Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available for those that request it.

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 Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings. The Committee noted the Council’s Protocol for Webcasting of Council and other meetings.

(Assistant to the Chief Executive). To report the appointment of any substitute members for the meeting.

It was reported that Councillor K Chana was substituting for Councillor D Bateman and Councillor B Rolfe was substituting for Councillor R D’Souza.

(Assistant to the Chief Executive). 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.

No declarations of interest were reported pursuant to the Councils Code of Conduct.

Decisions required:

To confirm the minutes of the meeting of the Committee held on 4 October 2007.

RESOLVED:

That the minutes of the meeting held on the 4 October 2007 be taken as read and signed by the Chairman as a correct record.

To consider a call of the Cabinet Decision on the Release of Restrictive Covenant – Loughton Hall, Epping Forest College, Loughton (C/059/2007-08). Reports attached.

The Committee were asked to consider the call-in of a cabinet decision of 8 October 2007 (C/059/2007-08) regarding the release of a restrictive covenant to enable a provisionally arranged sale of Loughton Hall for use as a residential care home to proceed and that Council would not exercise its right of pre-emption to purchase Loughton Hall and/or the library site adjoining Epping Forest College. The Cabinet approved the College’s application and agreed that the restrictive covenant affecting Loughton Hall, within the grounds of Epping Forest College, be released and new covenants be imposed.

In accordance with the Overview and Scrutiny Procedure rules, the representative of the Councillors calling-in the decision, Councillor P House, outlined their concerns, which were summarised in the call-in notification. He pointed that there was an alternative option for a Music Academy; that the hall had been in community use for some time; that it was not the most tranquil place for elderly people and that the Music Academy would bring a cultural uplift to the local community. He also added that he had been barred from contacting the governors of the college.

The Portfolio Holder for Finance, Performance Management and Corporate Support Services, Councillor C Whitbread in reply noted that it would be unlikely that the Council could defend themselves legally in regards to the covenant. He pointed out that the residential care home would be a private enterprise scheme, as would the Music Academy, both have equal merit. The residential home had been considered and passed by the then Area Plans Sub-committee ‘A’. He thought that it was a sensible recommendation from the Cabinet as it tried to maintain some sort public access.

The Assistant Head of Legal Services informed the committee on the history and nature of the covenant in question. She indicated that it could be discharged by the Lands Tribunal. On advice from counsel it was noted that the covenant could be discharged on the grounds of it being obsolete or impedes some reasonable use of the land.

The meeting was then opened up for a general discussion on the call-in.

Councillor Kelly was not aware that a covenant could become obsolete. The Assistant Head of Legal Services replied that a covenant could become obsolete because of changes to the area and its needs. Over time these needs could be met from elsewhere. Councillor Kelly said that was to do with education, the education establishment had changed over time but there was an absence of musical education in the area. This academy would be a cultural asset to the area.

Councillor Whitbread replied that the college had originally received an offer from the nursing home. The offer from the musical academy came later. These offers are a process for the College to deal with. They came to us to about the covenant. It is not in our remit to deal with the offers made.

Councillor Hart asked Councillor House for more details of the investor biding for the musical academy. Councillor House  ...  view the full minutes text for item 40.

Recommendation:

To endorse the Terms of Reference for the Provision of Value for Money in Planning Services Task and Finish Panel.

Attached.

The Committee considered the draft terms of reference for the Provision of Value for Money in Planning Services Task and Finish. 

            RESOLVED:

That the terms of reference for the Provision of Value for Money in Planning Services Task and Finish Panel be endorsed by the Committee.

(Chairman of the Constitution and Member Services Scrutiny Panel). To consider the recommendations made at the Overview and Scrutiny Review Seminar 2007. 

The Chairman of the Constitution and Member Services Scrutiny Panel introduced the report resulting from the recent informal review session reviewing current Overview and Scrutiny arrangements.

The Committee also discussed current arrangements for the call-in procedure and agreed that before a call-in meeting the Chairman and officers of the Overview and Scrutiny Committee should meet with the lead Councillor on the call-in and the relevant Portfolio Holder to discuss the order of proceedings to be followed at the meeting.

            RESOLVED:

            (1)            That the following proposals from the Overview and Scrutiny Review Seminar on 18 September 2007 be adopted:

            (a)            Panel Chairmen Briefings

Written copies of Chairmen's briefings should, where necessary, be circulated with the agenda to give all members advance notice of the issues to be discussed and to enable non?members of the Committee to receive the information;

            (b)            External Attendees

The Overview and Scrutiny Committee should request the presentations by the Directors/key officer for the service under scrutiny so that the officers present would have the knowledge necessary to answer questions and provide full answers to questions at meetings.

            (c)            Written Replies

Deadlines be agreed in advance in respect of any written replies sought as a result of presentations at a meeting of Overview and Scrutiny Committee;

            (d)            Visiting Speakers - Introductions

The Chairman of the Committee to ensure that all speakers are introduced to the Committee before presentations are given;  and

            (2)            That a further review session on Overview and Scrutiny be held in January 2009 at a date to be agreed.

(Chairman of the Constitution and Member Services Scrutiny Panel). To consider the attached report.

