Agenda and minutes

Council
Tuesday, 20th December, 2016 7.30 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Council Secretary: Simon Hill  Tel: 01992 564249 Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

67.

Webcasting Introduction

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Assistant Director of Governance and Performance Management 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.”

Additional documents:

Minutes:

The Assistant Director of Governance and Performance Management 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.

68.

Minutes pdf icon PDF 77 KB

To approve as a correct record and sign the minutes of the meetings held on 18 October 2016 and 1 November 2016 (attached).

Additional documents:

Minutes:

            RESOLVED:

 

That the minutes of the Extraordinary Council meeting held on 18 October 2016 and the Council meeting 1 November 2016 be taken as read and signed by the Chairman as a correct record subject to the transposing of the word  ‘for’ and ‘against’ in the recorded vote amendment within the Extraordinary Council meeting on 18 October 2016, item 53 Draft Epping Forest District Local Plan for Consultation.

69.

Declarations of Interest

To declare interests in any item on the agenda.

Additional documents:

Minutes:

Pursuant to the Council’s Code of Member Conduct, Councillor S Murray declared an interest by virtue of being employed by the school mentioned within item 9 - Motions on the agenda and that he considered it was an indirect pecuniary interest and would  therefore remain in the meeting and vote.

 

Pursuant to the Council’s Code of Member Conduct, Councillor B Jennings declared a non pecuniary interest in item 16 – Appointment of External Auditor by virtue of being a member of the Local Government Association. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the item and voting thereon.

70.

Announcements

(a)        Apologies for Absence

 

(b)        Chairman’s Announcements

Additional documents:

Minutes:

(a)        Announcements by the Chairman of Council

 

(i)         Councillor T Boyce

 

The Chairman advised that Councillor T Boyce had now been moved to St Margaret’s Hospital, Epping.

 

(ii)        Chairman’s Events

 

The Chairman advised that she had attended several Nativity plays within the District and that the Civic Carol Service held at Waltham Abbey Church had been well attended.

 

The Chairman also wished to send thoughts and well wishes to the families recently involved in the terrorist attacks in Europe.

 

(iii)       Floral Display

 

The Chairman announced that she proposed to send the flowers from this evenings meeting to Forest Place Nursing Home, Buckhurst Hill.

 

(iv)       Former District Councillor Joy Wainwright

 

It was with much sadness that the Chairman informed the Council of the death of former Councillor Joy Wainwright.

 

Joy Wainwright had represented the Theydon Bois Ward as a Conservative District Councillor, from the inception of Epping Forest District Council in 1974, until 1990. She had served on various member bodies during this time, including the Development Committee, the Environment Health and Control Committee, the Housing Committee, the Policy and Co-ordinating Committee and the Joint Staff Committee. Joy Wainwright had been also Vice-Chairman of the former Plans Sub-Committee ‘A’, from 1979 to 1989.

 

Members paid tribute to the memory of former District Councillor Joy Wainwright and stood for a minute’s silence in her memory.

71.

Public Questions (If Any)

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.

Additional documents:

Minutes:

The Council noted that there were no public questions under notice for the meeting.

72.

Questions By Members Under Notice

To answer questions asked after notice in accordance with the provisions contained within the Council 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 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.

Additional documents:

Minutes:

The Council noted that there were no questions by Members under notice for the meeting.

73.

Reports from the Leader and Members of the Cabinet pdf icon PDF 76 KB

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 Assets and Economic Development Portfolio Holder (attached);

 

(c)        Report of the Environment Portfolio Holder(attached);

 

(d)        Report of the Finance Portfolio Holder (attached);

 

(e)        Report of the Governance and Development Management Portfolio Holder (attached);      

 

(f)        Report of the Housing Portfolio Holder (attached);

 

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

 

(h)        Report of the Planning Policy Portfolio Holder (attached);

 

(i)         Report of the Safer, Greener and Transport Portfolio Holder (attached); and

 

(j)         Report of the Technology and Support Services Portfolio Holder (attached).

Additional documents:

Minutes:

(a)        The Leader of Council

 

The Leader advised that he had attended a variety of meetings with various organisations around the District and specifically with Councillor J Philip with regards to the Draft Local Plan Consultation. He advised that an extraordinary amount of effort had been put into the communication of which he thanked both the Planning Policy Portfolio Holder and Officers.

 

The Leader informed the Council that he had recently had the opportunity to explore new ideas for the District, which had included looking at modular units with the Housing Portfolio Holder and Housing Officers. He advised that the modular units were manufactured at North Weald Airfield and could also help with the Districts’ homelessness provision and tackling the bed and breakfast problems. 

