Crawley Borough Council

Council Meeting 23 July 2008

Minutes of Council 23 July 2008 at 7.30 p.m. Present:

Councillor Dr. H S Bloom (Mayor)

Councillor B J Burgess (Deputy Mayor)

Councillors Councillors M L Ayling, B K Blake, S A Blake, N Boxall, B M Brockwell, K Brockwell, A G Brown, R G Burgess, A L I Burke, L A M Burke, R D Burrett, C A Cheshire, A C W Crane, D G Crow, C L Denman, J I Denman, C R Eade, L R Gilroy, R J Hull, S Kaur, R A Lanzer, B MeCrow, J L Millar-Smith, B J Quinn, A J E Quirk, C J Redmayne, D J Shreeves, J A Singh, B A Smith, J G Smith and L K Taylor

Also in Attendance:- Mr A Earl – Independent Member (Chair of Standards Committee)

Officers Present:

John Thraves Acting Chief Executive Ann-Maria Brown Head of Legal and Democratic Services Peter Browning Director of Environment and Housing David Covill Director of Resources Phil Rogers Director of Community Services Julie Green Principal Democratic Services Officer

21. Minutes

The minutes of the meetings of the Council held on 23 May and 17 June 2008 were approved as a correct record and signed by the Mayor.

22. Public Question Time In accordance with Council Procedure Rule 9, Mr G Thomas asked why none of the members who he had invited to respond to his letter which had been published in two local newspapers about the decision to reorganise the play service had replied.

Councillors C L Denman, J Millar Smith, R A Lanzer and B MeCrow responded along the lines that their decision had been based on the principle that the Venture Playgrounds would benefit a greater number of children and, in particular, the new Play Rangers would be working with children across the Borough to encourage and facilitate positive and constructive play. Councillor Millar Smith indicated that,

1 Council Meeting 23 July 2008 regretfully, Members were not in a position to respond to every issue raised in the press and stressed that their lack of response had not been in any way a snub.

23. Communications (i) Apologies for Absence

Councillors D Kavanagh, G K Seekings, L A Seekings and L A Walker

(ii) Burgermeister of Dorsten

The Mayor reported that he had received a letter from the Burgermeister of Dorsten, congratulating him on his appointment and confirming his commitment to the future health, urban development and business development of both towns. The Burgermeister of Dorsten would be attending the reception to take place in the Walled Garden later in the week.

24. Members’ Disclosure of Interests

The disclosures of interests made by Members were set out in Appendix A to the minutes.

25. Presentation of Gifts to Former Members

The Mayor presented a gift to each of the following former Members of the Council, who had recently ceased to hold office, to commemorate their service to the Council:-

Marcella Head Stephen Joyce Colin Lloyd John Mortimer Doug Murdoch

The Mayor, on behalf of the Council, thanked the former members for their service to this Authority.

26. Presentation of Long Service Badges

The Mayor presented each of the following Members with a badge commemorating their long service as a Member of Crawley Borough Council and thanked them for that long and dedicated service with this Authority:-

AWARD NAME

20 Years Councillor Redmayne

10 Years Councillor Quinn

2 Council Meeting 23 July 2008

27. Appointment of Returning Officer and Electoral Registration Officer

(Recommendation 1)

The Council had a duty to appoint a Returning Officer and an Electoral Registration Officer for Borough elections. As John Thraves was currently Acting Chief Executive, it was recommended that he be appointed to these posts until Lee Harris, the Council’s newly appointed Chief Executive, was in post - which was expected to be the 23rd of September.

Moved by Councillor R A Lanzer, seconded and

RESOLVED

(1) That John Thraves be appointed as Returning Officer and Electoral Registration Officer until the date that Lee Harris is in post as the Council’s Chief Executive.

(2) That with effect from the date that he commences in post as Chief Executive, Lee Harris be appointed as the Returning Officer and Electoral Registration Officer.

28. Appointment of Persons to Outside Bodies

(i) Gatwick Airport Community Trust

The Council was asked to consider nominating a person to serve on the Gatwick Airport Community Trust. One Borough/District Councillor was to be nominated to represent Crawley, Horsham and Mid-Sussex, and it had been suggested that on this occasion Crawley Borough Council nominate a Councillor to serve on that organisation. The Trust distributed income from noise infringement offences to community projects, and the nomination was for a four year term of office.

The Conservative Group was proposing the nomination of Councillor S A Blake to fill the vacancy concerned, whist the Labour Group was proposing the nomination of Councillor B A Smith. A vote was taken.

RESOLVED

That Councillor S A Blake be nominated to serve on the Gatwick Airport Community Trust.

(ii) West Sussex Mediation Service

The West Sussex Mediation Service had contacted the Council to say it would welcome the nomination of a Borough Councillor to serve as an observer on the Mediation Service’s Management Committee.

RESOLVED

That Councillor S Kaur be nominated to serve on the West Sussex Mediation Service.

29. Members’ Written Questions

Questions asked in accordance with Council Procedure Rule 10.3, together with the answers, were tabled as follows:-

Questioner - Councillor A C W Crane

Addressed to - Cabinet Member for Housing

Subject - Sale of Council Houses

Questioner - Councillor A C W Crane.

Addressed to - Cabinet Member for Housing.

Subject - Total dwelling stock.

Questioner - Councillor A C W Crane

Addressed to - Chair of the Development Control Committee.

Subject - Planning consents for residential development.

30. Reports by Cabinet Members

(i) Councillor C L Denman (the Cabinet Member for Planning and Economic Development) reported that the Secretary of State’s proposed modifications to the Draft South East Plan had now been received and that no increase in the Panel’s recommendation for the amount of housing provision in Crawley was proposed. However, an increase had been proposed to housing provision for Mid Sussex which was of importance to Crawley.

Nevertheless, Councillor Denman went on to highlight the fact that the judgment in respect of the North East Sector Consortium’s High Court challenge relating to the 2006 Inquiry and also the Secretary of State’s decision to grant planning permission for the Russell Way planning application were significant issues in demonstrating that housing delivery remained a prominent issue in Crawley and the sub-region.

Councillor Denman undertook to provide Members with a briefing note on the proposed modifications to the South East Plan.

(ii) Councillor A Quirk (the Cabinet Member for Community Engagement) reported on the Walk of Faith which had recently taken place from Goffs Park to Furnace Green, involving about twenty people.

He also encouraged Members to visit Broadfield Barton where he had recently unveiled a very impressive mosaic which had been produced as part of the Making a Mark project from contributions by more than one thousand school children and local residents. It was hoped that this achievement would be

4 Council Meeting 23 July 2008 replicated elsewhere in the town. Councillor Quirk congratulated staff involved for their valuable work in connection with this project.

(iii) Councillor J Millar-Smith (the Cabinet Member for Housing) reported that she would be providing Members with further details of a pilot being carried out under the Systems Thinking Project by the Responsive Repairs Team in Broadfield and Bewbush which was proving to be very successful, with approximately 65% of repairs being carried out the same day. It was hoped to roll out the pilot to the Gossops Green area next and, eventually, to the remainder of the Borough.

31. Questions to Cabinet Members

Questions asked pursuant to Council Procedure Rule 10.1 were as follows:-

(i) Question by Councillor Brown to Councillor MeCrow (as Cabinet Member for Leisure and Cultural Services)

In response to a question from Councillor Brown, Councillor MeCrow indicated that the Council would be participating in the Cultural Olympiad which commenced on 24 August 2008. As a potential training camp host, it was important that the town took part.

A specially commissioned flag would be flown during the period of the Cultural Olympiad. In addition, a special event would be held in the Memorial Gardens on the afternoon of 21 August and there would also be a Party in the Park on Sunday 24 August. More details would be available in due course because these events were still in the early stages of organisation.

(ii) Question by Councillor Hull to Councillor Lanzer (as Leader of the Council and Chair of the Cabinet)

Councillor Lanzer was invited to comment on the proposals contained in the Boundary Committee’s County Boundary Review, which would appear to compromise the neighbourhood principle.

Councillor Lanzer indicated that he did not support the current proposals as they stood because he opposed the proposal to split the Gossops Green ward. However, Councillor Lanzer added that he was supportive of the principle of single member divisions.

(iii) Question by Councillor Quinn to Councillor MeCrow (as Cabinet Member for Leisure and Cultural Services)

Councillor Quinn asked whether ward members might be informed in advance of work being carried out in the area. He went on to say that he had received calls relating to the work being undertaken by Thames Water in connection with a sewer in Broadfield. However, having no knowledge of the proposed work, he had been placed in an embarrassing situation.

Councillor MeCrow indicated that, as this was a Thames Water project, the matter was in their hands. However, once aware of the proposals, the Council had taken the opportunity to negotiate the retention of certain trees and the use of the spoil for dam improvements.

5 Council Meeting 23 July 2008 Councillor Quirk (as Cabinet Member for Community Engagement) indicated that the works fell within his ward and that he and Councillor Gilroy (Broadfield South Ward) had been involved in early discussions with park staff about the proposed works. The proposals, which would be the subject of consultation in September, would improve the drainage in the whole town and also raise the profile of Broadfield Park. He acknowledged that perhaps it would have been helpful to have shared this information with the Broadfield North councillors.

(iv) Question by Councillor Cheshire to Councillor C L Denman (as Cabinet Member for Planning and Economic Development) and Councillor B K Blake (as Cabinet Member for Environmental Services)

Councillor Cheshire reported that three pilot neighbourhood noticeboards were now in place and asked how communications with residents could in the future be improved. In particular, she cited the removal of the oak tree in Ifield Parade and the removal of the Gossops Green bridge for maintenance as examples of instances where residents would have appreciated some warning.

Councillor Denman agreed with the sentiments expressed by Councillor Cheshire about communication between West Sussex County Council and residents and suggested that the County Local Committees did not always focus on everyday issues, such as those identified.

Councillor Blake indicated that he had also been surprised about the removal of the oak tree but understood that it had been removed as a matter of some urgency as it was suffering with fungal rot. As far as the Gossops Green Bridge was concerned, this work had been in the highway maintenance programme for a long time. Nevertheless, residents would not necessarily be aware of this.

Councillor Crow pointed out that several members of West Sussex County Council were present in the Chamber (including himself) and that the comments made by members on this issue should be fed back to the County Council.

Members noted that their queries about the programme for checking the health of trees were likely to be addressed as part of the scrutiny review on trees.

The Mayor confirmed that the Council would write to West Sussex County Council in connection with these concerns.

(v) Question by Councillor B A Smith to Councillor Quirk (as Cabinet Member for Community Engagement)

Councillor Smith enquired as to the current position with regard to the Hospital Shuttle Bus.

Councillor Quirk indicated that officers had been speaking to the Surrey and Sussex Healthcare NHS Trust on a fortnightly basis since April, and had received repeated assurances that a consultation with Members about the future of the Link Bus was imminent. However, as details of the consultation were still not available, he had written to the Chief Executive of the Trust to ask for an urgent update as to the timing of the consultation. He added that the Trust very much took the view that they should be dealing with the County Health Overview and Scrutiny Committee, as they had a statutory duty to do so. However, this was a local issue in which the Borough Council should also be involved and Members could rest assured that he would continue to seek a

6 Council Meeting 23 July 2008 response from the Trust on this matter. In welcoming Councillor Smith’s support, Councillor Quirk undertook to provide her with correspondence with the Trust on this matter.

The Mayor added that the HOSC’s North East of West Sussex Task Force had met recently with the PCT and had made clear the importance of the Shuttle Bus to Crawley.

(vi) Question by Councillor R G Burgess to Councillor Millar-Smith (as Cabinet Member for Housing)

Councillor Burgess asked whether ward members should be receiving details relating to evictions in their wards.

Councillor Millar-Smith responded that, following changes to the Constitution earlier in the year, the execution of Court Orders relating to evictions should now be reported to herself and to ward members. She had been pursuing this with officers and advised Members that, unless a ward member had been asked to act on behalf of a resident, the information would be of an anonymous nature.

32. Questions to Committee Chairs No questions were asked.

33. Items for Debate In accordance with Council Procedure Rule 2.1 (xiv), Members indicated that they wished to speak on the following items:-

Minute Committee/ Subject Book Minute no. Page no. Agenda Item 7 Appointment of Returning Officer and Electoral Registration Officer.

(Recommendation 1)

61 Cabinet Black and Minority Ethnic Housing 11 June 2008 Strategy 2009/13. Minute 6 (Recommendation 2)

63 Cabinet Local Government Pension Scheme 11 June 2008 2008. Minute 10 (Recommendation 3)

64 Cabinet Procurement Strategy 2008 -11 and 11 June 2008 Procurement Code Amendments Minute 11 (Recommendation 4)

7 Council Meeting 23 July 2008 Minute Committee/ Subject Book Minute no. Page no. 67 Cabinet Crawley Community Safety Partnership 11 June 2008 Plan 2008/11. Minute 15 (Recommendation 5)

105 General Purposes Changes to the Constitution Committee 30 June 2008 (Including Recommendation 6) Minute 5

131 Standards Committee Local Assessment of Member 1 July 2008 Complaints – Standards Committee - Operational Arrangements.

(Recommendation 7)

170 Cabinet Financial Outturn 2007/8 9 July 2008 Minute 25 (Recommendation 8)

171 Cabinet Budget Strategy 2009/10 - 2011/12 9 July 2008 Minute 26 (Recommendation 9)

174 Cabinet Homelessness Strategy 2008 – 2013 9 July 2008 Minute 28 (Recommendation 10)

179 Cabinet 9 July 2008 * Reconfiguration of Amenity and Minute 36 Support Services within the Community Services Directorate.

(Recommendation 11)

180 Cabinet 9 July 2008 *K2 Leisure Management Contract - Minute 37 From November 2008 to November 2018

* Part B Items

The Council was reminded that as was the usual practice the minutes of all meetings were recorded in Part A, and that when the minutes came before Council they were debated in Part A unless exempt information was likely to be discussed. The Mayor indicated that the items asterisked above were originally Part B items (exempt from disclosure). However, he confirmed that he was intending to hold the debate on these items in open session unless any Member considered it likely that information that was exempt from disclosure was likely to be disclosed during the debate. In which case, they might move the deferral of the item(s) until the end of the meeting.

8 Council Meeting 23 July 2008 If these items were debated in open session, Members were asked to be mindful of the fact that they should not disclose any information that was exempt from disclosure, such as details relating to or likely to identify an individual, financial or business affairs or information that might be commercially sensitive.

34. Reports of the Cabinet and Committees The following reports were presented to the Council and questions were addressed to the respective Cabinet Members on issues raised in the reports:-

(a) Report of the Development Control Committee – 31 March 2008 (Agenda Item 14 (a))

Councillor K Brockwell (who in the absence of Councillor Dr. H S Bloom had been Chair for this Committee meeting) presented the report.

Moved by Councillor K Brockwell, seconded and

RESOLVED

That the report of the Development Control Committee of 31 March 2008 be received.

(b) Report of the Appointments and Investigating Committee – 14 April 2008 (Agenda Item 14 (b))

RESOLVED

That the report of the Appointments and Investigating Committee of 14 April 2008 be received.

(c) Report of the Development Control Committee – 14 April 2008 (Agenda Item 14 (c))

Moved by Councillor Dr. H S Bloom, seconded and

RESOLVED

That the report of the Development Control Committee of 14 April 2008 be received.

(d) Report of the Appointments and Investigating Committee – 17 April 2008 (Agenda Item 14 (d))

9 Council Meeting 23 July 2008 RESOLVED

That the report of the Appointments and Investigating Committee of 17 April 2008 be received.

(e) Report of the Development Control Committee – 2 May 2008 (Agenda Item 14 (e))

Moved by Councillor Dr. H S Bloom, seconded and

RESOLVED

That the report of the Development Control Committee of 2 May 2008 be received.

(f) Report of the Membership Committee – 14 May 2008 (Agenda Item 14 (f))

Members were reminded that the report of the Membership Committee of 14 May 2008, including its recommendations, had been considered and decided upon at the Council’s AGM held on 23 May 2008. Under the circumstances the report had not been included for further debate at this meeting.

(g) Report of the Appointments and Investigating Committee – 27 May 2008 (Agenda Item 14 (g))

Members were reminded that the report of the Appointments and Investigating Committee of 27 May 2008 had been received by the Council at its extraordinary meeting held on 17 June 2008. Under the circumstances the report had not been included for further consideration at this meeting.

(h) Report of the Development Control Committee – 2 June 2008 (Agenda Item 14 (h))

Moved by Councillor N Boxall, seconded and

RESOLVED

That the report of the Development Control Committee of 2 June 2008 be received.

(i) Report of the Appointments and Investigating Committee – 4 June 2008 (Agenda Item 14 (i))

Members were reminded that the report of the Appointments and Investigating Committee of 4 June 2008, including its recommendation, had been considered and decided upon at the Council’s extraordinary meeting held on 17 June 2008. Under the circumstances the report had not been included for further debate at this meeting.

10 Council Meeting 23 July 2008 (j) Report of the Licensing Committee – 4 June 2008 (Agenda Item 14 (j))

Moved by Councillor B M Brockwell, seconded and

RESOLVED

That the report of the Licensing Committee of 4 June 2008 be received.

(k) Report of the Overview and Scrutiny Commission – 9 June 2008 (Agenda Item 14 (k))

Moved by Councillor R G Burgess, seconded and

RESOLVED

That the report of the Overview and Scrutiny Commission of 9 June 2008 be received.

(l) Report of the Cabinet – 11 June 2008 (Agenda Item 14 (l))

Councillor R A Lanzer presented the report which included four recommendations. These related to Minute No. 6 (Black and Minority Ethnic Housing Strategy 2009/13), Minute No. 10 (Local Government Pension Scheme 2008), Minute No.11 (Procurement Strategy 2008 -11 and Procurement Code Amendments) and Minute No. 15 (Crawley Community Safety Partnership Plan 2008/11).

RESOLVED

That the report of the Cabinet of 11 June 2008 be received.

Black and Minority Ethnic Housing Strategy 2009/13

(Recommendation 2)

The Cabinet had considered report HSS/53 of the Head of Housing Strategic Services. The draft Strategy revised and replaced the previous Black and Minority Ethnic Strategy which the Council had endorsed in 2002.

The draft BME Strategy formed part of the main Housing Strategy which was currently being developed for the period 2009/13. On this basis the BME Strategy was a policy framework document and therefore a recommendation needed to be made to the full Council.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 9 June and, subject to the following comments, the Commission had confirmed its support for the report. The Commission had been pleased that the Cabinet Member for Housing, at that 9 June meeting, had agreed to reconsider the wording on page 2/23 of the Housing Strategy on the access to council housing of different black and minority ethnic groups, to avoid possible misinterpretation. The Commission had also 11 Council Meeting 23 July 2008 expressed some concerns about the following matters and which the Cabinet agreed should be looked into to ascertain the extent of the problems and how they could be addressed in due course:- (i) evidence of overcrowding (page 2/26), (ii) the Council’s discretion to license Houses of Multiple Occupation (HMO’s) of under three storeys, (iii) the cost to the Council of housing Diego Garcians and Chagos Islanders, and (iv) the suspicion of translation services (page 2/26).

The Commission had also expressed the view that the work undertaken had helped to develop an increased understanding of the potential of such strategies. The Commission considered that by working with other partners/parties, the principles could also be extended to other areas (e.g. Health and social inclusion) where a real difference could be made.

RESOLVED

That the Strategy be approved for adoption and subsequent publication.