The Chairman of the Constitution and Member Services Scrutiny Panel introduced the report resulting from the recent review carried out by the Panel session reviewing the current protocol on outside bodies. The protocol was introduced about two years ago to give guidance on a range of issues which can arise for members who serve as the Council’s representative on outside bodies and partnerships. The Panel sought to bring this document up to date in relation to the new Code of Conduct, to tidy up the wording and to deal with representatives who are not Councillors.

The Panel also made recommendations on how to make better use of the information the Council receives on these bodies, including providing copies of details of the organisation to new members and supplying copies of reports from representatives and organisations to political groups to assist them at Annual Council time.

            RESOLVED:

That a report be submitted to the Council recommending the revisions to the protocol on partnerships and other external organisations to be approved as part of the Constitution.

(Chairman of the Constitution and Member Services Scrutiny Panel). To consider the attached report.

The Chairman of the Constitution and Member Services Scrutiny Panel introduced the report resulting from the recent review carried out by the Panel on decision making in emergencies. The Panel undertook the task of making provision in the Council’s constitution for emergencies where there could be many members and officers unavailable through illness etc. This arose  from an emergency planning seminar held earlier in the year on how the district would cope with Pandemic flu or a similar event. There appears to be very few examples of this kind of document elsewhere so it may be that the Council is breaking new ground.

The new rules deal with two kinds of situations:

a)                  a national emergency (like Pandemic flu) in which the decision making must focus on  following Government guidance; and

b)                  local situations where involvement by Councillors is appropriate.

The Committee noted that:

• the Leader of the Council is necessarily the focus of procedures;
• The Leader would be able to suspend or modify normal decision making dependant on the advice received;
• Procedures for declaration of emergencies, extending the period for special measures and for ending them had been included;
• Some Chief Officers held statutory designations (e.g. Head of Paid Services etc.). The Panel queried if there were deputies available and were advised that all Chief Officers and the statutory positions are covered by appointed deputies.

The Committee asked that the Chairman or Vice Chairman also be  referred to in the review and the Assistant to the Chief  Executive agreed to review the report before it went to full Council with this in mind.

            RESOLVED:

(1)            That a report be submitted to the Council recommending that the draft appendix to the Executive Procedure Rules relating to Council decision?making in emergency situations be approved and published as part of the Council's Constitution; 

(2)               That the Chief Executive consider resilience arrangements for statutory officers and Services Directors in the event of emergencies occurring; and

(3)            That the Chairman or Vice Chairman be included in the procedure rules where appropriate.

To consider the updated work plan.

The Committee reviewed and noted the work programme for the Overview and Scrutiny Committee and it’s standing panels.

The Committee agreed that the Constitution and Member’s Service Standing Scrutiny Panel could add a review of the Area Planning Sub-Committees to their work programme.

The Chairman brought the attention of the Committee to the recent offer by the Princess Alexandra Hospital to attend a council meeting to give a presentation on their bid to achieve Foundation Trust status. The Committee agreed to invite the Hospital Trust to their next meeting (13 December 2007) to present their case. They also agreed to invite the PCT, the West Essex PPI and the local County Councillors to this meeting for the presentation.

Recommendations:

(1)            That Councillor Mrs P Brooks be replaced by Councillor Mrs A Haigh on the Housing Standing Panel; and

(2)            That Councillor Mrs P Brooks be replaced by Councillor D Jacobs on the Constitution and Member Services Standing Panel; and

(3)            That Councillor Mrs P Brooks be excluded from the Leisure Task and Finish Panel.

The Liberal Democrat Group have given notice of the above proposed changes to their membership of the OS Panels.

The Committee is asked to approve these changes.

The Committee noted that the Liberal Democrat Group have given notice of proposed changes to their membership of the OS Panels.

RESOLVED:

The Committee approved the following changes:

(1)               That Councillor Mrs P Brooks be replaced by Councillor Mrs A Haigh on the Housing Standing Panel;

(2)            That Councillor Mrs P Brooks be replaced by Councillor D Jacobs on the Constitution and Member Services Standing Panel; and

(3)            That Councillor Mrs P Brooks be taken off the Leisure Task and Finish Panel, because of having a full workload as a local Town Councillor.

Recommendations:

(1)             To review the Cabinet agenda and indicate matters of concern/comment for the Chairman to discuss with the Cabinet; and

(2)            To raise any further matters to be discussed with the Cabinet at their next meeting on 12 November 2007.

The Executive Procedural Rules (Rule 2.2 (iii) and (v) provide an opportunity at Cabinet meetings for Members of this Committee to raise any matters for consideration by the Cabinet (Overview and Scrutiny Rule 16). This items provides an opportunity to raise such matters either in relation to proposed Cabinet items or other matters of concern. 

The Chairman of the Committee will report accordingly to the Cabinet at its next meeting.

The Committee considered the Cabinet agenda for its meeting on 12 November 2007.

The Vice Chairman (due to the unavailability of the Chairman on 12 November) undertook to report the following decisions to the Cabinet meeting:

(a)            the consideration and result of the call-in on the Cabinet’s decision to release the restrictive covenant on Loughton Hall, Epping Forest College; and

(b)            to accept a presentation from the Chairman of the Princess Alexandra Hospital on their bid for Foundation Status.