Council Meeting 27 May 2011

Crawley Borough Council

Minutes of Council 27 May 2011 at 7.30 p.m. Present:

Councillor L A M Burke (Mayor) was in the Chair for Minute Number 1.

Councillor C R Eade (Deputy Mayor)

Councillors M L Ayling, B K Blake, S A Blake, Dr H S Bloom, N Boxall, K Brockwell, B J Burgess, R G Burgess, A L I Burke, R D Burrett, A C W Crane, D G Crow, V S Cumper, C L Denman, L R Gilroy, I T Irvine, M G Jones, S J Joyce, S Kaur, P K Lamb, R A Lanzer, C C Lloyd, B MeCrow, J L Millar-Smith, C Oxlade, B J Quinn, A J E Quirk, D J Shreeves, B A Smith, G Thomas, K J Trussell and K Williamson Also in Attendance:

Mr P Nicolson – Independent Member (Chair of Standards Committee). Mr A Timms – Independent Member (Vice Chair of Standards Committee).

Officers Present:

Lee Harris Chief Executive Ann-Maria Brown Head of Legal and Democratic Services Peter Browning Director of Environment and Housing David Covill Director of Resources Lucasta Grayson Head of People and Technology Phil Rogers Director of Community Services Roger Brownings Democratic Services Officer

1. Mayor’s Presentations and Announcement

At the start of the meeting, the Mayor made a short address to the Council about his Mayoral year. The Mayor thanked his family for their support and encouragement during his year in office, and in so doing made particular reference to his wife, Councillor Ali Burke, for the significant and continuing loyal support she had given him during that term.

In emphasising his great pride and pleasure in serving as Mayor, the Mayor expressed his thanks and appreciation to all those who had supported and contributed towards his charity – and Home Start, for which an appreciable

1 Council Meeting 27 May 2011

amount of money had been raised. He paid tribute again to the marvellous work provided by that organisation.

The Mayor highlighted a number of events that he had attended and had been involved with during his mayoral year. He described his pride in the youth of this town having attended many events, such as those involving local schools, cub groups, youth clubs and the presentation of Duke of Edinburgh awards. A good number of events the Mayor had attended were in connection with the significant amount of voluntary work which continued to be undertaken within the Crawley area, and he reiterated his thanks to all those groups and organisations generally for all their valuable work.

The Mayor referred to the recent achievements of Crawley Town Football Club especially their performances in this year’s FA Cup and their promotion to the Football League. The team had been a real credit to the Town and helped to further promote Crawley in a positive light.

The Mayor thanked all Members of the Council, Officers and all concerned, including his employer, in providing him with so much help and encouragement during the past Mayoral year. In this connection he presented a bouquet of flowers to Hayley Thorne (Mayoral / Members’ P.A. and Members’ Support Officer) and a gift to Bob Donaldson and Graham Jacobs for their Mayoral chauffeuring duties.

The Mayor welcomed the newly elected Members (Councillors C Oxlade and K Williamson) to their first Council meeting.

2. Election of Mayor

It was proposed by Councillor Burrett, seconded by Councillor B J Burgess and

RESOLVED

That Councillor C R Eade be elected as Mayor for the ensuing Council year.

Councillor L A M Burke vacated the Chair.

The newly elected Mayor was invested with the chain, made the statutory Declaration of Acceptance of Office and took the Chair.

In response to the congratulations conveyed by Members of both political groups, the new Mayor thanked the Council for electing her, indicated her great Pride, and conveyed her appreciation to her daughter Lisa, who would be the Mayor’s official Escort for the mayoral year, other members of her family and all concerned in providing their support at this time. She looked forward to working with all Members of the Council during the coming Mayoral year.

The new Mayor announced that she had chosen two charities for this Mayoral year. These were Crawley League of Friends and 4sight.

3. Election of Deputy Mayor

It was proposed by Councillor R G Burgess, seconded by Councillor Dr H S Bloom and

2 Council Meeting 27 May 2011

RESOLVED

That Councillor B K Blake be elected as Deputy Mayor for the ensuing Council year.

4. Minutes

The minutes of the meeting of the Council held on 6 April 2011 were approved as a correct record and signed by the Mayor.

With regard to the issue which had been raised by Councillor Cheshire under Minute No 118 (Questions to Cabinet Members), and in response to comments from Members, Councillor B K Blake confirmed that the stretch of road which exited from the roundabout adjacent to the and led to the Stadium’s entrance, had officially been named as Winfield Way, with street nameplates erected.

