Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Democratic and Electoral Services Team Manager will read the following announcement:

“The chairman would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

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 Democratic and Electoral Services Team Manager 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.

The Chairman welcomed Members and new Members back to the Council Chamber for the first Council meeting to be held there in 15 months.

The Council is invited to stand for a minute’s silence in tribute to the memory of former District Councillors Maureen Boatman and Peter Burns who have recently passed away.

(a)        Maureen Boatman

Maureen Boatman served as a Labour District Councillor representing the Loughton Roding Ward from 1996-2000.

(b)       Peter Burns

Peter Burns served as a Conservative District Councillor representing the Epping Hemnall Ward from 1992-1996.

The Chairman informed members that former Councillors M Boatman and P Burns had recently passed away.

Maureen Boatman had represented the Loughton Roding Ward of the District as a Labour Councillor from 1996 to 2006. She had also served on many of the Council’s committees, working groups and outside bodies during this time.

Peter Burns had represented the Epping Hemnall Ward of the District as a Conservative Councillor from 1992-1996. He also served on many of the Council’s committees and working groups during this time.

Members paid tribute to the memory of former Councillors Maureen Boatman and Peter Burns and a minute’s silence was held in their honour.

To declare interests in any item on the agenda.

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

To approve as a correct record and the Chairman to sign the minutes of the Council meetings held on 29 April 2021, 25 May 2021 and 24 June 2021 (attached).

RESOLVED:

(a)             That the minutes of the Council meeting held on 29 April 2021 be taken as read and signed by the Chairman as a correct record, subject to the following announcement made by the Chairman informing Members that the attendance on the minutes when published was incorrect but this had now been updated and was correct on the Council’s website.

(b)             That the minutes of the Council meeting held on 25 May 2021 be taken as read and signed by the Chairman as a correct record.

(c)             That the minutes of the Extraordinary Council meeting held on 24 June 2021 be taken as read and signed by the Chairman as a correct record subject to the following:

Councillor S Heap advised that under Item 14. Declarations of Interest the declaration that was recorded was not correct, his declaration was as below:

Pursuant to the Council’s Code of Member Conduct Councillor S Heap declared a prejudicial interest in item 4 – EPF/2503/19, Land North of Dowding Way, Waltham Abbey. He advised that a complaint had been made against him by unknown voices but he did not think that he had predetermined the application. A letter sent in by Mr O’Rouke to Legal Services concluded that he had only predisposed himself but there was a risk that he might vote against the application and therefore fail the public perception test and for that reason, he would withdraw from the meeting and the voting thereon.

(a)        Chairman’s Announcements

(a)        Chairman’s Announcements

(i)         The Chairman was pleased to announce that she had at last been able to attend community events and had recently opened a community garden. She had also given out certificates to volunteers that had worked throughout the Covid pandemic and had met with some very remarkable people. She stated that after the last 15 months she was very pleased to be able to attend these events personally.

(ii)        Pétanque, 31 July 2021

If any members were available on Saturday 31 July at 3pm a Pétanque game had been arranged between Epping Town Council and Epping Forest District Council at the Jack Silley Pavilion. All members were invited to join the Chairman and her team to support and help the District win the cup.

To answer questions asked after notice in accordance with the provisions contained within Part 4 of the Council Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)        to the Leader of the Council;

(b)        to any Portfolio Holder; or

(c)        to the Chairman of the Overview and Scrutiny Committee.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no public questions under notice that had been submitted for consideration at this meeting.

To answer questions asked after notice in accordance with the provisions contained within the Council’s rules in Part 4 of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)                  to the Chairman of the Council;

(b)                  to the Leader of the Council;

(c)                  to any Member of the Cabinet; or

(d)                  the Chairman of any Committee or Sub-Committee.

