Agenda and minutes

This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking. The Democratic 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 Team Manager for Democratic and Electoral Services 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 S Murray declared a non-pecuniary interest in the followeing item of the agenda, by virtue of being a trustee of the Epping Forest Citizen’s Advuce Bureau. The Councillor had determined that he would remain in the meeting for the consideration of the item, and voting thereon:

·       Report of the Cabinet – Final Draft Budget Proposals 2024/25.

(b)        Pursuant to the Council’s Code of Member Conduct, Cllr D Wixley declared a non-pecuniary interest in the following item of the agenda, by virtue of being a member of the Epping Forest Citizen’s Advuce Bureau. The Councillor had determined that he would remain in the meeting for the consideration of the item, and voting thereon:

•           Report of the Cabinet – Final Draft Budget Proposals 2024/25.

To approve as a correct record and sign the minutes of the meeting held on 19 December 2023 (attached).

            RESOLVED:

(1)        That the minutes of the Council meeting held on 19 December 2023 be taken as read and signed by the Chairman as a correct record.

(a)        Chairman’s Announcements.

(a)        Announcements by the Chairman of the Council

The Chairman invited Councillors to share in his best wishes to King Charles III for his recovery from his cancer diagnosis.

The Chairman stated that he had been Chairman of the Council for nine months now, and that it had been a pleasure to attend so many events around the District. Since the last Council meeting in December, he had hosted the Civic Carol Service at St Mary’s Church in Chigwell, attended the opening of 22 housing units at Borders Lane in Loughton, and had also attended the Holocaust Memorial Day event in Loughton where this year’s theme had been ‘The fragility of freedom’.

The Chairman announced that the annual Civic Awards dinner would be held at the Marriot Hotel in Waltham Abbey. The Chairman expressed his thanks to the members of the judging panel for the various categories of award to be announced on 15 March 2024, and reminded Councillors to respond to their invitations.

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 no public questions had been received for consideration at the 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.

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

The Council noted that 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 (attached and 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); and

(g)        Report of the Regulatory 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 Housing Summit in Colchester and had paid a visit to the Ninefields area in Waltham Abbey, which showed partnership working in action. Work on Devolution in Essex had been paused for the time being, but the Council was making significant progress on shared services with its North Essex council partners.

Finally, the Leader of Council announced that Cllr S Kane had formally stepped down from the Cabinet, and the Leader thanked Cllr S Kane for his endeavours during his time on the Cabinet.

The report of the Leader of the Council was noted.

(b)       Place Portfolio Holder

The report of the Place Portfolio Holder was noted.

(c)        Finance & Economic Development Portfolio Holder

The Portfolio Holder informed the Council that the 2020/21 Statutory Statement of Accounts had now been adopted, and the 2021/22 Statutory Statement of Accounts would be signed off before the end of the municipal year. The Portfolio Holder thanked the members of the Audit & Governance Committee for their work on this.

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 report of the Regulatory 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.

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

(Finance Portfolio Holder) To consider the attached report on the Council Budget for 2024/25.

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.

The Portfolio Holder for Finance & Economic Development, Cllr J Philip, presented the report of the Cabinet on the final draft budget proposals for 2024/25.

The Portfolio Holder informed the Council that the Medium Term Financial Plan in the Autumn had highlighted some issues with the Council’s budget for the next few years. These issues required addressing as the Council had a legal obligation to set a balanced budget. The Budget before the Council had been submitted to the Overview & Scrutiny Committee for review on two separate occasions, before the final draft proposals had been considered by the Cabinet on 5 February 2024. The draft Treasury Management Strategy for 2024/25, and the draft Capital Strategy for 2024/25 to 2026/27 had been presented to the Audit & Governance Committee, who endorsed both Strategies.

The Portfolio Holder informed the Council that a late amendment had been made to the budget proposals, following the Cabinet meeting on 5 February 2024. It was now proposed to restore the Council’s grant to the Epping Forest Citizens Advice Bureau (EF CAB) to £152,400 and the Council’s grant to Voluntary Action Epping Forest (VAEF) to £30,000 for 2024/25. This would be financed by a reduction to the ‘Fit for the Future’ (FFTF) fund from £2.152million to £1.954million. This fund was intended for the improvement of the Council’s services to residents in the future. The Council’s reserves was projected to be above the target of £4million.

The Portfolio Holder explained that, although the Council had very recently agreed to sell a parcel of land at North Weald Airfield, the capital receipt generated by this sale could not be utilised for the Council’s revenue budgets; only the interest from it if the money was invested.

The Portfolio Holder thanked the members of the Cabinet, the Overview & Scrutiny Committee, the Audit & Governance Committee as well as the Council’s Finance Team for their efforts in preparing the budget, and the Portfolio Holder commended the proposed budget – as amended – to the Council for approval.