5. Vote of Thanks and Presentation of Badges to Retiring Mayor and Mayoress.

The Mayor presented the retiring Mayor and Mayoress with a commemorative Past Mayor’s Badge and a Past Mayoress’ Badge. A photo album commemorating their time in office was also presented.

On behalf of their respective political groups, Councillors Lanzer and Smith conveyed their thanks to the retiring Mayor and Mayoress for all their work during their year in office.

It was moved by Councillor Lanzer, seconded by Councillor Burrett and

RESOLVED

That the thanks and appreciation of the Council be accorded to Councillor L A M Burke, the retiring Mayor, for the manner in which he had carried out his duties during his year in office and for the support given to him by the Mayoress, his wife, Councillor Ali Burke, during that time.

6. Apologies for Absence

Councillors Cheshire, J I Denman and Walker.

7. Results of Elections

The Council received the Returning Officer’s report on the results of the elections held on 5 May 2011.

8. Announcements

No announcements were made.

3 Council Meeting 27 May 2011

9. Members’ Disclosures of Interest

No interests were disclosed.

10. Election of Leader of the Council

The Council considered the report of the Head of Legal and Democratic Services, LDS/ 31. The recommendations were considered as follows:-

First Recommendation (Paragraph 2.1 of the report)

Moved by Councillor Crow, seconded by Councillor Dr H S Bloom and

RESOLVED

That Councillor R A Lanzer be elected as Leader of the Council for the municipal year 2011/2012, in accordance with Article 7 of the Council’s Constitution.

Second Recommendation (Paragraph 2.2 of the report)

Moved by Councillor Lanzer, seconded and

RESOLVED

(1) That the details of those appointed by the Leader to serve as Deputy Leader and Members of the Cabinet and their portfolio responsibilities as set out in the Appendix to report LDS/31, be received. (2) That the delegation of Cabinet functions to Cabinet Members and officers as set out in pages 158–198 of the Constitution as approved by the Council at its meeting on 6 April 2011 and circulated separately to all Members of the Council, be received. (3) That the Terms of Reference and membership of the Town Centre Committee (being the one committee of the Cabinet) as set out on page 199 of the Constitution as approved by the Council at its meeting on 6 April 2011 and circulated separately to all Members of the Council, be received.

11. Adoption of the Constitution

Moved by Councillor Burrett (as Chair of the General Purposes Committee), seconded by Councillor R A Lanzer and

RESOLVED

That the Constitution (as approved by the Council at its meeting on 6 April 2011, and circulated separately to all Members of the Council) be approved.

12. Report of the Membership Committee

The report of the Membership Committee of 18 May 2011 was submitted. The recommendations and minutes were considered, as follows:-

4 Council Meeting 27 May 2011

Recommendation 1 - Minute No. 5 - Appointment of Chairs and Vice Chairs of Committees and their Members

The Membership Committee had agreed (as Recommendation 1) that, on the nominations of the political groups, the Council be recommended that:

(1) Members be appointed to the Committees of the Council as indicated in Appendix A to these Minutes (the Minutes of the 18 May 2011 Membership Committee).

(2) The Chairs and Vice Chairs of the respective Committees be as indicated in Appendix A.

(3) In the case of the Standards Committee, the Chair and Vice Chair (who were to be Independent Members) be appointed at Annual Council.

In the process of Councillor Lanzer moving Recommendation 1, a number of issues were raised:-

Clerical Corrections

(i) That with regard to the second paragraph of Minute No. 5, fourth line down, delete the proportionality figures referred to of “7:3 to 6:4” and replace with “6:4 to 7:3”.

Recommendation 1 (3) – Chair and Vice-Chair of Standards Committee.

Moved by Councillor Lanzer, seconded by Councillor Burrett that:-

(1) Peter Nicolson be appointed as Chair of the Standards Committee for 2011/2012.

(2) Andrew Timms be appointed as Vice Chair of the Standards Committee for 2011/2012.

Upon being put to the Council, the motion was declared to be CARRIED.

Moved by Councillor Lanzer, seconded and

RESOLVED

That, on the nomination of the Political Groups, and subject to the changes set out above, Members be appointed to the Committees of the Council and Chairs and Vice Chairs be appointed to the respective Committees, as indicated in Minute No. 5 of the report, and set out in Appendix A to these minutes.

