Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Democratic Services 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 Services Officer 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 Council is invited to stand for a minute’s silence in tribute to the memory of David Barrett, the former Area Housing Manager (South) who recently passed away.

It was with much sadness that the Chairman informed the Council that David Barrett, the former Area Housing Manager (South) had recently passed away.

The Council stood for a minute’s silence in tribute to his memory.

Members were informed that David Barrett had worked for the Council for 23 years  and had been instrumental in the setting up of Limes Farm. He had worked closely with residents, members and officers in relation to the Debden area of the District and several members paid tribute to him.

To approve as a correct record and sign the minutes of the meeting held on 17 December 2019 (attached).

            RESOLVED:

That the minutes of the Council meeting held on 17 December 2019 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor J McIvor declared a non-pecuniary interest in agenda item 10 ((a) Impact of Sky Lanterns and helium-filled balloons) by virtue of his business retailing the items. Councillor J McIvor advised that he would abstain from voting on this item.

(b)          Pursuant to the Council’s Code of Member Conduct, Councillors J Philip, N Avey and H Kauffman declared a non-pecuniary interest in agenda item 14 (Council Budget 2020/21) by virtue of being Interim Non-Executive Directors of Qualis. The Councillors advised that they would remain and vote on this item.

(c)           Pursuant to the Council’s Code of member Conduct, Councillor S Murray declared a non-pecuniary interest in agenda item 9 (Questions by Members without Notice) by virtue of being a Loughton Town Councillor. Councillor S Murray advised that he would remain in the Chamber for this item.

(a)        Apologies for Absence

(b)        Chairman’s Announcements

(a)          The Chairman’s Announcements

The Chairman informed members that he had attended many interesting events around the District which included digging the first turf for the construction of the Essex & Herts Air Ambulance Airbase at North Weald.

The Chairman also advised that he would be hosting a private tour and afternoon tea event at the Council’s Museum in Waltham Abbey on Thursday 2 April 2020, which would be in aide of this charities. All members were welcome to attended.

(b)          Flowers

The Chairman announced that he intended to send the flowers from the meeting to David Barrett’s daughter.

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 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.

Councillor C C Pond is invited to read out his question to the Planning Services Portfolio Holder

“What was his reasoning behind the release of planning permission on EPF/2092/18, Lippitts Hill, Waltham Abbey, when the increase in emissions in an area very close to the Special Area of Conservation would be likely to be significant when compared with the current (as opposed to some theoretical maximisation of the currently permitted) use.”

Any further questions will follow, if not received in time to be incorporated into the agenda and are in accordance with Council procedure rule Q1 Questions  by Members Following Notice.

Question by Councillor C C Pond to the Planning Services Portfolio Holder

“What was his reasoning behind the release of planning permission on EPF/2092/18, Lippitts Hill, Waltham Abbey, when the increase in emissions in an area very close to the Special Area of Conservation would be likely to be significant when compared with the current (as opposed to some theoretical maximisation of the currently permitted) use.”

Answer to Councillor C C Pond from Councillor J Philip, Planning Services Portfolio Holder

“As Portfolio Holder for Planning, I was not involved in the decision as it was taken under delegated authority by duly authorised officers of the Council.

The planning application was assessed as not causing harm to the integrity of the Epping Forest Special Area of Conservation in respect of the air pollution impact pathway.  This conclusion was drawn based on the fact that the use as stables did not cease until September 2017 (as verified by both an affidavit and a signed letter provided in support of an application for a Certificate of Lawful Existing Use granted under planning reference CLU/EPF/0920/18).  As such the traffic movements associated with the stables would have been included in the baseline traffic data collected during 2017 to inform the air quality modelling for the Council’s updated Habitats Regulations Assessment 2019. During the course of the application officers raised questions regarding the number of horses stated to have been kept at the site (40), and a further Transport Statement submitted in September 2019 therefore provided calculations for a reduced number of horses (16) based on the content of a past appeal decision dating back to 1986 referring to stabling space being available for at least 16 horses. This assessment confirmed a likely overall reduction in trips to and from the site. On this basis, it was accepted that the application proposal would not result in a net increase in Annual Average Daily Traffic over and above that generated by the lawful use as stables, and the granting of planning permission is considered to accord with the advice provided by Natural England to the Council in June 2018 and subsequently with regard to the acceptability of such proposals under the Habitats Regulations.