Local Government Pension Scheme 2008

(Recommendation 3)

The Cabinet had considered report HRD/0068 of the Head of Human Resources and Development. The report informed Members that with effect from 1 April 2008 the government had introduced a ‘new look’ pension scheme for local government employees. The majority of the changes had been defined nationally but there were some local discretions to be agreed.

Members were reminded that following the introduction of the Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations 2006 the Council had developed a new scheme of discretions on redundancy and early retirement which had been agreed by the Executive at its meeting on 13 June 2007. Having reviewed those arrangements, some further changes to the discretions on efficiency of the service retirements were now recommended.

The new scheme introduced an approved accrual rate but removed the automatic lump sum on retirement. It also required Councils to consider a number of local discretions when introducing the new scheme. The government’s intention in introducing a new pension scheme was for it to be affordable and viable, fair to taxpayers, attractive and valued by employees and to deliver an appropriate defined benefit income on retirement. In order to achieve those objectives the new scheme provided the following:- (i) improved accrual rates, (ii) no automatic lump sum on retirement, (iii) a new banded contribution structure, ranging from 5.5% to 7.5%, replacing the previous flat rate contribution of 6% for all staff (except some manual graded staff); and (iv) a tiered approach to ill health retirement.

This matter including the revised discretions on volunteered efficiency of the service retirements had been the subject of consultations with the Trade Union, Unison.

12 Council Meeting 23 July 2008 Moved by Councillor R A Lanzer, seconded and

RESOLVED

(1) That the new pension discretions arising from the ‘new look’ Local Government Pension Scheme be agreed

(2) That the revised discretions on volunteered efficiency of the service retirements be agreed.

Procurement Strategy 2008 - 11 and Procurement Code Amendments

(Recommendation 4)

The Cabinet had considered report PSP/83 of the Head of Property Services and Procurement. The report informed Members that as a result of the joint working with Horsham and Mid Sussex District Councils, the opportunity had been taken to produce a joint Procurement Strategy for Horsham, Mid Sussex and Crawley Councils supported by individual sustainable procurement and e- procurement strategies for each Council.

The new Procurement Strategy created a common procurement vision that outlined the future direction and deliverables of strategic procurement across the three Councils. The Strategy embraced the requirements of the National and South-East Region Improvement and Efficiency Strategies (IES), Local Government Sustainable Procurement Strategy Flexible Framework and the key themes of the three Councils’ corporate objectives. The development of the joint procurement strategy had identified some changes that were required within the procurement code in order to ensure that the procurement processes in Crawley Borough Council were easy to follow and were effective.

RESOLVED

(1) That the Joint Procurement Strategy with Horsham and Mid Sussex District Councils be agreed.

(2) That the proposed changes to the Procurement Code be agreed.

Crawley Community Safety Partnership Plan 2008/11

(Recommendation 5)

The Cabinet had considered report CTY/82 of the Director of Community Services. Members noted that the Crawley Crime and Disorder Reduction Partnership (CDRP) had been required to produce a new Community Safety Partnership Plan for 2008/11 and that it was required to be reviewed and revised annually, based on a refreshed strategic assessment of local crime and disorder issues. That Partnership Plan had been agreed by the Crawley Responsible Authorities Partnership.

The Crawley Community Safety Partnership Plan was a policy framework document, and therefore a recommendation needed to be made to the full Council. The Council acknowledged the good work that was being carried out 13 Council Meeting 23 July 2008 by both the Portfolio Holder for Community Engagement and the Community Safety Team, and Members noted that a 7.2% reduction in crime had been achieved during the last three years.

RESOLVED

That the Crawley Community Safety Partnership Plan 2008/11, a copy of which is attached as an Appendix to report CTY/82, be endorsed.

(m) Report of the Development Control Committee – 23 June 2008 (Agenda Item 14 (m))

Moved by Councillor N Boxall, seconded and

RESOLVED

That the report of the Development Control Committee of 23 June 2008 be received.

(n) Report of the Audit and Governance Committee – 24 June 2008 (Agenda Item 14 (n))

In the absence of the Committee’s Chair, the Committee’s report was presented by Councillor Eade.

Moved by Councillor Eade, seconded and

RESOLVED

That the report of the Audit and Governance Committee of 24 June 2008 be received.

(o) Report of the Appointments and Investigating Committee – 27 June 2008 (Agenda Item 14 (o))

Moved by Councillor B MeCrow, seconded and

RESOLVED

That the report of the Appointments and Investigating Committee of 27 June 2008 be received.

(p) Report of the General Purposes Committee – 30 June 2008 (Agenda Item 14 (p))

Councillor R D Burrett presented the report which included a recommendation relating to Minute No.5 (Changes to the Constitution).

Moved by Councillor R D Burrett, seconded and

14 Council Meeting 23 July 2008 RESOLVED

That the report of the General Purposes Committee of 30 June 2008 be received.

Changes to the Constitution

(Recommendation 6)

The Committee had considered the changes to the Constitution, details of which were now before the Council.

Moved by Councillor R D Burrett, seconded and

RESOLVED

That the changes to the Constitution as proposed in Appendix 1 to the minutes of the General Purposes Committee meeting of 30 June 2008, be agreed.

(q) Report of the Standards Committee – 1 July 2008 (Agenda Item 14 (q))

Mr A Earl presented the report which included a recommendation relating to Minute No.4 (Local Assessment of Member Complaints – Standards Committee - Operational Arrangements).

Moved by Mr A Earl, seconded and

RESOLVED

That the report of the Standards Committee of 1 July 2008 be received.

Local Assessment of Member Complaints – Standards Committee - Operational Arrangements

(Recommendation 7)

The Committee had considered report LDS/2 of the Head of Legal and Democratic Services on further operational changes required to implement the new arrangements whereby written allegations that a Member or Co-opted Member had breached the Code of Conduct would be made to the local Standards Committee rather than the Standards Board for England.

It was acknowledged that since the Council had agreed structural changes at its meeting on 9 April 2008 to reflect the new arrangements, the Standards Committee (England) Regulations 2008 had come into force which set out details of how the local based system for the assessment, review and hearing of alleged complaints would operate. In addition, the Standards Board for England had published guidance on the Local Assessment of Complaints, aspects of which needed further consideration by the Committee. It was mandatory that this guidance should be taken into account by local authorities in developing effective procedures to fulfil their legislative requirements.

15 Council Meeting 23 July 2008 In addition to the recommendations that it was required to make to the full Council regarding proposed changes to the Constitution, the Committee had resolved that the structure put in place by the Council to deal with allegations relating to a breach of the Code of Conduct (summarised in paragraph 3 of report LDS/2 of the Head of Legal and Democratic Services) be agreed, whilst it also resolved issues in relation to the publicity given to the complaints system, the submission of complaints and accessibility, the procedure, the template documents for use as part of the local assessment process, and the required monitoring process.

Moved by Mr A Earl, seconded and

RESOLVED

(1) That Article 9 and Part 3 of the Constitution be further amended to reflect the changes proposed in italics in Appendix A to the minutes of the Standards Committee meeting of 1 July 2008.

(2) That the Constitutional changes proposed in Appendix B to those Committee minutes be agreed.

(r) Report of the Overview and Scrutiny Commission – 7 July 2008 (Agenda Item 14 (r))

The Council was referred to the following clerical correction:-

(a) With regard to Page 156, under the heading of Also in Attendance, delete the name “R G Burrett” and insert, with the correct initials, the name “R D Burrett”.

(b) With regard to Page 157, under the heading of Members’ Disclosure of Interests and Whipping Declarations, delete the name “R G Burrett” and insert, with the correct initials, the name “R D Burrett”.

Moved by Councillor R G Burgess, seconded and

RESOLVED

That the report of the Overview and Scrutiny Commission of 7 July 2008, as amended, be received.

(s) Report of the Cabinet – 9 July 2008 (Agenda Item 14 (s))

Councillor R A Lanzer presented the report which included four recommendations. These related to Minute No. 25 (Financial Outturn 2007/8), Minute No. 26 (Budget Strategy 2009/10 – 2011/12), Minute No. 28 (Homelessness Strategy 2008/13) and Minute No. 36 (Reconfiguration of Amenity and Support Services within the Community Services Directorate).

RESOLVED

That the report of the Cabinet of 9 July 2008 be received. 16 Council Meeting 23 July 2008 Financial Outturn 2007/8

(Recommendation 8)

The Cabinet had considered report FIN/148 of the Head of Finance, which summarised the Financial Outturn for 2007/8.

In addition to the recommendation that it was required to make to the full Council regarding a proposal for added provision to be made in the 2008/09 Affordable Housing Capital Programme (Paragraph 6.4 of report FIN/148 refers), the Committee had resolved: (i) that the expenditure/income for the year 2007/8 as set out in the report be agreed, and (ii) that an increase of £51,000 be made to the capital programme for Women’s Royal Voluntary Service House (WRVS) and that it be funded from the capital receipts.

RESOLVED

That an additional £730,000 be included in the Housing Enabling Capital Programme, and that it be funded from Section 106 contributions.

Budget Strategy 2009/10 – 2011/12

(Recommendation 9)

The Cabinet had considered report DIRr/39 of the Director of Resources. The report set out the projected financial position for 2009/10 to 2011/12. For 2009/10, the report proposed an increase in council tax of no more than 2% and net general fund savings targets of £400,000 for 2010/11 and 2011/12. For the Housing Revenue Account (HRA) there was considerable uncertainty around the future of the housing subsidy system until the results of the CLG/Treasury review were known. A savings target of £300,000 for 2009/10 and 2010/11 was proposed.

The 2008/9 Budget allowed for: (i) a council tax increase of 2% in 2008/9, (ii) savings of £2.58million in 2008/9 and £1.117million in 2009/10, (iii) a planned withdrawal from reserves of £0.25million with the objective of eliminating the use of reserves by 2009/10; and (iv) additional planned capital investment of £3.466million in 2009/10 and £3.984 million in 2010/11.

In accordance with the Budget Procedure Rules, this matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 7 July. The Cabinet had acknowledged the views of the Commission, including its comments in welcoming the ability within the budget for funding growth bids for services such as potentially, the tree service, neighbourhood parades and environmental improvement programmes and further enforcement (subject to approval through the Budget Advisory Group).

There was a full and detailed debate by the Council on this issue, during which the Mayor withdrew from the meeting for a brief spell and, in his absence, Councillor B J Burgess (as Deputy Mayor) took the Chair.

During the Leader’s summing up at the end of the debate, Councillor Hull moved a closure motion, ‘That the question be now put’. However, the Mayor took the view that the matter had not been sufficiently discussed and, having

17 Council Meeting 23 July 2008 taken advice from the Monitoring Officer, ruled that the Leader should be allowed to conclude his summing up.

RESOLVED

(1) That it be confirmed that the 2009/10 Council Tax increase for Crawley Borough Council be targeted at no more than 2%.

(2) That a guideline savings target be set for the General Fund of £400,000 for 2009/10 and 2010/11.

(3) That the service areas that did not submit savings options up to the 10% staffing and 15% controllable expenditure limits that had been set for the 2008/9 budget, be requested to submit 2009/10 savings options for consideration by the Budget Advisory Group.

(4) That a savings target of 5% for 2010/11 be set for all service areas; and

(5) That a guideline savings target for the Housing Revenue Account of £300,000 be set for 2009/10 and 2010/11.

Homelessness Strategy 2008/13

(Recommendation 10)

The Cabinet had considered report HSS/54 of the Head of Housing Strategic Services. The proposed Strategy revised the Council’s existing Homelessness Strategy for 2003 – 2008. The Department of Communities and Local Government required each local authority to conduct a new review of homelessness within its area, to map out existing service provision and to identify gaps and future trends. The Homelessness Review informed the Homelessness Strategy which set out the Council’s plans to address the identified gaps in provision and tackle the future issues that would affect the levels of homelessness within the Borough in partnership with key stakeholders.

Members noted that the Homelessness Strategy was one of a number of sub strategies that sat beneath the over arching Housing Strategy and supported the delivery of its vision and aims. The research and consultation process that had been undertaken had identified four key areas that the Council needed to address in tackling homelessness and those had been drawn together in the four key strategic objectives set out in the Homelessness Strategy namely: (i) homelessness prevention, (ii) tackling youth homelessness, (iii) temporary accommodation, and (iv) tackling homelessness in Black Minority Ethnic (BME) and hard to reach groups in the community.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 7 July. The Commission had welcomed and endorsed the report, and were pleased that the Action Plan included within the Strategy, contained a comprehensive set of milestones for implementation, and hoped that they would be achievable.

18 Council Meeting 23 July 2008 The Homelessness Strategy was a policy framework document and therefore a recommendation needed to be made to the full Council.

RESOLVED

That the Homelessness Strategy be approved for adoption and publication.

Reconfiguration of Amenity and Support Services within the Community Services Directorate

(Recommendation 11)

The Cabinet had considered report AM/26 of the Director of Community Services. The report provided details of how Amenity and Support Services functions within the Community Services Directorate would deliver the 2008/9 savings that had been agreed by the Budget Advisory Group in 2007, and set out restructure proposals to ensure that the division continued to be business and customer focused.

The restructure proposed to achieve the savings that had been identified, improve the service, and was likely to result in a net reduction in staffing numbers. However, allowing for vacancies and redeployment, it was possible that no redundancies would need to be made.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 7 July and the Commission had supported the recommendations set out in the report.

RESOLVED

(1) That the revised staffing structure for Amenity and Support Services, as shown in the Appendix attached to report AM/26, be approved.

(2) That the staffing and financial implications, as set out in sections 7 and 8 of the report, be approved.

(3) That the associated costs and the potential redundancy and pension costs, as set out in paragraph 8 of the report, be approved.

35. Closure of Meeting

The meeting ended at 9.20 p.m.

Dr. H S Bloom Mayor

APPENDIX A

Members’ Disclosures of Interest

Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. Councillor 14(c) Development p31 CR/2008/0041/FUL Personal and Non- A J E Quirk Control Prejudicial Interest 14 April as he was a member 2008 of the Langley Green Minute 100 Regeneration Project.

Cllr R D Burrett 14(e) Development p37 Planning Personal and Control Applications List – Prejudicial Interest 2 May 2008 – Application as Chair of Minute 107 CR/2008/0097/OUT Governors of Bewbush Community Primary School.

Councillor 14(h) Development p44 CR/2008/0202/OUT Personal and A C W Crane Control Southern Counties Prejudicial Interest. 2 June Garages Ltd, Ifield 2008 Road, West Green, Minute 4 Crawley

Councillor 14(h) Development p44 CR/2008/0202/OUT Personal and Non- J G Smith Control Southern Counties Prejudicial Interest in 2 June Garages Ltd, Ifield the item as he knew 2008 Road, West Green, one of the Directors Minute 4 Crawley of Southern Counties Garages Ltd.

Councillor 14(l) Cabinet p59 West Sussex Personal Non D G Crow 11 June County Council Prejudicial – 2008 Local Area Member of West Minute 5 Agreement (LAA2) Sussex County 2008/11 Council

Councillor 14(l) Cabinet p66 Heritage Strategy Personal Non C L Denman 11 June Prejudicial – 2008 Chair of Crawley Minute 14 Museum Society

Councillor 14(l) Cabinet p66 Heritage Strategy Personal Non B MeCrow 11 June Prejudicial – 2008 Member of Crawley Minute 14 Museum Society Board.

Councillor 14(l) Cabinet P59 West Sussex Personal Non 20 Council Meeting 23 July 2008 Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. J Millar-Smith 11 June County Council Prejudicial – 2008 Local Area Spouse is Leader of Minute 5 Agreement (LAA2) West Sussex County 2008/11 Council

Councillor 14(l) Cabinet p63 Local Government Personal Non M L Ayling 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non B K Blake 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non Dr. H S Bloom 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non N Boxall 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non B M Brockwell 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non K Brockwell 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non B J Burgess 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non 21 Council Meeting 23 July 2008 Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. R D Burrett 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non C A Cheshire 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non R A Lanzer 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non B J Quinn 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non C J Redmayne 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non D J Shreeves 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non B A Smith 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(l) Cabinet p63 Local Government Personal Non J G Smith 11 June Pension Scheme Prejudicial – 2008 2008 Member of the Local Minute 10 Government Pension Scheme.

Councillor 14(m) Development p89 CR/2008/0253/FUL Personal and Non- 22 Council Meeting 23 July 2008 Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. A C W Crane Control Land adjacent to Prejudicial Interest in 23 June Overdene Drive, the item as a 2008 Ifield, Crawley member of his Minute 9 constituency had submitted the application.

Councillor 14(m) Development p89 CR/2008/0266/FUL Personal and C R Eade Control Sikh Temple, 25-29 Prejudicial Interest. 23 June Spencers Road, 2008 West Green, Minute 9 Crawley

Councillor 14(m) Development p89 CR/2008/0253/FUL Personal and Non- R J Hull Control Land adjacent to Prejudicial Interest in 23 June Overdene Drive, the item as a 2008 Ifield, Crawley member of his Minute 9 constituency had submitted the application.

Councillor 14(m) Development p89 CR/2008/0266/FUL Personal and R J Hull Control Sikh Temple, 25-29 Prejudicial Interest. 23 June Spencers Road, 2008 West Green, Minute 9 Crawley

Councillor 14 (n) Audit and p94 to The Committee’s full Personal and Non- C L Denman Governance p100 report of 24 June. Prejudicial Interest in 24 June 2008 this item as Minutes 1 to Councillor Denman 11 undertook consultancy work for the Audit Commission.

Councillor 14(p) General p104 Report of the Personal and Non- ALI Burke Purposes Electoral Turnout Prejudicial Interest in 30 June Scrutiny Panel the item as her 2008 husband (Councillor Minute 4 L A M Burke) had been an active member of the Scrutiny Panel

Councillor 14(r) Overview and p161 Homelessness Personal and Non 23 Council Meeting 23 July 2008 Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. R D Burrett Scrutiny Strategy Prejudicial – Council Commission 2008 – 2013 representative and 7 July Trustee on 2008 Management Minute 26 Committee of Crawley Open House

Councillor 14(r) Overview and p162 Scrutiny Review Personal and Non C A Cheshire Scrutiny Work Programme Prejudicial – With Commission 2008/09 regards to the 7 July Adaptations review, 2008 Councillor Cheshire Minute 28 had been a recipient of Disabled Facility Grant in 1997

Councillor 14(s) Cabinet p176 Report of Voluntary Personal Non B K Blake 9 July Sector Funding and Prejudicial – Chair of 2008 Support Programme District Scouts Minute 31 – 2009/10 – 2010/11 Executive

Councillor 14(s) Cabinet p174 Homelessness Personal and Non- R D Burrett 9 July Strategy 2008/13 Prejudicial Interest 2008 as a Borough Minute 28 Council representative and trustee on the Management Committee of Crawley Open House

Councillor 14(s) Cabinet p176 Report of Voluntary Personal and Non- R D Burrett 9 July Sector Funding and Prejudicial Interest 2008 Support Programme as a Borough Minute 31 – 2009/10 – Council 2010/11 representative and trustee on the Management Committee of Crawley Open House

Cllr R D Burrett 14(s) Cabinet p180 K2 Leisure Personal and Non- 9 July 2008 – Management Prejudicial Interest Minute 37 Contract – From as a Governor of November 2008 to Thomas Bennett November 2018 Community College Councillor 14(s) Cabinet p176 Report of Voluntary Personal Non 24 Council Meeting 23 July 2008 Member Agenda Name and Minute Subject or Prejudicial or Item date of Book Planning Non Prejudicial and No. Cabinet/ Page Application No. Nature of Interest Committee No. and Minute No. J L Millar-Smith 9 July Sector Funding and Prejudicial – 2008 Support Programme Previous Council Minute 31 – 2009/10 – 2010/11 representative on Crawley CVS

25 Development Control Committee 14 July 2008

Minutes of Development Control Committee 14 July 2008 at 7.30pm Present: Councillor N Boxall (Chair)

Councillor K Brockwell (Vice–Chair)

Councillors S A Blake, Dr H S Bloom, L A M Burke, A C W Crane, C L Denman, J I Denman, L Gilroy, R J Hull, A J E Quirk and J G Smith

Also in Attendance:

Councillor R A Lanzer

Officers Present:

Ted Beresford-Knox Head of Planning Services Paul Fairham Development Control Manager Manson Kendall Principal Property Lawyer Mez Matthews Democratic Services Officer

Apologies for Absence:

Councillors C R Eade, L A Seekings and L Taylor

11. Minutes

The minutes of the meeting of the Committee held on 23 June 2008 were approved as a correct record and signed by the Chair.

12. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillor C L Denman had been lobbied regarding application CR/2008/0215/FUL.

Councillors S A Blake, N Boxall, L A M Burke, A C W Crane, J I Denman, L Gilroy, R J Hull, A J E Quirk and J G Smith had been lobbied regarding application CR/2008/0262/FUL.

Councillors C L Denman and J I Denman had been lobbied regarding application CR/2008/0393/LBC. 13. Members’ Disclosure of Interests

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 14 CR/2008/0262/FUL Councillor C L Denman C L Denman Sprig Plat Court, was of the opinion that Spring Plat, Pound as she had pre Hill, Crawley determined her decision with regard to the application as she had met with residents and had held discussions with the developer. Councillor C L Denman withdrew from the meeting whilst the item was discussed and took no part in the discussion.

14. Planning Applications List

The Committee considered report PS/343 of the Head of Planning Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PS/343 of the Head of Planning Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2008/0215/FUL Erection of new education facility and parking and demolition of most of the existing building at Central Sussex College, College Road, Three Bridges, Crawley

Councillors S A Blake, Dr H S Bloom, N Boxall, K Brockwell, L A M Burke and J G Smith had visited the site independently

Approved subject to standards detailed conditions concerning permission time limit, materials / finishes, land levels / finished floor levels, Bird Strike Hazard Management Plan, landscaping, planting, tree/hedge retention, hard landscaping, surface water drainage, noise and dust mitigation scheme, phasing plan, pedestrian crossing, on-site parking spaces, cycle / motorcycle parking spaces, temporary parking management strategy, Green Travel Plan, strip of land from College Road frontage, access(es), surface water discharge, construction programme, additional access(es), temporary parking / loading / unloading,

stacking and storage, wheel cleaning facilities, notice(s) and hours of work.

* CR/2008/0262/FUL Demolition of single storey link block and internal reconfiguration of residential accommodation together with landscape and environmental improvements at Spring Plat Court, Spring Plat, Pound Hill, Crawley.

Councillors N Boxall and A C W Crane had attended the site visit

Councillors S A Blake, Dr H S Bloom, K Brockwell, L A M Burke, C L Denman, J I Denman and J G Smith had visited the site independently.

Deferred.

* CR/2008/0278/FUL Erection of 20m telecommunication column, 1 ground based equipment cabinet and ancillary development thereto on land at A2011 sliproad, westbound carriageway, Pound Hill, Crawley.

Councillors N Boxall and K Brockwell had visited the site independently

Approved subject to standards detailed conditions concerning permission time limit and colour.

CR/2008/0360/FUL Erection of side conservatory at 23 Worth Park Avenue, Pound Hill, Crawley

Councillors N Boxall, K Brockwell and L A M Burke had visited the site independently

Approved subject to standard detailed conditions concerning permission time limit, brickwork and relevant drawing.

CR/2008/0384/RG3 Erection of ball stop fence at Maidenbower Park Pavilion, Maidenbower Drive, Maidenbower, Crawley.

Councillors S A Blake, Dr H S Bloom, N Boxall and K Brockwell had visited the site independently

Approved subject to standard detailed conditions concerning permission time limit, materials, design, size of netting and mesh.

CR/2008/0393/LBC Listed Building consent for the demolition of the rear of 29 High Street, reinstatement of original roof form, removal of bay window and access door in south elevation for 29 High Street and the erection of a new attached 3/4 storey building to provide A3 (restaurant and café) and A4 (drinking establishments) / office uses and 1 apartment on Haslett Avenue West and 29-35 High Street, Northgate, Crawley.

The Applicant (Mr Terence Macey) and the Architect (Mr Paul Harrison) addressed the Committee.

Councillors S A Blake, Dr H S Bloom, K Brockwell and C L Denman had visited the site independently

That the Head of Planning Services be authorised to approve the application subject to standard conditions concerning consent time limit, implementation of a programme of demolition works, protections of remaining part of the Listed Building, any damage to fabric of the building, original / approved materials, materials / finishes, detailed method statement, and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 in relation to CR/2008/0395/FUL by 12 September 2008 relating to the provision of a CCTV camera and financial contributions towards transport.

Should the Section 106 Agreement fail to be completed within the 13 week time period which expires on 12 September 2008 and unless there are exceptional circumstances for the delay, the Head of Planning Services be authorised to refuse planning permission for the following reason:

1. An agreement is not in place to ensure the appropriate infrastructure provisions to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Submission Planning Guidance Note 16 Parking Standards and Transport Contributions.

It was agreed that the following additional condition be included:

1. The buildings forming the subject of this application shall not be demolished before a contract for the carrying out of the redevelopment of the site has been made and concluded and planning permission for the redevelopment for which the contract provides has been granted

CR/2008/0394/CAC Conservation Area consent for the demolition of rear of 29 High Street and 35 High Street, retention of Listed Building at 29 High Street and the erection of new 3 and 4 storey building to provide A3 (restaurant and café) / A4 (drinking establishments) / office uses and 1 apartment on Haslett Avenue West and 29-35 High Street, Northgate, Crawley.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, original / specified materials, archaeological investigation, and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 in relation to CR/2008/0395/FUL by 12 September 2008 relating to the provision of a CCTV camera and financial contributions towards transport.

It was agreed that the following additional condition be included:

1. The buildings forming the subject of this application shall not be demolished before a contract for the carrying out of the redevelopment of the site has been made and concluded and planning permission for the redevelopment for which the contract provides has been granted

CR/2008/0395/FUL Demolition of rear of 29 High Street and 35 High Street, retention of listed building at 29 High Street and erection of new 3 and 4 storey building to provide A3 (restaurants and cafes) / A4 (drinking establishments) / office uses ad 1 apartment on Haslett Avenue West and 29-35 High Street, Northgate, Crawley.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials / finishes, details of fenestration profile and dimensions, details of brick dental course / parapet detailing / dormer detailing / stonework / shopfront profiles, land levels / finished floor levels, percentage of frontage used for Class A4 uses, implementation of a programme of demolition, archaeological investigation, access(es) / layby / footway works, parking spaces, surface water discharge, loading / unloading, stacking / storage, wheel cleaning facilities, notice(s), Construction Method Statement, Green Travel Plan, hours of work, means of ventilation for air conditioning plant, scheme for sound insulation, noise from entertainment, Bird Hazard Management Plan, and upon the conclusion of an agreement under Section 106 of the Town and County Planning Act 1990 12 September 2008 relating to the provision of a CCTV camera and financial contributions towards transport.

*In connection with these applications, the Committee had before it letters from nearby residents and/or public authorities.

With the business of the Committee concluded, the Chair declared the meeting closed at 8.35pm.

N BOXALL Chair

31 Development Control Committee 4 August 2008

Minutes of Development Control Committee 4 August 2008 at 7.30pm Present: Councillor N Boxall (Chair)

Councillors A C W Crane, C R Eade, L Gilroy, A J E Quirk, L A Seekings, J G Smith and L K Taylor

Officers Present:

Ted Beresford-Knox Head of Planning Services Paul Fairham Development Control Manager Manson Kendall Principal Property Lawyer Kay Molloy Democratic Services Officer

Councillors S A Blake, Dr H S Bloom, L A M Burke, C L Denman, J I Denman and R J Hull

16. Minutes

The minutes of the meeting of the Committee held on 14 July 2008 were approved as a correct record and signed by the Chair.

Councillor L A Seekings had been lobbied regarding application CR/2008/0262/FUL.

32 Development Control Committee 4 August 2008 18. Members’ Disclosure of Interests

Member Minute Subject Nature of Disclosure Number Councillor L K Minute 19 CR/2008/0411/FUL Personal and Prejudicial Taylor Land at Langley Interest in the item as Walk, Langley he had been consulted Green, Crawley by the Applicant with regard to valuation of the property. Councillor L K Taylor withdrew from the meeting whilst the item was being discussed and took no part in the discussion.

The Committee considered report PS/345 of the Head of Planning Services.

RESOLVED

Councillors N Boxall, A C W Crane, and L A Seekings had attended the site visit prior to the meeting of 14.7.08.

Councillors K Brockwell, J G Smith and L K Taylor had visited the site independently

Deferred.

CR/2008/0269/FUL Refurbishment of ground floor units for use class A1/A2/A3, creation of office entrance, new shop frontages and canopy. Demolition and reconstruction of existing upper floors and addition of 2 floors above for B2 offices (amended plans received 17/7/08) at 15-29 The Broadway, Northgate, Crawley.

Councillors N Boxall, K Brockwell, L A Seekings and L K Taylor had visited the site independently.

That the head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials / finishes, shopfront and fenestration profiles, canopy

33 Development Control Committee 4 August 2008 works, ventilation, Bird Hazard Management Plan, cycle parking spaces, non-retail usage, site management scheme and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 by 6 August 2008 to secure a Transport Access Demand (TAD) contribution.

CR/2008/0364/FUL Erection of six storey office building with 162 car parking spaces at Crawley Business Quarter Manor Royal, Northgate, Crawley

Councillors N Boxall and K Brockwell had visited the site independently.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials / finishes, landscaping, planting, parking spaces / turning facilities, turning of vehicles, surface water discharge, construction / surface / drainage of road(s), access(es), temporary parking, stacking and storage, wheel-cleaning facility, Green Travel Plan, Bird Strike Hazard Management Plan and upon the conclusion of a Section 106 Unilateral Agreement by 27 August 2008 regarding a financial contribution towards transport and any amendment that may need to be made to the wording of condition 13 to secure a Green Travel Plan.

Should the Section 106 Agreement fail to be completed within the 13 week time period, which expires on 27 August 2008, and unless there are exceptional circumstances for the delay, the Head of Planning Services be authorised to refuse planning permission for the following reason:

1. An agreement is not in place to ensure that the appropriate transport infrastructure provision is provided to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Crawley Borough Local Development Framework Core Strategy and Supplementary Planning Guidance Note 16 Parking Standards and Transport Contributions.

CR/2008/0365/FUL Erection of six storey office building with 162 car parking spaces at Crawley Business Quarter Manor Royal, Northgate, Crawley

Councillors N Boxall and K Brockwell had visited the site independently.

That the head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials finishes, landscaping, planting, parking spaces / turning facilities, turning of vehicles, surface water discharge, construction / surface / drainage of road(s), access(es), 34 Development Control Committee 4 August 2008 temporary parking, stacking and storage, wheel-cleaning facility, Green Travel Plan, Bird Strike Hazard Management Plan and upon the conclusion of a Section 106 Unilateral Agreement by 27 August 2008 regarding a financial contribution towards transport and any amendment that may need to be made to the wording of condition 13 to secure a Green Travel Plan. Should the Section 106 Agreement fail to be completed within the 13 week time period, which expires on 27 August 2008, and unless there are exceptional circumstances for the delay, the Head of Planning Services be authorised to refuse planning permission for the following reason:

1. An agreement is not in place to ensure that the appropriate transport infrastructure provision is provided to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Crawley Borough Local Development Framework Core Strategy and Supplementary Planning Guidance Note 16 Parking Standards and Transport Contributions.

* CR/2008/0370/FUL Erection of single storey rear/side extension (amended plans received) at 21 Strathmore Road, Ifield, Crawley.

A representative of the Applicant (Mr Tony Didcock) addressed the meeting.

Councillors N Boxall, C R Eade, L A Seekings and J G Smith had attended the site visit.

Councillor L K Taylor had visited the site independently

Approved subject to standard detailed conditions concerning permission time limit and materials / finishes.

CR/2008/0389/FUL Erection of single storey front extension and conversion of garage to study and cloakroom at 6 Mannings Close, Pound Hill, Crawley.

Councillor K Brockwell had visited the site independently

CR/2008/0411/FUL Erection of 12 Dwellings and associated works on land at Langley Walk, Langley Green, Crawley.

Councillors N Boxall, J G Smith, and L K Taylor had visited the site independently

35 Development Control Committee 4 August 2008 That the head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials finishes, land / finished floor levels, no windows / openings (1st floor walls plots, 1,2,3,6,9,12), landscaping, planting, tree protection, services / drains, hard landscaping, tree retention, noise report, hours of work, parking / turning facilities, access(es), surface water discharge, construction / surface and drainage of road(s), access(es), temporary parking, stacking and storage, wheel-cleaning facility, notice(s), footway, archaeological investigation, and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 by 23 September 2008 regarding financial contributions towards open space, library, fire and transport.

Should the Section 106 Agreement fail to be completed within the 13 week time period, which expires on 23 September 2008, and unless there are exceptional circumstances for the delay, the Head of Planning Services be authorised to refuse planning permission for the following reason:

An agreement is not in place to ensure that the appropriate infrastructure provisions to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Crawley Borough Local Development Framework Core Strategy and Supplementary Planning Guidance Note 16 Parking Standards and Transport Contributions.

20. Confirmation of Tree Preservation Order (Land West of Horsham Road and North of Bewbush Road, Horsham Road No.7) P16.3.14

The Committee considered report PS/0334 of the Head of Planning Services. The report stated that an emergency blanket Tree Preservation Order had taken effect from 4 April 2008 following pre-application approaches for redevelopment.

It was considered that the trees contributed significantly to the amenity of the area and streetscene and also to the character of the site and appearance of the surrounding area.

The Council's Arboricultural Officer had inspected the trees and considered that they were healthy and worthy of a Preservation Order.

The Council had received six letters of representations from different householders which raised a number of concerns. The report concluded that the identification of particular trees and groups of trees had largely addressed these concerns. No conclusive evidence had been provided with regard to the subsidence claim but the

36 Development Control Committee 4 August 2008 report made clear that the Order would not preclude any works / felling of the trees in question in the future if it should prove to be necessary.

Members considered the report and concluded that the Tree Preservation Order should be confirmed with modifications as follows:

o Delete from Order reference to Area A1 and replace with trees specified individually o T1 – Oak situated in the front garden of Gwytha o T2 – Oak situated in the front garden of Gwytha and groups of trees o G2 – 2 x Ash, Oak, Maple and Hazel situated along the north side of Silchester o G2 – 2 x Ash trees o G3 – 6 x Oak situated on the southern boundary of Lynnmoor o G4 – 10 x Oak

RESOLVED

That Tree Preservation Order P16.3.14 Horsham Road No. 7 be confirmed with the modifications as outlined above.

With the business of the Committee concluded, the Chair declared the meeting closed at 8.05 pm.

N BOXALL Chair

37 Development Control Committee 1 September 2008

Minutes of Development Control Committee 1 September 2008 at 7.30pm Present: Councillor N Boxall (Chair)

Councillors S A Blake, Dr H S Bloom, A C W Crane, J I Denman, C R Eade, L Gilroy, R J Hull, A J E Quirk, L A Seekings and J G Smith

Officers Present:

Paul Fairham Development Control Manager Manson Kendall Principal Property Lawyer Jean McPherson Principal Planning Officer Kay Molloy Democratic Services Officer

Councillors C L Denman and L Taylor

22. Minutes

The minutes of the meeting of the Committee held on 4 August 2008 were approved as a correct record and signed by the Chair.

All Councillors had been lobbied regarding application CR/2008/0296/FUL.

Member Minute Subject Nature of Disclosure Number Councillor Minute 25 CR/2008/0472/ADV1 Personal and Non- C R Eade 7 Langley Parade, Prejudicial Interest in Langley Green, the item as she was a Crawley member of the Co- 38 Development Control Committee 1 September 2008

operative Society.

Councillor Minute 25 CR/2008/0472/ADV1 Personal and Non- R J Hull 7 Langley Parade, Prejudicial Interest in Langley Green, the item as he was a Crawley member of the Co- operative Society.

RESOLVED

CR/207/0405/FUL Redevelopment of former ASB law office buildings at 6-9 Ifield Road to provide 13 new residential units around a landscaped courtyard together with 4 car parking spaces and 14 cycle spaces and conversion of office building at 10 Ifield Road to provide 1 self-contained residential unit at 6-10 Ifield Road, West Green, Crawley.

Councillor S A Blake, Dr H S Bloom, N Boxall, K Brockwell and A J E Quirk had visited the site independently.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials / finishes, land / finished floor levels, programme of demolition works, archaeological investigation, access to public highway, parking, surface water discharge, footway across Ifield Road frontage, temporary parking / loading and unloading, stacking and storage, wheel- cleaning facility, notice(s), hours of work, contamination scheme, noise protection scheme, obscured glazing (north elevation of southern building), window / balcony details, and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 regarding financial contributions towards open space, library, fire service, and a commitment to convert the listed building to residential use.

CR/2007/0490/CAC Conservation Area Consent for the redevelopment of former ASB law office buildings at 6-9 Ifield Road to provide 13 new residential units around a landscaped courtyard together with 4 car parking spaces and 14 cycle spaces and conversion of office building at 10 Ifield Road to provide 1 self-contained residential unit at 6-10 Ifield Road, West Green, Crawley.

Councillors S A Blake, Dr H S Bloom, N Boxall, K Brockwell and A J E Quirk had visited the site independently.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, archaeological investigation, programme of demolition works, redevelopment contract and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 in relation to CR/207/0405/FUL

CR/2007/0491/LBC Listed Building Consent for the redevelopment of former ASB law office buildings at 6-9 Ifield Road to provide 13 new residential units around a landscaped courtyard together with 4 car parking spaces and 14 cycle spaces and conversion of office building at 10 Ifield Road to provide 1 self-contained residential unit at 6-10 Ifield Road, West Green, Crawley.

Councillors S A Blake, Dr H S Bloom, N Boxall, K Brockwell and A J E Quirk had visited the site independently.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, programme of demolition works, protection of the Listed Building, any damage to the fabric of the building, original / approved materials, materials / finishes and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 in relation to CR/207/0405/FUL.

* CR/2008/0296/FUL Retrospective application for alterations to the front elevation and the erection of a two storey rear extension (amended description Certificate B and amended plans received) at 4 Church Road Cottages, Church Road, Pound Hill, Crawley.

Councillors N Boxall, A C W Crane and J G Smith had attended the site visit.

Councillors S A Blake and K Brockwell had visited the site independently.

Councillor A J E Quirk voiced his concern with regard to retrospective planning applications.