The Council’s rules provide that answers to questions under notice may take the form of:

(a)             direct oral answer;

(b)             where the desired information is in a publication of the Council or other published work, a reference to that publication; or

(c)             where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

Answers to questions falling within (a) and (b) above will be made available to the member asking the question one hour before the meeting. Answers to questions falling within (c) above will be circulated to all councillors.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

The Council noted that there were no questions by members under notice that had been submitted for consideration at this meeting.

To receive reports and any announcements from the Leader and members of the Cabinet on matters falling within their area of responsibility:

(a)        Report of the Leader;

(b)        Report of the Community and Regulatory Services Portfolio Holder (attached);

(c)        Report of the Corporate ServicesPortfolio Holder (attached);

(d)        Report of the Customer and Partnerships Portfolio Holder (attached);

(e)        Report of the Environmental and Technical Services Portfolio Holder (attached);

(f)         Report of the Finance, Qualis Client and Economic Development Portfolio Holder (attached);

(g)        Report of the Housing Services Portfolio Holder (attached); and    

(h)        Report of the Planning and Sustainability Portfolio Holder (attached).

The Council received written reports from Portfolio Holders. The Chairman invited the Leader of Council to provide an oral report and the opportunity for other members of the Cabinet to give updates on matters concerning their relevant portfolios.

(a)        Leader of Council

The Leader stated that he would like to make a short announcement regarding a change of committee placements for the Conservative Group, he advised that he had checked this out with Democratic Services before the change was made.

Councillor T Matthews was the Vice-Chairman of the Stronger Council Select Committee and was also a member of the Audit and Governance Committee, therefore he would remain as Vice-Chairman of the Stronger Council Select Committee and stand down from the Audit and Governance Committee. He advised that he was pleased to announce that Councillor R Morgan would be replacing Councillor T Matthews on the Audit and Governance Committee.

The Leader reported that he had numerous meetings in recent weeks including those with the Harlow & Gilston Garden Town Board, the new Leader of Harlow Council, Councillor Andrew Johnson and the Leader of the East Herts District Council and reported that good progress was being made with the plans for this area.

Boundary Commission Review

He advised that he had recently met with the Boundary Commission who advised that Epping Forest District were overdue a review as the last review was carried out in 1998. The review will commence in the Autumn, along with five other Districts across Essex, the process is a review of council size and warding pattern and not a review of boundaries. The process will culminate with all elections in May 2024. Information will be distributed shortly to all members and there will be a briefing for all members by the Boundary Commission in September 2021. He stated he would instigate a Portfolio Holder Group and look for representation from all parties and independent members to be on that group to progress with the Boundary Commissions work.

Flash Flooding

On Sunday 25 July 2021 the rain was exceptionally heavy, an Amber Weather Warning was issued for the area, there was cause for concern as parts of the District were affected by flooding to which I am sure members will raise during the meeting.

Civic Offices

Officers have been working hard to get the Civic Offices open again as the Covid-19 restrictions had now been lifted. Precautions should still be adhered to and it was advisable to take a lateral flow test before coming into the Civic Offices as we have a duty to keep each other safe. The Covid-19 numbers are increasing so encourage people to have their vaccines and stay safe over the summer, the last thing anyone of us would want was another lockdown.

(b)       Commercial and Regulatory Services Portfolio Holder

Councillor A Patel advised that the Community Resilience Team recently took part in the UK’s first ever anti-social behaviour awareness week. The theme was making communities safer and Epping Forest Districts Community Partnership co-ordinated a  ...  view the full minutes text for item 24.

The Council’s rules provide for questions by any member of the Council to the Leader or any Portfolio Holder, without notice on:

(i)            reports under the previous item; or

(ii)           any other matter of a non operational character in relation to the powers and  duties of the Council or which affects all or part of the District or some or all of  its inhabitants.

The Council’s rules provide that answers to questions without notice may take the form of:

(a)            a direct oral answer from the Leader or, at the request of the Leader, from another member of the Cabinet;

(b)            where the desired information is in a publication of the Council or other published work, a reference to that publication;

(c)            where the reply cannot conveniently be given orally, a written answer circulated later to the questioner; or

(d)            where the question relates to an operational matter, the Leader or a member of the Cabinet will request that a response be given direct to the questioner by the relevant Service Director.