Recommendation 2 – Minute No. 7 – Appointment of persons on outside organisations to which the Council was invited to make nominations.

The Council considered the appointment of persons on outside organisations to which the Council was invited to make nominations.

The Council acknowledged that subsequent to the Membership Committee meeting, there had been some issues of clarification and confirmation from organisations regarding nominations, whilst issues had arisen for consideration which are set out below:-

5 Council Meeting 27 May 2011

Item 4 - Centre for Public Scrutiny – Scrutiny Champions

Councillor Lanzer asked the Council to note the additional Conservative Group nomination of Councillor A L I Burke.

Outside organisations for which there were more nominations than places available

Where there were more nominations than places available, the Council determined who should be appointed by voting as follows:-

Item 7 (Courage Dyer Recreational Trust)

Councillors Walker and Quinn were nominated for one place. Councillor Walker was appointed.

Item 8 (Crawley & Ifield Education Foundation, formerly Sarah Nash Charity)

Councillors R G Burgess and Oxlade, were nominated for one place. Councillor R G Burgess was appointed.

Item 9 (Crawley Arts Council)

Councillors Cumper and Thomas were nominated for one place. Councillor Cumper was appointed.

Item 11 (Crawley Council for Voluntary Service)

Councillors Eade, Kaur and Quinn were nominated for two places. However, Councillor Eade withdrew her nomination. Councillors Kaur and Quinn were appointed.

Item 12 (Crawley Ethnic Minority Partnership)

Councillors Dr H S Bloom and Oxlade were nominated for one place. Councillor Dr H S Bloom was appointed.

Item 30 (Court of the University of Sussex)

Councillors Burrett and Jones were nominated for one place. Councillor Burrett was appointed.

Moved by Councillor Lanzer, seconded and

RESOLVED

That representatives be appointed to the bodies and organisations as indicated in Appendix B to these minutes.

Recommendation 3 – Minute No. 9 – Calendar of Meetings 2011 / 2012

The Council considered a proposed cycle of meetings of the Council, Cabinet and Committees for the period to May 2012, which the Cabinet had endorsed at its meeting on 9 February 2011.

Moved by Councillor Lanzer, seconded and

6 Council Meeting 27 May 2011

RESOLVED

That the calendar of Council, Cabinet and Committee meetings for 2011 / 2012 as set out in Appendix D to the report, be confirmed.

13. Closure of Meeting

The meeting ended at 8.40 p.m.

C R Eade Mayor

7 Council Meeting 27 May 2011

Appendix A

Crawley Borough Council

Appointments to Committees 2011/12

Development Control 9 : 5

Councillor:-

S A Blake (Vice Chair) A C W Crane K Brockwell I T Irvine A L I Burke S J Joyce L A M Burke D J Shreeves C L Denman G Thomas J I Denman (Chair) B MeCrow A J E Quirk K Williamson

General Purposes Committee 6 : 4

Councillor:-

A L I Burke M L Ayling (Vice Chair) R D Burrett (Chair) S J Joyce D G Crow P K Lamb C R Eade C Oxlade R A Lanzer L A Walker

Audit and Governance Committee 4 : 2

Not more than one member shall be a Cabinet member and that Member shall not Chair the Committee.

Councillor:-

B K Blake I T Irvine (Vice Chair) C R Eade C C Lloyd A J E Quirk (Chair) L A Walker

8 Council Meeting 27 May 2011

Licensing Committee 10 : 5

Between 10 and 15 Members with a quorum of 10 when dealing with matters under the Licensing Act 2003

Councillor:-

B K Blake M G Jones N Boxall P K Lamb B J Burgess C Oxlade V S Cumper (Vice Chair) B J Quinn L Gilroy D J Shreeves S Kaur B MeCrow (Chair) J L Millar-Smith K Trussell K Wiliamson

Licensing Sub-Committee 10 : 5

A minimum of three members will be called upon to determine any given application and a Chair will be appointed at each meeting. (Membership should be the same as that of Licensing) Councillors

B K Blake M G Jones N Boxall P K Lamb B J Burgess C Oxlade V S Cumper B J Quinn L Gilroy D J Shreeves S Kaur B MeCrow J L Millar-Smith K J Trussell K Williamson

9 Council Meeting 27 May 2011

Standards Committee (plus four independent members) 4 : 2

 No more than one Member of the Cabinet (but not the Leader) may serve on the Standards Committee.  Must be composed of at least three councillors and three independent members.  At least 25% of the membership shall be independent members  An independent member should be appointed to chair the Standards Committee. Chair and Vice-Chair appointments usually left to Standards Committee to decide.  No substitute member(s) to be appointed.

