Agenda and minutes

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

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

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The 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.

To declare interests in any item on the agenda.

(a)        Pursuant to the Council’s Code of Member Conduct, Cllr D Sunger declared a non-pecuniary interest in the following item of the agenda, by virtue of knowing one of the members of the Independent Remuneration Panel in a personal capacity. The Councillor had determined that he would remain in the meeting for the consideration of the item:

·       Report of the Member Remuneration Panel – Members’ Allowance Scheme 2024/25.

(b)        Pursuant to the Council’s Code of Member Conduct, Cllr S Murray declared a non-pecuniary interest in the following item of the agenda, by virtue of being acquainted with one of the members of the Independent Remuneration Panel. The Councillor had determined that he would remain in the meeting for the consideration of the item:

·       Report of the Member Remuneration Panel – Members’ Allowance Scheme 2024/25.

(c)        Pursuant to the Council’s Code of Member Conduct, Cllrs R Bassett and H Kauffman declared a pecuniary interest in the following item of the agenda, by virtue of being one of the Councillor representatives on the Qualis Board. The Councillors had determined that they would leave the meeting for the consideration of the item:

·       Section 106 Agreement Deed of Variation.

(d)        Pursuant to the Council’s Code of Member Conduct, Cllr J M Whitehouse declared a non-pecuniary interest in the following item of the agenda, by virtue of living close to the site. The Councillor had determined that he would remain in the meeting for the consideration of the item:

·       Section 106 Agreement Deed of Variation.

To approve as a correct record and sign the minutes of the following meetings held on:

(a)        4 April 2023 (attached);

(b)        25 May 2023 (attached);

(c)        25 July 2023 (attached); and

(d)        5 October 2023 (attached).

Cllr J H Whitehouse requested that the current method of minuting the ‘Questions by Members without Notice’ be reviewed and the previous method of repeating the question and answer verbatim in the minutes be resumed. The Portfolio Holder for Customer & Corporate Support noted the concerns of the Councillor.

            RESOLVED:

That the minutes of the following Council meetings be taken as read and signed by the Chairman as a correct record:

(a)        4 April 2023;

(b)        25 May 2023;

(c)        25 July 2023; and

(d)        5 October 2023.

(a)        Chairman’s Announcements

(a)        Announcements by the Chairman of the Council

The Chairman stated that he had attended 20 events since the last meeting of Council, including the Youth Conference. The Chairman also highlighted the candlelit virgil held at the Civic Offices for those who had suffered during the recent events in the middle east and to wish for peace in the region. On Remembrance Sunday, the Chairman had laid a wreath in Chigwell, before taking part in the Remembrance Parade and wreath laying in Epping.

The Chairman informed the Council that Diwali and the Hindu New Year had been celebrated, as well as the Christian nativity at Chigwell Riding Trust. The Chairman had also ridden the Christmas Memory train on the Epping Ongar Railway between Ongar & North Weald, for residents living in the District with dementia or mild cognitive impairment.

Finally, the Chairman reminded Councillors that the Civic Carol service was due to take place on Thursday (21 December 2023) at St Mary’s Church in Chigwell, and he hoped to see as many Councillors as possible in attendance.

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 questions received from members of the public, together with the answers given, have been attached as an Appendix to these minutes.

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

(a)                  to the Chairman of the Council;

(b)                  to the Leader of the Council;

(c)                  to any Member of the Cabinet; or

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

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

(a)             direct oral answer;

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

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

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

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

There were no questions by members under notice that had been submitted for consideration at this meeting.

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

(a)        Report of the Leader of Council (verbal);

(b)        Report of the Place Portfolio Holder (attached);

(c)        Report of the Finance & Economic Development Portfolio Holder (attached);

(d)        Report of the Housing & Strategic Health Partnerships Portfolio Holder (attached);

(e)        Report of the Community Health & Wellbeing Portfolio Holder (attached);

(f)         Report of the Contracts, Service Delivery & Improvement Portfolio Holder (attached);

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

(h)        Report of the Customer & Corporate Support Services Portfolio Holder (attached).

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

(a)        Leader of the Council

The Leader of the Council reported that he had attended a number of meetings with Parish Councils and had also met with neighbourhood watch teams across the District. There had also been a number of meetings with North Essex councils regarding the devolution deal being progressed by Essex County Council and the Leader was looking forward to working closely with our partners in the future.

The report of the Leader of the Council was noted.

(b)       Place Portfolio Holder

The Portfolio Holder reminded members that the North Weald Strategic Masterplan Framework document was now out for public consultation until 16 January 2024.

The report of the Place Portfolio Holder was noted.

(c)        Finance & Economic Development Portfolio Holder

The Portfolio Holder informed the Council that £110,000 had been allocated from the Rural England Prosperity Fund to Parish Councils in the rural areas. These monies had been spent by the Parish Councils concerned and there was no requirement to return any of the Fund monies to the Government.