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 Business Support Services Portfolio Holder (attached);

(c)        Report of the Contract and Technical Services Portfolio Holder (attached);

(d)        Report of the Commercial and Regulatory Services Portfolio Holder (attached);

(e)        Report of the Community and Partnership Services Portfolio Holder (attached);

(f)        Report of the Customer Services Portfolio Holder (attached);

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

(i)         Report of the Planning Services Portfolio Holder (attached); and

(j)         Report of the Strategic Projects 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)          The Leader of Council

The Leader advised that the Council had successfully recruited the two Strategic Directors and a Chief Operating Officer. There had been 120 applications and the Senior Selection Panel and Solace, the Council’s recruitment advisors had selected 14 candidates that had under gone various assessments.

The successful candidates were Andrew Small, an external candidate who would become one of the Strategic Directors and Chief 151 Officer; the Interim Strategic Director, Sacha Jevans  and Nick Dawe, who would become the Chief Operating Officer.

(b)          Community and Partnership Services Portfolio Holder

Councillor N Bedford advised that the Police, Fire and Crime Commissioner for Essex, Roger Hirst had attended a members briefing before the Council meeting. He had  reported that 750 police officers had  now been recruited which brought the total of officers across Essex to 3400. Overall, there had been prudent savings, a reinvest of police assets, reduction in crime activity and hot spots were being dealt with across the District. The priorities going forward would be violent crime and drug related crime.

(c)           Strategic Projects Portfolio Holder

Councillor A Lion commented that he had attended the  ‘Be Part of the Next Generation of Digital Adoption’ conference held at the BT Tower in London this evening and around 60  business and local authorities had attended the event, which the Council had been instrumental in organising.

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.

(a)          Waltham Abbey Swimming Pool

Councillor D Dorrell asked the Contract and Technical Services Portfolio Holder whether he could provide an explanation for the recent closure of the swimming pools at Waltham Abbey Leisure Centre.

Councillor N Avey advised that Waltham Abbey Leisure Centre had experienced a boiler failure on 14 February 2020, which had resulted in both the main and learner pools being closed for five days. This had coincided with the school half term period and had caused public concern. The Leisure Contract Manager had been informed immediately and was updated on the progress of the repairs throughout this period. Customers were informed that the pools were closed through social media, notices  boards at the leisure centre and by staff as customers arrived, although the gym and studios remained open.

The repairs were carried out and both pools were fully re-open on the afternoon of Friday 21 February 2020. There had been no costs to the Council, as the repairs were met by the warranty. A report on the issue had been requested and members would  be update at the next meeting.

(b)          National Apprenticeship Week

Councillor S Murray asked the Leader whether he would like to comment on the Council’s Apprenticeship scheme following National Apprenticeship Week earlier this month.

Councillor C Whitbread advised that he fully supported the Council’s Apprenticeship scheme and the opportunities it provided the residents of the District.

The Chairman of Council, Councillor R Bassett commented that he had worked with a number of the apprentices and praised them for their skills and helpfulness. In addition, the Strategic Projects Portfolio Holder advised that the BT conference had been  organised by one of the Council’s Higher Level Apprentices, which demonstrated the values and skills that the apprentices were obtaining through the Council’s scheme.

(c)           No. 87 Bus Service

Councillor S Jones asked the Strategic Projects Portfolio Holder what the Council was doing to prevent the demise of the No. 87 bus, which provided a bus service from Harlow through to the Epping Forest Retail Park in Loughton.