At the request of Councillor A J E Quirk and in accordance with Council Procedure Rule 23.5, the names of the Members voting for and against the motion and abstentions were recorded as follows:

For the motion (to permit):

Councillors N Boxall, S A Blake, Dr H S Bloom, K Brockwell, A C W Crane, J I Denman, C R Eade, L Gilroy, R J Hull and L A Seekings

Against the motion (to permit):

Councillor J G Smith

Abstentions:

Councillor A J E Quirk

Approved subject to standard detailed conditions concerning materials / finishes, no windows (north elevation), off street parking spaces and storage of bins.

CR/2008/0445/RG3 Erection of single storey rear extension (disabled adaptation) at 8 Peacemaker Close, Bewbush, Crawley.

Councillor K Brockwell had visited the site independently

CR/2008/0472/ADV Erection of 1 externally illuminated fascia sign and 1 internally illuminated hanging sign at 17 Langley Parade, Langley Green, Crawley.

Councillors S A Blake, Dr H S Bloom, N Boxall and A J E Quirk had visited the site independently.

Consent subject to standard advertisement conditions.

* CR/2008/0478/ARM Approval of reserved matters for outline application CR/2008/0097/OUT for development of land to the west of Bewbush Primary School for a pocket park to include 2 x ball court MUGA, junior play area, toddler play area, extreme sport area, associated footpaths, fencing, floodlighting, footpath lighting and earth mounding on land to western part of Bewbush Primary School, Crawley.

Councillors S A Blake, N Boxall and K Brockwell had visited the site independently.

Approved.

CR/2008/0479/FUL Erection of 8 x 1 bed flats comprising 2 storeys with 8 no parking spaces with driveway access from Nightingale Close at R/O 95-103 Maiden Lane, Langley Green, Crawley.

Councillor K Brockwell had visited the site independently.

That the Head of Planning Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, materials / finishes, obscured glass (south and north facing elevations), landscaping, planting, screen / boundary walls and/or fences, aerial/satellite dish facilities, land / finished floor levels, bin / cycle stores, parking spaces, highway crossing, access, hours of work, temporary parking and loading / unloading, stacking and storage, wheel-cleaning facility and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 regarding financial contributions towards open space and transport.

Should the Section 106 Agreement fail to be completed within the 8 week time period, which expires on 22 September 2008, and unless there are exceptional circumstances for the delay, the Head of Planning Services be authorised to refuse planning permission for the following reason:

1. An agreement is not in place to ensure that the appropriate infrastructure provisions to support the development and the development is therefore contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to policy ICS2 of the Crawley Borough Local Development Framework Core Strategy and Supplementary Planning Guidance Note 16 Parking Standards and Transport Contributions.

N BOXALL Chair

42 Licensing Committee 3 September 2008

Minutes of Licensing Committee Wednesday 3rd September at 7.30 pm

Present: Councillor B M Brockwell (Chair)

Councillor J A Singh (Vice-Chair)

Councillors A G Brown, B J Burgess, ALI Burke, L Gilroy, S Kaur, D P Kavanagh, B MeCrow, B J Quinn, L A Seekings and D J Shreeves

Officers Present:

Tony Baldock Group Manager Food Licensing and Occupational Health Sharon Rana Trainee Solicitor Madeleine Shopland Democratic Services Officer Astrid Williams Lawyer

Councillor B K Blake, R J Hull and C J Redmayne

5. Minutes

The minutes of the meeting of the Committee held on 4th June 2008 were approved as a correct record and signed by the Chair.

There were no disclosures of interest.

7. Approval of the Food Service Plan 2008-2009

The Committee examined report ES/203 of the Head of Environmental Services. Members were reminded that a function of the Food Standards Agency was to monitor Local Authorities’ enforcement of Food Safety. The Group Manager indicated that the Council was involved in food safety in relation to food inspections (Scores on the Doors) and complaints such as food poisoning. As Gatwick Airport was under its remit, it also had responsibilities relating to imported food that passed through the airport. 43 Licensing Committee 3 September 2008

The Group Manager highlighted that there had been 438 programmed visits and 337 food complaints received in the last year. There were 188 notifications of infectious diseases. 335 programmed visits (plus any new properties) are scheduled for 2008- 09.

Local Authorities are required under a framework agreement to produce a Food Service Plan, which is seen and approved by Members. The Plan looks back over the previous year (1st April 2007-31st March 2008) and forward to the coming year (1st April 2008-31st March 2009). In 2007, the Food Standards Agency undertook a major revision to the Code of Practice for Food Hygiene inspections to ensure it meets the requirements of the Compliance Code for Statutory Regulators. The Council’s Food Service Plan details how the Food Safety Service will use the changes to promote hygiene compliance. This will compliment the Scores on the Doors scheme.

The Committee was informed that National Indicator NI184 measured the number of food premises deemed to be broadly compliant with food law. There are currently 817 food premises within Crawley. 490 of these (61%) presently meet the indicator target (premises scoring 30 or less). The Food Standards Agency target is that 65% of premises nationally reach the set target, with 75% of premises nationally, reaching the target by 2012.

The Group Manager emphasised that work was being undertaken to help premises owners and their staff better comply with food law. Training and advice would be encouraged and offered. The need for both enforcement and encouragement to improve compliance was highlighted. It was noted that in 2006 the Council has successfully bid for a grant from the Foods Standards Agency to assist in introducing local food operators to the Safer Food Better Business food safety model. 150 businesses had taken up training in 2007-08. Members were informed that the National Performance Indicator NI182 measures Business satisfaction with local authority regulatory services. Good feedback had been received so far.

The Group Manager briefly outlined the Scores on the Doors initiative. In response to Members’ questions, the Group Manager indicated that the Scores on the Doors initiative was not mandatory. Members were pleased to note that the Council’s Scores on the Doors webpage included the Pubwatch logo and gave the proprietors of the premises reviewed the right to reply.

The Committee asked a number of questions in relation to the Food Service Plan 2008-2009. The Group Manager confirmed that both landside and airside food venues at Gatwick Airport were inspected. Members were glad to learn that the Council and Gatwick Health Control had carried out samples of water on aircrafts. Members enquired whether food premises were closed down if cases of food poisoning were thought to relate to their products. They were informed that they could be, but only if it was thought that there was a significant risk to the public. It was necessary to prove that there was a definite connection between the premises and the food poisoning, which was often difficult. Many food complaints related to products rather the standard of hygiene. It was asked what was meant by ‘Miscellaneous’ under the list of notifiable diseases for April 2006-April 2008. The Group Manager stated that unidentified viral diseases were considered miscellaneous and that airlines are required to inform the local authority if a passenger has an infectious disease. Members were also notified that the Council was working with local GPs to identify premises where a number of people were working who were suffering from work related illnesses. The Committee enquired whether the Food, Infectious Disease & Occupational Health team were all paid by the Council. The Group Manager confirmed that they were but that a revenue grant was also received and that part of the work relating to imported foodstuffs was financed by those who were importing the products through Gatwick.

44 Licensing Committee 3 September 2008

RESOLVED

That the Food Service Plan 2008-2009 be approved.

8. Approval of the Health and Safety Service Plan 2008-2009

The Committee considered report ES/202 of the Head of Environmental Services. The Health and Safety Commission requires all Local Authorities to create a service plan to set out how their statutory obligations regarding health and safety will be discharged. The Plan looks back over the previous year (1st April 2007-31st March 2008) and forward to the coming year (1st April 2008-31st March 2009).

The Council has Health and Safety responsibilities relating to health and safety inspections, accidents. As a Port Authority it also has responsibilities relating to sick airline passengers.

The Group Manager emphasised that there had been 225 accidents in the last year and 199 programmed Health and Safety visits. 185 visits were programmed for 2008- 09.

The Group Manager stated that Crawley Borough Council had received a rating of 2 stars (out of 4) for its Health and Safety Service Plan. Areas where improvements were required were being addressed.

Members were informed that the Council had successfully undertaken work with the Health and Safety Executive into targeting hot spot areas for slips, trips and falls at Gatwick Airport.

The Committee thanked the Group Manager for his interesting presentation and commented that the team were doing a good job.

RESOLVED

That the Health and Safety Service Plan 2008-2009 be approved.

With the business of the Committee concluded, the Chair declared the meeting closed at 8.20 p.m.

B M BROCKWELL Chair

45 Overview and Scrutiny Commission 8 September 2008 Crawley Borough Council

Minutes of the Overview and Scrutiny Commission Monday 8 September 2008 at 7.30pm

Present: Councillor G K Seekings (Chair) Councillors Dr H S Bloom, A G Brown, L A M Burke, L R Gilroy, J A Singh, B A Smith and L K Taylor

Also in Attendance: Councillors R D Burrett, A C W Crane, R A Lanzer, B MeCrow and A J E Quirk.

Apologies for Absence: Councillors R G Burgess and C A Cheshire.

Officers Present: Carol Bargery Human Resources Operations Manager Ted Beresford – Knox Head of Planning Services Paul Buxton Corporate Policy Officer Steve Lappage Scrutiny Manager Nigel Sheehan Acting Head of Community Services Chris Pedlow Democratic Services Officer - Scrutiny

38. Minutes and Matters Arising

The minutes of the meeting of the Commission held on Monday 7 July 2008 were approved as a correct record and signed by the Chair.

39. Members’ Disclosure of Interests and Whipping Declarations

Member Minute Subject Nature of Disclosure Number B MeCrow Minute 45 Best Value Review Personal and Non of Services for the Prejudicial Interest. Elderly (3rd Annual Councillor MeCrow Update) was a Trustee of Crawley Community Transport

46 Overview and Scrutiny Commission 8 September 2008 A J E Quirk Minute 44 Crawley Borough Personal and Non Council’s Prejudicial Interest Submission to Both Councillor North East Review Quirk’s wife and son of Health: were employed by the Secondary NHS Services (Acute)

No whipping declarations were made. The Commission asked that the whipping statement that previously had been on the Overview and Scrutiny Agendas be reinstated.

40. Public Question Time

No questions from the public were asked.

41. Forward Plan – 1 October 2008 to 31 January 2009

The Commission considered the latest version of the Forward Plan. The Commission enquired why the Environmental Improvement Scheme items had been placed at relatively short notice on the Forward Plan. They also asked that further information also be sent to the Commission Members on each of the Environmental Improvement Schemes, so a decision could be made whether a referral was necessary.

RESOLVED

That the Commission be sent further information on the following Environmental Improvement Schemes: Dickens Road, Tilgate; Broomdashers Road, Three Bridges; Southgate Drive and Fletcher Close, Southgate; and Kirdford Close, Ifield.

42. Free Swimming: Response to the Department of Culture, Media and Sport

The Commission considered report CTY/85 of the Director of Community Services. The Commission were informed that the report contained the Council’s response to the Department of Culture, Media and Sport (DCMS) proposal to provide funding to support free swimming programmes, initially for the over 60’s and subsequently for under 16’s. It was noted that DCMS required a response to their proposals by 15 September. The Commission question why this item had not been placed on the Forward Plan as the Council had known about the need for a response to the DCMS proposals since 31 July 2008.

The Acting Head of Community Services briefed the Commission Members on the DCMS proposals for free swimming. He then detailed the Council’s proposed response and the justification for this. Members were informed that the provision of free swimming for over 60’s and for under 16’s was a departure from the leisure management specification and the loss of income would need to be negotiated and met by the Council. Initial indications suggested that the proposed grant from DCMS for the over 60’s initiative would not meet the loss of income, and the Council would need to provide an additional revenue subsidy of at least £10,000 per annum. The grant to support the under 16’s initiative was not known at this stage and any potential additional subsidy therefore could not be established. The funding commitment from DCMS was currently for two years. If DCMS funding ceased after that period, the 47 Overview and Scrutiny Commission 8 September 2008 Council would either need to cease the initiative or potentially meet the full revenue cost of the scheme. It was noted also that the other six West Sussex Borough/ Districts Councils all support the proposed response to DCMS.

The Commission commented that they supported the principle of free swimming, for the over 60’s and the under 16’s. However Commission Members felt that the DCMS had provided insufficient information on the funding arrangements. The Commissioned discussed a number of issues including

 Why the DCMS had only allowed for a short time period in which all Councils had to comment on the free swimming proposals.  Why Councils had to sign up to both free swimming to over 60’s and under 16’s and that they could not choose to only provide one or the other.  The shortfall of at least £10,000 to Crawley, to run free swimming for over 60’s above the proposed DCMS grant of £25,317 and the lack of clarity over funding for this service after 2011/12  The lack of detail for the funding for under 16’s free swimming.  The potential use by non residents of Crawley of the free swimming services at K2 due to its wide catchment area, and this being funded by local Council Tax payers.  The increasing number of Crawley residents over 60 and that this was the highest in the South East.  Uncertainty over the likely impact on future usage levels at K2  The risk of subsidising existing swimmers rather than increasing use among key target groups.

The Commission acknowledged and were supportive of the potential health and other benefits of the proposed free swimming initiative. It was felt that these benefits should be taken into account when considering whether the Council should be funding the shortfall of £10,000.

RESOLVED

1. That the Commission endorses the proposed response to the Department of Culture, Media and Sport’s (DCMS) proposed free swimming to the Cabinet, and;

2. That the Cabinet be provided with a summary of the Commission’s discussions in the Overview and Scrutiny Commission’s Comments Sheet to the Cabinet.

3. That the Commission’s concerns that this item had not been included on the Forward Plan, although details of the initiative had been received in time, be expressed to the Cabinet.

43. Crawley Borough Council’s Local Development Framework – Local Development Scheme

The Commission considered report PS/0348 of the Head of Planning Services. It was noted that Councillor Claire Denman the Portfolio Holder for Planning and Economic Development asked that her apologies be sent to the Commission for this item, as she had intended to present the report to the Commission but was unable to attend the meeting as she was conducting a Peer Review. The Commission was informed that the Planning and Compulsory Purchase Act 2004 and associated Regulations required Local Planning Authorities to publish and review a Local Development 48 Overview and Scrutiny Commission 8 September 2008 Scheme (LDS) on an annual basis. The Local Development Scheme sets out the Council’s programme for preparing, over a three year period, the Local Development Documents (LDD’s) to form the Local Development Framework, including Supplementary Planning Documents (SPD’s). The Local Development Scheme should provide the Council, stakeholders and the public with a clear understanding of the timing and type of Local Development Documents to be produced over the Local Development Scheme period (2008-2012).

The Head of Planning Services explained the revised Local Development Scheme had been drafted with the objective of bringing forward a realistic programme for Local Development Document production over the next three years reflecting the priority of the Core Strategy Review and balancing staffing and financial implications. The report sought approval to submit the Local Development Scheme to the Secretary of State and for its subsequent adoption, subject to there being no significant changes.

The Commission commented that they were pleased with the LDS proposals. They emphasised the need for the Planning Division to be staffed appropriately to enable it to fulfil all the commitments stated within the Local Development Scheme. They hoped that all obligations would be fulfilled as planned and there would be no delays, for example as previously occurred with the neighbourhood parades environmental improvements programme.

The Commission felt, as a result of the information contained within the report, that all Members needed to be updated on the current status of the future development of Gatwick Airport and agreed that the Cabinet be asked to support this request.

RESOLVED

1. That the Commission endorsed the proposed Crawley Borough Council’s Local Development Framework’s Local Development Scheme 2008, to the Cabinet.

2. That the Cabinet be requested to support the Commission’s request for that all Members be updated on the current status of the future development of Gatwick Airport.

44. Crawley Borough Council’s Submission to North East Review of Health: Secondary Services (Acute)

The Commission considered report CPU/41 of the Corporate Policy and Performance Manager which informed Members that, following the Fit for the Future Review of Health Services in the West Sussex Primary Care Trust (PCT) area, the PCT had set up a further review to examine health services in the North East of the County. It was noted that a submission had already been made with regard to primary and community services.

The Corporate Policy Officer presented to the Commission the Council’s proposed Submission to the Review with regard to secondary (Acute) services .The Submission set out in Appendix A to the report, called upon the Strategic Health Authority to:- (i) work constructively with the Campaign for Pease Pottage Hospital to further develop their proposal in partnership with local Councils, giving the necessary undertakings for the project to proceed; (ii) consider the wider opportunities for alternative uses of existing hospital facilities in the area of Surrey and Sussex rather than simply rule out the provision of a new hospital on the grounds that it would have an impact on hospitals outside of the West Sussex Primary Care Trust (PCT) area; (iii) modify the

49 Overview and Scrutiny Commission 8 September 2008 outcomes of the Fit for the Future exercise to reflect changes to acute services in the North East of the County; and (iv) as an interim measure, reinstate the Link Bus Service from Crawley to East Surrey Hospital.

The Commission unanimously endorsed the principles of Crawley Borough Council’s Submission to the North East Review of Health: Secondary Services (Acute). The majority of the Members of the Commission voted in favour of supporting, in principle, proposals for a new major general hospital at Pease Pottage or land west of Crawley which they emphasised should be free at the point of delivery and primarily for NHS patients. A further view was expressed by a Commission Member that this should be a NHS run/ financed hospital and not a privately run/ financed hospital.

The Commission commented that there was a need to publicise further the Council’s Submission to the North East Review of Health.

RESOLVED

That the Commission endorsed the report to the Cabinet and that a summary of its discussions also be conveyed.

45. Best Value Review of Services for the Elderly (3rd Annual Update)

The Commission considered report CPU/44 of the Partnership Development Manager. The Commission welcomed the update report of the Best Value Review of Services for the Elderly. It was noted that the Commission were pleased how many of the recommendations / specific actions had been completed.

It was noted that there was a clerical error within the report with regards to recommendation 10. The Status for this should read underway rather than not started.

The Commission requested that the directory of services for Older People be more widely distributed and promoted among all elements of the community. The Commission particularly had in mind some of the BME communities, as it was recognised that different communities adopted various approaches to promoting services/facilities within their community including translation at places of worship.

The Commission raised concerns over the possible overlap of the Crawley Older People’s partnership with a new West Sussex County Council initiative and noted that the Portfolio Holder had already requested officers to investigate this.

It was requested that a further update report on the Best Value Review of Services for the Elderly be put before the Commission in a year’s time. The Commission felt that this was important to monitor the position and ensure that the good work continued on services for the Elderly.

RESOLVED

1. That the Commission welcomed and noted the update report.

2. That a further update report on the Best Value Review on Services for Elderly be presented to the Commission in a year’s time.

50 Overview and Scrutiny Commission 8 September 2008

46. Portfolio Discussion with the Cabinet Member for Community Engagement

The Commission noted the brief report prepared by Councillor Alan Quirk on his portfolio and questioned him on the report and on a variety of other issues relating to his portfolio.

The following topics were discussed:

i) Community/ Neighbourhood Engagement Forums ii) Community Safety and its funding iii) The Members’ Engagement Event being held in Queen’s Square iv) Councillor Call for Action v) Crawley Together Pathfinder Programme

The Commission requested that once further information / guidance had been produced on the Councillor Call for Action, that Members should received a training session / briefing session, on its implementation and potential impact.

The Overview and Scrutiny Commission thanked Councillor Quirk for attending and for the informative discussion that had ensued.

47. Review of Recruitment Advertising Expenditure (Update Report)

The Commission considered report HRD/0069 of the Head of Human Resources and Development which provided an update on the implementation of the recommendations agreed following a review of Recruitment Advertising Expenditure that was presented to them on 19th November 2007.

The Human Resources Operations Manager presented the update to the Commission. It was noted that all eight of the recommendations that were identified within the original report had now been incorporated into the Council’s recruitment practices.