 

In addition, he had hosted a visit from the new Chairman of South East Local Enterprise Partnership (SELEP) Christian Brodie, where he had been able to showcase the District and demonstrate the Council’s future economic visions including Langston Road Development and North Weald Airfield. Furthermore, he had recently walked around the whole St John’s site in Epping, which had been finally acquired with the help of Officers, Essex County Councillor A Jackson and the Chief Executive.  Finally, the Leader advised that the Council had hosted the Locality Board with Local MP’s, Essex County Councillors and the Police and Crime Commissioner, where he explained his visions and plans for the future of Policing in the District.

 

(b)        Safer, Greener & Transport Portfolio Holder

 

Councillor G Waller advised that following the recent murder trial involving a Theydon Bois resident concluding at Chelmsford Crown Court, the victim’s husband had been convicted of murder and arson and sentenced to life imprisonment with a minimum term of 24 years. He advised that the Domestic Homicide Review would resume, establishing any relevant lessons to be learnt and learn how comparable occurrences maybe avoided. It would restart on Friday 6 January 2017.

 

(c)        Planning Policy Portfolio Holder

 

Councillor J Philip updated Members on the draft consultation for the Local Plan. He advised that 12,000 unique visitors had accessed the website, 15,000 social media accounts had been reached with 1,000 impressions given and 6 events held with 1200 attendees. There had been 3,400 responses to the draft plan received with 1670 responses online, 200 hard copies, 710 letters and 747 emails. Officers would now check for duplicates and begin data analysis of the responses with a report being brought to Cabinet in March 2017. He thanked everyone who had completed a consultation and all the Councillors that assisted residents.

 

(d)        Assets and Economic Development Portfolio Holder

 

Councillor A Grigg made a correction to her report regarding the name of new Chairman of SELEP’s name being Mr Brodie, not Mr Keiffer who had also been present but the previous Chairman of SELEP.

 

(e)        Housing Portfolio Holder

 

Councillor S Stavrou advised that the Communities Select Committee on 17 January 2017, had been asked to consider a comprehensive report regarding the current homelessness situation in the District; increasing  ...  view the full minutes text for item 73.

74.

Questions by Members Without Notice

The Council 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.

 

Council Rules provide that answers to questions without notice may take the form of:

 

(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 Chief Officer.

 

In accordance with the Council 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 10 minutes at their discretion.

Additional documents:

Minutes:

(a)          St John’s Site

 

Councillor H Whitbread asked the Asset & Economic Development Portfolio Holder whether following the completion of the St John’s site, she had any ideas on the planning application timescales and if this would provide an opportunity for consultation with Epping Residents on the proposed design.

 

Councillor A Grigg advised that she was delighted that the St John’s site was now in the Council’s ownership. The mixed use scheme would provide a cinema, food store, flats, shops and a public realm (open space), via a tri-part agreement and was subject to planning consent. There would be an opportunity for Epping Residents to shape this, which would be through the planning process. 

 

(b)          Local Plan

 

Councillor S Neville advised that some residents within his Buckhurst Hill East Ward had not received any correspondence regarding to the Draft Local Plan Consultation and asked whether the Planning Policy Portfolio Holder would apologize for this error. 

 

Councillor J Philip advised that he would not apologise because he had indicated to Members several times, that if they had been made aware of any areas within their Wards that had not received information on the consultation to notify him and he had received no communication. He also stated that every Member had been supplied with a tool kit to help assist residents. Furthermore he had not been aware of any systematic errors with delivery and that leaflets delivered to all residents in the District had not been wholly relied upon, with a huge amount of publicity completed through other means.

 

Councillor J Philip advised that he was glad to hear that the residents involved had responded to the consultation.

 

(c)          Langston Road Retail Park

 

Councillor J Knapman asked the Asset & Economic Development Portfolio Holder for an update on the leasing of the retail units at Langston Road Retail Park.

 

Councillor A Grigg advised that the negotiations were going well, although no further information was currently available because the interested companies preferred no publicity until agreements had been signed. The consultants had advised that there was still strong interest and they were confident that the units would be filled.

 

(d)          Food Bank

 

Councillor S Murray asked the Leader whether he shared his concerns regarding the increasing number of families and individuals requiring the services of the Epping Forest Foodbank and the great appreciation the Council has for the service.

 

Councillor C Whitbread advised that he agreed that the Foodbank provided an exceptional service, which had been needed in the community and that the Council was happy support any organisation that had the best interests of the District at heart.

 

(e)          Pre application income

 

Councillor C C Pond asked the Governance and Development Management Portfolio Holder in what manner the Development Control Officers expressed the acceptability of a  scheme in Pre-Application discussion and whether Officers should advise that the advice was always subject to the judgement of Members, should it go to a planning sub-committee.

 

Councillor R Bassett advised that Pre-Application advice was for applicants to  ...  view the full minutes text for item 74.

75.

Motions

To consider any motions, notice of which has been given under Council Rules.

