Agenda and minutes

Council
Tuesday, 25th April, 2017 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

107.

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.

108.

Minutes pdf icon PDF 1 MB

To approve as a correct record and sign the minutes of the meeting held on 21 February 2017(attached).

Additional documents:

Minutes:

            RESOLVED:

 

That the minutes of the Council meeting on 17 February 2017 be taken as read and signed by the Chairman as a correct record.

109.

Declarations of Interest

To declare interests in any item on the agenda.

Additional documents:

Minutes:

(a)          Pursuant to the Council’s Code of Member Conduct, Councillor G Mohindra declared a non pecuniary interest in item 12, Planning Application EPF/2473/16 Woodview, Lambourne Road, Chigwell by virtue of being the Chairman of the Epping Forest Conservative Association and the applicant being a donor. The Councillor advised that he would remain in the meeting for the duration of the discussion and voting on the application.

 

(b)          Pursuant to the Council’s Code of Member Conduct, Councillor C C Pond declared a non pecuniary interest in item 12, Planning Application EPF/2473/16 Woodview, Lambourne Road, Chigwell by virtue of being a member of the Victorian Society. The Councillor advised that he would remain in the meeting for the duration of the discussion and voting on the application.

 

(c)          Pursuant to the Council’s Code of Member Conduct, Councillor A Patel declared a non pecuniary interest of item 12, Planning Application EPF/2473/16 Woodview, Lambourne Road, Chigwell. The Councillor advised that following consideration of the Public Perception test he would leave the meeting for the duration of the discussion and voting on the application.

110.

Former Councillor Michael Tomkins

The Council is invited to stand for a minute’s silence in tribute to the memory of former Councillor Michael Tomkins, who passed away on 3 March 2017.

 

He was also a County Councillor for Chigwell & Loughton Broadway from 2005 to 2009.  

 

Michael Tomkins represented the Grange Hill Ward of the District as a Conservative Councillor, from 1988 until 1996. He served on many of the Council’s various member bodies during this time, including:

 

Audit and Business Rate Consultative Panel;

Creation of Parishes (Working Group);

Community Charge and Housing Benefits Panel (Review Board);

Council Strategy (Working Group);

Environment (Working Group);

Environmental Protection;

Epping Forest (unparished area) Advisory Forum;

Grant Aid Panel;

Hospital Services;

Housing Committee

Housing Benefits review Board;

Licensing Panel;

Personnel Sub-Committee;

Planning Applications (Roding Road);

Plans Sub-Committee ‘B’;

Policy & Co-Ordinating Committee

Public Health Committee;

Public Services (Working Group); and

Traps Hill Development.

Additional documents:

Minutes:

It was with sadness that the Chairman informed the Council of the death of former Councillor Michael Tomkins.

 

Michael Tomkins had served as a Conservative District Councillor representing the Grange Hill Ward from 1988 until 1996. He had served on various Committees including Audit and Business Rate Consultative Panel, Creation of Parishes (Working Group), Community Charge and Housing Benefits Panel (Review Board), Council Strategy (Working Group), Environment (Working Group), Environmental Protection, Epping Forest (unparished area) Advisory Forum, Grant Aid Panel, Hospital Services, Housing Committee, Housing Benefits review Board, Licensing Panel, Personnel Sub-Committee, Planning Applications (Roding Road), Plans Sub-Committee ‘B’; Policy & Co-Ordinating Committee, Public Health Committee, Public Services (Working Group); and Traps Hill Development. He was also a County Councillor for Chigwell & Loughton Broadway from 2005 to 2009. 

 

Members paid tribute to the memory of former District Councillor Michael Tomkins and stood for a minute’s silence in his memory.

111.

Announcements

(a)        Apologies for Absence

 

(b)        Chairman’s Announcements

 

(c)        Change of Date for Council

 

To note that the Council meeting on Tuesday 25 July 2017 would now be held on Thursday 27 July 2017.

