Meeting Details

There were no declarations of interest.

Members objected to the omission in the minutes of the written record of questions asked and replies. In response, the Chairman, whilst noting that the online recording of the meeting contained such detail, agreed to refer the matter to the Constitutional Working Group and pending their deliberations it was

 Resolved:

 That the minutes of the ordinary meeting held on 16 May 2017 be approved as a correct record and signed by the Chairman.

Resolved:

 That the minutes of the special meeting held on 16 May 2017 be approved as a correct record and signed by the Chairman.

Honorary Aldermen

 The Chairman noted that at the meeting held on 16 May 2017 Council had resolved to create Honorary Aldermen. In recognition of this, the Chairman presented certificates and badges to Mr Rodney Bass OBE, Mr Keith Bobbin, Mrs Margaret Fisher, Mr Ray Howard MBE, Mr Norman Hume and Mrs Kay Twitchen OBE.

Recent Deaths

Former Councillor Ian Abbey

 The Chairman informed Members that former Councillor Ian Abbey had died on 23 May 2017. He had been a North Weald Parish Councillor and a former Chairman of Epping Forest District Council.  He had been first elected to Essex County Council in 1985 to represent the Division of North Weald and Nazeing and at the County Council he had served on numerous committees including those relating to Planning, the Environment, Education, Libraries and the Audit and Public Health Select Committee.

Former Councillor Lord Braybrook

 The Chairman informed Members that former Councillor Lord Braybrook, (formerly Robin, Henry Neville had died on 5 June 2017.  He had been elected as a Councillor in 1970 to represent the Division of Stansted and had been appointed Lord Lieutenant of Essex from 1992 to 2000.

Former Councillor Stanley Goodwin

 The Chairman informed Members that former Councillor Stanley Goodwin had also died. He had been first elected to Essex County Council in 1993 to represent the Division of Loughton St Mary’s and later Loughton St John and had served on the Highways and Transportation Committee, the Social Services Committee, the Development Control and Regulation Committee and many others. He had also been Chairman of Epping Forest District Council.

 The Chairman informed Members that as neither he nor the Vice-Chairman were able to attend, Councillor Pond would represent the Council at the funeral on 19 July 2017.

Members to stand in remembrance

Queen’s Birthday Honour

 The Chairman noted that twenty-one residents in the County had been recognised in Her Majesty’s Birthday Honours including:

• Former Essex County Councillor Mr Rodney Bass – OBE (for services to Local Government)
• Former Essex County Councillor Mr Ray Howard – MBE (for services to Local Government and the community of Canvey Island) and
• Councillor John Baker - MBE (for services to Education)

The Grenfell Tower Fire

 The Chairman informed Members that following the Grenfell Tower Fire he had written to Councillor Marie-Therese Rossi, the Mayor of The Royal Borough of Kensington and Chelsea to express his condolences and he read an extract from the reply he had received.

 Award

 The Chairman invited Councillor Spence, the Cabinet Member for Health, to present an award won at the National Patient Safety awards in Manchester by the Essex Quality Innovation Team supported by the Quality Improvement Team for being the ‘Best Patient Safety Improvement Team’.

Retirement of Mr Colin Ismay

 The Chairman expressed the gratitude of Members and wishes for a long and happy retirement to Mr Colin Ismay, former Council and Member Support Manager who had taken his retirement after 42 years of continuous service for the Council.

Police and Crime Commissioner Roger Hirst - event

 The Chairman reminded Members that, immediately on the rise of Council there would commence in the Chamber a private booking made by the Police and Crime Commissioner Roger Hirst to which all members were invited and at which he would make a presentation concerning:
1          Managing demand within Essex Police
2          The Recruitment of Special Constables and
3          PREVENT – our role in counter-terrorism.

There would then be the opportunity for Members to ask questions.

The Chairman received petitions concerning:

• a safe crossing for London Road, Widford, Chelmsford, presented by Councillor Deakin,
• to prevent obstruction of the 90-degree bend on the highway near the entrance to Loughton Cricket Ground, from the residents of Uplands, Loughton presented by Councillor Pond and
• consequences of changes to bus routes and increased use of large vehicles in Wickford presented by Councillor Buckley.