Councillor A Lion advised that he had been working closely with Essex County Council and Councillor C C Pond, concerning the closure of the route. In conjunction with Epping Forest Transport there was a belief that the service could be provided at a lower cost. In the meantime, the Council would provide £50,000 match funding with Essex County Council to provide an interim service, whilst a longer term solution could be found.

(d)          Climate Emergency

Councillor S Neville asked the Community and Partnership Services Portfolio Holder and Climate Emergency Champion, what plans the Council had to scrutinize the Cabinets decisions regarding the Climate Emergency.

Councillor N Bedford advised that currently no considerations had been made, although the Council was hosting a Green conference in March/April where this would be discussed . 

Councillor J Philip advised that the Council planned to recruit a Climate Change Officer and a Sustainable Transport Officer, and the Cabinet decisions concerning the climate emergency  ...  view the full minutes text for item 87.

(a)          Impact of Sky Lanterns and Helium-filled Balloons

Proposed by: Councillor S. Murray

Seconded by: Councillor S. Neville

“That Epping Forest District Council

(1)        Notes the environmental and biological impact of the release of sky lanterns and helium-filled balloons;

(2)        Asks our environmental services team to prepare a report on the possibility and practicalities of banning their release on Council owned land; and

(3)        Resolves to write to the new Government to ask them to actively consider a general legal ban on their release”.

(b)          International Holocaust Remembrance Alliance (IHRA) Guidelines on Antisemitism

Proposed by: Councillor C. Whitbread

Seconder: Councillor J. Philip

“Epping Forest District Council abhors racism in all forms and is particularly concerned at the rise in profile and frequency of antisemitism nationally.

We therefore welcome the Government’s announcement on 11 December 2016 that it will sign up to the internationally recognised International Holocaust Remembrance Alliance (IHRA) guidelines on antisemitism which define antisemitism as:

‘Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, towards Jewish Community institutions and religious facilities.’

The guidelines highlight manifestations of antisemitism as including:

•           calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;

•           making mendacious, dehumanising, demonising or stereotypical allegations about Jews as such or the power of Jews as collective, such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;

•           accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;

•           denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);

•           accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;

•           accusing Jewish citizens as being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;

•           denying the Jewish people their right to self-determination, e.g. by claiming that the existence of the State of Israel is a racist endeavour;

•           applying double standards by requiring of it a behaviour not expected or demanded of any other democratic nation;

•           using the symbols and images associated with classic antisemitism (e.g. claims of Jews killing Jesus or blood libel) to characterise Israel or Israelis;

•           drawing comparisons of contemporary Israeli policy to that of the Nazis; and

•           holding Jews collectively responsible for the actions of the state of Israel;

This Council therefore resolves to:

(1)        State its condemnation of all forms of racism in all of its manifestations; and

(2)        Adopt the IHRA definition of antisemitism  ...  view the full agenda text for item 88.

(a)          Impact of Sky Lanterns and Helium-filled Balloons

Moved by Councillor S Murray and seconded by Councillor S Neville

“That Epping Forest District Council

(1)        Notes the environmental and biological impact of the release of sky lanterns and helium-filled balloons;

(2)        Asks our environmental services team to prepare a report on the possibility and practicalities of banning their release on Council owned land; and

(3)        Resolves to write to the new Government to ask them to actively consider a general legal ban on their release”.

Carried

Motion as first proposed ADOPTED

            RESOLVED:

            That Epping Forest District Council

(1)        Notes the environmental and biological impact of the release of sky lanterns and helium-filled balloons;

(2)        Asks our environmental services team to prepare a report on the possibility and practicalities of banning their release on Council owned land; and

(3)        Resolves to write to the new Government to ask them to actively consider a general legal ban on their release.

(b)          International Holocaust Remembrance Alliance (IHRA) Guidelines on Antisemitism

Moved by Councillor C Whitbread and seconded by Councillor J Philip

“Epping Forest District Council abhors racism in all forms and is particularly concerned at the rise in profile and frequency of antisemitism nationally.