Additional documents:

Minutes:

(a)        Announcements by the Chairman of Council

 

(i)            Chairman’s Events

 

The Chairman advised that her Charity Quiz night had raised £1040. She had also attended the Council’s Celebrating Success event at the Civic Offices, met with His Royal Highness Prince Henry of Wales in Epping Forest for the Wood Pasture Restoration Project and for the Queen’s Scouts Awards she had attended Windsor Castle with Bear Grylls.

 

(ii)           Change of Date for Council

 

The Council noted the change of date and that the July Council meeting would now be held on Thursday 27 July 2017.

 

(iii)          Floral Display

 

The Chairman announced that she proposed to send the flowers from this evenings meeting to Mrs Tomkins.

112.

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 submitted for consideration at the meeting.

113.

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 public questions submitted for consideration at the meeting.

114.

Reports from the Leader and Members of the Cabinet pdf icon PDF 69 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 the Council

 

The Leader informed members that he had attended a number of meetings representing the Council since the last meeting and thanked those who had recently attended the Local Plan workshop.

 

He advised that he had visited the Epping Forest Shopping Park and noted that good progress was being made in time for the completion date in late September 2017. Furthermore, he had also visited the new depot at Oakwood Hill with other Cabinet Members, where they would be actively pursuing full use of the space available as part of the transformation process and similarly, he had met with the Assets and Economic Development Portfolio Holder, Epping Town Council and the nominated partner Frontier Estates regarding the St John’s Epping Site.

 

In addition the Leader had met with the Police and Crime Commissioner for Essex, Roger Hirst and Essex Leaders to discuss concerns generated by unauthorised incursions and developments by the traveling community, which would ensure that all forms of development were properly regulated and sections of the community were treated equally.

 

Finally he had recently attended the staff briefings, where Chief Executive and himself had presented their vision for the future of the Council. He advised that a Task and Finish Panel had been set up to review the scrutiny of the Transformation process. 

 

(b)          Planning Policy Portfolio Holder

 

The Planning Policy Portfolio Holder advised that he had been very grateful to the Members who had attended the recent Place Making workshop and that the South of District’s workshop would be on Thursday 27 April 2017. He advised that they were drawing up a list of remaining workshops for the year and where possible he would try and avoid weekends. He stated that further evidence bases were currently being considered and he would feed back the information to Members as part of the regulation 18 consultation. There had also been a number of new sites identified which had not yet been analysed and this would be reported back to Members.

 

(c)          Governance and Development Management  Portfolio Holder

 

The Governance and Development Management Portfolio Holder highlighted a number of items which included a revenue increase of 15% in the last two years in both Building and Development Control, which had been reinvested in the service and thanked the Legal Section who had completed the recent Leisure, Off Street Parking and St John’s Road Development site contracts.

115.

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)          Potential use of Zinc Arts, Ongar for Homeless Accommodation

 

Councillor P Keska asked the Housing Portfolio Holder whether the potential use of Zinc Arts, Ongar for homeless single people or a single parent with a child would be temporary and whether she could give any information on the long term arrangements.

 

Councillor S Stavrou advised that Zinc Arts had approached the Council regarding the 25 units, which had proved hard to occupy and the recent planning permission that had been acquired for the educational block to become residential flats. The Council had been pleased to receive the offer, as there was a nationwide shortage of homeless accommodation although to commit to placing 25 individuals or single parent families within one area had to be investigated by officers. Therefore to comply with the national guidelines to remove homeless households from bed & breakfast accommodation, the Council would embark upon a limited trial for 3 months with three household or individuals. The Council would not be committed to either taking up the remaining units or extending the commitment. She advised that other authorities could take up these opportunities if the Council did not and the homelessness applicants could be placed on licence, which allowed for them to be moved on within 7 days or if they were causing a nuisance within 24 hours, therefore allowing the Council control.

 

(b)          Squash Courts - Epping Leisure Centre

 

Councillor J H Whitehouse asked the Leisure and Community Services Portfolio Holder whether she was aware that following the reduction in courts from four to two at Epping Leisure Centre, the Epping Squash Club currently had 7 teams in the Essex League, a growing junior section which coached 20-30 young players every Saturday during term time and the effect it would have.