The petitions were passed for the attention of Councillor Grundy, the Cabinet Member for Highways.

The Leader, Councillor Finch, presented a report concerning the Essex Organisational Strategy as recommended by the Cabinet at its meeting on 20 June 2017.  He asked the Council to make a non-material amendment to the policy whereby the words ‘digital principles’ were substituted for ‘digital standards’ throughout.

 It was moved by Councillor Finch and seconded by Councillor Bentley and it was

Resolved

 That the Organisation Strategy be adopted as shown in Appendix 1 to the report, as amended to substitute the words ‘digital principles’ for ‘digital standards’ throughout.

1. Localism and Subsidiarity

    

   It was moved by Councillor Pond and seconded by Councillor Sargeant that

    

   ‘This Council applauds achievements of the Administration to date in the field of localism, such as the Community Initiatives Fund. Local Highways Panels were a useful step in bringing together County and District members; their funding needs to be sufficient, and their processes (including Highway Rangers) more effective, the better to suit local needs. 

   This Council now needs to take further initiatives to ensure that decisions affecting local people are taken as close to them as possible, instead of centrally at County Hall, or by remote joint boards. Devolution to or involvement of districts and parishes in such functions as highway repairs, parking control and enforcement would all increase local buy-in, and should be attainable within existing budgets.

   
   This Council refers this whole question to the Corporate Scrutiny Committee for further examination.’

    

   It was moved by Councillor Grundy and seconded by Councillor Johnson that the motion be amended to read as follows:

    

   ‘This Council applauds achievements of the Administration to date in the field of localism, such as the Community Initiatives Fund. Local Highways Panels were a useful step in bringing together County and District members; their funding needs to be sufficient, and their processes (including Highway Rangers) more effective, the better to suit local needs.

    

   This Council now needs to consider further initiatives to ensure that decisions affecting local people are taken as close to them as possible, instead of centrally at County Hall, or by remote joint boards. Devolution to or involvement of Districts, Boroughs, the City and parishes in such functions as highway repairs, parking control and enforcement would all increase local buy-in, and could be attainable within existing budgets.

    

   This Council refers this whole question to the Place Services & Economic Growth Scrutiny Committee to be considered along with other important issues for inclusion in their work programme.’

    

   Councillor Pond and the seconder Councillor Sargeant accepted the amendment and, with the approval of Council, the amendment having become the substantive motion it was put to the meeting and was carried.

    

    

2. Support for local business, commerce and local government finance

    

   It was moved by Councillor Mackrory and seconded by Councillor Robinson that

    

   ‘This Council notes that the result of the recent General Election did not give any one party an overall majority.  This Council therefore welcomes the opportunity for more cross party working in the House of Commons to deal with the enormous challenges facing this country.

    

   This Council therefore calls on the Government to support local business leaders by:

    

   1. Negotiating a Brexit deal to include membership of the Customs Union and the Single Market which will benefit business and commerce in Essex and the eastern region

      and

   2. Agreeing a new long term funding settlement with Local Government leaders to meet the ever growing demands, in particular Adult Social Care, placed upon it.’

       

      It was moved by Councillor Bentley and seconded by Councillor Spence that the motion be amended to read as follows:

       

      ‘This Council notes that the result of the recent General Election did not give any one party an overall majority, although the preference of the majority of Essex residents was very clear.

       

      It also notes that 85% of all those voting in the General Election was for a party that did not support a second referendum on Brexit and in Essex 62% voted to leave the EU in last year's referendum.

       

      This Council therefore recognises the will of the people and welcomes the opportunity for cross party working in the House of Commons and also through the Scrutiny Committees at Essex County Council to deal with the significant challenges facing this country and county.

       

      This Council therefore calls on the Government to support local business leaders by:

       

      1. Negotiating a Brexit deal which will support business and commerce in Essex
         and

         b)   utilising the knowledge of local authorities, including Essex County Council, to look at how we can create a long-term solution to local government finance to meet the ever growing demands placed upon it, in particular Adult Social Care.’

