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:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

The Chairman 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 Vice Chairman of the select committee, Councillor H Brady, had tendered her apologies and so the Chairman asked for a Vice Chairman to be appointed for the duration of the meeting.

RESOLVED:

That Councillor M Sartin be appointed as Vice-Chairman of the select committee for the duration of this meeting.

(Director of Governance)  To report the appointment of any substitute members for the meeting.

It was noted that Councillors S Heap and J Lea were substituting for Councillors S Neville and B Rolfe respectively.

To agree the notes of the last meeting held on 28 June 2016.

RESOLVED:

That the notes of the last meeting of the select committee held on 28 June 2016 be agreed.

(Director of Governance). To declare interests in any items on the agenda.

In considering whether to declare a pecuniary or a non-pecuniary interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 9 of the Code in addition to the more familiar requirements.

This requires the declaration of a non-pecuniary 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 9 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.

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

To receive a presentation by consultants and EFDC officers from the Engineering, Drainage and Water Teams.

Background

Officers from the Council’s Engineering, Drainage and Water Team have been working with Essex County Council’s (ECC) Flood Team, consultants and other stakeholders to produce a Surface Water Management Plan (SWMP) for Loughton, Buckhurst Hill and Theydon Bois.  The report outlines the predicted risk and preferred surface water management strategy for these areas. In this context surface water flooding describes flooding from sewers, drains, groundwater and runoff from land, small watercourses and ditches that occur as a result of heavy rainfall.

A four phase approach has been undertaken in line with Defra’s SWMP technical guidance 2010. The areas identified to be at more significant risk have been delineated into Critical Drainage Areas (CDAs) representing the contributing catchment area and features that influence the predicted flood extent. Within the study area a total of seven CDAs have been identified. For each CDA site specific measures have been identified that could be considered to help reduce the risk of surface water flooding. The process establishes a long term action plan for ECC, EFDC and other Flood Management Authorities to assist in their roles under the Flood and Water Management Act 2010.

Amongst other measures, the long term action plan proposes flood mitigation planning policies, in the main, by the use of Sustainable Drainage Systems (SuDs). The SWMP will be fed into the new Local Plan and should form part of the Council’s Development Control policies.

These areas are the first within Epping District to be subject to a SWMP, because:-

i.                     Defra’s National Rank Order of Settlements Susceptible to Surface Water Flooding (Defra 2009)  indicates that Loughton area is vulnerable to surface water flooding and is ranked 313^th out of 4,215 settlements in England, with an estimated 1,000 at risk of flooding. The Defra document did not contain any information regarding the vulnerability or flood risk for Buckhurst Hill or Theydon Bois but due to historical flooding events it was decided to assess these areas as part of the SWMP; and

ii.                   As part of its duties created by the Flood and Water Management Act 2010,  ECC (as the Lead Local Flood Risk Authority for Essex)  produced in January 2011 a Preliminary Flood Risk Assessment (PFRA). This PFRA identified the Loughton Area as a Tier 1 at risk area.

A presentation on the SWMP will be given by Capita the consultants who led on the project. Lucy Shepard, Essex County Council’s Lead Flood Investigation Officer, along with officers from EFDC, will also be present to help answer any questions.

The Select Committee received a presentation on the surface water management for Loughton, Buckhurst Hill and Theydon Bois from L Shepherd of Essex County Council and C Despins from Capita.

Officers from the Council’s Engineering, Drainage and Water Team had been working with Essex County Council’s Flood Team, consultants and other stakeholders in producing a Surface Water Management Plan (SWMP) for Loughton, Buckhurst Hill and Theydon Bois. The plan outlined the predicted risk and preferred surface water management strategy for these areas. Surface water flooding described flooding from sewers, drains, groundwater and run off from land, small watercourses and ditches that occurred as a result of heavy rainfall.

A four phase approach had been undertaken in line with Defra’s SWMP technical guidance for 2010. The areas identified as being at significant risk had been placed into Critical Drainage Areas (CDAs) of which a total of seven CDAs had been identified. For each site, specific measures had been identified that could be considered in helping reduce the risk of surface water flooding. The process established a long term action plan for the County Council, District Council and other flood management authorities to assist in their roles under the Flood and Water Management Act 2010.

