Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

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.

(Director of Governance). To report the appointment of any substitute members for the meeting.

It was reported that Councillor K Chana was substituting for Councillor M Sartin and Councillor J Lea was substituting for Councillor S Kane.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 20 October 2015.

RESOLVED:

That the minutes of the last Committee meeting, held on 20 October 2015 be signed by the Chairman as a correct record.

(Director of Governance) To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview and Scrutiny Committee members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an Overview and Scrutiny Committee which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee, or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an overview and scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

Councillor W Breare-Hall declared a non-pecuniary interest in the following item of the agenda by virtue of being a governor of Epping Forest College. He advised that his interest was not prejudicial and he would remain in the meeting for the duration of the item and consideration thereon:

·         Call-in – Release of Restructure covenants on land at Epping Forest College.

To consider a call-in of the Cabinet’s Decision on ‘Release of Restrictive Covenants’ (C-018-2015/16). The decision was taken at the Cabinet meeting held on 05 November 2015.

Attached is a covering report, the call-in sheet, the public Cabinet report, extract from the Cabinet decision sheet and a copy of the Call-in rules.

The Chairman welcomed the participants for the Call-in, the relevant Portfolio Holder, Councillor J Philip and the two lead members who initiated the call-in, Councillors Chris Pond and H Kaufman. Also in attendance was Brian Page, the interim Principal of Epping Forest College; County Councillor Ray Gooding, the ECC Cabinet Member for Education and Lifelong Learning and Mark Pincombe the ECC School Organisation Officer.

The Committee considered the call-in of the Cabinet’s decision (report C-018-2015/16) taken on 5 November 2015 regarding the release of restrictive covenants on land at Epping Forest College, Loughton. The decision being called in was:

(1)        That a Deed of Release of the 1952 and 1955 Covenants be issued by the Council, consistent with the previous Deeds of Release on the land at Epping Forest College, on the  following basis:

(a)        A Deed of Release of the 1952 and 1955 Covenants consistent with the previous deeds of release is executed by the Council and is held in escrow pending written confirmation from the College’s Solicitors to the Council that:

            (i)         the College’s application for [outline] planning permission for the      development of its new Sports, Health and Well-Being facility for the benefit of the College’s students and the wider community has been submitted to the            Council; and

            (ii)        Contracts for the College’s sale of the Middle Site and part of the Playing Fields for residential development, conditional upon execution of such Deed of Release of the 1952 and 1955 Covenants, have been signed and are held in escrow pending execution and delivery of the said Deed of Release; and

(2)        That the pre-emption rights of the Council not be exercised on the land.

The Call-in was based on the following premises, that:

1)         The covenants were imposed by the London County Council to protect an adequate supply of land for educational and NHS use in the vicinity of the residential development they had undertaken.

2)         That need remains valid today.

3)         ECC projections of rising 5s, plus the factors of extensive EFDC council house building and of continuing in-migration, imply a new school will be needed in 7-10 years.

4)         There is no suitable spare land in Loughton on which a new school could be built.

5)         Therefore this land, use of which was restricted for the needs of the then LEA (and NHS), should continue to be protected by covenant, for its original purpose.

The lead member of the call-in, Councillor Chris Pond was asked to open the discussion. He noted that the covenants were applied by the London County Council (LCC) on completion of the Debden Housing Estate to provide educational facilities. Later the land was transferred to the further education college. The covenant was transferred to EFDC and was still valid for educational facilities. He also noted that the financial compensation would not be sufficient.

The education projection of the population by the ONS suggested that no new places were to be needed in the next 10 years. But this did not take into  ...  view the full minutes text for item 39.

(Director of Governance) to consider the attached report.

The Committee received a received a report from the Deputy Chief Executive regarding the quarter 2 performance figures of the Key Objectives Key Action Plan for 2015/16. The Corporate Plan is the Council’s key strategic planning document, setting out its priorities over the five-year period from 2015/16 to 2019/20. The priorities or Corporate Aims are supported by Key Objectives, which provide a clear statement of the Council’s overall intentions for these five years.