          

         The amendment moved by Councillor Bentley and seconded by Councillor Spence having been put to the meeting was carried and became the substantive motion.

          

         Having been put to the meeting the motion was carried.

          

          

3. Planning and Infrastructure

    

   It was moved by Councillor Gadsby and seconded by Councillor Wagland that:

    

               ‘At the October 2014 Full Council, it was agreed that:

    

   Essex County Council will not support Local (Development) Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure that sufficient infrastructure, including roads, schools, medical facilities, parking, sewerage and drainage, is provided in a timely manner and in a way that balances the needs to promote economic growth and provide housing for residents whilst protecting their quality of life.

    

   Given the significant housing development emerging from Local Development Plans, this Council reaffirms its commitment to this policy.

    

   This Council also expresses its concern that whilst Local Development Plans and Neighbourhood Plans are being progressed to decide where this housing should be best located, some developers are exploiting the lack of a 5 year housing supply to gain planning permission on greenfield sites, often outside the development boundary, even when these sites have been excluded from the draft local plan and in some cases where there are brownfield sites available or in the pipeline.

    

   This Council therefore calls on the Secretary of State for Communities and Local Government to issue urgent statutory guidance, which removes the opportunity for this exploitation and protects valued greenfield sites from predatory development.’

   It was moved by Councillor Turrell and seconded by Councillor Aspinell that the motion be amended to read as follows:

    

   ‘At the October 2014 Full Council, it was agreed that:

    

   Essex County Council will not support Local (Development) Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure that sufficient infrastructure, including roads, schools, medical facilities, parking, sewerage and drainage, is provided in a timely manner and in a way that balances the needs to promote economic growth and provide housing for residents whilst protecting their quality of life.

    

   Given the significant housing development emerging from Local Development Plans, this Council reaffirms its commitment to this policy.

    

   This Council also expresses its concern that whilst Local Development Plans and Neighbourhood Plans are being progressed to decide where this housing should be best located, some developers are exploiting the lack of a 5 year housing supply to gain planning permission on greenfield sites, often outside the development boundary, even when these sites have been excluded from the draft local plan and in some cases where there are brownfield sites available or in the pipeline.

    

   This Council therefore calls on the Secretary of State for Communities and Local Government to issue urgent statutory guidance, which

    

   1. removes the opportunity for this exploitation and protects valued greenfield sites from predatory development and
   2. recognises the need for a regional housing policy based on an evidence housing needs assessment.’

       

      The amendment moved by Councillor Turrell and seconded by Councillor Aspinell having been put to the meeting was lost.

       

      The motion having been put to the meeting was carried.

       

       

4. Fire Safety

It was moved by Councillor Young and seconded by Councillor Scordis that:

‘This Council recognises and applauds the heroic effort of the London Fire Service attending the horrific Grenfell Tower fire; action which demonstrates the very best of public service. We further pay tribute to and commend the community and voluntary organisations who pulled together to support the victims of this tragic fire in their hour of need.

This Council believes that all councils must take action to ensure people are safe and remain safe. Therefore this Council asks the Leader to arrange for a thorough investigation into all buildings owned and maintained by Essex County Council to be undertaken to ensure that any cladding is fire resistant and, if not, action is taken to resolve this.

In addition, the Council calls for the Leader to ensure that any new school, hospital, care home, house in multiple occupation or high-rise accommodation commissioned by or in partnership with Essex County Council must include a sprinkler system.

Finally, the Council calls for the Leader to ensure that sprinkler systems are retro fitted into schools, hospitals, care homes, houses in multiple occupation or any high-rise buildings owned and maintained by Essex County Council, as part of future refurbishment plans.’

It was moved by Councillor Finch and seconded by Councillor Bentley that the motion be amended to read as follows:

‘This Council recognises and applauds the heroic effort of the London Fire Service attending the horrific Grenfell Tower fire; action which demonstrates the very best of public service. We further pay tribute to and commend the community and voluntary organisations who pulled together to support the victims of this tragic fire in their hour of need.