Councillor:-

Dr H S Bloom M G Jones R G Burgess D J Shreeves L A M Burke R D Burrett

Independent Members

B Jones S Moore P Nicolson Chair A Timms Vice Chair

Standards Sub-Committees (as required) will be appointed by the Monitoring Officer, in consultation with the Chair of the Standards Committee and will consist of not less than three members of the Standards Committee.

Overview and Scrutiny Commission 7 : 3

All non- Cabinet members

Councillor:-

Dr H S Bloom (Chair) M G Jones (Vice Chair) B J Burgess C C Lloyd R G Burgess B J Smith A L I Burke J I Denman J L Millar-Smith A J E Quirk

10 Council Meeting 27 May 2011

Appointments and Investigating Committee

As far as possible, a politically balanced panel of between 3 and 7 members will be drawn from the following membership. (Any panel making recommendations relating to the appointment of the Chief Executive shall consist of seven members (with a quorum of five), whilst a panel appointing a Director shall consist of six members (with a quorum of four). Head of Service appointments shall be made by a panel of five (with a quorum of three)). (Note: Political groups may add further names to the pool if they so wish) :-

Councillor:- Councillor:-

B K Blake I T Irvine N Boxall M G Jones K Brockwell S J Joyce B J Burgess C C Lloyd R D Burrett C Oxlade D G Crow B A Smith V S Cumper C L Denman J I Denman C R Eade L R Gilroy R A Lanzer B MeCrow J L Millar-Smith A J E Quirk K J Trussell L A Walker

Staff Appeals Board

Each Board to comprise three members with a quorum of three from the following panel (the members of the panel to include at least one Member of the opposition):-

Councillor:- Councillor:-

K Brockwell M G Jones R G Burgess C C Lloyd R D Burrett D J Shreeves D G Crow C L Denman C R Eade L R Gilroy S Kaur R A Lanzer B MeCrow

11 Council Meeting 27 May 2011

Grants Appeals Panel – Not to include any Cabinet member involved in the decision on the grant application(s). As far as possible, a politically balanced panel of 5 members will be drawn from the following membership.

Councillor:- Councillor:-

S A Blake C A Cheshire A L I Burke B J Quinn L A M Burke (Chair) D J Shreeves J I Denman C R Eade

12 Council Meeting 27 May 2011

APPENDIX B Crawley Borough Council

Outside Organisations to which the Council is invited to make nominations 2011/12

Name of Organisation Representative / Deputy 2011/12 1. Addaction (Crawley and V S Cumper Worthing Project Advisory I T Irvine Committee) Still waiting for clarification from Addaction regarding number of places available. (Only one nomination had previously been invited).

2. Age UK – – B MeCrow Advisory Committee (previously for Age Concern Centre)

3. Broadfield Youth and L R Gilroy Community Centre General B J Quinn Council. I T Irvine (Deputy)

4. Centre for Public Scrutiny – Dr H S Bloom Scrutiny Champions** A L I Burke M G Jones B A Smith

Nominations from each Political Group invited which should include the Chair and Vice-Chair of OSC.

5. Central Crawley K Williamson Conservation Area Advisory A C W Crane Committee G Thomas

Northgate, Southgate and West Green Wards must be represented.

13 Council Meeting 27 May 2011

Name of Organisation Representative / Deputy 2011/12 6. Countryside Access Forum D G Crow for West Sussex (CAFWS).  Nominations are received by WSCC  Not a CBC nomination as such.  Confirmation received from CAFWS that Councillor Crow is to remain a Member of that Forum for the coming year.

7. Courage Dyer Recreational S A Blake (to March 2013) Trust L A Walker (to July 2015) J G Smith (to July 2013) C R Eade (ex-officio as Mayor)

 4 year appointments  only one new nomination required for 2011/12 (wef July).  Once appointed, not required to remain a Councillor.  Only 4 nominations acceptable.

8. Crawley & Ifield Education R G Burgess Foundation (formerly Sarah Nash Charity) Only one nomination invited.

9. Crawley Arts Council V S Cumper (plus Head of Arts)

Only one nomination invited excluding Kevin Eason (Head of Arts)

10. Crawley Community A J E Quirk Transport (Formerly known as Crawley Dial-a-Ride)

11. Crawley Council for S Kaur Voluntary Service B J Quinn

Only 2 nominations invited.