We therefore welcome the Government’s announcement on 11 December 2016 that it will sign up to the internationally recognised International Holocaust Remembrance Alliance (IHRA) guidelines on antisemitism which define antisemitism as:

‘Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, towards Jewish Community institutions and religious facilities.’

The guidelines highlight manifestations of antisemitism as including:

•           calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion;

•           making mendacious, dehumanising, demonising or stereotypical allegations about Jews as such or the power of Jews as collective, such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;

•           accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews;

•           denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust);

•           accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;

•           accusing Jewish citizens as being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations;

•           denying the Jewish people their right to self-determination, e.g. by claiming that the existence of the State of Israel is a racist endeavour;

•           applying double standards by requiring of it a behaviour not expected or demanded of any other democratic nation;

•  ...  view the full minutes text for item 88.

(Strategic Projects Portfolio Holder on behalf of the Business Service Portfolio Holder) To consider the attached report.

Mover: Councillor A Lion, Strategic Projects Portfolio Holder

Councillor A Lion presented a report regarding the Council’s Pay Policy Statement for 2020/21, which was required by Section 38 (1) of the Localism Act 2011 and set out details of the Council’s current practices and policies. This specifically included the Council’s approach to its highest and lowest paid employees.

Report as first moved ADOPTED

            RESOLVED:

That, the Council’s Pay Policy Statement for 2020/21 attached to these minutes be adopted.

(Customer Services Portfolio Holder) To consider the attached report.

Mover: Councillor S Kane, Customer Services Portfolio Holder

Councillor S Kane submitted a report regarding the Calendar of Council meetings for 2020/21.

Councillor M Sartin requested that the Joint Meeting of the Overview & Scrutiny Chairmen & Vice-Chairmen Committee be altered, if possible and be held outside the school holiday period.

Report as first moved ADOPTED

            RESOLVED:

That subject to the alteration of the Overview and Scrutiny Chairmen and Vice-Chairmen Committee on 28 July 2020, the draft Calendar of Council meetings for 2020/21 as attached be adopted.

(Leader) To consider the attached report.

Mover: Councillor C Whitbread, Leader of Council

Councillor C Whitbread presented the Statutory Statement of Accounts for 2018/19. He advised that there had been delays in the completion of the accounts although only minor changes to the original draft accounts had been required and the external auditors would be submitting their formal opinion shortly.

The Chairman of the Audit & Governance Committee, Councillor J Knapman advised that following significant delays, the Audit and Governance Committee had been kept informed and the process would be improved for the future.

Report as first moved ADOPTED

            RESOLVED:

            That the Statutory Statement of Accounts for 2018/19  be adopted.

(a)          (The Leader) To consider the attached report.

Notes

That a recorded vote is held on the recommendations contained within the report, in accordance with the Council Procedure Rule V3 ‘Voting at Budget Decision Council 18 February 2016 Meetings’ which directs Members to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, immediately after any vote is taken at a budget decision meeting there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

“Budget decision” means a meeting at which:

(a)          a calculation is made (whether originally or by way of substitute) in accordance with any of the Sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49,

52ZF, 52ZJ of the Local Government Finance Act 1992, as amended; or

(b)        a precept is issued under Chapter 4 of Part 1 of that Act,

and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting.

References to a vote are references to a vote not only on the substantive budget motions agreeing the budget, setting council taxes or issuing precepts, but also on any amendments proposed at the meeting.

Mover: Councillor C Whitbread, on behalf of the Business Support Services Portfolio Holder

Councillor C Whitbread presented a report on the Council Budget and Council Tax Declarations for 2020/21 and thanked all officers involved in the process.