In accordance with the Council’s rules, a time limit of thirty minutes is set for questions. Any question not dealt with within the time available will receive a written reply. The Chairman may extend this period by up to a further ten minutes at their discretion.

The Chairman thanked Members for giving notification of their intention to ask a question without notice.

(a)        Qualis Community Limited

Councillor S Heap stated that his question was to the Finance, Qualis Client and Economic Development Portfolio Holder and asked what the connection was between Qualis Community Limited and Primera Voluntary Limited. He stated that Primera Voluntary Limited was incorporated on the 10 March 2021, between the 10 and 23 March they were known as Qualis CIC, on the 12 March all directors of Qualis were appointed as directors of Primera, between 15 and 22March all Quails directors resigned or were terminated. On the 21 March, Qualis Community was Incorporated and EFDC were recognised as a person with significant interest, on the 22 March all of the Qualis directors were appointed to Qualis Community CIC and Mr Casey ceased to be a person with significant interest. On the 24 March Qualis became Qualis Community. Could the Portfolio Holder explain what this was about and did this have an easy explanation also did it account for the £10,000.00 of other expenses that were mentioned in the report.

Councillor J Philip advised that he recognised the Community Interest company as part of Qualis which members were made aware of. In terms of the directors of the Community Interest company it was correct that they should also be the directors of the over arching Qualis Group. Until Councillor Heap mentioned the other company, he stated that as far as he was aware it did not have any relationship to the Qualis Community Interest company and nor would it have going forward.

(b)        Loughton Library

Councillor S Murray advised his question was to the Leader of Council and asked if he could help the residents of Loughton to save the Library as he was a leading member of Essex County Council. He stated the Library should be allowed to stay as it was and not be moved to a much smaller community space and urged the Leader to help the many hundreds of residents of Loughton to save their library.

Councillor C Whitbread advised that this was an issue that was already under consultation and did not think it would be right or proper for him to state either way what he thought about the consultation. He did however state that the best way to save a library was to reinvest in a library and that was what the consultation would achieve, you need modern buildings and modern libraries. The Loughton Library was a Local Plan site and members should be careful when they object to planning applications of sites that are within the Local Plan as they weaken their own position. He therefore advised that members of the public should respond to the public consultation.

(c)        Spraying regime for the extreme pavement and road weed growth

Councillor D Wixley advised his question was to the Environmental and Technical Services Portfolio Holder but due to his absence he would ask the Leader  ...  view the full minutes text for item 25.

To consider any motions, notice of which has been given under the Council’s rules of procedure.

(a)        Litter in the District

Proposed by: Councillor N Avey

Seconded by:  Councillor J Philip

“That the Council notes that:

In light of the extent of littering in the District, which has increased during the current pandemic, the Council hereby declares that:

(i)               The Council will sponsor an annual competition named “Pride in Epping Forest District”, which aims to acknowledge the individual, group or local Parish Council which makes the greatest local contribution to the removal of litter from the District’s streets and countryside.

(ii)              The Council will join “Keep Britain Tidy” and become involved in “the Great British Spring Clean” and comparable initiatives. The Council will also reach out to other local organisations such as the Corporation of London (Epping Forest) and Transport to London to encourage joint initiatives to tackle littering.

(iii)            The Council will continue to promote and support locally organised litter picks and supply advice, equipment and support.

(iv)            The Council will examine ways in which by means of social media, postings on the Council’s website and other channels to promote residents’ awareness of littering and why this anti-social behaviour should be stopped. This may also involve reaching out to schools through the Youth Council.

(v)             The Council will survey the provision of bins across urban conurbations in the District, including main thoroughfares, to assess whether more bins are needed to avoid littering. Advice will be sought from Parish Councils as part of this survey.