The Commission were informed that now all external vacancies were placed on non- fee paying media, i.e. the Council’s website and recruitment job websites. However due to that nature of some technical / professional positions, it was still necessary to advertise to a limited chargeable media, 24 posts, which included a Head of Service position.

The implementation of the new corporate logo provided an opportunity to revise the advertising house-style. The Commission were informed that the new corporate house-style had proved to be more efficient in terms of space and in cost. It had also facilitated incorporation of the Council’s accreditations including Investor’s in People. As a result it was estimated that the new style has provide a 32% reduction in the cost of media expenditure.

The Human Resources Operations Manger also highlighted to the Commission that the use of secondments had increased with 19 officers currently seconded to various roles across the Council. It was also noted that now over 70 percent of the applications that the Council receives were electronic, which had saved a significant amount through the reduction in administrative, printing and postage costs.

51 Overview and Scrutiny Commission 8 September 2008 The Commission then examined the details of vacancies and advertising costs for the Council from 2001/2 to 2007/8 and also for the period December 2007 to June 2008 when the new procedures were implemented, as shown in paragraph 2.2. The Commission were pleased with the reduction in the average cost per vacancy, since the review of advertising expenses took place in December 2007. Members felt that the cost of appointing the new Chief Executive should have been included within the current year’s figures, as it had been in 2001/02, when the previous Chief Executive was appointed.

The Commission commented that they were pleased with how the Human Resources Division had reviewed the Council’s recruitment advertising expenditure and had subsequently developed and implemented the recommendations. As demonstrated in the report, it had resulted in a significant reduction in the amount of money being spent on recruitment.

It was noted that the HR Division would continue to monitor the cost and effectiveness of the Council’s recruitment advertising and would report back to Members if it became less effective and the expenditure increased significantly.

Councillor Burrett, the Portfolio for Continuous Improvement and Development, and the Overview and Scrutiny Commission asked that their thanks to Councillor Carol Eade and Councillor Lenny Walker for highlighting the issue of advertising expenditure to the Commission be noted.

RESOLVED

That the Commission welcomed the report, noted the improvements and requested they be updated if progress was not maintained.

48. West Sussex Health Overview and Scrutiny Committee

Councillor Dr. Bloom provided a brief update to the Commission on the discussions at the West Sussex Health Overview and Scrutiny Committee (WSHOSC) meeting held on Monday 9 September 2008. The Commission were informed that at the WSHOSC, there had been three items discussed that related directly to Crawley and its residents. The first was an update on the Hospital Shuttle bus and how Metro bus had increased its services to the East Surrey Hospital. The second item was a changed to the paediatric arrangements at Crawley Hospital and the third was an update on implementation of the pilot polyclinic within Crawley that should be commencing from April 2009.

The Commission were pleased that the new Chairman of the WSHOSC, County Councillor Barrett-Miles, had instigated proposals to change the Membership to allow each District/ Borough Council to have a full representative on the Committee. It was recommended that a letter of thanks be sent to County Councillor Barrett-Miles regarding this matter.

RESOLVED

1. The Commission noted and thanked Councillor Dr. Bloom’s for his detailed update.

2. That a letter be sent on behalf of the Overview and Scrutiny Commission to thank County Councillor Barrett-Miles the Chair of West Sussex Health 52 Overview and Scrutiny Commission 8 September 2008 Overview and Scrutiny Commission, regarding the change of membership to allow full representation for each District/ Borough within West Sussex.

49. Scrutiny Panels

Below is a brief update on the Commission’s Panels:

Access to Parks Scrutiny Panel

It was noted that the Access to Parks Scrutiny Panel would be starting in January 2009 and that Councillor C J Redmayne had been added as a Panel Member.

Adaptations Systems Thinking / Scrutiny Review

The Commission noted that the Commission would be receiving a report on Systems Thinking at the 6th October 2008 meeting.

Electoral Processes 2008 Scrutiny Panel

Councillor L A M Burke confirmed to the Commission that the first meeting the Electoral Process 2008 Scrutiny Panel would be held on Thursday 25 September 2008.

Trees Scrutiny Panel

Councillor G K Seekings confirmed to the Commission that the first meeting of the Trees Scrutiny Panel would take place on Tuesday 30 September 2008.

Fees and Charges Scrutiny Panel

It was noted that the Fees and Charges Scrutiny Panel would be starting in October 2008.

Performance Monitoring Scrutiny Panel

With Councillor C A Cheshire, the Chair of the Performance Monitoring Scrutiny Panel and Councillor R G Burgess, the other Commission Member on the Scrutiny Panel both being absent the Commission were unable to receive an update from the Performance Monitoring Scrutiny Panel held on the Thursday 4 September 2008. Members asked that the update be provided at the 6 October 2008 Commission instead.

50. Provisional List of Reports for the Commission’s Following Meetings

The provisional lists of reports for future Commission’s meetings were noted.

The meeting ended at 10.04 pm.

G K SEEKINGS Chair

53 Cabinet 10 September 2008

Minutes of Cabinet 10 September 2008 at 7 30pm

Present:

Councillor R A Lanzer (Chair of Cabinet and Leader of the Council)

Councillor D G Crow (Vice-Chair of Cabinet and Deputy Leader of the Council)

Councillors R D Burrett (Cabinet Member for Continuous Improvement and Development)

A J Quirk (Cabinet Member for Community Engagement)

J L Millar-Smith (Cabinet Member for Housing)

C L Denman (Cabinet Member for Planning and Economic Development)

B K Blake (Cabinet Member for Environmental Services)

B MeCrow (Cabinet Member for Leisure and Cultural Services)

Councillor C L Denman arrived at the meeting during the consideration of the matter referred to in minute 44 entitled Quarterly Budget Monitoring – Quarter 1 (2008/09).

Also in Attendance:

Councillors S A Blake, A C W Crane; and G K Seekings.

Officers Present:

Peter Browning Director of Environment and Housing Kevin Carr Principal Lawyer David Covill Director of Resources Glyn Hydes Democratic Services Officer Nigel Sheehan Community Services Manager John Thraves Acting Chief Executive/Project Regeneration Coordinator

40. Minutes

The minutes of the meeting of the Cabinet held on 9 July were approved as a correct record and signed by the Chair. 54 Cabinet 10 September 2008

41. Public Question Time Public question time took place and Mr A Khan asked a question with regard to the Council’s policy on the provision/replacement of trees, and said that it was his personal view that more trees should be planted in the Borough. The Portfolio Holder for Environmental Services said that the Council’s policy was to only remove trees that were dead, dying or dangerous, but that he supported the principle of planting more trees in the Borough.

Member Minute Subject Nature of Disclosure Number Councillor Minute 48 K2 Leisure Personal Non R D Burrett Management Prejudicial – Contract Governor of Thomas Bennett Community College

Councillor Minute 43 Crawley Borough Personal Non J L Millar-Smith Council’s Prejudicial – Spouse Submission to is Leader of WSCC North East Review of Health Secondary Services (Acute)

Councillor Minute 43 Crawley Borough Personal Non A J Quirk Council’s Prejudicial – Spouse Submission to and Son both work for North East Review the National Health of Health Service (NHS) Secondary Services (Acute)

43. Crawley Borough Council’s Submission to North East Review of Health: Secondary Services (Acute) (Community Engagement Portfolio)

The Cabinet considered report CPU/41 of the Corporate Policy and Performance Manager, which informed Members that following the Fit for the Future Review of Health Services in the West Sussex Primary Care Trust (PCT) area, the PCT had set up a further Review to examine health services in the North East of the County. A Submission had already been made with regard to primary and community services. The report now before the Cabinet, sought Members’ agreement to the Council’s Submission to the Review with regard to secondary (Acute) services.

The Submission set out in Appendix A to the report, called upon the Strategic Health Authority to:- (i) work constructively with the Campaign for Pease Pottage Hospital to further develop their proposal in partnership with local Councils, giving the necessary undertakings for the project to proceed, (ii) consider the wider opportunities for

55 Cabinet 10 September 2008 alternative uses of existing hospital facilities in the area of Surrey and Sussex rather than simply rule out the provision of a new hospital on the grounds that it would have an impact on hospitals outside of the West Sussex Primary Care Trust (PCT) area, (iii) modify the outcomes of the Fit for the Future exercise to reflect changes to acute services in the North East of the County; and (iv) as an interim measure, reinstate the Link Bus Service from Crawley to East Surrey Hospital.

The Cabinet also considered a supplementary paper that was circulated at the meeting. The supplementary paper informed Members of further information that had become available since the report had been drafted, and summarised the issues raised at the meeting of the Overview and Scrutiny Commission held on 8 September, and which might inform the Council’s Submission. The Cabinet considered the report before them to be both informative and very well written, and requested that Mr P Buxton (Corporate Policy Officer) be congratulated on the report.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 8 September. The Commission had unanimously endorsed the Council’s proposed Submission to the North East Review of Health: Secondary Services (Acute). The majority of Members on the Commission had supported in principle, the proposals for a new major general hospital at Pease Pottage or on land west of Crawley, and emphasised that the health care should be free at the point of delivery and primarily for NHS patients. The Cabinet noted that the proposal was for a Major General Hospital, predominantly catering for NHS patients, and free at the point of delivery.

At this stage, Councillor Crane made reference to the possibility of a ‘call in’ on this matter.

RESOLVED

That the detailed submission attached as Appendix A to the report, together with a summary of the issues raised in the supplementary paper circulated at the meeting, be endorsed as the Council’s official response to the North East Review of Health – Secondary Services (Acute).

Reason for Decision

To endorse the Council’s submission to the North East Review of Health Services: Secondary Services (Acute).

44. Quarterly Budget Monitoring - Quarter 1 (Chair Portfolio)

The Cabinet considered report FIN/156 of the Head of Finance, that indicated the financial position at Quarter 1 for the Council’s Directorates and estimated the full year effects in 2008/9 of the current levels of expenditure and income. The latest overall position on the General Fund showed a projected underspend of £1.016million for the full year. A summary illustrating the major variances was attached as Appendix 1 to the report. The report contained proposals to redirect through virement £0.351 million of the projected underspending to one-off items of expenditure in 2008/9. With regard to the Housing Revenue Account (HRA) it was noted that there was a projected underspend of £1.775 milllion, of that £1.7 million was in respect of major repairs.

56 Cabinet 10 September 2008 In terms of capital spending £1.322 million had been spent up to the first quarter. It was projected that there would be capital expenditure of £18.036 million in 2008/9 and therefore slippage of £15,723 million into 2009/10 and future years. That represented a slippage of 46.6% of the latest approved budget. A summary illustrating the major variances was attached as Appendix 2 to the report.

The Cabinet was reminded that at its meeting held on 19 December 2007 they had supported twenty Recommendations from the Final Report of the Neighbourhood Centres Scrutiny Panel (minute 79 refers). Those Recommendations had included officers investigating how the existing programme of environmental improvements, including broadening their scope to look at the wider strategic development opportunities and an enhanced maintenance programme, could be accelerated. To accelerate the programme to completion in 2011/12 there was a need to provide additional resources, which could be achieved by appointing a Surveyor in the Property Services and Procurement Division, dedicated to that regeneration work for a fixed term contract of three years. It was also anticipated that that officer would also assist with the Residential Environmental Improvement Programme which had also been constrained by limited resources. Based on the above principles it was considered appropriate to use the Local Authority Business Growth Incentive Scheme (LABGI) funding for that post, at a total cost over three years of approximately £155,000.

RESOLVED

1. That the projected outturn for 2008/9 be noted

2. That the items of one-off expenditure as proposed in paragraph 5.3 of the report to be funded by virement from investment income be approved

3. That a Supplementary Capital Estimate of £39,000 for Red Top bins as proposed in paragraph 5.4 of the report, to be funded from the Renewals Fund be approved; and

4. That a three year revenue budget of £155,000 to be funded from the Local Authority Business Growth Incentive Scheme (LABGI) to accelerate Neighbourhood and Environmental Improvement Programmes as set out in paragraph 9.3 of the report be approved.

Reason for Decisions

To inform Members of the projected outturn for the year compared to the approved Budget, and to seek approval for the virements set out in paragraph 5.3 of the report.

45. Crawley Borough Council’s Local Development Framework – Local Development Scheme 2008 (Planning and Economic Development Portfolio)

The Cabinet considered report PS/0348 of the Head of Planning Services, which informed Members that the Planning and Compulsory Purchase Act 2004 and associated Regulations required Local Planning Authorities to publish and review a Local Development Scheme (LDS) on an annual basis. The Local Development Scheme sets out the Council’s programme for preparing, over a three year period, the Local Development Documents (LDD’s) to form the Local Development Framework, including Supplementary Planning Documents (SPD’s). The Local Development Scheme should provide the Council, stakeholders and the public with a clear 57 Cabinet 10 September 2008 understanding of the timing and type of Local Development Documents to be produced over the Local Development Scheme period (2008-2012).

The report highlighted the key documents within the Local Development Scheme and sets out the new programme. The revised Local Development Scheme had been drafted with the objective of bringing forward a realistic programme for Local Development Document production over the next three years reflecting the priority of the Core Strategy Review and balancing staffing and financial implications. The report sought approval to submit the Local Development Scheme to the Secretary of State and for its subsequent adoption, subject to there being no significant changes.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 8 September. The Commission had confirmed that they were pleased with the Council’s proposed Local Development Framework’s Local Development Scheme 2008 and endorsed the principles therein to the Cabinet. The Commission had emphasised the need for the Planning Division to be staffed appropriately to enable it to fulfil all the commitments stated within the Local Development Scheme. They hoped that all the obligations would be fulfilled as planned, and there would be no delays, for example as previously occurred with the neighbourhood parades environmental improvements programme. The Commission requested the Cabinet to support its request that all Members be updated on the current status of the future development of Gatwick Airport.

RESOLVED

1. That the Local Development Framework Local Development Scheme 2008 be submitted to the Secretary of State,

2. That following submission to the Secretary of State of the Submitted Local Development Scheme and subject to there being no intervention from the Secretary of State and on the expiry of the statutory four week period, the Council adopt the Local Development Scheme from that date, subject to there being no significant changes; and following consultation with the Portfolio Holder for Planning and Economic Development; and

3. That all Members be updated on the current status of the future development of Gatwick Airport.

It was essential that the Council had an up to date Local Development Scheme to accord with Government guidance, provide a realistic programme for Local Development Document production over the Local Development Scheme period, and to formally prioritise the Core Strategy Review. The Local Development Scheme also provided the Council, stakeholders and the public with a clear understanding of the timing and type of Local Development Documents to be produced over the Local Development Scheme period (2008-2012).

46. Supplemental Item - Free Swimming: Response to Department of Culture, Media and Sport (Leisure and Cultural Services Portfolio)

The Chair agreed that this item be considered as a supplemental agenda item, as it had not been available when the agenda had been published.

58 Cabinet 10 September 2008 The Cabinet considered report CTY/85 of the Director of Community Services, that had been circulated separately to the agenda. The decision on this matter could not be deferred until the next meeting of the Cabinet to be held on 8 October, because the Department of Culture, Media and Sport (DCMS) required a response to their proposals by 15 September. Due to the matter being a key decision and not having been included in the Forward Plan, a Rule 15 (General Exception) of the Access to Information Procedure Rules had been made. The Vice Chair of the Commission informed the Cabinet that the Commission had expressed strong displeasure that this item had not been included on the Forward Plan, as the letter from the Department of Culture, Media and Sport (DCMS) had been received in time for it to have been included. The Vice Chair of the Commission emphasised that the Forward Plan was a public document, and that therefore it was important that it was as accurate and transparent as possible. He suggested that the Officers involved in the process should review their internal procedures, to ensure that the situation that had occurred was not repeated.

The report informed Members about proposals from the Department of Culture, Media and Sport (DCMS) to provide funding in support of free swimming programmes, initially for the over 60’s and subsequently for under 16’s.

Further to consultation with other West Sussex neighbouring authorities and with Greenwich Leisure Limited (GLL) and Freedom Leisure (the Council’s preferred bidder for the new Leisure Management Contract) it was apparent that the funding commitment from DCMS was unlikely to match the actual cost of implementing the scheme. Those concerns had also been supported by the other West Sussex local authorities, and it was recommended that the Council should support a joint response from the other West Sussex local authorities, that indicated a cautious welcome for the free swimming proposals, however any commitment to the programme would be dependant upon clarification of funding concerns, as detailed in section 4.1 of the report.

Members were informed that the provision of free swimming for over 60’s and for under 16’s was a departure from the leisure management specification and the loss of income would need to be negotiated and met by the Council. Initial indications suggested that the proposed grant from DCMS for the over 60’s initiative would not meet the loss of income, and the Council would need to provide an additional revenue subsidy of at least £10,000 per annum. The grant to support the under 16’s initiative was not known at this stage and any potential additional subsidy therefore could not be established. The funding commitment from DCMS was currently for two years. If DCMS funding ceased after that period, the Council would either need to cease the initiative or potentially meet the full revenue cost of the scheme.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 8 September. The Commission had endorsed the report and were supportive of the potential health and other benefits of the proposed free swimming initiative. It was considered that those benefits should be taken into account when considering whether the Council should be funding the shortfall of £10,000.

RESOLVED

1. That the ‘grant aid offer’ from the Department of Culture, Media and Sport (DCMS) in support of the free swimming initiative be noted; and

2. That in line with the other West Sussex Local Authorities, a response be sent to the Department of Culture, Media and Sport (DCMS) that cautiously welcomed the free

59 Cabinet 10 September 2008 swimming proposals, but which reserved the Council’s position with regard to any commitment, pending further clarification on the funding arrangements.

The Recommendations proposed, would enable a fuller understanding of the implications of the free swimming initiative to be gained.

47. Exclusion of the Public

RESOLVED

That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the item.

48. K2 Leisure Management Contract - Urgent Action under Cabinet Procedure Rule 1.4 (Leisure and Cultural Services Portfolio) (Exempt – paragraph 3 – financial and business affairs)

The Cabinet considered report CTY/84 of the Director of Community Services. The report informed Members of the action taken by the Chief Executive, after consultation with the appropriate Head of Service and with the agreement in writing of the Leader of the Council, under Cabinet Procedure Rule 1.4 of the Constitution to agree the revised profiling of contract payments, payable to the Council under the new K2 Leisure Management Contract.

RESOLVED

That the action taken by the Chief Executive, after consultation with the appropriate Head of Service and with the agreement in writing of the Leader of the Council, under Cabinet Procedure Rule 1.4 of the Constitution be noted.

Reason for Decision

To inform the Cabinet of the action taken in accordance with Cabinet Procedure Rule 1.4 of the Constitution.

With the business of the Cabinet concluded, the Chair declared the meeting closed at 8 32pm.

R A LANZER Chair

Minutes of Development Control Committee 22 September 2008 at 7.30pm Present: Councillor N Boxall (Chair)

Councillors A C W Crane, C L Denman, J I Denman, C R Eade, L Gilroy, A J E Quirk, L A Seekings, J G Smith and L Taylor

Also in Attendance:

Councillors R A Lanzer and B MeCrow

Officers Present:

Kevin Carr Principal Lawyer Paul Fairham Development Control Manager Mez Matthews Democratic Services Officer

Councillors S A Blake, Dr H S Bloom and R J Hull

27. Minutes

The minutes of the meeting of the Committee held on 1 September 2008 were approved as a correct record and signed by the Chair.

The following lobbying declarations were made by Members

Councillors N Boxall and J I Denman had been lobbied regarding application CR/2008/0262/FUL.

Councillor N Boxall had been lobbied regarding application CR/2008/0466/ARM.