It is important that relevant performance management processes are in place to review progress against the key objectives, to ensure their continued achievability and relevance, and to identify proposals for appropriate corrective action in areas of slippage or under-performance. This report presents progress against the Key Action Plan for 2015/16 at the end of the second quarter (30 September 2015).

Progress against the Key Action Plan was reviewed on a quarterly basis to ensure the timely identification and implementation of appropriate further initiatives or corrective action where necessary.

It was noted that at the end of Quarter 2:

a)         49 (89%) of the individual actions have been achieved or are on target to be achieved by the target date or a revised target date by the end of the year;

b)         5 (9%) of the individual actions are behind schedule and may not be completed by the end of the year;

c)         1 (2%) of the individual actions are currently on hold as a result of external circumstances.

Councillor Mohindra asked if the new Economic Development Plan for the District was still to be implemented and was told that it had slipped by another month to six weeks.

Councillor Wixley wanted to know the latest on working in Partnership with Moat Housing to commence the development of the Council garage site. He was informed that there would be a meeting between the cabinet house building committee and Moat Housing on 19 January and hopefully this would be on that agenda.

RESOLVED:

That the progress made at the end of quarter 2 against the Key Objectives Key Action Plan for 2015/16 be noted.

(Director of Governance) to consider the attached report.

The Planning Policy Manager, Mr K Bean introduced the report on Chelmsford City Local Plan consultation issues.  Chelmsford’s current local plan runs until 2021 and the next local plan is intended to roll forward to 2036. This consultation on the issues and options was the first of three such public consultation exercises.

The Issues and Options consultation runs from 19 November 2015 to 21 January 2016 – longer than the normal six-week period, but allowing for the Christmas/New Year break. 30 questions have been posed by this consultation document.

Chelmsford shares boundaries with seven other Essex local authorities including Epping Forest District. It has an area of about 34,000 ha, 34% of which is in the Green Belt – this covering the south-west of the City Council area, including the boundary with this Council. It has a current population of 168,300 (with approximately 110,000 in Chelmsford Urban Area) and this is expected to increase to 192,000 by 2022.

There are 13 themes which make up the vision for the new Local Plan. From Epping Forest Council’s perspective, the most significant of these are:

·         protecting the Green Belt – there was no intention to undertake a strategic review;

·         meeting the housing needs of existing and new communities (including appropriate levels of affordable and other specific forms of housing) at sustainable locations where supporting infrastructure will be provided;

·         ensuring sufficient land was available to promote a wide range of employment and business opportunities, and continuing to support and encourage diversification within the rural economy;

·         supporting development and improvement of the strategic transport network, including (inter alia) a potential western relief road for Chelmsford City; and

·         retaining the town’s status as the premier city centre shopping destination in Essex – this should be reinforced by the opening of the new Bond Street centre in 2016 (anchored by John Lewis).

The consultation document outlined how (i) housing need (including affordable housing) has been calculated at 930 new homes per year (totalling 13,950 over the period 2021 to 2036) and (ii) using Edge Analytics work, the need to make provision for an additional 887 new jobs per year was also to be tested through the consultation.

Mention was also made of future accommodation needs for travellers with the Essex Gypsy and Traveller Accommodation Assessment (GTAA – 2014) identifying a need for an additional 55 pitches in the period 2013 to 2033. The consultation document suggested that (i) the revised Government Guidance (Planning Policy for Traveller Sites 2015) may reduce this figure, because of changes in the definition of a “traveller” for planning purposes, and (ii) the need can be broadly met by making provision on major housing sites.

Members noted that provision for traveller sites and pitches was a particularly difficult issue for this authority because of the 92% Green Belt coverage and the fact that permanent and temporary pitches were inappropriate development in the Green Belt. As this authority has a target of 112 extra pitches from the Essex GTAA 2014, one  ...  view the full minutes text for item 41.