14 Council Meeting 27 May 2011

Name of Organisation Representative / Deputy 2011/12 12. Crawley Ethnic Minority Dr. H S Bloom Partnership

13. Crawley Museum Society K J Trussell B J Quinn G Thomas (plus Head of Arts)

14. Crawley Open House. N Boxall R D Burrett M L Ayling (plus officer from Housing and Planning Strategic Services)

15. Crawley Town Twinning Dr. H S Bloom Association C R Eade B A Smith

16. Development Control S A Blake North Committee J I Denman (Horsham DC) B MeCrow A L I Burke (substitute) S J Joyce A C W Crane (substitute)

 All nominated to serve as co-opted Members.  Must be Members of the Development Control Committee.

17. 4sight (Formerly West C R Eade Sussex Association for the Blind – Crawley Area Committee)

18. Forestfield and Shrublands D G Crow Conservation Area Advisory C R Eade Committee

19. Friends of Goffs Park Dr. H S Bloom

20. Community S A Blake Trust Cllr Blake appointed for a 4 year office in 2008 to represent Crawley BC, Horsham DC and Mid Sussex DC.

21. Horsham and Crawley B J Burgess Counselling Service

15 Council Meeting 27 May 2011

Name of Organisation Representative / Deputy 2011/12 22. Ifield Park Care Home No nominations be made. Limited (formerly Ifield Park Housing Society) CBC reps, Cllrs C A Cheshire & G Thomas, both recommend that no nominations be made.

23. Ifield Village Conservation B K Blake Area Advisory Committee A L I Burke J I Denman C Oxlade

24. London & Quadrant L R Gilroy (as Cabinet Housing Trust Member for Housing) B J Quinn (Deputy)

Organisation willing to accept a representative and a deputy.

25. Mears Home Improvements L R Gilroy – West Sussex (North) S J Joyce Advisory Group (previously Anchor Staying Put)

26. Mid Sussex and Crawley L R Gilroy (as Cabinet Home Improvement Agency Member for Housing) Steering Group

27. Relate D J Shreeves North & South West Sussex

28. Sarah Robinson L A M Burke Educational Foundation. B J Quinn A Quine

16 Council Meeting 27 May 2011

Name of Organisation Representative / Deputy 2011/12 29. South East Employers

 Overview and Scrutiny Dr H S Bloom (as Chair of Elected Members’ OSC) Network** (being M G Jones (as Vice-Chair of abolished/merged) OSC)

 New for 2011/12 - SEE intend to merge Local Democracy and Overview and Scrutiny Accountability Network Elected Member Networks into a new Local Democracy and Accountability Network for Councillors from Sept 2011. Will seek nominations once received invitation to new Network from SEE (likely to be open to all Councillors).

30. Court of the University of R D Burrett Sussex Membership reviewed by University recently and only one place to be made available.

31. West Sussex Health R G Burgess Overview and Scrutiny Committee ** Must be a Member of the OSC.

32. West Sussex Joint Scrutiny Dr. H S Bloom (as Chair of Steering Group ** the OSC)

33. West Sussex Mediation S J Joyce Service Management Committee

34. Worth Conservation Area L A M Burke Advisory Committee. C L Denman R A Lanzer

35. Youth Centres Management Committees and Advisory Groups:- a. Youth Centre M L Ayling Advisory Group

17 Council Meeting 27 May 2011

Name of Organisation Representative / Deputy 2011/12 b. Crawley Youth Centre Crawley Youth Centre is Management Committee no longer part of WSCC Youth Service and now operates as a charitable organisation & limited liability company. The CYC has confirmed that nominations are no longer required. c. Dormans Youth Arts Centre B MeCrow Management Committee d. Ifield Youth Wing Advisory A L I Burke Group J I Denman C Oxlade

(Advisory Group willing to make 3 places available) e. Langley Green Youth D J Shreeves Centre Management Committee f. Oriel Youth Wing Advisory L A Walker Group

** These appointments were/are made by the Overview and Scrutiny Commission.

18 Development Control Committee 28 March 2011

Crawley Borough Council

Minutes of Development Control Committee 28 March 2011 at 7.30pm Present: Councillor J I Denman (Chair)