Councillors C L Denman and J I Denman had been lobbied regarding application CR/2008/0500/FUL.

Member Minute Subject Nature of Disclosure Number Councillor Minute 30 CR/2007/0751/FUL Personal and Non- A C W Crane Land east of Crawley Prejudicial Interest in College, Northgate the item as he was Avenue, Northgate, acquainted with the Crawley applicant.

Councillor Minute 30 CR/2008/0435/COU Personal and Non- A C W Crane 25 Bligh Close, Prejudicial Interest in Tilgate, Crawley the item as the applicant was a fellow member of the Labour Party and had previously been a Borough Councillor.

Councillor Minute 30 CR/2008/0262/FUL Personal and Prejudicial C L Denman Spring Plat Court, Interest in the item as Spring Plat, Pound she had discussed the Hill, Crawley application in detail with local residents as Ward Councillor. Although Councillor C L Denman made representations as Ward Councillor, she withdrew from the meeting whilst the item was being discussed and took no part in the discussion.

Councillor Minute 30 CR/2007/0751/FUL Personal and Non- J G Smith Land east of Crawley Prejudicial Interest in College, Northgate the item as he was Avenue, Northgate, acquainted with the Crawley applicant.

Councillor Minute 30 CR/2008/0435/COU Personal and Non- J G Smith 25 Bligh Close, Prejudicial Interest in Tilgate, Crawley the item as the applicant was a fellow member of the Labour Party and had previously been a Borough Councillor.

RESOLVED

* CR/2007/0751/FUL Installation of crossover and area of hardstand on land east of Crawley College, Northgate, Avenue, Northgate, Crawley.

Councillors N Boxall, K Brockwell, C R Eade, L A Seekings, J G Smith and L Taylor had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, finish of hardstand area, access(es) and crossover and use limitation.

Councillor C L Denman addressed the Committee as Ward Member and then left the room. Councillor C L Denman took no part in the discussion or voting on the application.

Councillor R A Lanzer made comment on the application as Ward Member for Pound Hill South and Worth.

Councillors N Boxall, K Brockwell, C R Eade and L Taylor had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, parking spaces / turning facilities, materials / finishes, landscaping, planting, existing site access, secure cycle parking and hours of construction.

* CR/2008/0319/FUL Erection of two storey side extension and porch (amended description) at 31 Durham Close, Tilgate, Crawley.

Councillors N Boxall, K Brockwell, C R Eade and A J E Quirk had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, materials / finishes and no windows (side/south elevation).

* CR/2008/0427/COU Change of use to an indoor karting centre and erection of a two storey lean-to extension for associated hospitality facilities at Canada House, Crawley Goods Yard, Gatwick Road, Northgate, Crawley.

Councillors N Boxall, K Brockwell, L A Seekings and J G Smith had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, materials / finishes, doors (north east elevation), car parking spaces / turning facilities / bicycle and motorcycle parking, Travel Plan and Parking Management Strategy.

It was agreed that the condition 3 be amended to read as follows:

3. The use hereby approved shall not be operated unless the doors on the north west facing elevation are closed.

CR/2008/0435/COU Change of use from right of way (amenity land) to private drive (parking) and construction of dwarf wall and railing at 25 Bligh Close, Tilgate, Crawley.

Councillor N Boxall had attended the site visit.

Councillors K Brockwell, C R Eade, L Gilroy and L Taylor had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, wall and railing and tarmac hardstanding.

* CR/2008/0466/ARM Approval of reserved matter for outline application CR/2006/0339/OUT for erection of doctors surgery with attached pharmacy at the former Ifield Community College, Lady Margaret Road, Ifield, Crawley.

Councillors N Boxall, K Brockwell, C R Eade and L Taylor had visited the site independently.

Deferred.

* CR/2008/0497/COU Change of use from car sales (sui generic) to car valeting of car sales (sui generic or B1) at FDC Car Sales, Gales Place, Three Bridges, Crawley.

Councillors N Boxall, K Brockwell, C R Eade, L Gilroy and J G Smith had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, hours of machinery use, public address / sound amplification system and external lighting / floodlighting.

* CR/2008/0500/FUL Erection of 20m telecommunication column, 1 ground based equipment cabinet and ancillary development thereto on highways land at A23 Crawley Avenue, Crawley.

Councillors N Boxall, K Brockwell and L A Seekings had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit and colour.

CR/2008/0511/COU Change of use of amenity land to private use at 96 Drake Road, Tilgate, Crawley.

Councillor N Boxall had attended the site visit.

Councillors C R Eade, A J E Quirk and L Taylor had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit and fence / wall / hardstanding.

N BOXALL Chair

65 Audit and Governance Committee 23 September 2008

Minutes of Audit and Governance Committee 23rd September 2008 at 7.30 pm

Present: Councillor L A Walker (Chair)

Councillors R D Burrett and C R Eade

Also in Attendance:

Councillor R A Lanzer (arrived 8.20 pm) and Simon Mathers (Audit Commission)

Officers Present:

John Burke Head of Finance Gillian Edwards Audit and Risk Manager Karen Hayes Deputy Head of Finance Kevin Pullen Auditor Dave Rawlings Head of Customer Services Madeleine Shopland Democratic Services Officer

Councillors C A Cheshire, G K Seekings and B A Smith

In accepting Councillor Cheshire’s apologies for absence, the Committee asked that their best wishes for a speedy recovery be conveyed to Councillor Cheshire.

12. Minutes

The minutes of the meeting of the Committee held on 24th June 2008 were approved as a correct record and signed by the Chair.

No disclosures of interests were made.

14. Corporate Fraud Team Investigation Report

The Committee considered report CS/41 of the Head of Customer Services. Members were pleased to note that there had been a greater level of activity in the quarter in comparison to the previous quarter, with 106 cases being investigated. 24 sanctions had been for in the quarter, the highest quarterly figure recorded for sanctions applied. The Investigations Manager had left the Council. The post had not been automatically filled and whilst a review of the post is undertaken other staff in the team would be acting up on the technical side of the role. Although, the team would be down on resources, it was hoped that this would not have a negative impact.

The Head of Customer Services informed the Committee that from April the Council had been able to apply sanctions to certain state benefits as well as council tax and housing benefit. The first prosecution case involving a DWP benefit had reached the stage of court summons being issued. The Head of Customer Services briefly outlined the details of the case. He indicated that it was likely to be a lengthy process, involving the crown court, but it was hoped that the Council would be successful. The Chair commented that if the Council were successful, this should be publicised to show that the Council did not tolerate fraud.

Councillor Eade questioned how much the Council lost through fraud each year. The Head of Customer Services commented that this varied from year to year. Members were reminded that the total value of fraudulent overpayments identified during the last year was £171,734. On average the Council was able to recover 70% of fraud identified. The government also provided subsidies so the Council did not necessarily lose out on the remaining 30%. Some Members asked that the Committee receive figures relating to fraud identified. They asked that this form part of future Corporate Fraud Team Investigation reports and that the relevant Portfolio Holders also be provided with this information. It was also noted that over the last 18 months the Council had been awarded their full legal costs when successful, which had not happened in the past.

RESOLVED

That the Committee note the report.

15. Audit Commission Annual Governance Report

The Committee considered the Audit Commission Annual Governance Report and welcomed Simon Mathers to the meeting.

Members were reminded of the statutory requirements for the accounts and audits for local authorities, as set out in The Accounts and Audit Regulations (Amended) 2003. They proposed to offer an unqualified opinion on the financial statements. Test controls within key financial systems had been deemed to be largely sound. Simon Mathers stressed that there had been continuous improvement since 2005. He congratulated the Finance Team on their work and commented that they had a good relationship with the Audit Commission.

The Committee examined Table 1, ‘Key areas of judgement and audit risk’, identified when the audit was first planned 18 months previously. Members were assured that staffing issues and related problems were no longer considered a risk. It was noted that separation of duties for officers initiating and authorising journals was still not evidenced. However, it was recognised that this was often a difficult control to implement in smaller district Councils. The Head of Finance commented that a report would be run at the end of each month, the high risk areas examined and management checks carried out. 67 Audit and Governance Committee 23 September 2008

Members were informed that the Audit Commission had made two recommendations regarding the Accounting practice and Financial reporting. These were that the Council should disclose its bad debt provision on the face of the balance sheet where it is material and Investment properties and surplus assets held for resale should be disclosed as separate headings within non-operational assets as part of the Council’s fixed asset disclosure. These issues were considered to be fairly minor.

Table 3 ‘Other Matters’ was also discussed. Simon Mathers explained that the findings of the Audit Commission’s inspection of Crawley Homes had not been disclosed as a significant governance issue in the Council’s Annual Governance Statement. An agreement with the Council had been reached that the inspection findings would be incorporated into the Annual Governance Statement together with a summary of actions planned and taken to improve the service in response to the findings. The results of the housing inspection were taken into account when the Audit Commission made a value for money conclusion. They had been of the opinion that the inspection result should not negatively impact on this conclusion as housing was only one of a number of Council services and work was being undertaken in response to Audit Commission comments to make improvements.

Simon Mathers emphasised that the Audit Commission were of the view that the Council had adequate corporate arrangements for securing economy, efficiency and effectiveness in its use of resources and as a result were prepared to issue an unqualified value for money conclusion. The Council’s arrangements had been assessed against twelve Commission specified criteria, one of which related to data quality arrangements. Councillor Burrett asked why there was no specific mention of data quality in the report when mention had been made to it in 2007/08 Audit of Accounts report. Members were informed that at the time of the audit much of the information available related to 2006/07 and it was identified as a potential risk. Considerable improvements had since been made and the Council’s data quality arrangements were now less of a concern.

In response to enquiries from Councillor Eade regarding debt recovery the Head of Finance indicated that he had the delegated authority to write off debts up to £2,500 and the Leader had the authority to write off debts between £2,500 and £10,000. He went on to state that should Members wish, a summary of debts written off could be included on the Members Information Bulletin on a six monthly basis from December. He stressed that to include every figure as opposed to a summary would make the Information Bulletin unwieldy. The Head of Finance assured the Committee that the Council was always looking to reduce bad debt. However, it was very difficult in some areas such as garages.

The Committee noted that a number of amendments would be made to Appendix 2, The Proposed Auditor’s report. The word ‘County’ would be removed from paragraph two. The reference to the Best Value Performance Plan would be amended so that it referred to the 2007/08 plan as opposed to the 2006/07 plan.

Members were notified that the Council had agreed the Audit Commission’s recommendations. The Chair queried whether the Council might see a reduction in the Audit Fees in future. The Committee was informed that there was potential for reductions in the future as the Audit Commission’s fees were based on the size of the Council and the perceived level of risk.

16. 2007/08 Audit of Accounts

The Committee examined report FIN/161 of the Head of Finance. The Committee noted issues which had arisen during the audit of the 2007/08 accounts and that several minor amendments had been made to the accounts during the audit. The Head of Finance reminded Members that considerable improvement had been made and thanked Karen Hayes and Paul Windust for the part that they had played in this. He informed Members that this would be Simon’s last meeting. The Committee commented that they had enjoyed working with Simon and wished him well for the future.

RESOLVED

i) That the Committee note the contents of the Annual Governance Report.

ii) That the Committee note the minor amendments to the 2007/08 Statement of Accounts.

17. Risk Management Action Plan – Progress Report

The Committee considered report FIN/159 of the Head of Finance. The report updated Members on the implementation of the Risk Management Strategy and the work carried out towards improving on the Council Use of Resources Assessment. The Head of Finance commented that the format of the Risk Management Strategy would change and he would discuss with the Chief Executive how this should be carried out.

The Council had recorded an overall score of 2 for 2006/07. A score for 2007/08 had not yet been received although a review was in progress and improvements had been made. The Committee examined the requirements to meet level 3 and how these requirements could be met. In response to Members’ queries concerning risk management the Deputy Head of Finance indicated that training for management was taking place and that guidance for staff was available. She had spoken to Human Resources with a view to including information on risk in induction packs for new staff. The Head of Finance indicated that there had been some resistance to adding a standard paragraph concerning risk to report templates in light of the number of standard paragraphs already in existence. Councillor Burrett questioned whether it could be added to the Staffing, Financial and Legal Implications paragraph.

Councillor Burrett asked why the information relating to site in Manor Royal designated to assist in business continuity had been included in the report and whether the information might be considered unsuitable for a public report. The Head of Finance stated that other organisations were aware of the facility and that he had thought that it was common knowledge. He agreed to investigate when the issue had first been raised.

Councillor Eade asked what was meant by RM13 - Heads of Service to determine whether Divisional risk registers are required (in consultation with Directors). The Head of Finance indicated that the Council was trying to create a standard approach to producing divisional risk registers. Managers were being made aware of their responsibilities through training. The Committee asked why RM16 – Review strategic risk register for 2008/09 was only at 50% and were informed by the Head of Finance that action on this indicator had been delayed to allow the new Chief Executive to be involved. Improvement was expected. Some concerns were expressed with regards to STR008 – Community Cohesion. The Chair emphasised that whilst it was important to take the needs of individuals on board the Council should also be considering the needs and desires of the wider community. Councillor Burrett informed Members that 69 Audit and Governance Committee 23 September 2008

some indicators represented a very small number of staff and any changes caused variations. The Head of Finance indicated that the Council’s workforce did not reflect the local community. Councillor Burrett stressed that whilst improvement was being made like was not being compared to like as not all Council employees resided in Crawley. In relation to STR001 – Realising the potential of the Gatwick Diamond, Councillor Lanzer commented that there was scope for the development of greater knowledge on the Gatwick Diamond amongst officers. In addition to the Chief Executive, a Director and Head of Service champion would be appointed. The Committee asked to be updated on the matter.

RESOLVED

That the Committee receive the report note progress to date.

18. Internal Audit Progress Report as at 31st August 2008

Report FIN/158 of the Head of Finance was looked at by the Committee. The Audit and Risk Manager updated the Committee on the progress made towards the completion of the 2008/2009 Internal Audit Plan and the progress made in implementing previous recommendations. She commented that good progress had been made. Thirteen audits had been completed by the time of writing and a further six had been completed since. Two of these, Payroll and Creditors had received high priority findings.

It was noted that Internal Audit had been advised that only HR staff were able to able to set up new posts and employees on the system. However, it was established that the system also allowed the Payroll Manager to carry out this function. This opened up the possibility for a bogus employee to be created and paid. The Audit and Risk Manager stressed when the CHRIS 5 system had been updated to the CHRIS 21 system it had been assumed that access controls would have been updated as part of the transfer. This, however, was not the case. A follow up review of the CHRIS 21 system access levels and related privileges had subsequently been carried out. The Committee would receive an update at its November meeting. She emphasised that there was no suggestion of impropriety. The Audit and Risk Manager indicated that she would soon be meeting the Head of Human Resources and Development and the Payroll Manger to further discuss how access issues could be resolved. In response to Members’ concerns the Head of Finance commented that the Council had switched from CHRIS 5 to CHRIS 21 in November 2007. There would not have been access issues prior to this. He clarified that the Council had switched from CHRIS 5 to CHRIS 21 because CHRIS 5 would no longer have been supported by the software company. With more time, more rigorous testing would have been carried out. It was noted that a Systems Thinking Review on HR and Payroll was under consideration as the departments’ systems did not always complement

The Audit and Risk Manager stated that a compensatory control has been introduced whereby the Treasury Services Manager generates and examines a report detailing all leavers actioned on the system (from an independent source) and ensures that they have not been paid beyond the last payment to which they are entitled. The Treasury Services Manager is also examining a report showing all starters (Casual Workers and Voluntary Organisations). Some Members asked whether a graph of staff movement could be produced and were informed that it would be possible although it was uncertain as to what this would add to the checking and overall control process. Councillor Burrett requested that Portfolio Holders receive a copy of reports relating to adverse audits on areas under their portfolio.

Members were disappointed and concerned that the raising of purchase orders continued to be a high priority finding when it had been first identified as a problem two years previously. It was noted that testing carried out by Internal Audit, in conjunction with the Audit Commission, had shown that between 1st April 2007 and 31st March 2008 only 10% of all invoices raised (11.5% of the total value of all invoices paid) were by way of a purchase order. Councillor Eade requested that Members receive comparison figures for this year and last year in next year’s report. The Head of Finance emphasised that last year the payments made had been analysed to help compile a list of those payments which did not require a purchase order to be raised. He had written twice to Heads of Service reminding them of the importance of purchase orders. Each Head of Service would receive a report on orders made in their division. The new e-procurement system would benefit staff as it would facilitate the purchase order process. It was agreed that current purchase order system was unwieldy.

The Committee were of the opinion that management and Members should take a strong stance to change the negative staff culture towards purchase orders. They requested that the Management Response to the poor level of usage of the purchase order module should be strengthened. Councillor Burrett emphasised that staff should be reminded of the importance of the newly signed Procurement Strategy. The Head of Finance agreed to remind Heads of Service of the importance of using the purchase order module. Members questioned whether using the purchase order module was something which could be monitored at staff appraisals and were notified that more work would have to be carried out first. The Committee felt that it was highly disappointing that Creditors had had high priority findings in light of the fact that time taken to pay invoices had improved. Councillor Eade enquired whether Mears invoices were still being checked for accuracy. The Committee were advised that the sampling of invoices had not been ongoing. However, checks would be made in three months to ensure that recommendations of the recent Internal Audit were being implemented.

RESOLVED

That the Committee note the report and the progress made to date.

19. Anti Money Laundering Policy

The Audit and Risk Manger gave a verbal update on the Council’s Anti Money Laundering Policy.

The Committee were informed that the policy had been very recently approved by CMT and would be brought before the Committee at its November meeting. She would be working on distributing the policy and setting up training for staff by the end of the year. Audit would also be identifying which staff initially required training and how this training could be cascaded down to other staff.

With the business of the Committee concluded, the Chair declared the meeting closed at 9.12 pm.

L A WALKER Chair

72 General Purposes Committee 29 September 2008

Minutes of General Purposes Committee 29 September 2008 at 7.30pm Present: Councillor R D Burrett (Chair)

Councillor C R Eade (Vice–Chair)

Councillors M L Ayling, B K Blake, ALI Burke, A C W Crane and L A Walker

Officers Present:

Lee Harris Chief Executive Ted Beresford-Knox Head of Planning Services Ann-Maria Brown Head of Legal and Democratic Services Mez Matthews Democratic Services Officer

Councillors C A Cheshire, D G Crow and R A Lanzer

7. Minutes

The minutes of the meeting of the Committee held on 30 June 2008 were approved as a correct record and signed by the Chair.

No disclosures of interest were made.

9. Appointment of Member to Serve on the Members’ Allowances Independent Remuneration Panel

Members were informed that there was a vacancy to be filled on the Panel. Mr Jan Lensen had advised the Council that he no longer held an executive position on the Crawley and Gatwick Chamber of Commerce due to the fact that his work commitments had substantially increased. For the same reason, regretfully, he also felt unable to continue to serve on the Panel.

The Crawley and Gatwick Chamber of Commerce had been approached and had nominated Mr Steve Rham (President).

73 General Purposes Committee 29 September 2008 RESOLVED

RECOMMENDATION 1

That the full Council be recommended to agree that:

1. Mr Steve Rham, President of Crawley and Gatwick Chamber of Commerce, be appointed to serve on the Members’ Allowances Independent Remuneration Panel from 2008/09 to 2011/12.