(Director of Neighbourhoods) Report to follow.

The Planning Policy Manager, Mr K Bean introduced the report on the consultation relating to Crossrail 2, which had a deadline of 8 January 2016.

Following an earlier consultation in 2013, the route for Crossrail 2 was decided upon with the Regional option favoured over the Metro option. This decision accorded with the route preference expressed by this Council at that time. Subject to funding and Government approval, it was anticipated that an application for powers could be made in 2017, with construction beginning in 2020 and completion at the earliest in 2030.

The route of the Regional option Crossrail 2 Line would run north-east to south-west in tunnels through central London linking up Wimbledon with Tottenham Hale.  At the south-west end separate spurs following existing track run to Shepperton, Hampton Court, Chessington and Epsom.  At the north-east end of the line a branch was proposed from Dalston heading to New Southgate in Enfield via Seven Sisters.  However, the main line would run through Tottenham Hale following the West Anglian Mainline (WAML) route up to Broxbourne. 

Crossrail 2 was proposing to build additional track and station infrastructure along the WAML between Tottenham Hale in the south and Broxbourne to the north.  Officers understood that the existing twin track line is soon to be upgraded by Network Rail to three tracks between Coppermill Junction, south of Tottenham Hale, and Angel Road station.  Crossrail 2 requires the addition of more tracks along the route to at least just north of Broxbourne.  At present there remains a question mark whether the Crossrail 2 line terminates at Broxbourne or continues to either Hertford East or Harlow.  Whilst canvassing opinions on the potential route beyond Broxbourne was not the subject of this consultation it would clearly be of great interest to local authorities in the London Stansted Cambridge Consortium (LSCC) wider area.

Mr Bean flagged up the following issues for Members’ consideration and agreement for including in the Council’s consultation response:

·         That it was important to understand what the overall benefits and impacts of Crossrail 2 were likely to be for the District.

·         In reiterating EFDC’s continued broad support for Crossrail 2, there were invariably a number of issues and uncertainties at this stage regarding the likely impacts that implementation of the scheme may have.

·         Given that 2030 was the very earliest date that the line could become operational, assessment of likely impacts on Epping Forest District were very difficult to gauge at this stage.

·         Once Crossrail 1 begins service in 2019/2010 the Council will also have an adopted Local Plan in place outlining the number and location of growth that will need to be planned for across the District up to 2033.

·         For EFDC it was suggested flagging up the need for careful thought and extensive consultation on the matter of level crossings. For the section of line running through Enfield and Hertfordshire, as the consultation identifies, a key issue to be resolved will be where existing level crossings need to be closed.  In  ...  view the full minutes text for item 42.

(a)          To consider the updated work programme

      i.        The current Overview and Scrutiny work programme is attached for information.

     ii.        Essex County Fire and Rescue Service were due to make a presentation to the Committee on 5 January 2016, in relation to proposed changes to service delivery. Despite having had this matter in the work programme for a considerable time, the Council has recently been advised by the Fire and Rescue Service that they do not wish to make the presentation in a public forum (at this stage) and that this is intended as a briefing for Members of the Council only at the present time. With the agreement of the Safer, Greener and Transport Portfolio Holder, a private member briefing by the Chairman of Essex Fire Authority and the Chief Fire Officer on the future service delivery plans of Essex County Fire and Rescue Service, will therefore be held on the evening of 27 January 2016. This matter has therefore been removed from the current work programme.

    iii.        Article 6 of the Constitution (Overview and Scrutiny) requires that the Committee receive a verbal report from the relevant Portfolio Holder or appropriate lead officer after three months of the completion of any scrutiny review, indicating whether the recommendations arising from such review have been agreed or modified.  In addition, the Portfolio Holder or lead officer must also make a further report to the Committee on progress with the implementation of the recommendations, after six months. The work programme has therefore been updated to reflect the completion of the work of the Youth Engagement Task and Finish Panel and to schedule arrangements for progress reporting on the implementation of the Panel’s recommendations.

   iv.        Workload commitments within Community Services and Safety mean that the January 2016 timescale for the final report of the Grant Aid Review Task and Finish Panel cannot now be met. The Panel will not be able to produce a final report for the 2016/17 budget setting process and it is intended that this will therefore be deferred until 2017/18.

