on the interim plan must be submitted to Government by the 21 March 2025, this was an executive decision and would be discussed at Cabinet on 19 March 2025. The Chairman and members of the Overview and Scrutiny Committee were invited to attend Cabinet for discussion on the item. The Leader would also set up a cross party Portfolio Advisory Group.

The Leader advised members that the Government had launched a consultation process on LGR and regular developments would be communicated to members, staff and residents.

Cllr Murray was advised that written confirmation would provided the  items on the forward plan; would council houses or properties for private sale built  on the Chequers B and the  Pyrles Lane sites.

Resolved:

The Committee noted: The forward plan, and the invite to attend Cabinet for the Local Government Reform item.