This Council believes that all councils must take action to ensure people are safe and remain safe. Therefore this Council asks the Leader to arrange for a thorough investigation into all buildings owned and maintained by Essex County Council to be undertaken to ensure that any cladding is reviewed to ensure that it complies with appropriate national standards, if not, action is taken to resolve this.

In addition, the Council calls for the Leader to establish an independently chaired all-party commission involving partner organisations to look into the whole system of fire safety for employees and other users of our buildings. This would take into account the size, scale, location and use of the particular building and consider the tools and technologies available to protect human life and the building.’

It was moved by Councillor Aspinell and seconded by Councillor Turrell that the motion be amended to read as follows:

‘This Council recognises and applauds the heroic effort of the London Fire Service attending the horrific Grenfell Tower fire; action which demonstrates the very best of public service.  We further pay tribute to and commend the community and voluntary organisations who pulled together to support the victims of this tragic fire in their hour of need.

This Council believes that all councils must take action to ensure people are safe and remain safe.  Therefore, this council asks the Leader to arrange for a thorough inspection by qualified fire safety officers into all buildings owned and maintained by Essex County Council to be undertaken to ensure that any cladding is fire resistant and, if not, immediate action is taken to resolve this.

In addition this Council calls for the Leader to ensure that sprinkler systems are retro fitted into all Essex County Council premises and other premises that Essex County Council have involvement with, such as care homes, schools, sports buildings, etc. as part of future refurbishment plans.

Finally, Essex County Council undertakes a thorough fire safety inspection of all our above mentioned buildings, to include all fire resistant doors, smoke seals, escape windows / doors, fire stairwells or fire escapes, fire-fighting equipment  (including dry and wet risers), all smoke alarms (replacing battery operated smoke alarms with in-line)  and regular fire drills and fire alarm testing be carried out.   That an officer of Essex County Council take ownership and responsibility, working with Essex Fire and Rescue Service in ensuring that regular fire inspection and enforcement is carried out.  The regularity of these checks must be as laid down by Essex Fire and Rescue Service together with the implementation of any recommendations or change in legislation that arises from the conclusion of the Grenfell fire investigation.’

Councillor Aspinell, with the approval of Councillor Turrell, requested that Council note that the amendment he had moved had inadvertently had the word ‘new’ omitted from what had been intended to read as ‘new buildings’.

Councillor Henderson, the Leader of the Labour Group, suggested that if the amendment moved by Councillor Finch and seconded by Councillor Bentley were changed by removing the words ‘to ensure that it complies with appropriate national standards’  then the amendment may receive wider support..

With the approval of Council, Councillor Finch and Councillor Bentley agreed that such an alteration should be made and so their amendment to the motion was altered to be:

‘This Council recognises and applauds the heroic effort of the London Fire Service attending the horrific Grenfell Tower fire; action which demonstrates the very best of public service. We further pay tribute to and commend the community and voluntary organisations who pulled together to support the victims of this tragic fire in their hour of need.

This Council believes that all councils must take action to ensure people are safe and remain safe. Therefore this Council asks the Leader to arrange for a thorough investigation into all buildings owned and maintained by Essex County Council to be undertaken to ensure that any cladding is reviewed as appropriate and action taken.

In addition, the Council calls for the Leader to establish an independently chaired all-party commission involving partner organisations to look into the whole system of fire safety for employees and other users of our buildings. This would take into account the size, scale, location and use of the particular building and consider the tools and technologies available to protect human life and the building.’

The altered amendment to the motion moved by Councillor Finch and seconded by Councillor Bentley having been put to the meeting was carried and became the substantive motion.

The amendment moved by Councillor Aspinell and seconded by Councillor Turrell having been put to the meeting was lost.

The motion having been put to the meeting was carried.

Councillor Lissimore, the Cabinet Member for Housing, Property and Planning presented the report to adopt the Essex Replacement Waste Local Plan including the modifications recommended by the Inspector appointed by the Secretary of State to examine the Plan, which were necessary to make the Plan sound and legally compliant.

The Cabinet had considered the Plan and the Inspector’s final report at its meeting on 20 June 2017. 

Councillor Abbott declared a Code Interest as he had been instrumental in the preparation of the Plan.