These areas were the first within Epping District subject to a SWMP, because:

(a)          Defra’s National Rank Order of Settlements Susceptible to Surface water Flooding indicated that Loughton was vulnerable to surface water flooding and was ranked 313^th out of 4,215 settlements in England with an estimated 1,000 at risk of flooding. The Defra document did not contain any information regarding the vulnerability or floodrisk for Buckhurst Hill or Theydon Bois, but due to historical flooding events it was decided to assess these areas as part of the SWMP; and

(b)          As part of its duties created by the Flood and water Management Act 2010, the County Council produced in January 2011 a Preliminary Flood Risk Assessment which identified the Loughton area as a Tier 1 at risk area.

The select committee were advised of the potential options in dealing with flooding:

Identification of Options

(a)  Soft Measures

(i)            Adaptation of spatial planning policy

(ii)           Improving maintenance of the drainage network

(iii)          Emergency planning

(iv)         Raising community awareness

(b)  Hard Engineering Measures

(i)            Ponds

(ii)           Pipe enlargement

(iii)          Additional gullies

(c)  Sustainable Drainage Systems

(i)            Bioretention (The process in which contaminants and sedimentation were removed from stormwater run off. Stormwater was then collected into the treatment area)

(ii)           Green roofs (A roof partially or completely covered with vegetation)

(iii)          Permeable Pavement (Was a range of sustainable materials that allowed the movement of stormwater through the water)

(iv)         Detention Basins An excavated area installed on or adjacent to rivers, streams and the like for protection against flooding)

(v)          Rainwater Harvesting (The accumulation and deposition of rainwater for re-use on site, rather than allowing it to run off)

(vi)         Sub-Surface Storage (This relied on construction of water storage structure made of concrete or piping)

The select committee asked  ...  view the full minutes text for item 16.

(Director of Neighbourhoods) to receive a verbal update on Fly-tipping in our district.

The select committee received a verbal update on the Enforcement and Clearance of Fly Tipping from the Environment and Neighbourhoods Manager.

There were two main issues facing the authority in respect of fly tipping; the first was small scale disposal, often involving a single black rubbish bag and could be put down to mis-management. The second was large scale fly tipping which was frequently associated with professional tippers who worked for profit, this was a criminal activity adding that it was hard to tackle and difficult to catch those responsible.

The solution was to attempt a reduction in fly tipping using enforcement signs, education and fines. Signs or notices could be stuck to black bags. The Environment Team were committed to the task, the Environment Agency only took on the largest cases which meant that this authority did a great deal, probably 99% of all cases.

There had been recent changes in Government legislation including Fixed Penalty Notices which could impose £200. fines. The income from this could be used by local authorities. The enforcement technology was also improving, CCTV was one example. More education was needed for the public, if an individual or company, passed on their waste to a tipper and this was dumped illegally, responsibility would pass to the owner. The District Council was also a member of Cleaner Essex Group alongside 13 other authorities.

Members felt that more CCTV and much heavier fines were required to enforce more effectively. There was concern that the closure of a tip locally would be having a serious impact on people who were inconvenienced in disposing of DIY waste. The Environment and Neighbourhoods Manager advised that apart from imposing fines and curfews they could use a special collections service for large amounts of waste.

RESOLVED:

That the verbal report regarding Fly Tipping – Enforcement and Clearance be noted.

(Director of Governance) to consider the attached report.

The select committee received a report from Assistant Director – technical regarding Key Performance Indicators 2016/17 – Quarter 1 Performance.

The Local Government Act 1999 required that the Council made arrangements for securing continuous improvement in the way in which its functions and services were exercised, having regard to a combination of economy, efficiency and effectiveness. As part of the duty to secure continuous improvement, a range of Key performance Indicators (KPIs) relevant to the Council’s services and key objectives were adopted each year by the Finance and Performance Management Cabinet Committee. Performance against the KPIs was monitored on a quarterly basis by the Management Board and overview and scrutiny to drive improvement in performance.

