Agenda and minutes

To approve the minutes of the meeting held on 29 November 2010 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 29 November 2010 be taken as read and signed by the Chairman as a correct record.

To disclose interests in any item on the agenda.

No declarations of interest were made by members of the Panel pursuant to the Council’s Code of Member Conduct.

Exclusion: 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 following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: 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 and 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, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                       Exempt Information

Item No           Subject                                               Paragraph Number

5                      Waste Transfer Station at                  1 and 3

                        “Greenacres” – Claim for

                        Compensation

To consider the attached restricted report.

The Director of Planning and Economic Development and the Complaints Officer presented a report regarding a claim by a local resident for compensation for property devaluation following a previous finding of maladministration against Epping Forest District Council and Essex County Council.

Members were informed that in 2006, the Local Government Ombudsman had issued a report concerning complaints about the operation of a Waste Transfer Station at “Greenacres” which had been granted  a licence to operate in 1980.  The Ombudsman had found that the decision made by Epping Forest District Council in 1980 that there was an established use as a Waste Transfer Station, which precluded the need for an application for formal planning permission, and the acceptance of that decision by Essex County Council, had been unjustified.  In consequence, the Ombudsman had concluded that the two complainants who had pursued that complaint at that time had unnecessarily suffered noise and nuisance over many years and that their properties had been devalued.  Both Councils had accepted the Ombudsman’s findings and had agreed to implement his recommendations which had included the payment of compensation equating to the difference in value of their properties between having and not having a Waste Transfer Station nearby.  The two residents had accepted the payment of compensation which had been split between Essex County Council and Epping Forest District Council on a 60/40 basis with the County Council paying the higher proportion.

The Panel was advised that in 2008, some nine years after the original complaint had been made residents at another property had submitted a claim for compensation for property devaluation.  These residents, together with other local residents, had been co-signatories to the original 1999 letter of complaint resulting in the Ombudsman’s findings in 2006 but they had not pursued their complaint at that time.  Members noted that initially in accordance with the Council’s Complaints Scheme their complaint had been deemed to be time-barred from consideration, a view shared by the Ombudsman’s Investigator.  However, on review by the Assistant Ombudsman in 2009 it had been decided that the claim should be considered.  Both Epping Forest District Council and Essex County Council had been invited by the Assistant Ombudsman to negotiate a satisfactory outcome direct with the complainants which would be regarded as a local settlement not requiring a formal report by the Ombudsman.

The Panel was informed that in accordance with the Ombudsman’s invitation, Epping Forest District Council had taken the lead in the matter and had agreed with Essex County Council that a property valuation exercise should be undertaken by valuers, Montagu Evans (jointly for both Councils) who had undertaken valuations in regard to the original complaints.  On receipt of the valuer’s advice, Epping Forest District Council officers had advised the Assistant Ombudsman and Essex County Council that they were willing to report to members recommending payment by the District Council of 40% of the difference in valuation with and without the existence of the Waste Transfer Station.  However, Essex County Council had refused  ...  view the full minutes text for item 4.