Councillors L A M Burke, A C W Crane, C L Denman, I T Irvine, S J Joyce, D P Kavanagh, B MeCrow, A J E Quirk , D J Shreeves and K J Trussell

Also in Attendance:

Councillors B J Burgess and R A Lanzer

Officers Present:

Kevin Carr Principal Lawyer Jean McPherson Principal Planning Officer Kay Molloy Democratic Services Officer Marc Robinson Senior Planning Officer

Apologies for Absence:

Councillors ALI Burke, S A Blake, K Brockwell and B J Quinn

80. Minutes

The minutes of the meeting of the Committee held on 7 March 2011 were approved as a correct record and signed by the Chair subject to a small typo amendment in minute 74 i.e. Council C L Denman's disclosure of interest should refer to minute 75 and not 76.

81. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillor C L Denman had been lobbied regarding application CR/2011/0005/OUT.

Councillor A C W Crane had been lobbied regarding application CR/2011/0037/FUL.

Councillors A C W Crane, C L Denman, J I Denman, I T Irvine, S J Joyce, D P Kavanagh, B MeCrow, A J E Quirk, D J Shreeves and K J Trussell had been lobbied regarding application CR/2011/0064/COU.

19 Development Control Committee 28 March 2011

Councillor C L Denman had been lobbied regarding application CR/2011/0073/FUL.

Councillors A C W Crane, C L Denman, J I Denman, I T Irvine, S J Joyce, D P Kavanagh, B MeCrow, A J E Quirk, D J Shreeves and K J Trussell had been lobbied regarding application CR/2011/0081/LBC.

82. Members’ Disclosure of Interests

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 83 CR/2011/0064/COU Personal and Non I T Irvine Broadfield House, Prejudicial Interest in Brighton Road, the item as he was a Broadfield member of the Friends of Broadfield Park Councillor Minute 83 CR/2011/0081/LBC Personal and Non I T Irvine Broadfield House, Prejudicial Interest in Brighton Road, the item as he was a Broadfield member of the Friends of Broadfield Park Councillor Minute 83 CR/2011/0064/COU Personal and Non A J E Quirk Broadfield House, Prejudicial Interest in Brighton Road, the item as he was a Broadfield member of the Friends of Broadfield Park Councillor Minute 83 CR/2011/0081/LBC Personal and Non A J E Quirk Broadfield House, Prejudicial Interest in Brighton Road, the item as he was a Broadfield member of the Friends of Broadfield Park

83. Planning Applications List

The Committee considered report PES/025 of the Head of Planning and Environmental Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PES/025 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2011/0005/OUT Outline planning permission for demolition of existing house and erection of 9 x 2 bed apartments, 3 x 3 bed terraced dwellings and 2 x 4 bed semi-detached dwellings at Crossways, Balcombe Road, .

Two Objectors (Mr Barbour and Mrs J Loosemore) addressed the meeting.

20 Development Control Committee 28 March 2011

Mr Barbour, speaking on behalf of the Residents Association, told the Committee that he considered the planning officer's report to be comprehensive and he therefore focused on matters relating to the ASEQ (Areas of Special Environmental Quality). Crossways fell inside the ASEQ area of Blackwater Lane. Specifically, he felt the buildings to be of considerable bulk and height and were in no way sympathetic to the area of Blackwater Lane, detracting greatly from the quality of the established buildings and street scene.

Mrs Loosemore then addressed the meeting on behalf of the residents at 25 Blackwater Lane and read out a statement from Joanne Gibbs. This statement objected strongly to the application on the grounds of privacy, noise, light pollution, proximity and dominance. It also stated that the high density proposal was wholly inappropriate on a site forming part of an ASEQ.

Councillor R A Lanzer, Ward Member, also addressed the meeting objecting to this application and felt the principles underpinning an ASEQ should be upheld. He highlighted paragraphs 5.5 and 5.6 of the officer's report and the important rights of way. He also referred to the under provision of parking, considerable mass and dominance, high density and the fact that 25 Blackwater Lane would be significantly overlooked. He considered the application to be totally unsatisfactory and urged the Committee to refuse the application as recommended by the report.

The agent, Mr Woods of W S Planning, then addressed the meeting. He quoted PPS3 and the efficient use of land for housing purposes. He emphasised that it was an outline scheme and felt that safe access to the site had now been achieved. He acknowledged that the site was within the ASEQ but that it faced the Balcombe Road and was screened by a number of trees. He pointed out that the Council's arboricultural officer had raised no objection to the proposal. The developers considered the level of car parking to be acceptable and said that his clients had not had the opportunity to agree or disagree a contribution with regard to infrastructure provisions.