(b)          Reserve Programme

A reserve list of scrutiny topics is required to ensure that the work flow of the Overview and Scrutiny Committee is continuous. The Committee will ‘pull out’ items from the list and allocate them accordingly once space becomes available in the work programme following the completion of existing reviews.

Members can put forward any further suggestions for inclusion in the reserve list either during the meeting or at a later date. Existing review items will be dealt with first, then time will be allocated to the items contained in the reserve work plan.

(c)          Request for Scrutiny Review (PICK Form)

A PICK Form (attached) has been submitted by Councillor Wixley, seeking a ‘return’ presentation to the Committee by the Superintendent of Epping Forest, given the current widespread general interest in Epping Forest and issues such as the present public consultation on the Forest Management Plan for 2017–2027.

Rather than treating the PICK Form as a request  ...  view the full agenda text for item 43.

(a)          Overview and Scrutiny Committee

The Committee considered their work programme and noted the current progress. The Committee noted that:

(i)            The Fire and Rescue Service would no longer make their proposed presentation to the Committee and it would be removed from the work programme. They will now do separate, private briefing on 27 January 2016.

(ii)           It was noted that a progress report on the recent Youth Engagement Task and Finish Panel would be scheduled for a future meetings, probably to the next meeting and the April meeting.

(iii)          The original timescale of the Grant Aid Review Task and Finish Panel could not now be met. See below.

Select Committees:

(1)          Housing Select Committee

The vice chairman had nothing to report.

(2)          Governance Select Committee

The Chairman, Councillor Church, reported that their work programme was on schedule. He also noted that they had asked the Resources Select Committee to consider the Planning Enforcement report as in more readily sat within their purview.

(3)          Neighbourhood & Community Services Select Committee

The lead officer Mr Macnab reported that the committee had held a waste review meeting on 17 December. The Key finding are to be considered at their next meeting on 19 January and will then go on to the main Overview and Scrutiny Committee and then on to an appropriate Cabinet meeting in the Spring.

(4)          Resources Select Committee

The Chairman, Councillor Mohindra, reported that at their last meeting they discussed the EFDC apprenticeship scheme and were looking to have a presentation on this. They also looked at Private Funding  and concluded that they would like local ward members to be made aware of this funding.

They also had a report on sick absences and would like to applaud the council on the work it was carrying out on mental health issues.

Task and Finish Panels:

Grant Aid Task and Finish Panel

The Chairman of this Panel Councillor Caroline Pond reported that they had submitted an interim report last April. But, unfortunately due to the untimely death of the lead officer, they had had to rearrange a lot of their meetings and workload. They will now have two more meetings one on 15^th February and another on 14^th March. They hoped to have a final report by April.

(b)          Reserve Programme

There were no current items on the reserve list.

(c)          Request for Scrutiny Review (PICK Form)

Councillor Wixley submitted a PICK form, to invite, for a return visit to the committee, the Superintendent of Epping Forest, Paul Thomson and Judy Adams the Chairman of the Friends of Epping Forest. Given the current widespread general interest in Epping Forest and issues such as the present public consultation on the Forest Management Plan for 2017-27 and also the public interest in the proposed City of London (Various Powers) Bill which according to the press reports had attracted 14000 signatures on an on-line petition.

The Committee agreed to add this item to their work programme for a future  ...  view the full minutes text for item 43.

To review the Key Decision List (Cabinet Forward Plan) on a meeting by meeting basis.

The Committee noted the Cabinet’s Key Decision List for November 2015. They had no specific items that they wished to consider.