Having been moved by Councillor Lissimore, and seconded by Councillor Gadsby it was

Resolved

That the Council adopt as the Essex Replacement Waste Local Plan the version approved by Council in 2016 as amended by:

1. the main modifications recommended by the Inspector in her final report (attached at appendix 1 to the report);
2. The minor modifications supported by Cabinet in 2016 (attached at appendix 4 to the report); and
3. The further minor modifications (attached at appendix 6 to the report).

Councillor Finch, the Leader of the Council, presented the report of matters reserved to Council.

It having been moved by The Leader, Councillor Finch and seconded by Councillor Bentley it was

            Resolved

1. Property Investments

              

   1. Amend paragraph 5.3.2 of the constitution by adding a third exemption to the definition of the definition of a Key Decisionby the addition of an additional sub-paragraph:

       

      ‘(iii)      The purchase of property for the purpose of investment.’

                      

   2. That Financial Regulations 7.1.4 and 10 shall be amended to insert the underlined text

       

      £2m and above but less than £5m

      For transactions relating to land acquired for operational purposes the Cabinet Member with responsibility for Property Management (following consultation with Executive Director as above and the Cabinet Member for Finance)

       

      In the case of a property transaction for investment purposes rather than operational purposes the Cabinet Member for Finance after consulting the Leader

      £5m and above

      For transactions relating to land acquired for operational purposes Cabinet (following consultation with Cabinet Members as above and Executive Director as above)

       

      In the case of a property transaction for investment purposes rather than operational purposes the Cabinet or the Cabinet Member for Finance after consulting the Leader

       

       

       

   3. That an additional paragraph be inserted in financial regulation 7.1.4 to read:

       

      ‘Where property is acquired for the purposes of investment the role of the Cabinet Member with responsibility for Property shall be discharged by the Cabinet Member for Finance.  Any proceeds of sale of any investment may be reinvested in property by the Cabinet Member for Finance.’

      and

       

   4. In paragraph 14.6.6 of the constitution, the role of the Portfolio Holder, Resources, by the insertion of the following bullet point after the first sub point:

       

      • Decisions about investment property (subject to prior consultation with the Leader on acquisition and sale decisions)

         

         

2. Cabinet Issues Report

    

   That paragraph 16.12.5 of the Constitution, paragraph 16.12.5 be amended to:

    

   ‘A Member may ask the Leader, Cabinet Member or Chairman of a committee any question on any report of the Cabinet or a committee (other than a report which is for information only) when that item is under consideration by the Council.’

    

3. Appointments to Committees

    

   1. That the Delegations to the Director, Legal and Assurance as detailed in the Constitution, paragraph 15.3.10 be amended by addition of an additional sub-paragraph:

      ‘(xiii)    To change the membership of any committee, substitute or appointment to an outside body in accordance with wishes expressed by the Leader of a political group.

       

      PROVIDED THAT use of this delegated power authorise amendments of Members’ appointments to committees that are recommended subsequent to the Annual Meeting of Council.’

       

4. Scrutiny Committees

    

   1. That the Scrutiny Committees shall be re-named:
      • Corporate Policy and Scrutiny Committee,
      • People and Families Policy and Scrutiny Committee and
      • Place Services and Economic Growth Policy and Scrutiny Committee
      • Health Overview, Policy and Scrutiny Committee.

         

   2. That the constitution shall be amended with the new names of the committees wherever they occur.

       

5. Changes to Call-in

    

   That paragraph 20.15 (xix) of the Constitution be amended to read as follows:

    

   (xix) The call-in procedure set out above does not apply where

    

   1. The Chairman of the Corporate Policy and Scrutiny Committee or in their absence the Chairman of the Council or in the absence of both, the Vice Chairman of the Council agrees that it is in the interests of the Council for the decision to be implemented urgently.
   2. The decision is to make a recommendation to full Council
   3. The decision is to go out to consultation or to respond to a matter upon which the Council has been consulted; or
   4. The decision is to appoint an individual to a particular role.

       

      Decisions exempt from call-in on the grounds of urgency shall be reported to the next available meeting of the Council, setting out the decision and the reasons for urgency.