(vi)            When available, the Council will evaluate the use of CCTV technology as an enforcement tool to identify rubbish discarded from vehicles primarily on main roads throughout the District.”

Any further Motions will follow, if not received in time to be incorporated into the agenda

(a)        Litter in the District

Moved by Councillor H Whitbread and seconded by Councillor J Philip

“In light of the extent of littering in the District, which has increased during the current pandemic, the Council hereby declares that:

(i)               The Council will sponsor an annual competition named “Pride in Epping Forest District”, which aims to acknowledge the individual, group or local Parish Council which makes the greatest local contribution to the removal of litter from the District’s streets and countryside;

(ii)              The Council will join “Keep Britain Tidy” and become involved in “the Great British Spring Clean” and comparable initiatives. The Council will also reach out to other local organisations such as the Corporation of London (Epping Forest) and Transport for London to encourage joint initiatives to tackle littering;

(iii)            The Council will continue to promote and support locally organised litter picks and supply advice, equipment and support;

(iv)            The Council will examine ways in which by means of social media, postings on the Council’s website and other channels to promote residents’ awareness of littering and why this anti-social behaviour should be stopped. This may also involve reaching out to schools through the Youth Council;

(v)             The Council will survey the provision of bins across urban conurbations in the District, including main thoroughfares, to assess whether more bins are needed to avoid littering. Advice will be sought from Parish Councils as part of this survey; and

(vi)            When available, the Council will evaluate the use of CCTV technology as an enforcement tool to identify rubbish discarded from vehicles primarily on main roads throughout the District.”

Amendment moved by Councillor C McCredie and seconded by Councillor J Philip

To amend section (iv) to include dog waste:

(iv)            The Council will examine ways in which by means of social media, postings on the Council’s website and other channels to promote residents’ awareness of littering and the health dangers of badly handled dog waste and the need for it to be cleared up in a responsible manner and why this anti-social behaviour should be stopped. This may also involve reaching out to schools through the Youth Council;

Carried

Motion as amended ADOPTED

            RESOLVED:

(i)               That the Council will sponsor an annual competition named “Pride in Epping Forest District”, which would aim to acknowledge the individual, group or local Parish Council which makes the greatest local contribution to the removal of litter from the District’s streets and countryside;

(ii)              That the Council will join “Keep Britain Tidy” and become involved in “the Great British Spring Clean” and comparable initiatives. The Council will also reach out to other local organisations such as the Corporation of London (Epping Forest) and Transport for London to encourage joint initiatives to tackle littering;

(iii)            That the Council will continue to promote and support locally organised litter picks and supply advice, equipment and support;

(iv)            The Council will examine ways in which by means of social media, postings on the Council’s website and other channels to promote residents’ awareness of  ...  view the full minutes text for item 26.

(Finance, Qualis Client and Economic Development) To consider and agree the attached report regarding the Qualis 4 Year Business Plan.

The Finance, Qualis Client and Economic Portfolio Holder, Councillor J Philip introduced the 4 Year Qualis Business Plan. He noted that this had also been keenly debated at the previous Overview and Scrutiny Committee meeting and Cabinet on the 12 July and no amendments had been considered necessary.

He emphasised that nowhere in the 4 Year Business Plan was there any mention of handing over the Council’s housing stock to Qualis as this was not part of the 4 Year Business Plan and should be made clear to members.

This report presented the 4 Year Qualis Business Plan and sought the Council’s permission to approve this as its direction and focus.  As a four year business plan it would inevitably change every year according to circumstances but there would be a one year interim plan submitted each year.

The Council were asking Qualis to look at potentially regenerating areas of the district,  to do this, they would require an additional loan potentially up to £35 million and that led to the recommendation (2). To vary the Council’s Capital Programme which was brought forward in February 2021 to include the £35 million loan. The loan was not expected to be taken as one tranche and would not necessarily be taken all in this municipal year. The Audit and Governance Committee are requested to review the operational boundaries and the approved limits in the Treasury Management and Investment Strategies and to give approval to these being increased up to the requested £35 million, if they consider it necessary.