Members of the Council welcomed the restoration of the funding to the EF CAB and the VAEF, and the consultation with Members that had been undertaken during the drafting of the budget. Some concerns were raised about the Planning Service, the Homelessness service and the need to scrutinise the FFTF fund in the future.

Cllr J Philip highlighted the recent review of the Planning department by the Planning Advisory Service (PAS), which should bring about improvements when their recommendations were implemented, and that the FTFF fund would have to deliver significant benefits for the Council in the future.

The Leader of the Council, Cllr C Whitbread, seconded the report on the draft budget proposals for 2024/25, and highlighted the retention of the Highways Rangers for another year, as well as the fact that the Council had the lowest Council Tax in Essex. The Leader commended the amended proposed budget to the Council for approval.

Resolved:

(1)        That the draft General Fund Revenue and Housing Revenue Account budgets for  ...  view the full minutes text for item 68.

(Finance & Economic Development Portfolio Holder) To consider the attached report for setting the Council Tax for 2024/25.

The Portfolio Holder for Finance & Economic Development, Cllr J Philip, presented a report from the Cabinet regarding the Council Tax Setting for 2024/25. Cllr J Philip advised that the Cabinet had recommended a District Council Tax increase based on Band D properties of £4.85 or 2.99% for the year. The report on page 144 of the agenda also detailed the average Town and Parish Council precept (as these varied between Parishes) and the Essex precepts for Essex County Council, Essex Police and Crime Commissioner and Essex County Fire and Rescue Service. Overall, the average Council Tax for residents in a band ‘D’ property in the District would rise by £98.42 or 4.92% in 2024/25.

Resolved:

(1)        That the calculation of the Council Tax Base for 2024/25 by the Strategic Director and Section 151 Officer under delegated authority for the whole Council area as 55,617.6 (item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended) and for dwellings in those parts of its area to which a Parish Precept related as set out in Appendix A of the report be noted;

(2)        That the following amounts be calculated for the year 2024/25 in       accordance with sections 31 to 36 of the Local Government Finance Act        1992:

            (a)        £121,642,398 being the aggregate of the amounts which                                    the Council estimated for the items set out in Section 31A(2) of the Act            considering all precepts issued to it by Parish Councils;

            (b)        £107,788,193 being the aggregate of the amounts which the                  Council estimated for the items set out in Section 31A(3) of the Act;

            (c)        £13,854,205 being the amount by which the aggregate at 2(a)                    above exceeded the aggregate at 2(b) above, calculated by the                                 Council in accordance with Section 31A(4) of the Act as its Council     Tax requirement for the year. (Item R in the formula in Section 31B of              the Act);

            (d)        £249.10 being the amount at 2(c) above (Item R), all divided              by Item T (the amount at (1) above, the tax base), calculated by the                Council, in accordance with Section 31B of the Act, as the basic                   amount of its Council Tax for the year (including Parish precepts);

            (e)        £4,566,066 being the aggregate amount of all special items               (Parish Precepts) referred to in Section 34(1) of the Act;

            (f)         £167.00 being the amount at 2(c) above less the result given                       by dividing the amount at 2 (e) above by Item T (1) above), calculated                      by the Council, in accordance with Section 34(2) of the Act, as the             basic amount of its Council Tax for the year for dwellings in those                               parts of its area to which no Parish precept related;

            (g)        That the issuing of precepts to the Council by Essex County              Council, Essex Police, Fire & Crime Commissioner and Essex Fire &                    Rescue Service in accordance with Section 40 of the Local                Government Finance Act 1992 for each of the category of dwellings in                 the Council’s area be noted;

            (h)        that the Council, in  ...  view the full minutes text for item 69.

(Monitoring Officer) To note the attached report detailing a minor change to the Scheme of Delegation within the Constitution.

The Chairman of the Constitution Working Group, Cllr A Lion, presented a report detailing a minor change to the Scheme of Delegation within the Constitution, arising from the introduction of new powers through the Building Safety Act 2022 enabling building Control to serve Compliance and Stop Notices.

This amendment had been agreed by the Monitoring Officer under their delegated authority to make minor amendments to the Constitution and would be included in the next scheduled update to the Constitution.

            Resolved:

            (1)        That the proposed revision to the Council’s Scheme of Delegation       (Delegation of Executive Functions) be noted.

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 at the Committee’s last meeting on 23 January 2024, it had considered the draft budget proposals for 2024/25, Cllr D Wixley welcomed the restoration of funding for the Epping Forest Citizens Advice Bureau and Voluntary Action Epping Forest.

At the  next meeting, the Committee would be receiving its annual presentation from the Youth Council, and considering its draft Annual Report for 2023/24.

(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.

Cllr J H Whitehouse requested that some of the Council’s appointed representatives on outside bodies report back at the next meeting.

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.