 

(a)       Area Plans Sub-Committee South – Location of Meetings

 

Proposed by: Councillor G. Chambers

 

Seconder: Councillor A. Lion

 

“That, with effect from the 2017/18 municipal year and notwithstanding Rule T1(2) of the Council Rules of the Constitution, meetings of Area Plans Sub-Committee South be held at the Civic Offices in Epping”

 

Other motions, if any, will follow in accordance with the Council Procedure Rule 13.

 

Additional documents:

Minutes:

(a)        Area Plans Sub-Committee South – Location of Meetings

 

Moved by Councillor G Chambers and seconded by Councillor A Lion

 

“That, with effect from the 2017/18 municipal year and notwithstanding Rule T1(2) of the Council Rules of the Constitution, meetings of Area Plans Sub-Committee South be held at the Civic Offices in Epping”

 

Amendment moved by Councillor C C Pond and Seconded by Councillor H Kauffman

 

“That given the lack of consultation with Members and the public, under the Council Constitution, Council Rules, M6 Motions – Rules of Debate the Council proceeds to the next business on the agenda.”

 

Lost

 

Following further debate Councillor G Chambers moved the motion on the agenda which was carried.

 

Councillor S Murray requested that his vote against the motion be recorded within the minutes under the Council Constitution Rule - V1 Voting - Right to Require Individual Vote to be Recorded.

 

Motion as first Moved ADOPTED

 

            RESOLVED:

 

            That, with effect from the 2017/18 municipal year and notwithstanding Rule T1(2) of the Council Rules of the Constitution, meetings of Area Plans Sub-Committee South would be held at the Civic Offices in Epping.

76.

Members' Allowances Scheme - Annual Review 2017/18 pdf icon PDF 97 KB

(Chairman of Remuneration Panel) To consider the attached report.

Additional documents:

Minutes:

The Director of Governance, C O’Boyle presented a report on behalf of the Chairman of the Remuneration Panel following a review of the following aspects of the Members’ Allowances Scheme:

 

(a)        Basic Allowance;

 

(b)        Special Responsibility Allowances; and

 

(d)        Travel, subsistence and certain other allowances.

           

Report as first moved ADOPTED

 

            RESOLVED:

 

Basic Allowance

 

(1)          That no change be made to the implementation of the full amount of Basic Allowance of £4,300.00 per member per annum, currently included in the Council’s Members’ Allowances Scheme;

 

Special Responsibility Allowance

 

(2)          That, with effect from the commencement of the 2017/18 municipal year, the Special Responsibility Allowance applicable to the position of the Chairman of the Epping Forest Standards Committee, be applied at the rate of £110.00 per meeting; and

 

Revised Scheme and Guidance

 

(3)          That, subject to the above recommendations and other administrative matters set out in the report, the Members’ Allowances Scheme and Guidance for 2017/18, be adopted and implemented with effect from 26 May 2017.

 

77.

Local Council Tax Support Scheme 2017/18 pdf icon PDF 72 KB

(Finance Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor G Mohindra, Finance Portfolio Holder

 

Councillor G Mohindra submitted a report regarding the Local Council Tax Support Scheme for 2017/18.

 

Report as first moved ADOPTED

 

RESOLVED:

 

That the revised Local Council Tax Support Scheme 2017/18 be approved.

78.

Capital Review 2016/17 - 2020/21 pdf icon PDF 72 KB

(Finance Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover Councillor G Mohindra, Finance Portfolio Holder

 

Councillor G Mohindra submitted a report seeking Capital supplementary funding for three areas including the St John’s Road development, Grounds Maintenance Vehicles and Disabled Facility Grants.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

(1)        That a Capital supplementary of £346,000 in 2016/17 for the St John’s Road development be approved;

 

(2)        That a Capital supplementary of £28,000 for Grounds Maintenance Vehicles be approved; and

 

(3)        That a Capital supplementary of £130,000 for Disabled Facility Grants be approved.

79.

Waste Management Service - Revised Funding pdf icon PDF 78 KB

(Environment Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor W Breare-Hall, Environment Portfolio Holder

 

Councillor W Breare-Hall submitted a report regarding the revised funding for the Waste Management Services. He advised that the sum of £202,654 from the District Development Fund for  the costs of a change in the composition of the dry recyclable materials collected for the period November 2015 to March 2016 had been revised to £59,600.

 

Report as first moved ADOPTED

 

RESOLVED:

 

(1)        That the following District Development Fund supplementary for 2016/17 regarding the cost pressures on the Council’s Waste Management service be approved;

 

(a)        a sum of £90,640 from the District Development Fund for the costs of additional dry recycling sacks for the period July 2015 to March 2016;

 

(b)        a sum of £59,600 from the District Development Fund for  the costs of a change in the composition of the dry recyclable materials collected for the period November 2015 to March 2016; and

 

(c)        a sum of £64,000 from the District Development Fund for the costs of the increased number of properties within the District for the period November 2014 to March 2016.