There voted for the recommendations (39) namely:

N Avey, R Baldwin, R Bassett, N Bedford, P Bolton, H Brady, R Brookes, L Burrows,

D Dorrell, S Heap, S Heather, B Jennings, J Jennings, S Jones, H Kane, S Kane, H Kauffman, J Knapman, J Lea, J Leppert, A Lion, C McCredie, J McIvor, S Murray, S Neville, A Patel, C C Pond, C P Pond, S Rackham, B Rolfe, M Sartin, J Share-Bernia, P Stalker, D Stocker, B Vaz, C Whitbread, H Whitbread, J H Whitehouse, J M Whitehouse and D Wixley.

There voted against the recommendations (0).

There voted to abstain (1) namely: D Plummer.

Report as first moved ADOPTED.

            RESOLVED:

(1)  That the changed format of the Financial Strategy of the Authority which contained the same information as in previous years be noted;

(2)  That the budget and recharges set out in appendix C1-C9 were correct in total but may require further  redistribution before the issue of operational budgets to managers on the 31 March 2020 be noted;

(3)  That following the Cabinet meeting on the 6 February 2020, the figures and assumptions had been reviewed and took in account the further details received and comments made by members;

(4)  That the Medium-Term Financial Strategy as attached to these minutes be approved;

(5)  That the importance of income from Qualis in respect to the Medium-Term Financial Strategy and the Budget and the value and importance of developments that Qualis income would support, be noted.

(6)  That the 2020/21 Budget as set out in detail to these minutes be adopted;

(7)  That the approach to cost and income inflation would be 3.0%; rents would rise per the national formula of 2.7% and car parking income would not rise at all, pending the outcome of the review be noted;

(8)  That the list of revenue developments including additional income assumptions, capital schemes and loan requirements be approved;

(9)  That the revenue developments and additional income assumptions as set out in Appendix B.1 to a net value of £512,886 be approved;

(10)That the General and HRA capital spend of £26,549,250 in total as detailed in Appendix B.1 be approved;

(11)That loans to Qualis totalling up to £120m in 2020/21 and 2021/22 and further borrowing of up to £30m to fund the housing and general capital programme and provide cash-flow flexibility on a week by week basis be approved;

(12)That net staff and management savings to a value of £1,130,686 for 2020/21 had been included in the service budget figures and no further savings were required to balance the budget for 2020/21, be noted;

(13)That the District Development Fund funded developments for 2020/21 which indicated a draw of £1,164,590 and a replenishment of £851,704 be approved;

(14)That 2% had been  ...  view the full minutes text for item 92.

To consider the attached report.

Mover: Councillor C Whitbread, Leader of the Council

Councillor C Whitbread advised that following Councillor G Mohindra recent election to Parliament and increased commitments in this role, he would be unable to attend meetings on a regular basis and would like to stand down as chairman of the Area Planning Sub-Committee South. Therefore, the Council was requested to appoint a replacement for this role for the remainder of the current municipal year.

In addition to this, the Leader had indicated that he wished to formally replace the appointment of Councillor G Mohindra on the District Development Management Committee for the remainder of the 2019/20 municipal year.

            RESOLVED:

(1)          That Councillor J Share-Bernia be appointed as the chairman of the Areas Plans Sub-Committee South for the remainder of the 2019/20 municipal year; and

(2)          That Councillor G Mohindra be removed as a member of the District Development Management Committee and Councillor N Bedford be appointed  for the remainder of the 2019/20 municipal year.

To receive the report of the Chairman of the Overview and Scrutiny Committee and to answer any questions without notice asked in accordance with Council Rules.

The Council received a written report from Councillor M Sartin, the Chairman of the Overview and Scrutiny Committee which was noted.

(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)          Epping Forest Local Liaison Group (EFLLG)

Councillor B Jennings commented that the EFLLG had recently met and he would like a representative to report back to the Council.

Councillor J Philip advised that there were a number of representatives for this organisation and he would collate the information.  

(b)          Health and Wellbeing Board

Councillor J H Whitehouse asked for an update from the Health & Wellbeing Board for the next meeting.

(c)          Board of New City College and Local Advisory Board for the Epping Forest Campus College

Councillor R Bassett advised that he would be bring a report to the next Council meeting.