He stated that he was happy to take questions but as it had been thoroughly debated at Overview and Scrutiny and Cabinet he would therefore ask members to support the recommendations.

Councillor S Murray stated that he had three points:

(a)             Could Councillor Philip give assurance that no other service of this Council will be transferred to Qualis without proper scrutiny;

(b)             Did Councillor Philip have any comment on the news that broke on Everything Epping Forest on 26 July regarding the confirmation of the third property acquisition of an office space by Qualis in Coventry for £9 million. Did Councillor Philip know about that prior to the purchase or was that not how it worked at Qualis, as an independent organisation; and

(c)             Regarding the 4 Year Business Plan one of the issues I have with Qualis is their day to day influence on particular services that used to be with the Council that have now been transferred to Qualis, what was the mechanism of accountability for these services to be transferred. I received an email from an unhappy tenant who said ‘they would be interested to know who the Qualis repair team answered to as they felt they needed a bit of retraining’. Normally, as a Councillor, I would have been able to answer that but on this occasion, I had to reply that I did not know and would have to find out. Councillors need to be made aware of where  ...  view the full minutes text for item 27.

(Finance, Qualis Client and Economic Development) Council to consider the attached report as recommended by the Audit and Governance Committee, to approve the audited Statement of Accounts for 2019/20 and recommend to the Constitution Working Group that consideration be given to the Audit and Governance Committee to have delegated authority, to approve the Council’s annual Statement of Accounts.

Mover: Councillor J Philip, Finance, Qualis Client and Economic Development Portfolio Holder

Councillor J Philip presented the Audited Statement of Accounts for 2019/20. He thanked the Auditors and the Finance Department for all the work they had put in preparing the accounts to which had been a challenge this year due to the Pandemic restrictions. He also thanked the Audit and Governance Committee for the scrutiny that they gave to the accounts at their meeting on 15 July 2021.

The external auditors gave an “unqualified” audit opinion on the Statement of Accounts 2019/20 and also acknowledged a significant improvement in the 2019/20 Statements and supporting records compared to 2018/19. An issue had been found with the 2018/19 accounts which had a roll forward issue into the 2019/20 accounts and would have impacted on the 2020/21 accounts. Page 151 of the agenda, section 1.3 advises of the recommendations from the Section 151 officer of the changes that need to be made.

The Audit and Governance Committee recommended to Council that the Statement of Accounts for 2019/20 be approved including the adjustment recommendation made by the Section 151 officer.

There was a significant challenge going forward in terms of getting the accounts completed and approved by the official date, which was 30 September 2021. Therefore, Council were encouraged to ask the Constitution Working Group to look at whether the Audit and Governance Committee could, in future, approve the annual Statement of Accounts instead of bringing them back to Council.

Report as first movedADOPTED

            RESOLVED:

(1)     That the Audited Statement of Accounts 2019/20, as recommended by the Audit and Governance Committee, be approved and adopted; and

(2)     That the Constitution Working Group be requested to consider the proposal for the Audit and Governance Committee to be given delegated authority to approve the Council’s Annual Statement of Accounts in future years.

(Finance, Qualis Client and Economic Development) To consider the attached report to approve the Treasury Management and Investment Strategy for 2021/22.

Mover: Councillor J Philip, Finance, Qualis Client and Economic Development Portfolio Holder

Councillor J Philip presented a report on the Council’s Treasury Management Strategy and the Annual Investment Strategy. He advised that the Audit and Governance Committee considered these strategies at their meeting on the 22 March 2021 and recommended that the Council approve and adopt them.

Report as first movedADOPTED

            RESOLVED:

That the Treasury Management Strategy and the Annual Investment Strategy for 2021/22 be adopted.

(The Leader) To consider a report to appoint a non-voting member from EFDC by the London Borough of Waltham Forest to sit on the Joint Health Overview and Scrutiny Committee.