The report of the Finance & Economic Development Portfolio Holder was noted.

(d)       Housing & Strategic Health Partnerships Portfolio Holder

The report of the Housing & Strategic Health Partnerships Portfolio Holder was noted.

(e)        Community Health & Wellbeing Portfolio Holder

The report of the Community Health & Wellbeing Portfolio Holder was noted.

(f)        Contracts, Service Delivery & Improvement Portfolio Holder

The report of the Contracts, Service Delivery & Improvement Portfolio Holder was noted.

(g)       Regulatory Services Portfolio Holder

The Portfolio Holder informed the Council that the Cartersfield prosecution had been delayed and a new date of 11 January 2024 for the hearing at Colchester Magistrates Court had been set.

The report of the Regualtory Services Portfolio Holder was noted.

(h)       Customer & Corporate Support Services Portfolio Holder

The District was one of the highest for owners of electric vehicles across the county and the Council was doing what it could to provide charging units, including at the Cornmill car park in Waltham Abbey by the end of January 2024. This would total 14 charging stations across the District and the Council would be one of the top three authorities across Essex for their provision.

The report of the Customer & Corporate Support Services Portfolio Holder was noted.

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

(i)            reports under the previous item; or

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

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

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

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

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

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

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

The questions asked by Members without notice, and the answers given, can be viewed in full as part of the recording of the meeting available on the Council’s YouTube channel; a link to which was available on page 1 of these minutes.

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

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

The Council noted that there were no motions to be considered at the meeting.

Chairman of the independent Member Remuneration Panel, S Lye, to present a report to the Council recommending the Members’ Allowance Scheme for 2024/25.

The Council considered the report of the Member Remuneration Panel on the Members’ Allowance Scheme for 2024/25, presented by Mr S Lye on behalf of the Panel.

Mr S Lye highlighted that, as detailed in the report, the Council had one of the lowest Basic Allowances of comparable and neighbouring authorities and the second lowest in Essex. Consequently, the Panel was concerned that the work undertaken by members of this Council could be perceived as being of lower value than the work undertaken by members of other Councils. The Panel also noted that the total number of Councillors would be decreasing by four after the local elections in May, due to the recent boundary review by the Local Government Boundary Commission for England. Therefore, the Panel had recommended an increase in the Basic Allowance of £300 per annum, which could be met by the existing Members Allowance budget, and would avoid the Council falling below the lowest Council in the benchmarking table. No other changes were proposed to the Members Allowance Scheme.

The Council acknowledged the argument put forward by the Panel to support the proposed increase in the Basic Allowance, and accepted that the caseload of each Councillor would increase after the local elections in May, due to the overall reduction in the number of Councillors. It was also suggested that the Panel could review the level of Special Responsibility Allowance paid to the Chairmen of Committees when it conducted its review next year.

The Leader of the Council, Cllr C Whitbread, proposed a motion that the proposal to increase the Basic Allowance be added to the draft budget as a growth bid, and a final decision be taken as part of the overall budget setting process so that the decision would be fully costed and affordable for the Council. This motion was seconded by the Portfolio Holder for Finance & Economic Development, Cllr J Philip.

            Resolved:

            (1)        That for the 2024/25 municipal year, the proposal to increase the    Basic Allowance to £4,600 per annum be included in the draft budget for     2024/25 and a final decision taken by the Council as part of the budget setting process;

            Special Responsibility Allowance:

            (2)        That for the 2024/25 municipal year, no changes be made to the level        of the Special Responsibility Allowances currently included in the Members’    Allowances Scheme;

            (3)        That for the 2024/25 municipal year, the implementation level of           Special Responsibility Allowance applied to the responsibilities identified in      the Members’ Allowances Scheme be retained at their current level;

            Revised Scheme and Guidance:

            (4)        That, subject to the above recommendations and other matters set out            in this report, the Members’ Allowances Scheme and Guidance for 2024/25, attached at Appendix 2 to this report, be adopted and implemented with effect        from 23 May 2024; and

            (5)        That the Panel continue to be kept appraised of the Council’s         intentions regarding any future restructure or governance review proposals            that directly affect the application of Special Responsibility Allowance for the         specific member roles and responsibilities currently  ...  view the full minutes text for item 52.

(Place Portfolio Holder) To consider the attached report of the Cabinet recommending approval of the Inter-Authority Agreement for the Harlow & Gilston Garden Town Joint Committee.

The Portfolio Holder for Place, Cllr N Bedford, presented a report seeking approval for the Inter-Authority Agreement for the Harlow & Gilston Garden Town (HGGT) Joint Committee.

Cllr N Bedford informed the Council that the HGGT Board had been using a model of informal, duty to co-operate led decision-making for cross-boundary matters. However, it was felt that this needed to evolve as the HGGT project moved from policy and plan making to project delivery. The HGGT Board had endorsed a proposal to establish a Joint Committee for the future delivery of the project, governed by an Inter-Authority Agreement (IAA) to ensure that the decisions made by the Joint Committee were democratically accountable and transparent. This had been referred to the five partner authorities for ratification.