Councillors A C W Crane, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had attended the site visit.

Councillor K J Trussell had visited the site independently.

The Principal Planning Officer presented the report and Members noted the key considerations which were set out in paragraph 5.4. Members discussed the proposal and felt there was clear justification for the ASEQ. They agreed that the Council had a flexible approach to

21 Development Control Committee 28 March 2011

parking but that it needed to be sustainable. They considered the proposal to be very cramped and out of character and did not consider that access to the site was safe or that adequate parking had been provided. Members were unanimous in their refusal of this application.

Refused for the following reasons:

1. The proposed development by virtue of its scale, form and layout would be out of keeping with the character and appearance of the street scene, and the surrounding area, including the Area of Special Environmental Quality, and would therefore be contrary to policies GD1, GD2 and BN10 of the adopted Crawley Borough Local Plan 2000, policy EN5 of the LDF Core Strategy 2007 and Planning Policy Statement 1.

2. The proposed development by virtue of its close relationship to the trees on the site's boundaries would adversely affect the health and amenity of these trees and would result in future pressure for works to the trees which would be detrimental to the visual amenities of the street scene and the character of the ASEQ, contrary in particular with policies GD1, GD2, GD7 and BN10 of the Crawley Borough Local Plan 2000 and SPG5 - Residential Extensions and SPG6 - Trees.

3. The proposal does not provide adequate parking and would increase the pressure for on street parking in the area where it is inappropriate and would raise highway safety issues, contrary to Policy GD3 of the Crawley Borough Local Plan 2000 and the advice in SPD1 'Planning Obligations and S106 Agreements'.

4. An agreement is not in place to ensure that the appropriate infrastructure provisions to support the development and the development is therefore contrary to ‘saved’ 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 2007 and Supplementary Planning Document ‘Planning Obligations and S106 Agreements’.

* CR/2011/0037/FUL Demolition of existing hostel and construction of 7 x one bedroom and 6 x two bedroom self contained flats at 70 Spencers Road, West Green, Crawley.

Councillors A C W Crane, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had attended the site visit.

The Senior Planning Officer provided a verbal update and Members noted that a further letter of objection had been received concerning the character of the building in this area. All members agreed the need for social

22 Development Control Committee 28 March 2011

housing but some members also expressed concern that the building was out of character and too big.

That the Head of Planning & Environmental services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes, land/finished floor levels, windows, landscaping scheme, planting, hard landscaping screen walls/fences, aerial facilities, parking/turning, access, surface water discharge, temporary parking/loading and unloading, stacking and storage, vehicle wheel-cleaning facility, cycle parking spaces, Noise Exposure Category, bin store and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 regarding transport and open space contributions.

* CR/2011/0052/ADV Erection of x 1 externally illuminated fascia sign at 9 Grand Parade, High Street, West Green, Crawley.

The Principal Planning Officer provided a verbal update and it was noted that the applicants had supplied an amended plan to address the concerns expressed by the Central Crawley Conservation Area Advisory Committee. This committee had considered the amended plan and raised no objection. The proposal was to remove the existing internal illumination and install four downlights under the existing sofit of the shopfront so that these fittings would be less conspicuous than the spotlights previously proposed. The current shiny steel lettering would be refurbished with a brushed steel effect, further reducing the prominence of these letters. Members noted that there were a number of other newer signs along this section of the High Street which did not have consent and work was in progress to address these breaches.

Consent granted subject to standard advertising conditions.

* CR/2011/0064/COU Change of use of building and part of park to school, refurbishment, alterations and creation of glazed canopy walkway. Alterations to landscape design (amended plans and additional information received) at Broadfield House, Brighton Road, Broadfield, Crawley.

One Objector (Mrs I Young) and Mr R Ward (Chair, Friends of Broadfield Park) addressed the meeting. The Applicant (Mr A Snowdon, ), also addressed the meeting.

Mr Snowdon told Members that interest/demand for the school had been substantial. He confirmed that they were in favour of a path around the southern edge of the park, subject to the Council's approval as the landowner. He also pointed out there was no intent at this stage to

23 Development Control Committee 28 March 2011 expand and that the ethos of the school was to remain small. In addition, any removal of trees would be minimal. He felt the parking issue had been addressed with the agreement with K2, breakfast club and staggering of school times together with car pooling. In conclusion, he felt the school was a fitting use of a listed building which had fallen into a bad state of repair and would now be restored and maintained.

