Agenda and minutes

(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.

No declarations of interest were made.

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

The Panel noted there were no substitute members.

            RESOLVED:

That Councillor M Colling be elected Vice Chairman for the duration of the meeting.

To consider and agree the notes from the meeting of the Panel held on 23 June 2009.

The notes from 23 June 2009 were agreed as a correct record.

(Chairman / Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. This is attached. The Panel are asked at each meeting to review both documents.

The Terms of Reference and Work Programme were noted.

At a recent Planning Services Scrutiny Panel, an emergency item was raised regarding events surrounding the above premises. This was the site where the chipping of waste wood takes place. There have been two major fires there in the last six months causing considerable local anxiety.

Attached are the notes from a recent multi-agency meeting to provide some background.

The Planning Services Panel referred this issue of environmental regulatory control to this Panel, with a request that you feedback to their Panel and the parent Overview and Scrutiny Committee.

The Panel is asked to consider the implications of these events and any future action that may need to be taken. Officers will furnish reports nearer the time.

The Director of Environment and Street Scene, Mr John Gilbert, introduced the item on recent fires at Birchwood, Hoe Lane, Nazeing. He introduced Alex Chown and Andy White, both officers of the Environment Agency.

Mr Gilbert summarised the history of the site for the Panel. The site’s planning consent for ‘general industrial purposes’ was granted by the Planning Inspectorate on appeal and had no limiting conditions imposed on it other than some working hours. Around three years ago when the site was being operated by Essex Wood Recycling (EWR), waste wood was brought onto the site for chipping. EFDC took the view that this activity was waste related and fell outside the general industrial purpose planning approval. However, Counsel advice indicated a contrary view, which was shared by Essex County Council (as the Waste Planning Authority) who concluded it was not a ‘waste operation’.

The pile of wood got larger and EFDC took the view that the core operation was now storage and not wood processing. Around this time the operator of the site changed and the new operators, Scott and Scott approached EFDC to seek consent for incineration. This was rejected by EFDC and the Environment Agency (EA).  In October 2007 EFDC issued an enforcement notice for unauthorised storage. This was appealed and a public enquiry was scheduled for December 2008. In the meantime a new planning application was made for a temporary consent for mixed use, storage and general industrial.  The date of consideration of this application clashed with the public enquiry. The decision was made to withdraw the enforcement notice and proceed with the new application. EFDC gave consent for the new usage and attached a raft of operational conditions. In January 2009, the timber caught fire. The new consent was not taken up leaving the original consent in place but now without the enforcement notice. In May 2009 another (smaller) fire started on this same site.

Local residents do not wish this to continue and have petitioned for closure of the site.

This issue went to the Planning Standing Panel who asked that this Panel look into the environmental impact of the fires on this site.

Alex Chown of the Environmental Agency commented that this was a waste activity producing wood chippings which fits into the Environmental Permitting Regulations 2007 and came under paragraph 13 as an activity seeking to maximise waste recovery. Anyone could apply for permission to carry out such activity under paragraph 13 on line. It had to be timber related and must be a manufacturing activity (in this case chippings). Scott and Scott took over the stockpile and registered last May with the EA. They subsequently had a major fire on site. The EA has since made a number of visits to the site and have made suggestions on dust suppression etc. Things seemed to be operating normally. They then had another fire at the end of May 2009. The EA seriously considered deregistering them, but they could simply reapply on  ...  view the full minutes text for item 18.

The Director of Environment and Street Scene, Mr John Gilbert, tabled the draft policies for the new wheeled bins. The purpose of the policy was to ensure compliance with Essex Joint Municipal Waste Management Strategy. Officers would like them to go to the September meeting of the Cabinet for ratification.

It was noted that:

• the drafts had been published in a recent Members Bulletin for information;
• the policy was about the use of the containers;
• the wheeled bin capacity was 180 litres, but smaller or larger ones could be asked for depending on the suitability of the property;
• contamination was important, only the residual bin should contain things that cannot be recycled;
• only food and garden waste was to be put in the ‘green’ bin;
• the kitchen caddy was provided to help residents;
• dry recycling was to use blue boxes and clear sacks;
• if the container was too contaminated, it would not be collected;
• residual side waste was not collected at all, except on special occasions (e.g. religious festivals);
• the exemption policy should say 1 sq. metre and not 1.13 sq. metre;
• there would be an assisted collections;
• all requests for smaller bins would be granted;
• flats and commercial buildings were still under consideration; and
• Members could send in their comments to Mr Gilbert by 14 August.

Councillor Barrett asked if SITA or council officers were going to enforce the rules. He was told that it would be council officers who would do the enforcement if necessary. The council had powers to require people to comply.

Councillor Hedges asked if bags could be used. She was told that only ‘compostable’ bags with ‘trelevan’ logo should be used.

Councillor Sartin pointed out that exemption policy 6.2 should have the word “less” inserted to make sense; i.e. ‘less’ than 1 square metre.

            RESOLVED:

            Members noted and approved the draft container policy as tabled.

To note the forward programme of meeting dates for the Panel. They are:

1^st September 2009;

27^th October 2009;

08^th December 2009;

25^th February 2010; and

29^th April 2010.

The dates of the future meetings of the Panel were noted.