 

Councillor H Kane advised that the new leisure contact with Places for People intended to covert two of the four courts at Epping Sports Centre, to meet with the demand for wider health and fitness use. She had met with the Squash Club to discuss their concerns and would give a detailed response in the Members Bulletin.

 

(c)          Civil Enforcement Officers

 

Councillor C C Pond asked the Safer, Greener & Transport Portfolio Holder whether that now the Council had taken on the Off Street Parking, if he knew how many Civil Enforcement Officers would be on duty in the district on a normal working day, Sunday’s and evenings.

 

Councillor G Waller advised that the Council’s car parks were being run more effectively and efficiently than before with enforcement being carried out more regularly in line with the charges adopted two years ago. He advised that enforcement had been taking place at weekends and would do so in the evenings too, as resources provided and although he could not advise an exact figure, it would be certainly be more than in the past. 

 

(d)          Green and Open Spaces

 

Councillor S Murray asked the Planning Policy Portfolio Holder whether the controversial proposals in the Local Plan around Jessal  ...  view the full minutes text for item 115.

116.

Motions

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

 

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

Additional documents:

Minutes:

The Chairman reported that there were no motions to be considered at this meeting.

117.

Epping Forest Local Highways Panel - Match Funding pdf icon PDF 79 KB

(Safer, Greener & Transport Portfolio Holder) To consider the attached report regarding Epping Forest Local Highways Panel – Matching Funding.

Additional documents:

Minutes:

Mover: Councillor G Waller, Safer, Greener and Transport

 

Councillor G Waller presented a report on seeking a supplementary District Development Fund estimate of £50,000 to match fund the contribution from Essex County Council to the Epping Forest Local Highways Panel in order to implement Highway Improvement Schemes across the District.

 

Report as first moved ADOPTED

 

RESOLVED:

 

That a supplementary District Development Fund of £50,000 for 2017/18 be approved.

118.

Planning Application EPF/2473/16 – Woodview, Lambourne Road, Chigwell pdf icon PDF 91 KB

To consider the attached report of the District Development Management Committee for the Planning Application EPF/2550/16 – Woodview, Lambourne Road, Chigwell which was referred to the Council on 5 April 2017.

Additional documents:

Minutes:

Mover: Councillor B Sandler, Chairman of District Development Management Committee

 

The Assistant Director of Governance (Development Management) presented a report regarding a planning application for the demolition of the existing 22 bedroom residential dwelling, the associated 3 bedroom retirement dwelling and garages/outbuildings, and replacement with a new three storey 72 bedroom care home, and one three storey block containing 25 retirement living apartments, together with the provision of 51 car parking spaces and landscaping.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

That the planning Application EPF/2473/16 – Woodview, Lambourne Road, Chigwell be granted subject to the following conditions;

 

1. The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

 

2. No construction works above ground level shall take place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details.

 

3. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

·         The parking of vehicles of site operatives and visitors

·         Loading and unloading of plant and materials

·         Storage of plant and materials used in constructing the development

·         The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

·         Measures to control the emission of dust and dirt during construction, including wheel washing

·         A scheme for recycling/disposing of waste resulting from demolition and construction works.

 

4. No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

 

5. All material excavated from the below ground works hereby approved shall be removed from the site unless otherwise agreed in writing by the Local Planning Authority.

 

6. If any tree, shrub or hedge shown to be retained in Sharon Hosegood Associates ‘Supplementary Arboricultural Report’ dated 23rd December 2016 (Ref : SHA 270 Rev A) is removed, uprooted or destroyed, or dies, or becomes severely damaged or diseased during development or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place, unless the Local Planning Authority gives its written consent to any variation. If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously  ...  view the full minutes text for item 118.

119.

Overview and Scrutiny Committee pdf icon PDF 98 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.

 

(b)          Reports of the Overview and Scrutiny Committee (if any);

Additional documents:

Minutes:

The Council noted the written report of the Overview and Scrutiny Committee from February 2017 and that there were no other questions.

120.