A range of 37 KPIs for 2016/17 was adopted by the Finance and Performance Management Cabinet Committee in March 2016. The overall position for all 37 at the end of Quarter 1, was as follows:

(a)  25 (68%) indicators achieved target.

(b)  12 (32%) indicators did not achieve target.

(c)  3 (8%) of these indicators performed within the agreed tolerance for the indicator.

(d)  28 (76%) of indicators were currently anticipated to achieve year end target and a further 2 (5%) were uncertain as to whether they would achieve year end target.

There were 13 indicators within this select committee’s parameters. The overall position with regard to the achievement of target performance at Q1 for these, was as follows:

(i)            9 (69%) indicators achieved target.

(ii)           4 (31%) indicators did not achieve target.

(iii)          0 (0%) of these KPIs performed within the agreed tolerance for the indicator.

(iv)         8 (62%) of indicators were currently anticipated to achieve year end target and a further 1 (8%) indicator was uncertain as to whether it would achieve year end target.

It was noted that the target for NE1009 had not been reached, this was in regard to noise investigations, the target was 90% and officers had actually attained 88.76%. Members were assured that they would reach the target for the rest of the year.

Attention was drawn to NE1010 which concerned the net increase or decrease in the number of homes in the district. The target had not been reached here either. However it was important to note that the Council had a limited influence over housing completion figures meeting targets, they could encourage more building of dwellings by granting planning permission but this did not actually build the vast majority of the dwellings. Even a site being given planning permission could lead to delays as developers may wait for rising property prices.

RESOLVED:

That the Key Performance Indicators 2016/17 – Quarter 1 Performance be noted.

(Director of Governance) – to consider the attached report.

The select committee received a report from the Director of Neighbourhoods regarding the Corporate Plan Key Action Plan 2016/17 – Quarter 1.

The Corporate Plan was the Council’s key strategic planning document, setting out its priorities over the five year period from 2015/16 to 2019/20. The priorities or Corporate Aims were supported by key objectives which provided a clear statement of the Council’s overall intentions for these five years. The Corporate Plan Key Action Plan for 2016/17 was agreed by the Cabinet in March 2016. Progress in relation to all actions and deliverables was reviewed by the Cabinet, the Overview and scrutiny Committee and the appropriate select committee on a quarterly basis.

There were 49 actions in total for which progress updates for Quarter 1 were as follows:

(a)  32 (65%) of these actions had been achieved or were on target.

(b)  7 (14%) of these actions were under control.

(c)  2 (4%) were behind schedule.

(d)  8 (16%) were pending.

There were 12 actions which fell within the areas of responsibility of this select committee at the end of Q1 these were:

(i)            6 (50%) of these actions had been achieved or were on target.

(ii)           4 933%) of these actions were under control.

(iii)          2 (17%) of these actions were behind schedule.

(iv)         0 (0%) of these actions were pending.

Members were updated on Action (7) Progress on the Epping Forest Shopping Park Scheme. This was currently behind schedule, tenders had been received for the construction of the main shopping park. However there had been delays in the process, the shopping park was not likely to open until Summer 2017.

Actions (2), (4) and (5) included clauses for requiring the use of the District Council’s Building Control Service in new commercial leases, upgrade of Council facilities and major development projects in which the Council had a sole or significant interest.

RESOLVED:

That the Corporate Plan Key Action Plan 2016/17 – Quarter 1 Progress Report be noted.

(Chairman / Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Committee. This is attached along with an ongoing work programme. Members are asked at each meeting to review both documents.

Work Programme

At the joint meeting of O&S and Select Committee Chairmen and Vice Chairmen Co-ordinating Group held on 30 June 2016; the following additional matters for inclusion in this Committee’s work programme was identified. The additional items are:

·         Review of Land Drainage arrangements (on this agenda); and

·         Review of arrangements for ensuring the behaviour of licenced taxi drivers.

(a)          Terms of Reference

The select committee noted the Terms of Reference.

(b)          Work Programme

The select committee noted the updated Work Programme.

To consider which reports are ready to be submitted to the Overview and Scrutiny Committee at its next meeting.

The Director of Neighbourhoods advised that Members were free to proposed new items for the select committee Work Programme although these had to be confirmed by the Overview and Scrutiny Committee.