The Cabinet had considered the IAA at its meeting on 13 November 2023 and, whilst the Cabinet endorsed the IAA, it was felt that the final decision should rest with the Council due to the £2million capital expenditure threshold. Members were reminded that any planning or highways decisions would remain with the appropriate individual local authority.

            Resolved:

            (1)        That the Inter-Authority Agreement for the Harlow & Gilston Garden           Town Joint Committee be approved.

(Customer & Corporate Support Services Portfolio Holder) To consider the attached report requesting approval for the Calendar of Meetings in 2024/25.

The Chairman of Council, Cllr D Sunger, presented the report on the Council’s Calendar of Meetings for 2024/25.

            Resolved:

            (1)        That, as attached at Appendix 2 of the minutes, the draft Calendar of         Council Meetings be adopted for 2023/24.

(Post Meeting update: Following the meeting on 19 December 2023, some typographical errors were found in the dates presented to Council for agreement; these have been corrected for the matrix attached at Appendix 2.)

(Service Manager – Development Management) To consider the attached report for a Deed of Variation at:

·       Former School, Centrepoint Building and Council Depot Land at St John’s Road, Epping, CM16 7JU; and

·       Civic Offices and Car Park, 323 High Street, Epping, CM16 4BZ

This application was considered by the District Development Management Committee at its meeting on 13 December 2023, where it was referred to the Council for a final decision with the Officer recommendation to approve the variation.

A motion was put before the Council by Cllr L Morgan, seconded by Cllr S Murray, to defer the consideration of this application until the next meeting of the Council, in order to allow Councillors additional time to read all of the information associated with the application.

However, when put to the vote, this motion was lost.

The Interim Implementation Team Manager, N Finney, presented a report for a deed of variation to the Section 106 Legal Agreement for the redevelopment of the St John’s Road and Civic Offices sites in Epping. The applicant was requesting a reduction in the amount of affordable housing to be provided from 11 units to 0 units at the Civic Offices site and from 46 units to 32 units at the St John’s Road site.

After having considered the affordable housing requirements of the Council’s Local Plan and the revised viability assessments submitted by the applicant, Planning Officers had concluded, due to the significant project deficits, that the reasonable level of affordable housing that could be supported by each of the proposed developments would be secured, without impeding the viability of the project and the prospects of delivery. In addition, the developments also had wider benefits to Epping Town Centre by bringing disused and underutilised sites back into use and supporting the retail and amenity units of Epping Town Centre through the increased population. Late Stage Viability Reviews had been retained in the obligations on both sites, which would enable the level of affordable provision to be reconsidered if the viability position of the developments changed at a future date. This variation had been considered by the District Development Management Committee at its meeting on 13 December 2023, where it was referred to the Council for a final decision, but with a recommendation from the Committee to approve the variation.

The Council heard from two public speakers in relation to the application, Parish Cllr C Jefcoate as an objector, and Mr S Rutter as the applicant, before proceeding to debate the application.

The Chairman of the District Development Management Committee, Cllr P Keska, explained that the Committee was unhappy with some aspects of the variation, particularly the reduction in affordable housing units, but felt that approval for the variation was the best course of action in a difficult situation, caused by the steep rise in inflation over the past twelve months.

A number of Councillors felt that the Council’s Local Plan had a policy of 40% affordable housing and good reasons were required to depart from the Local Plan. There were concerns that not all the required information had been distributed, that an independent viability report for this application had not been prepared, and that the viability reports provided by the applicant had not been tested as thoroughly as they needed to be. It was felt that this proposed reduction questioned the Council’s commitment to the provision of affordable housing throughout the District.

The Portfolio Holder for Housing & Strategic Health Partnerships, Cllr  ...  view the full minutes text for item 55.

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 Chairman of the Overview & Scrutiny Committee, Cllr D Wixley, informed the Council that the last meeting of the Committee had been on 12 December 2023, and this was a private meeting with the Cabinet to discuss the budget. Cllr D Wixley hoped that the Cabinet found the meeting useful, and they would consider the suggestions made by the Committee at the meeting.

The Finance & Economic Development Portfolio Holder, Cllr J Philip, thanked the Overview & Scrutiny Committee for their work before and during that meeting.

(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)        Royal Gunpowder Mills

Cllr H Kane informed the Council that a meeting had taken place recently between some Councillors and the newly appointed Chief Executive Officer, which hopefully was useful for the Councillors. If any other Councillors wished to meet the new Chief Executive Officer then Cllr H Kane would be happy to arrange a further meeting. The Annual General Meeting of the Royal Gunpowder Mills had also taken place since the last meeting of the Council.

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):

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.

The Council noted that there was no business which necessitated the exclusion of the public and press from the meeting.

Before closing the meeting, the Chairman wished everyone a very merry Christmas.