2. Mr Jan Lensen be thanked for his contribution to the work of the Panel and wished well for the future.

10. West of Bewbush Strategic Development Location – Determination of Planning Applications Proposed Procedures, Mechanisms and Project Plan

The Committee considered report PS/0351 of the Head of Planning Services which reminded Members that the Submission West of Bewbush Joint Area Action Plan (JAAP) included a series of objectives, policies and a conceptual Masterplan to steer and guide the location, nature and form of strategic development west of Bewbush. Provided the JAAP was found to be sound at Examination (before a Secretary of State appointed Planning Inspector) and adopted, a number of planning applications would need to be submitted and approved to facilitate development in conformity with the JAAP.

The report outlined the procedures and mechanisms which were proposed to be employed to ensure that both Councils’ Members were involved in the planning application consideration and determination process, joint office working continues and critically that both Councils would be able to ensure that development occurred in conformity with the JAAP. The report also addressed the financial, resource and legal implications of the proposed procedures and mechanisms.

Members were made aware that the proposed joint committee would provide a formal mechanism for Crawley Borough Council (CBC) to be allocated membership of the Planning Sub-Committee which would be established to deal with planning applications for the proposed development area.

Members noted that Horsham District Council had considered and approved a report at its Council meeting on 10 September 2008, which outlined the same proposed joint working procedures and mechanisms and similar recommendations to those set out in the report before Members.

Members acknowledged that although resources would be required from CBC’s Development Control Team, the majority of work would be undertaken by Horsham District Council (HDC) and therefore HDC would retain 100% of the planning application fees.

Whilst Members were disappointed that CBC would not receive a proportion of the application fees, they welcomed the report and were pleased that CBC Councillors had been invited to serve on a Joint Committee. Members were unsure how the Terms of Reference of the Joint Members Steering Group (cited in recommendation 3 of the report) could be revised to ensure that Members who served on that group 74 General Purposes Committee 29 September 2008 would also be able to take decisions as part of the Joint Development Control Committee without raising an issue of probity. It was agreed that the Head of Legal and Democratic Services would investigate the situation and would report back to Members as to the current position regarding the issue.

Members felt strongly that the infrastructure which would serve the new development would need to be robust. Members were informed that the results of transport assessments were awaited but that transport issues had been considered and that it was possible that Fastway could be extended to serve a wider area of Crawley. Members noted however, that issues concerning infrastructure and whether the new development would be served by HDC or CBC would be dealt with later on in the process.

RESOLVED

RECOMMENDATION 2

That the full Council be recommended to:

1. Agree the principle of joint working at an officer and Member level for the consideration and determination of planning applications relating to the Strategic Development Location West of Bewbush and the West of Bewbush Joint Area Action Plan.

2. Endorse the principle of the establishment of a specially constituted Joint Development Control Committee to determine planning applications in respect of the West of Bewbush Strategic Development Location and the Joint Area Action Plan, subject to working up the detailed arrangements, which will require Council endorsement through a further report.

3. Agree the principle of updating Members on the progress and content of planning applications via the Joint Members Steering Group as set out in the report, subject to revised Terms of Reference for the group being endorsed by the Council through a further report to address matters of probity.

4. Endorse a development management / team approach for the consideration and determination of planning applications relating to the West of Bewbush Strategic Development Location and the Joint Area Action Plan, possibly via a Planning Performance Agreement, including an identification of the key issues, application timescales and important milestones for delivery of the applications.

5. Acknowledge the resource and financial implications of the proposed joint working procedures and mechanisms, particularly those that would be beyond the resource and financial implications of the Council being a statutory consultee to the planning applications relating to West of Bewbush Strategic Development Location and the Joint Area Action Plan.

11. Changes to the Constitution

The Committee considered changes to the Constitution.

RESOLVED

RECOMMENDATION 3

That the full Council be recommended to agree the changes to the Constitution as proposed in Appendix 1 to these minutes.

With the business of the Committee concluded, the Chair declared the meeting closed at 8.10pm

R D BURRETT Chair

AMENDMENTS TO THE CONSTITUTION APPENDIX 1

Function Proposed amendment Reason for amendment

Article 4 – The full Council – Page 16 Remove the following documents from the list of Policy To reduce the list of Policy Framework Documents: Framework Documents requiring full Council . Procurement Strategy approval . ICT and e Government Strategy Article 4 – The full Council – Page 16 Delete: Update “The plans and strategies which comprise the Housing Investment Programme, including the Housing Strategy”,

and replace with: “Housing Strategy” Functions of the Licensing Committee – Page Include the following delegations: These delegations have 98a been relocated from (55a) Approval of the Health and Safety Service Plan environmental functions delegated to Cabinet (55b) Approval of the Food Service Plan Members and officers – should not be Cabinet functions

(also see Pages 143 and 143a) Responsibility for Cabinet Functions – Page Delete: Update 132 “The plans and strategies which comprise the Housing Investment Programme, including the Housing Strategy”,

and replace with: “Housing Strategy”

Responsibility for Cabinet Functions – Page Remove the following documents from the list of Policy To reduce the list of Policy 133 Framework Documents: Framework Documents requiring full Council . Procurement Strategy approval . ICT and e Government Strategy

Environmental matters delegated to Cabinet Remove the following delegations: These should not be Members and officers – Page 143 and 143a Cabinet functions and “(A34) The following function is delegated to the Portfolio Holder therefore they have been for Environmental Services: relocated to functions of the Licensing Committee Approval of the Health and Safety Service Plan (also see Page 98a) “(A37) The following function is delegated to the Portfolio Holder for Environmental Services, in consultation with the Head of Environmental Services:

Approval of the Food Service Plan

Planning matters delegated to Cabinet Remove the following delegation: To reflect the requirements Members and officers – Page 166 of The Town and Country “The following function is delegated to the Head of Planning Planning (Local Services in consultation with the Head of Legal and Democratic Development) (England) Services: (amendment) Regulations 2008. This document The creation and subsequent review and development of the requires a resolution by the Local Development Scheme.” Cabinet.

Planning matters delegated to Cabinet Add the following delegation: To reflect the requirements Members and officers – Page 166 of the Town and Country “The following function is delegated to the Director of Planning (Local Environment and Housing in consultation with the Portfolio Development) (England) Holder for Planning and Economic Development: Regulations 2004.

The approval of documents for pre-submission consultation under Regulation 25 of the Town and Country Planning (Local Development) (England) Regulations 2004.”

General matters delegated to Cabinet Add the following delegation: New delegation Members and officers – Page 180b “The following function is delegated to the Chair of the Cabinet:

To receive the report on the Treasury Management Mid Year Review and to approve the annual Treasury Management Outturn report (NB. Approval of the annual Treasury Management Strategy report is a full Council function). ”

General matters delegated to Cabinet Add the following delegation: New delegation Members and officers – Page 180b “ The following function is delegated to the Head of Finance:

To determine discretionary hardship relief applications under Section 49 of the Local Government and Finance Act 1988.”

General matters delegated to Cabinet Add the following delegation: New delegation Members and officers – Page 180b “ The following function is delegated to the Portfolio Holder for Continuous Improvement and Development:

Approval of the Procurement Strategy.”

Council Procedure Rules – Page 202 Amend the first sentence of paragraph 8 to read as follows: Clarification.

“The quorum of a meeting will be one quarter of the whole Amended wording in number of members (rounded up where necessary to the next bold number) provided that in no case shall the quorum of a committee be less than three members or of a sub-committee or Scrutiny Panel less than two members.”

Council Procedure Rules – Page 221 Amend paragraph 4 of the Appendix to the Council Procedure For reasons of clarification. Rules, Public Involvement in the Planning Process and at Development Control Committee, to read as follows: Amended wording in bold “Public speaking rights will only apply in respect of any application made under the planning acts which fall to be determined by the Development Control Committee and will not apply to any applications to be determined by officers under the scheme of delegation. Public speaking rights will also apply where written representations have been made in respect of tree preservation orders and which are before the Committee for confirmation. Public speaking rights will not apply at accompanied site visits. The Development Control Committee deals with items other than planning applications, such as enforcement cases which may involve confidential information. The right to speak will not apply to these cases.”

Policy Framework Procedure Rules – Page Remove the following documents from the list of Policy To reduce the list of Policy 245 Framework Documents: Framework Documents requiring full Council . Procurement Strategy approval . ICT and e Government Strategy

Policy Framework procedure Rules – Page Delete: Update 245 “The plans and strategies which comprise the Housing Investment Programme, including the Housing Strategy”,

and replace with: “Housing Strategy”

Scrutiny Procedure Rules – Page 270 Amend paragraph 6 to read as follows: Clarification.

“The Quorum for the Scrutiny Commission and Scrutiny Panels Amended wording in shall be as set out in the Council Procedure Rules in Part 4 of bold this Constitution”.

The Procurement Code – Page 331 Amend the award procedure for goods and services contracts for Clerical correction to an estimated total value of under £10,000 to read as follows: ensure that the procedure for goods and services “Before a purchase order is issued the relevant officer shall contracts is in line with that either obtain competitive quotations or shall be satisfied that the for works contracts. Council is obtaining value for money. Where available a corporate contract must be used.” Amended wording in bold

81 Overview and Scrutiny Commission 6 October 2008

Minutes of the Overview and Scrutiny Commission Monday 6th October 2008 at 7.30pm

Present: Councillor R G Burgess (Chair) G K Seekings (Vice-Chair) Councillors L A M Burke, L R Gilroy, J A Singh, B A Smith and L K Taylor

Also in Attendance: Councillors R D Burrett, A C W Crane, B MeCrow and A J E Quirk.

Apologies for Absence: Councillors Dr H S Bloom, A G Brown and C A Cheshire.

The Commission asked that their thoughts be sent to Councillor Cheshire, who was still quite seriously ill.

Officers Present: Paul Buxton Corporate Policy Officer Lee Harris Chief Executive Nigel Sheehan Acting Head of Community Services Steve Lappage Scrutiny Manager Chris Pedlow Democratic Services Officer - Scrutiny

52. Minutes and Matters Arising

The minutes of the meeting of the Commission held on Monday 8 September 2008 were approved as a correct record and signed by the Chair, subject to the following further sentence to be added at the end of the seventh paragraph in Minute 47. Review of Recruitment Advertising Expenditure (Update Report) - ‘The Commission asked that for all appointments including those of Senior and Technical Officers, be advertised via the South East Employers jobs portal.’

53. Members’ Disclosure of Interests and Whipping Declarations

No disclosures of interests or whipping declarations were made.

54. Public Question Time

No questions from the public were asked.

55. Forward Plan – 1st November 2008 – 28th February 2009

The Commission considered the latest version of the Forward Plan.

No additional referrals were made from the Forward Plan.

56. Systems Thinking Progress Report

The Commission considered report CPU/45 of the Corporate Policy Officer. Members were provided with a detailed background and the principles of the Systems Thinking including the following fundamental principles:

1. The work must be understood from the outside in. 2. The system is designed against predictable demand. 3. Understanding the flow of work through the whole system is critical. 4. Pull. (This means that the work is done against demand: only do something when it is needed; but when it is needed and make sure you have the resource to do it straight away). 5. The people on the spot have the responsibility and capability to do what is needed.

It was noted that Toyota used a similar system called Toyota Production Systems (TPS), and that John Seddon’s company, Vanguard adapted TPS principles for service industries. It was noted by the Commission that Vanguard’s Systems Thinking techniques were based on the premise of ‘Check – Plan – Do’. The Commission examined the processes of ‘Check – Plan – Do’ as detailed in paragraph 2.5 of the report.

The Corporate Policy Officer informed the Commission how the Vanguard principles had been used successfully in the Benefits Service since January 2006. This had resulted in a reduction in the end-to-end times for new benefit claims from 40 days to 16.4 days and around £50,000 per annum efficiency savings. It was also noted that in 2007/08 there were 41 requests for reconsiderations, compared with 129 in 2006/07, and the number of appeals reduced over the same period from 9 to 7. As a result of these improvements the Benefits Team were finalists in the IRRV Benefits Team of the Year competition. The Commission asked that their congratulations be sent to the Benefits Team.

The Commission then received a briefing on how Systems Thinking techniques were currently being used in Crawley Homes for responsive repairs. A pilot scheme had been set up to deal with the calls for repairs in Bewbush and Broadfield, and more recently Gossops Green. Under this scheme calls for these areas are redirected to a specific team, where the Operators (members of the Contact Centre reassigned) fill in a ‘T-Card’ with the details of the repair. A ‘Controller’ would assess the T-Cards and allocate the jobs to one of his appropriate Operatives and then call the Customer to make sure they will be in when the repair was due to be carried out. A wall rack visual displays all the T-Cards/ jobs that were waiting and those in progress. This enables the Controller to effectively manage his Operatives and jobs. Once the operative has taken a look at the job, he calls the Controller and estimates the time required. Following completion of the repair the operative calls the Controller and tells him what parts he has used and how long the job has taken for invoicing purposes. It was noted that Operatives had a stock of materials of the most commonly used items as determined by analysis of historical cases, within their van. This helped to reduce the time of the repairs. Also a ‘squirrel store’ that stocks most of the other materials was kept in a business unit close to the pilot area. 83 Overview and Scrutiny Commission 6 October 2008

Members were informed that the pilot scheme had proven to be successful as the end- to-end times had reduced from 49.5 days prior to the pilot to approximately 8 days for repairs. There had been an improvement in customer satisfaction especially with regards to the speed of the service. The pilot scheme would be expanded to Ifield, Ifield West and West Green, to help balance the workloads of the Operatives. It was noted that if the expanded pilot continued with the current rate of success a report would be put before the Cabinet in February 2009 requesting a full roll out throughout the Town.

The Commission were also briefed on the planned Systems Thinking review into Disabled Grants/ Aids and Adaptations, which would have Scrutiny Members’ involvement in it. It was noted that initial discussions about the review had taken place with Crawley Homes, Housing Strategic Services and the West Sussex Occupational Therapy Service (OTS). All parties had agreed to be on board and to support the process. However, a problem had arisen prior to the Commission’ meeting had informed the Corporate Policy Officer that they could not currently support the review due to staff shortages. OTS commented that they should be able to provide the required support in January/ February 2009. With the OTS being unavailable the whole process would be delayed as it is important that all parties be involved from the outset. The Commission noted the delay and asked that Councillors Cheshire and Gilroy be kept informed of any further developments.

While supporting the concept, a couple of Commission Members felt that the Systems being used for the repairs pilot was a ‘blast from the past’, as it was using previously used mechanisms such as T-Cards and Squirrel stores. Questions were raised on the support for the repairs pilot by our contractors Mears and Johnsons. The Commission were informed that they had fully supported the pilot and even recruited further Operatives to help balance the requirements of the pilot. The experience of participating in a Systems Thinking intervention would be good experience for the contractors and stand them in good stead in bidding for contracts where the clients wished to pursue Systems Thinking principles.

The Commission asked how the ‘Controller’ could administrate the Operatives effectively and efficiently. It was noted that the ‘Controllers’ had ‘Multi trade’ backgrounds and so had knowledge of the types of repairs that would be required. Using that knowledge they could balance the workloads more effectively. It was noted that the jobs were still examined on a priority basis and that three Controllers were currently employed on the pilot.

Councillor Burrett, Portfolio Holder for Continuous Improvement and Development, commented to the Commission that as the Cabinet Member with responsibility for Systems Thinking, he felt Systems Thinking was a great step forward in improving services and seeking value for money. He expected that further Systems Thinking reviews would take place in the future.

RESOLVED

1. That the Commission welcomed and noted the report.

2. That Councillors Gilroy and Cheshire be kept informed of any developments over the potential Adaptation review.

3. That the Commission’s congratulations be sent to the Benefits Team for the National Award nomination. 84 Overview and Scrutiny Commission 6 October 2008

57. Best Value Review of Services for Young People – (2nd Annual Update)

The Commission considered report CS/86 of the Acting Head of Community Services, which was the second annual update on the Best Value Review for Services for Children and Young People. The Best Value Review had produced nineteen recommendations and the Acting Head of Community Services presented the key developments since the previous update.

A further issue that the review highlighted was the need to safeguard children and young people’s safety. The Commission noted that Community Services staff, who were in direct contact with children and young people, had received intensive training on safeguarding child protection. Further broader training would soon also be rolled out to other Council staff who had indirect contact, such as Contact Centre Staff.

One of the key concepts that came out of the review was the need for a re-examination of the Council’s play services. As a result of this examination the New Venture Service was launched at the beginning of the school summer holidays 2008. The rationale for the service was to provide four revamped Adventure Play Grounds with the extended opening times, but with the closure of the three Play Centres, saving the Council approximately £160,000 per year. It was noted that over the summer 15,492 children and 3702 adults had been recorded as visiting the Adventure Playgrounds, an increase on attendance in 2007 and 2006. All visitors attending the playground must be logged in to gain admittance which helped produce accurate visitor records. In response to a question on the proposals to provide transport to the adventure playgrounds, the Commission were informed that this task was still ongoing with extensive work required on the health and safety requirements. It was confirmed that the capital to support enhanced transport services was in place with the lottery funding being available for two years.

The Commission were informed that investment would be taking place to revamp some of the larger unsupervised playgrounds. The design and type of equipment at these playgrounds would be developed in consultation with the local community. An example of this was the revamping of the Maidenbower play area. It was noted that some of the smaller playgrounds may not be updated and would be removed if they were not fit for purpose on Health and Safety grounds. Any decision on removal would be made in full consultation with the Local Ward Members.

The Commission noted that there had been better promotion of the Town’s youth facilities through a quarterly newsletter, which was distributed through schools, the adventure playgrounds and other youth groups. In response to a question as to why it was not produced three times a year to link in with school terms, the Commission were informed that it was produced in association with other organisations. This had meant that seasonal distribution was more suitable for all parties involved in the newsletter.

Members were also informed that the new K2 Management would be devising specific packages for children and youths to encourage them to use the facilities. It was noted that the Community Services team had improved working relations with the County’s Youth Services as a result of the review.

The Commission was pleased that the Skate Park design which was developed via consultation with many of the Town’s skateboarders, BMX riders and Rollerbladders, had won the award for best public and private sector play scheme project in the Landscape and Amenity Awards.

In response to a question it was noted that Councillors MeCrow and B J Burgess were the link Councillors to the Crawley Young Persons Council (CYPC). Councillor MeCrow commented that she had been to most of the recent CYPC meetings and that the most interesting item that had been discussed was the possible creation of a ‘Dry Pub’ within the Town. It was also noted that for the 2008 Youth Awards on 6th November 2008 there had been over 200 nominations.

RESOLVED

1. That the Commission welcomed and noted the update report, and

2. That the Commission receives a further update in a year’s time, on the items identified as ‘On Going’ to see how they were progressing.

58. Portfolio Discussion with the Cabinet Member for Leisure and Cultural Services

The Commission noted the brief report prepared by Councillor Beryl MeCrow on her Leisure and Cultural Services Portfolio and questioned her on the report and on a variety of other issues relating to her portfolio.

The following topics were discussed:

i) The Venture Services - How the first Summer went ii) K2 and the focus of the new management. iii) Unsupervised play services iv) Crawley being a Olympic Training Camp v) The Skate Park award for the best play space in the public and private sector. vi) Crawley Parks gaining three Green Flags vii) The Lottery funding achieved for Worth Park. viii) Community Wardens retaining their Police accreditation. ix) Museum Services and the possibly of it moving to be based in Tilgate.

