Agenda and minutes

Decisions required:

To confirm the minutes of the meeting of the Committee held on 2 March 2006.

RESOLVED:

That the minutes of the meeting held on 2 March 2006 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services). To report the appointment of any substitute members for the meeting.

There were no substitute Members reported at the meeting.

With the permission of the Chairman, the Committee received a report of the Waste Management Cabinet Committee to be submitted as urgent business to the Cabinet on 10 April 2006. It was agreed that due to the nature of the issues involved, the item be considered in private session following the consideration of the main agenda.

(Head of Research and Democratic Services). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee 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 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

Pursuant to the Council’s Code of Member Conduct, Councillor D Stallan  referred to the report submitted under the previous item on waste management issues. He declared a personal but non prejudicial interest in the report and indicated that he would remain in the meeting during the consideration and voting on the item.

(Head of Human Resources and Performance Management). To consider the attached report.

Members were reminded that the Committee had previously considered the proposed content and format of the Council Plan for 2006-10 and had agreed the draft document for consultation purposes. Their attention was drawn to a list of all those formally consulted during the consultation period lasting one month which  had been circulated for information.

Members noted that the level of responses to this exercise was presently very low. They also acknowledged that the consultation timescale initially  agreed for the draft plan did not adhere to the provisions in the Epping Forest District Local Compact suggesting that wherever possible a twelve week period be allowed for consultation with the voluntary sector.

In view of the need to ensure that the consultation on the Council’s future priorities was as inclusive and assessable as possible and complied with the Local Compact, the Committee were asked to extend the deadline for the consultation period on the draft plan by two months. It was noted that following this, the results of the exercise would be submitted to this Committee and then the Cabinet for adoption.

RESOLVED:

That the timescale for the consultation on the draft Council Plan for 2006 to 2010 be extended by a period of two months.

(a)            Progress reports – Standing Panels

The following Panel’s have met since the last meeting of the Committee on 16 March 2006. The Chairmen of these meetings have been asked to give a short presentation on the discussions as set out below.

Standing Panel                                                                     Chairman

Planning and Environment Services (28 March 2006)                  Councillor Stallan

Constitutional Affairs (27 March 2006)                           Councillor Morgan

(b)               2006/07 OS Work Programme

            Recommendation:

To consider and approve the attached OS Work Programme for 2006/07.

At the last meeting of the OSC, consideration was given to the OS work programme for next year. Officers have since formulated a draft plan based on the decisions made at that meeting.

The Committee is asked to approve the plan so that it is ready for the start of the new Council year.

Members will note that many of the topics in the draft programme have not yet been allocated reporting deadlines or prioritised. Each Panel will be asked to complete these tasks and approve their terms of reference at their first meeting of the year. It is intended that this information will be reported back to the Committee in due course so that it can monitor the process.

(a)            Environmental and Planning Services Standing Panel

The Chairman of the Panel, Councillor D Stallan reported on matters considered at the last meeting of the Panel on 28 March 2006. The Panel had considered the government consultation document on the Review of England’s Waste Strategy. Officers would be presenting the document to the next meeting on 13 April 2006 with responses for consideration. The response to be made would be published in the Members Bulletin. This next meeting would also receive a presentation from the Essex County Council on their review of the re use of farm buildings in the Green Belt and scope its review on the issue of Community/Neighbourhood Wardens. The Panel would be asked whether it wished to delegate the task of considering this latter review to a sub-group possible made up of the Panel’s membership. The Chairman sought the views of this Committee on this suggestion. The Committee noted the benefits attached to setting up a small Task and Finish style Panel and were of the view that this would be an ideal topic for such an approach. They considered the merits of setting up a sub group before the next Panel meeting in June 2006 so that the review could commence at an early date to meet the identified deadline. A member suggested that the review should pursue discussions with Community Wardens at Authorities elsewhere.

(b)            Constitutional Affairs Standing Panel

The Chairman of the Panel, Councillor R Morgan reported that at its last meeting on 27 March 2006, the Panel undertook further work on their review on the future role of the Council. They recommended that four of the five identified alternative models be pursued and agreed to send these out to Members for consultation purposes through a special Members Bulletin. The Panel continued to examine the structure of the four Area Planning Sub-Committees to see whether the arrangements should be revised to balance the workload and membership of the Sub-Committees. The Panel agreed that the review should address three principles and that all Members be given the opportunity to contribute to the review. They agreed an item explaining this review and a questionnaire seeking Members views be also included in the Panels special bulletin which was currently being prepared and would be sent out next week. The Panel had received a verbal report from the Head of Research and Democratic Services on options for enhancing the support provided to Members who might be the subject of an investigation and noted that a full report would be submitted to their next meeting on 6 June 2006. The Panel also noted that following the decision to withdraw from the electronic aspects of the Electoral Pilot, a traditional election would instead be held for the May 2006 election. The Panel also noted proposals to relax the guidance for tellers and proposed that the Councils own guidance on this be recommended as best practice.

(c)            Overview and Scrutiny Work Programme 2006/07.

The Senior Democratic Services Officer reported that  ...  view the full minutes text for item 105.

(Head of Research and Democratic Services). To consider the attached report.

The Committee were asked to endorse and refer the Overview and Scrutiny Annual Report for 2005/06 to the Council for consideration at its next meeting.

RESOLVED:

That the Overview and Scrutiny Annual Report for 2005/06 be endorsed and submitted to the Council for consideration at its next meeting in April 2006.

Recommendation:

To consider any items to be raised by the Chairman at the Cabinet meeting on 10 April 2006.

(Head of Research and Democratic Services). Under the Overview and Scrutiny rules the Committee is enabled to scrutinise proposed decisions of the Executive. The Chairman is also required to report on such discussions to the Cabinet.

The Committee is asked to consider the 10 April 2006 Cabinet agenda (previously circulated) to see whether there are any items that they wished to be raised at the Cabinet meeting.

The Committee considered the agenda for the next Cabinet meeting on 10 April 2006. The Committee commented on the following items which the Chairman undertook to report to the meeting:

(a)               Possible Redevelopment of Council Owned Car Parks – Appointment of Planning and Development (Item 9)/Petition – Use of Market Square, Waltham Abbey For Parking (Item 21)

Reference was made to the Task and Finish Panel to be established on Town Centre and Car Parks. The Committee agreed that it be suggested to the Cabinet that the Panel look at these reports before the Cabinet itself should the timescale involved allowed this.

(b)            Loughton Broadway Regeneration Scheme (Item 20)

A member expressed concern at the proposals regarding the appointment of a Project Manager for the Scheme.

(c)               Increasing the Amount of Affordable Housing in the District – Report of Housing Scrutiny Panel (Item 12)

The Chairman of the Housing Scrutiny Panel, Councillor Murray referred to the report. He explained that having considered the issues, consensus was expressed by the Panel in favour of the proposals which he would present to the Cabinet meeting. It was questioned why this report had not been submitted to the OSC prior to its inclusion on the Cabinet agenda.

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

That the public and press be excluded from the meeting for the next item of business on the grounds that it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972.

The Committee considered a report of the Waste Management Cabinet Committee and supported the recommendations contain within which was to be considered by the Cabinet on 10 April 2006.

The Committee thanked those offers involved in dealing with waste related complaints for all their hard work in this challenging area.