       

6. Joint Committees

    

   1. The penultimate paragraph in section 13.3 of the constitution be amended to read

       

      ‘The following joint committees exercise Executive Functions in accordance with their terms of reference as set out in Appendix 4 and the agreements currently in operation:

      • the South Essex Parking Partnership Joint Committee;
      • the North Essex Parking Partnership Joint Committee;
      • the Essex Countywide Traveller Unit Joint Committee
      • the South East Local Enterprise Partnership Accountability Board
      • the ACCESS Pension Fund Pool Joint Governance Committee.’

         

   2. All bodies named in paragraph 13.3 to be included in the List of Approved Bodies shown as Appendix 3 to the constitution

       

   3. A new Appendix 4 of the constitution be created as shown at appendix 1 to the report subject to corrections such that the word ‘north’ which appears in paragraphs 8 and 11 should be replaced with ‘south’.Those paragraphs should read:

      ‘8.        Determine the levels and nature of fees and charges in respect of on street car parking provisions in South Essex;

       

      11.       Provide a forum to discuss strategic issues relating to parking across South Essex;’

       

       

7. Change to Job Title of the Monitoring Officer

That paragraph 4.5 of the constitution, Statutory Officers be amended such that the words ‘Principal Lawyer (Governance)’ be deleted and replaced with ‘Director, Legal and Assurance.’

8.     Number of Motions raised under the ‘notice of motion’ procedure at Council Meetings

                   That paragraph16.8.2 of the constitution be amended to read:

‘16.8.2     Notices of motion

Except for motions which may be moved without notice under paragraph 16.8.5 below, written notice of every motion must be delivered to the Chief Executive not later than 10:30am on the eleventh calendar day before the Council meeting.

Written notice must be signed by the Member intending to move the motion and at least one other.

Other than at the annual budget meeting for which no notices of motions shall be accepted, a maximum of four motions shall be accepted for debate at an Ordinary Meeting of the Council under this standing order.

The motions available at each meeting will be allocated annually by the Chairman in advance of the Annual Meeting in accordance with the following rules:

(i)      A group which has a majority of seats on the Council shall be allocated 2 motions at each meeting where motions are allowed.

(ii)     The remaining motions shall be allocated to other groups in proportion to the proportion of opposition seats held by that group.  Where exact proportionality cannot be achieved the Chairman shall have regard to broad proportionality and to the number of motions received by a group in preceding years.

If any Group does not take its allocation of motions at a meeting there will be no reallocation to another Group.

       If there are two or more independent members then they shall be considered as a group for the purposes of this rule only.’

1. Appointments to Outside Bodies

That Appendix 3 of the constitution is updated with the revised list at Appendix 2 of the report.

• Members asked questions of the relevant Cabinet Members details of which are available on the audio recording of the meeting

It having been moved by Councillor Finch and seconded by Councillor Bentley it was

 Resolved

That the report be received.

The published answers to the 24 written questions submitted in accordance with Standing Order 16.12.1 were noted as follows:

• Members asked supplementary questions of the relevant Cabinet Members details of which are available on the audio recording of the meeting

The Chairman welcomed Mr Ian Fuller, a resident of Springfield, Chelmsford, who had registered to speak.

Mr Fuller addressed Council concerning the s.106 agreement between the Council and the developers at the ‘Channels’ development.

He referred to the agreement dated 17 July 2015 and the fourth deed of variation (an amendment to Schedule 5 relating to payments for transport matters), dated July 2016 and asked why the promised local highways’ works had not been delivered and when might they be.

Councillor Grundy, the Cabinet Member for Highways, replied that he shared Mr Fuller’s disappointment that the works had not been completed. He was informed that plans have been submitted by the developer to the County Council on a number of occasions but none had met the County Council’s standards. He added that it was the duty of the Council, on behalf of the residents of Essex, to ensure that such works were delivered to the correct standard and he would do all he could to ensure that the work was completed as soon as possible.

The Chairman advised those present that the meeting would be recorded and broadcast live over the internet and the recording would be available for download after the meeting.