Overview & Scrutiny Rule 53 (Call-In and Urgency) pdf icon PDF 78 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 the call-in provisions of the Constitution, in accordance with Overview and Scrutiny Rule 53 (Call-In and Urgency):

 

1.         Planning Application Fees - Government Increase

 

(a)                    That the Cabinet accepts the offer from the Department for Communities andLocal Government (DCLG) to increase planning application fees by 20% from July 2017;

 

(b)                    That the Cabinet commits to spending the additional income on planningfunctions; and

 

(c)                    That the Director of Resources be authorised to complete the Proforma required by the DCLG to accept the offer.

 

2.         Former Waltham Abbey Police Station – Potential Purchase

 

(a)                    That officers of the Council’s AssetManagement Service be authorised to seek to obtain the property at the best possible price, but within the parameters set out in the body of the report;

 

(b)                    That if an agreement is reached with Essex Police Estates (subject tocontract) within these parameters, a further report seeking the necessary funding for the capital expenditure within the Council’s Capital Programme and any resulting revenue consequences be presented to a future meeting of the Cabinet; and

 

(c)                    That officers of the Communities Directorate be instructed to continue topursue every possible external funding opportunity to contribute to the potential costs.

 

3.         Epping Forest Shopping Park – Authority To Enter IntoAgreements For Lease And Leases With Retail Tenants

 

(a)                    That the Cabinet agree the Terms of the Agreement for Lease and Lease withNext Holdings Ltd as contained in Appendix 1 of the report and authorise the Director of Neighbourhoods (in consultation with the Director of Resources, the legal advisors the Asset Management and Economic Development Portfolio Holder) to enter into the lease;

 

(b)                    That delegated authority be granted to the Director of Neighbourhoods (inconsultation with the Director of Resources, the legal advisors and the Asset Management and Economic Development Portfolio Holder) to waive the Council’s Financial Regulations to authorise him to enter into further leases with tenants at the Epping Forest Shopping Park in the future, on the condition that they too are in accordance with the previously agreed development appraisal and planning conditions;

 

(c)                    That, subject to (1) and (2), above delegated authority be granted to the Directorof Neighbourhoods (in consultation with the Director of Resources, the legal advisors and the Asset Management and Economic Development Portfolio Holder) to enter into documentation associated with the Leases;

 

(d)                    That the waiving of the call-in procedure with respect to this and futureLeases be sought to reflect the timescales required to achieve a September 2017 opening; and

 

(e)                    That Procurement Rules 18.2(b) be waived to allow for the Lease and future Leases to be signed rather than sealed.

121.

Police and Crime Commissioner for Essex

The Police Crime Commissioner, Roger Hirst has approached the Council to attend a  meeting in the new municipal year regarding the joint responsibilities around community safety and local solutions and approaches. The Council is asked to consider whether to accept this invitation.

 

Recommendation:

 

That the Police Crime Commissioner for Essex, Roger Hirst be invited to a future meeting of the Council in the new municipal year.

Additional documents:

Minutes:

The Chairman reported that the Police and Crime Commissioner for Essex, Roger Hirst had requested to attend a future meeting in the new municipal year regarding the joint responsibilities around community safety and local solutions and approaches.

 

            RESOLVED:

 

That the Police and Crime Commissioner for Essex, Roger Hirst be invited to a future meeting of the Council in the new municipal year.

122.

Joint Arrangements and External Organisations pdf icon PDF 32 KB

(a)          To receive the attached reports from Councillor R Brookes and Councillor G Chambers, as the Council’s representative on the Loughton Leisure Centre Customer Forum;

 

(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)               The Council received the a written report regarding Loughton Leisure Centre Customer Forum from Councillor R Brookes and Councillor G Chambers, as the Council’s representative.

(b)               Councillor G Mohindra gave a verbal update on Health and Wellbeing Agenda. He advised that the West Essex and East Hertfordshire Health Board Members meeting had not yet taken place, although senior officers between the areas had and he would report back to members when he had further information. Regarding the Epping Health and Wellbeing Board, he informed members that this meeting was chaired by Dr Kamal Bishai and was well attended by Public Health, Essex representatives and the voluntary sector and he recommended members attended.