Councillor MeCrow confirmed that she would provide all Councillors, via the Members’ Information Bulletin, the cost of the recent Travellers incursions. She also agreed to speak to Councillor Keith Blake with regard to adding illustrations of what should not be left at neighbourhood recycling centres, with the aim to help reduce flytipping.

The Overview and Scrutiny Commission thanked Councillor MeCrow for attending and for the informative discussion that had ensued.

59. Scrutiny Panels

Below is a brief update on the Commission’s Panels:

Access to Parks Scrutiny Panel

It was noted that the Access to Parks Scrutiny Panel would be starting in January 2009.

Adaptations Systems Thinking / Scrutiny Review

It was noted that the Commission had received a report on Systems Thinking Reviews and that it was expected that the Adaptations review was expected to commence in January / February 2009.

Electoral Process 2008 Scrutiny Panel

Councillor L A M Burke informed the Commission that the Electoral Process 2008 Scrutiny Panel met on the Thursday 25 September 2008 and the Panel examined the previous Electoral Processes Panel’s recommendations. The Panel discussed how successfully they had been implemented and how beneficial those recommendations had been to the election process. The Commission were also notified that the Panel also considered other elements that could be improved, including positions and the signage of Polling Stations and the lay out of the count.

It was noted that the Panel would next be meeting on Tuesday 16 December 2008.

Trees Scrutiny Panel

Councillor G K Seekings informed the Commission that the Trees Scrutiny Panel met on the Tuesday 30 September 2008 and they had set the parameters and scope for the review. He emphasised that the review would be detailed and in depth as there were roughly 350,000 trees within the Borough and the Council spent approximately £200,000 on them. It was noted that there was a possibility that the Scrutiny Panel may not be finished by the intended finish date of the March 2009 Commission.

Fees and Charges Scrutiny Panel

Councillor R G Burgess informed the Commission that the first meeting of the Fees and Charges Scrutiny Panel would be held on Monday 24 November 2008.

Performance Monitoring Scrutiny Panel

Councillor R G Burgess, who was in the Chair as Councillor C A Cheshire was unable to attend for the Performance Monitoring Scrutiny Panel (PMSP) on Thursday 4th September 2008, informed the Commission that the PMSP had closely examination of Corporate Indicators, the Gold Projects and Quarterly Complaints. It was noted that the PMSP Members looked in detail at CHBV212 Average time in days taken to re-let local authority housing, CH5 Average time in days taken to complete non urgent repairs, HSS27 (BV213) Actual number of cases where homeless prevented through housing options/advice services and NI 158 (BV 184a) Percentage of non-decent council homes.

It was noted that the next meeting would be taking place on Wednesday 19 November 2008.

60. Provisional List of Reports for the Commission’s Following Meetings

The Commission Members were informed that the Budget Strategy Mid Year Review programmed for 1st December 2008 on the provisional list, might not be going to the 87 Overview and Scrutiny Commission 6 October 2008

Commission, as this report might now be dealt with under delegated powers by the Leader. The provisional lists of reports for future Commission’s meetings were noted.

The meeting ended at 9.09pm.

R G BURGESS Chair

88 Cabinet 8 October 2008

Minutes of Cabinet 8 October 2008 at 7 30pm

Present:

Councillor R A Lanzer (Chair of Cabinet and Leader of the Council)

Councillor D G Crow (Vice-Chair of Cabinet and Deputy Leader of the Council)

Councillors R D Burrett (Cabinet Member for Continuous Improvement and Development)

A J Quirk (Cabinet Member for Community Engagement)

J L Millar-Smith (Cabinet Member for Housing)

C L Denman (Cabinet Member for Planning and Economic Development)

B K Blake (Cabinet Member for Environmental Services)

B MeCrow (Cabinet Member for Leisure and Cultural Services)

Also in Attendance:

Councillors B J Burgess, R G Burgess; and A C W Crane.

Officers Present:

Ted Beresford Knox Head of Planning Services Ann Maria Brown Head of Legal and Democratic Services Peter Browning Director of Environment and Housing Lee Harris Chief Executive Glyn Hydes Democratic Services Officer Phil Rogers Director of Community Services

50. Minutes

The minutes of the meeting of the Cabinet held on 10 September were approved as a correct record and signed by the Chair.

89 Cabinet 8 October 2008 51. Public Question Time Public question time took place and Mr G Thomas asked a question with regard to the agenda item entitled ‘Free Swimming: Response to Department of Culture, Media and Sport (DCMS) – Urgent Action under Cabinet Procedure Rule 1.4.

Mr Thomas referred to the decision made at the last meeting of the Cabinet (minute 46 refers) not to partake in the scheme. He informed Members that in 2001 there were approximately 40,000 people under the age of sixteen and over sixty years of age in Crawley, who could benefit from the introduction of the scheme. The Portfolio Holder for Leisure and Cultural Services said that it was estimated that the funding provided by the Government to support the under sixteen’s programme would be at least £35,000 per annum below the loss of income, and that for the over 60’s programme there would be a deficit of £10,000. Government funding was only guaranteed for two years. If it was withdrawn, the total loss of income was estimated at £121,000 per annum. Mr Thomas asked a further question with regard to the number of senior citizens that were in receipt of Pension Credit that had taken out the free membership? The Portfolio Holder for Leisure and Cultural Services undertook to provide Mr Thomas with that information.

52. Mr L Harris – Chief Executive

Members congratulated Mr Lee Harris on his appointment as the Council’s Chief Executive, and welcomed him to his first meeting of the Cabinet.

Member Minute Subject Nature of Disclosure Number Councillor Minute 55 Recommendations Personal Non B K Blake for extending the Prejudicial – Chair of Reach and District Scouts Improving the Executive Effectiveness of the Community Funding and Support Programme

Councillor Minute 54 Joint Personal Non R D Burrett Commissioning of Prejudicial – Council Social Welfare Law representative and and Advice Trustee of Crawley Services in West Open House Sussex

Councillor Minute 55 Recommendations Personal Non R D Burrett for extending the Prejudicial – Council Reach and representative and Improving the Trustee of Crawley Effectiveness of Open House the Community Funding and 90 Cabinet 8 October 2008 Support Programme

Councillor Minute 54 Joint Personal Non D G Crow Commissioning of Prejudicial – Member Social Welfare Law of West Sussex and Advice County Council Services in West Sussex

Councillor Minute 56 Gatwick Airport – Personal Non D G Crow Legal Agreement, Prejudicial – Member Memorandum of of West Sussex Understanding and County Council and Supplementary employed at Gatwick Planning Airport Document

Councillor Minute 55 Recommendations Personal Non A J Quirk for extending the Prejudicial – Council Reach and representative of Improving the Crawley Ethnic Effectiveness of Minority Partnership the Community (CEMP) and Crawley Funding and Dial a Ride (CDAR) Support Programme

Councillor Minute 55 Recommendations Personal Non B MeCrow for Extending the Prejudicial – Trustee Reach and of Crawley Improving the Community Transport Effectiveness of Association, and the Community Council Funding and representative of Support Crawley Museum Programme Society

Councillor Minute 54 Joint Personal Non J L Millar-Smith Commissioning of Prejudicial – Spouse Social Welfare Law is Leader of West and Advice Sussex County Services in West Council Sussex

54. Joint Commissioning of Social Welfare Law and Advice Services in West Sussex (Community Engagement Portfolio)

The Cabinet considered report DCS/13 of the Director of Community Services and the Portfolio Holder for Community Engagement, that provided information on proposed partnership working with the Legal Services Commission (LSC) between West Sussex County Council and District/Borough Council’s to jointly commission a new service to provide legal advice services in West Sussex. The proposal aimed to improve access, quality and accountability with new integrated community legal advice services. Legal Services Commission funding could only be used for specialist level

91 Cabinet 8 October 2008 legal services and not generic services. As a Commissioning body the LSC was under a legal obligation to award contracts through an open and fair process.

The areas of work covered would include Social Welfare Law which comprised the categories of Community Care, Debt, Employment, Housing and Welfare Benefits. The proposal was aimed at extending the reach and improving the effectiveness of the Community Funding and Support Programme.

RESOLVED

1. That the proposals by the LSC to work with West Sussex Local Authorities to plan and purchase new integrated Social Welfare Law advice services be noted; and

2. That agreement be given in principle to support the new commissioning proposal, and it be noted that agreement to proceed would only be made in partnership with the Local Authorities at the meeting of the County Joint Leaders to be held on 20 October. The detail of the agreement including service specification, would be agreed by the Director of Community Services in consultation with the Portfolio Holder for Community Engagement.

The Recommendations in the report sought to enable the Council to work in partnership with other funders to improve access to general and specialist legal advice services for Crawley residents.

55. Recommendations for Extending the Reach and Improving the Effectiveness of the Community Funding and Support Programme (Community Engagement Portfolio)

The Cabinet considered report DCS/14 of the Director of Community Services and the Portfolio Holder for Community Engagement, that reviewed the partnership working arrangements with Third Sector Organisations including Voluntary and Community Organisations (VCO’s). Members considered that working with Voluntary and Community Organisations (VCO’s) was the key to empowering local communities, and National and Local Government sought to further engage that sector in the development and delivery of needs-led and value for money community services.

The Council had a history of being proactive in supporting local VCO’s, through the Community Grants Programme (£634,000 in 2008/9), the development of a Crawley Compact to improve the relationship between sectors, involvement in West Sussex ChangeUp and other national Programmes, and innovative partnership working with VCO’s as partners in the development of services in neighbourhoods/the town, most notably the development of a Voluntary Sector Hub (Building) in the Town Centre. In 2007, the Portfolio Holder for Community Engagement had initiated a review of the Council’s Voluntary Sector Funding and Support Programme, and the outcomes of that review were reflected in the report now before the Cabinet.

The Director of Community Services referred in particular to :- (i) further consideration being given to the future role of the Grants Working Group with a view to rationalising both the decision making and appeals process (it was envisaged that the Appeals process would be retained), and having regard to the recommendations from the recent external review of the Council’s decision making structures; and (ii) the

92 Cabinet 8 October 2008 submission of a bid to the Budget Advisory Group (BAG) for the joint funding of a three year fixed term partnership ‘External Funding Officer’ with external funding knowledge and skills to secure additional funding for projects and initiatives in Crawley.

The Director of Community Services was requested to give further consideration to the annual and small grants budgets (paragraph 6.4 of the report refers), and in particular to ensure that an appropriate proportion of the grants budget continued to be allocated for annual awards to small local voluntary organisations, and for pump priming new or innovative work.

RESOLVED

1. That the Portfolio and Investors approach for the commissioning and administration of the Council’s Community Funding Programmes be noted and approved,

2. That the introduction of new multi-year funding agreements (up to three years) with identified local VCO’s and continuation of partnership work in areas such as commissioning or co-funding for local Voluntary and Community Sector (VCS) service delivery be agreed. That would include new Funding and Service Agreements (contracts) based on clearly identified needs,

3. That a proportion of the Grant Aid budget for annual and small grant funding schemes to support local innovation, ‘pump priming’ (development) and one-off activities for community benefit be maintained,

4. That further consideration be given to the future of the Grants Working Group, with a view to rationalising both the decision making and appeals process, and having regard to the recommendations from the recent external review of the Council’s decision making structures,

5. That the submission of a bid to the Budget Advisory Group (BAG) for joint funding of a three year fixed term partnership ‘External Funding Officer’ with external funding knowledge and skills to secure additional funding for projects and initiatives in Crawley be noted; and

6. That the development of a policy relating to asset transfer for community benefit be noted and approved.

The Recommendations in the report sought to provide a clear intention to further develop the Community Funding and Support Programme in line with Government guidance, and with the needs of the local community.

56. Gatwick Airport – Legal Agreement, Memorandum of Understanding (MOU) and Supplementary Planning Document (SPD) (Planning and Economic Development Portfolio)

The Cabinet considered report PS/0352 of the Head of Planning Services, that sought approval of the Legal Agreement, Memorandum of Understanding (MOU) and Supplementary Planning Document (SPD) that related to the development at Gatwick Airport.

93 Cabinet 8 October 2008

Members were reminded that in 2001 the Council had signed a Legal Agreement with West Sussex County Council (WSCC) and Gatwick Airport Limited (GAL) which set out a number of obligations that contained key actions that it was considered GAL should be required to undertake, to bring forward acceptable development and growth at the airport. The Legal Agreement also included an obligation to review the obligations by March 2009. Extensive negotiations had taken place with GAL and WSCC to review the agreement and to extend the period that it covered to 2015.

At the same time in 2001 the Council together with WSCC, signed a Memorandum of Understanding (MOU) with all the Local Authorities adjacent to the airport. The MOU sets out the roles of the Council and WSCC with regard to the relationship with the other local authorities affected by development at Gatwick Airport. It had been necessary to update the MOU alongside the Legal Agreement so that it reflected the latest position. Also in 2001, the Council had adopted a Supplementary Planning Guidance Note (SPG) on the development at Gatwick Airport. The SPG provided more detailed guidance on how the original Legal Agreement and other airport related documents would be taken into account in planning decisions related to development at the airport.

In view of the revisions to the Legal Agreement and other changes in the aviation sector since 2001 it had been necessary to produce new supplementary guidance in the form of a Supplementary Planning Document (SPD) on the development at Gatwick Airport. The SPD provided further information on the way in which the Council would implement the Gatwick Core Strategy Policies in dealing with planning applications, consultations and other planning matters that related to the airport. All the documents had been produced within the context of supporting the development of the airport as a two terminal, one runway operation that catered for forty million passengers per annum.

The Legal Agreement, Memorandum of Understanding and Supplementary Planning Document had been subject to significant discussion and consultation with surrounding local authorities, and with regard to the Supplementary Planning Document a range of other interested organisations. Some final details of the wording had still to be agreed. It was considered that together the documents provided an appropriate basis for supporting the growth of the airport whilst ensuring that the necessary environmental safeguards were in place.

The Head of Planning Services referred at the meeting to a letter dated 2 October 2008, that the Gatwick Area Conservation Campaign (GACC) had sent to the Leader of the Council which suggested that the Council should decline to sign the new legal agreement unless very substantial improvements could be made. The Head of Planning services reported in some detail at the meeting on GACC’s points of concern which Members noted.

RESOLVED

1. That the proposed content of the Legal Agreement, Memorandum of Understanding and Supplementary Planning Document on development at Gatwick Airport be endorsed,

2. That the Head of Planning Services and the Head of Legal and Democratic Services, in consultation with the Portfolio Holder for Planning and Economic Development be authorised to approve the final wording of the documents taking into account any views expressed by West Sussex County Council, the other Gatwick Authorities or any other interested parties, 94 Cabinet 8 October 2008

3. That the Council be authorised to complete and execute the Legal Agreement and Memorandum of Understanding, subject to the final wording of the agreement set out in Resolution 2 above being approved; and

4. That subject to the final wording of the Supplementary Planning Document set out in Resolution 1 above being approved, the Supplementary Planning Document be agreed and adopted.

The Council supported the proposed content of the legal agreement, Memorandum of Understanding and Supplementary Planning Document. Together those documents provided a strong context for considering matters that would enable the growth of the airport as a two terminal, one runway operation whilst providing the necessary environmental safeguards that would help manage the impact of that growth.

57. Proposed Local List of Planning Requirements (Planning and Economic Development Portfolio)

The Cabinet considered report PS/0347 of the Head of Planning Services, which informed Members that as part of the Government’s introduction of the Standard Planning Application Form 1APP (April 2008), a local list of planning requirements had been introduced, in addition to the existing national checklist of planning requirements. The Local List of Planning Requirements would ensure that all supporting documentation was provided by the applicant at the start of the application process and it was envisaged that it would expedite and smooth out the process.

The Local List for Crawley had been consulted on and tailored to be Crawley specific. It also included guidance from the Council’s planning policies and Supplementary Planning Documents (SPD) as well as national guidance. The Local List, once adopted and published on the Council’s website, would become part of the statutory planning requirements, in addition to the national checklist. If applicants did not meet the planning requirements of both the national and local lists, their application would be invalidated.

At the request of the Portfolio Holder at the meeting, Members agreed that it would be helpful to delegate authority to make minor revisions to the Local List, to the Head of Planning Services in consultation with the Portfolio Holder for Planning and Economic Development.

RESOLVED

1. That the Council’s Planning Services’ Local List for additional planning requirements be adopted; and

2. That authority to make minor revisions to the Local List be delegated to the Head of Planning Services in consultation with the Portfolio Holder for Planning and Economic Development.

95 Cabinet 8 October 2008 Reason for Decisions

As part of the Government’s planning reforms it was recommended that each Local Planning Authority adopted a Local List of Planning Requirements, in addition to the National Checklist.

58. Free Swimming: Response to Department of Culture, Media and Sport (DCMS) – Urgent Action under Cabinet Procedure Rule 1.4 (Leisure and Cultural Services Portfolio)

The Cabinet was reminded that at its last meeting held on 10 September, Members had discussed a supplemental agenda item on this matter (minute 46 refers). Members at that meeting had agreed :- (i) that the ‘grant aid offer’ from the Department of Culture, Media and Sport (DCMS) in support of the free swimming initiative be noted; and (ii) that in line with other West Sussex Local Authorities, a response be sent to the Department of Culture, Media and Sport (DCMS) that cautiously welcomed the free swimming proposals, but which reserved the Council’s position with regard to any commitment, pending further clarification on the funding arrangements.

Members noted that further information had now been obtained from the Department of Culture, Media and Sport (DCMS) on the funding arrangements. The response had indicated that:- (i) no further funding would be made available to the Council to support the deficit in funding the over 60’s element, (ii) the anticipated grant to the Council to support the under 16’s programme was £51,000. The initial estimate was that this would be at least £35,000 per annum below the loss of income, (iii) no commitment could be given by DCMS beyond the existing two years funding commitment, (iv) the scheme could not be targeted to Crawley residents only; and (v) the scheme needed to operate at all times, the swimming pool was open and available to the public.

Further to the above responses, of the West Sussex Local Authorities only Chichester District Council had confirmed that they would participate in the scheme. The Council’s representing Adur and Worthing, Arun, Horsham; and Mid Sussex, had confirmed that they would not be participating in the scheme.

DCMS had required local authorities to have confirmed whether or not they would be participating in the scheme by 15 September, and in accordance with Cabinet Procedure Rule 1.4 Urgent Action had been taken and confirmation given to DCMS that the Council would not be partaking in the free swimming initiative.

RESOLVED

That the action taken be agreed.

Reason for Decision

Funding would not be provided to meet the full cost of implementing the proposals.

59. Exclusion of the Public 96 Cabinet 8 October 2008 RESOLVED

That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the item.

60. Appointment of Contractor to deliver the Decent Homes and Stock Investment Work (Housing Portfolio) (Exempt - paragraph 3 – financial and business affairs)

The Cabinet considered report CH/79 of the Head of Crawley Homes, which confirmed that the Council had opted to procure large scale, long term contracts for the delivery of decent homes and planned works over the next four years, to achieve better value for money and customer delivery than the previous piecemeal approach to procuring major works contracts.

RESOLVED

That subject to the mandatory standstill period and thirty day consultation period for leaseholders (to run concurrently), Wates Living Space and Apollo Property Services Group be appointed to deliver the Decent Homes and Stock Investment Work.

Reasons for Decision

1. To deliver the Stock Investment and Planned Maintenance Programme for the Housing Stock; and

2. To achieve the Government’s Decent Homes target.

With the business of the Cabinet concluded, the Chair declared the meeting closed at 8.33pm.

R A LANZER Chair