Mover: Councillor C Whitbread, Chairman of the Appointments Panel and Leader of the Council.

Councillor C Whitbread presented a report to members advising that the London Borough of Waltham Forest had extended an invitation to Epping Forest District Council to appoint a non-voting member from the Council to their new Whipps Cross Joint Health Overview and Scrutiny Committee (JHOSC).

He advised that there were two nominations for this position, Councillor A Patel and an LRA Member. Councillor C P Pond advised that the LRA Member nomination had been withdrawn.

Councillor C C Pond stated that under the primary legislation Executive Members were debarred from serving on Joint HOSC’s but as this was an observer position clarification would need to be sought as to whether Councillor A Patel, being an Executive Member would be able to take up this position.

Councillor C Whitbread advised that he would seek clarification before a member was appointed to this position.

            RESOLVED:

That clarification would be sought as to whether an Executive Member could be appointed as a non-voting representative to the JHOSC.

(a)        To receive the Annual Overview and Scrutiny Committee Report 2020-21

(attached);

(b)        To note the progress report of the Chairman of the Overview and Scrutiny

Committee – June/July 2021 (attached); and

(c)        To answer any questions without notice asked in accordance with Council

Rules.

(a)             Overview and Scrutiny Annual report

The Council received the sixteenth Annual Report of the Overview and Scrutiny Committee, its Select Committees and Task and Finish Panels for 2020/21, to be approved, by the Chairman of the Committee Councillor M Sartin.

Councillor S Murray asked for it to be put on record the excellent way in which Councillor M Sartin chaired the Overview and Scrutiny Committee. He then advised that he would abstain from approving the report due to the way in which the report covered call-in requests as he didn’t feel the understanding of the importance of the decisions and the heat of the debate on some of the issues raised.

He then went on to point out on pages 282, 283 and 284 of the agenda, External Scrutiny, that there were three really positive pieces of scrutiny that were done during the year, Epping Forest Youth Council, Local Mental Health Services and Young People’s Mental Health Services.

Councillor Murray stated that the Stronger Communities Select Committee, at their first meeting in July 2020, had an excellent presentation from the Grow Community Garden which was documented on page 288 of the agenda to which he would like to bring to the Council’s attention.

Lastly he highlighted that the Stronger Council Select Committee scrutinised the Council’s Accommodation review as reported on page 297 of the agenda and asked where it was documented the breakdown of the £5 million spent on the refurbishment of the Civic Offices and was it possible to have one list detailing where and how the money was spent.

Councillor M Sartin thanked Councillor Murray for drawing to members attention some of the areas on the report, it was quite a full report that did cover and show the work that was carried out over the last year by the Overview and Scrutiny Committee and also by the three Select Committees.

Councillor C Whitbread thanked the Overview and Scrutiny Committee and in particular Councillor M Sartin and Councillor B Jennings for all of the hard work that had gone into this committee over the last year and also gave thanks to the three Select Committees as they all did essential work for the Council. He was pleased to report that a lot of new policies were emerging, particularly around housing, which were now going to the correct committees and being scrutinised efficiently before they came to Council.

With regard to the Civic Offices refurbishment, the second floor of the Civic Offices had now been let out and this income will not only be to the benefit of the Council but to the benefit of local residents. The project was very heavily documented through its many phases to which the Pandemic played a great part in changes and the new ways of working for Council staff.

The refurbishment had been on time and in budget and a final report with all the costings will go to the Overview and Scrutiny Committee or the Stronger Council Select Committee at  ...  view the full minutes text for item 31.

(a)          To receive from Council representatives the reports (attached - if any) on the business of joint arrangements and external organisations and to receive answers to any questions on those bodies which may be put without notice; and

(b)               To request written reports from representatives on joint arrangements and external organisations for future meetings.

a)               There were no updates from council representatives on any other business of joint arrangements and external organisations; and

b)               There were no requests made for written reports by representatives on joint arrangements and external organisations for the next meeting.