80.

Calendar of Council Meetings 2017/18 pdf icon PDF 76 KB

(Governance & Development Management Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor R Bassett, Governance and Development Management Portfolio Holder.

 

Councillor R Bassett submitted a report regarding the Calendar of Council meetings for 2017/18.

 

Report as first moved ADOPTED

 

RESOLVED:

 

That, as attached at Appendix 1, the draft Calendar of Council Meetings for 2017/18 be adopted.

81.

Overview and Scrutiny Progress Report pdf icon PDF 105 KB

(a)          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.

Additional documents:

Minutes:

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

82.

Appointment of External Auditor pdf icon PDF 68 KB

(Chairman of the Audit & Governance Committee) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor J Knapman, the Chairman of the Audit and Governance Committee

 

Councillor J Knapman submitted a report regarding the option of opting into the Appointing Person arrangements that had been made available by the Public Sector Audit Appointments (PSAA) for the appointment of an External Auditor.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the Appointing Person arrangements made by the Public Sector Audit Appointments for the appointment of an External Auditor be approved.

 

83.

Hackney Carriage & Private Hire Licensing Conditions & Guidance pdf icon PDF 73 KB

(Chairman of the Licensing Committee) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor B Surtees, the Chairman of the Licensing Committee

 

Councillor B Surtees submitted a report regarding revised Hackney Carriage and Public Hire Licensing Conditions and Guidance. He advised that a minor change was required to the title page of the Private Carriage Driver’s Licence Guidance from ‘Hackney’ to ‘Private Hire’ within the title.

 

Report as first moved ADOPTED

 

RESOLVED:

 

That the Hackney Carriage and Public Hire Licensing Conditions and Guidance be adopted.

84.

Gambling Act 2005 - Periodic Revision of Statement of Principles pdf icon PDF 61 KB

(Chairman of the Licensing Committee) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor B Surtees, the Chairman of the Licensing Committee

 

Councillor B Surtees submitted a report regarding revisions of the Statement of Principles Gambling Act 2005, Statement of Principles.

 

Report as first moved ADOPTED

 

RESOLVED:

 

That the statement of principles made under the Gambling Act 2005 be adopted.

85.

Overview and Scrutiny Rule 53 (Call-In and Urgency) - Transformation Programme - Accommodation Review and the Draft Chigwell Neighbourhood Plan - Epping Forest District Council Response pdf icon PDF 74 KB

To note the attached decisions taken by the Chairman of the Council, to waive the call-in provisions of the Overview and Scrutiny Rules of the Constitution.

 

Additional documents:

Minutes:

The Council noted that the Chairman of the Council had agreed that the following decisions be treated as a matter of urgency and not subject to call in:

 

1.         Transformation Programme – Accommodation Review

 

That the quotation of £18,500 received from PricewaterhouseCoopers (PwC) for the extension of the scope of the current accommodation review, be accepted.

 

2.         Draft Chigwell Neighbourhood Plan - Epping Forest District Council Response

 

That the Council’s response to the Chigwell Neighbourhood 2015-2030 Pre-Submission Plan, be confirmed.

86.

Joint Arrangements and External Organisations pdf icon PDF 50 KB

(a)               To receive the attached report from Councillor H. Kane, as the Council’s representative on Waltham Abbey Royal Gunpowder Mills Ltd.;

 

(b)               To receive from Council representatives any other reports 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

 

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

Additional documents:

Minutes:

(a)        Royal Gunpowder Mills

 

The Council received a written report regarding the Royal Gunpowder Mills from Councillor H Kane, the Council’s representative.

 

(b)        There were no further updates from Council representatives on any other business on joint arrangements and external organisations and no requests were made for the next meeting.

87.

Exclusion of Public and Press

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

Nil

Nil

Nil

 

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.

 

Background Papers:  Article 17 of the Constitution (Access to Information) 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 and in respect of executive reports, the advice of any political advisor.

 

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

Additional documents:

Minutes:

The Council noted that the Management of the Council’s Leisure Facilities – Award of Contract no longer necessitated the exclusion of public and press. The Council therefore agreed to continue in public session.

88.

Management of the Council's Leisure Facilities - Award of Contract pdf icon PDF 131 KB

(Leisure & Community Services Portfolio Holder) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor H Kane, Leisure and Community Services Portfolio Holder

 

Councillor H Kane submitted a report regarding the award of the contract for the  Management of the Council’s Leisure Facilities.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That, on the basis of the Final Evaluation of the Tender Submissions and Financial Implications for the Council, the award of the contract for the management of the Council’s Leisure Facilities to Places for People Leisure Management Limited be approved as the preferred bidder, with SLM Everyone Active as reserve.