Mr Ward told the Committee that the Friends of Broadfield Park were broadly supportive of the proposal but had some reservations. They considered access to Broadfield Park would be severely restricted and suggested a 2m pathway all round the outside perimeter. They would also like to see the minimum number of trees removed and considered that they acted as a sound barrier to the A23. Concerns were also raised about the parking in Highwood Park, access to the park by maintenance vehicles and the impact of the extra traffic on the road leading to the car park.

Mrs Young outlined her main objections with regard to parking, access and quiet enjoyment of the park and future use.

Councillors A C W Crane, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had attended the site visit.

Councillor K J Trussell had visited the site independently.

The Senior Planning Officer provided a verbal update and Members noted that 11 representations had been received. The letters were generally in support of a school in this location. An additional objection contained concerns with regard to access, parking and the impact on neighbouring streets. Members also noted the following amendments to the report: paragraph 5.12 - "12 parking spaces" should now be "10 parking spaces" and "in excess of 20 spaces" should now be "in excess of 22 spaces" and it was observed that the total would still be 32. An initial objection from WSCC on highways ground had been removed following the submission of a Green Travel Plan and further additional information. The relevant policies were set out in the report and particular attention was drawn to ICS3 of the Core Strategy (Providing for Educational Needs) and PPS7 (Sustainable Development in Rural Areas and PPS5 (Planning for the Historic Environment). Members noted access arrangements for the site. They were concerned about the loss of boundary access and the use of K2 for overflow parking.

24 Development Control Committee 28 March 2011

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, use, materials/finishes, landscaping scheme, planting, walls/ fences, external/floodlighting, public address/ sound amplification system, car parking, School Travel Plan, pedestrian link, cooking extract system, bin storage, and cycle storage. It was agreed that condition 12 be amended to read as follows:

a) The school shall not be occupied until details (including the footpath specification), in respect of the pedestrian link between the A23 pedestrian controlled crossing and the Broadfield Park pedestrian route, (area 2 as identified on the indicative footpath link drawing, dated 17-03-2011), and the second pedestrian link between the access road into the park and around the eastern and southern boundaries of Broadfield House have been submitted to and approved in writing by the Local Planning Authority. b). The School shall not be occupied until the details in a) have been completed on site. REASON: To provide adequate access to the site in accordance with Policy T1 of the Crawley Borough Council Local Development Framework 2008

* CR/2011/0073/FUL Retrospective application for the use of car park for up to 54 cars at any one time within Area A between the hours of 07.30 and 18.00 by employees of club sponsors unrelated to specific sporting activity and the surfacing of Area B at Football Club, Jubilee Walk, Three Bridges, Crawley.

Councillor B J Burgess, Ward Member, addressed the meeting in support of this application and expressed the view that it would alleviate the parking situation in the local area.

Councillors B J Burgess, A C W Crane, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had attended the site visit.

Councillor K J Trussell had visited the site independently.

The Principal Planning Officer presented the report and Members noted the proposal which sought retrospective planning permission for use of an area laid with hardstanding for parking unconnected with the site's use as a football ground. It was noted that 54 of the 79 spaces were used by nearby businesses and that any change in business would require a change in condition. Members were in favour of the proposal but were disappointed that the application had been submitted retrospectively.

25 Development Control Committee 28 March 2011

Permitted subject to standard detailed conditions concerning permission time limit, sponsor company vehicles, hours of use and management/monitoring. It was agreed to amend condition 4 to read "....for use by employees of sponsors Vines and the Paymaster/Xafinity ..."

CR/2011/081/LBC Listed building consent for change of use to school, refurbishment, alterations and creation of glazed canopy walkway at Broadfield House, Brighton Road, Broadfield, Crawley.

Councillors A C W Crane, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had attended the site visit.

Councillor K J Trussell had visited the site independently.

The Senior Planning Officer provided a verbal update and Members noted that relatively few changes were proposed to the outside of the building.

Consent subject to standard detailed conditions concerning permission time limit, Decision Notice, new openings, new balustrades, downstairs children's toilets, cooking extract system, canopy and new ramps/gates.

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

84. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 10.05pm.

(NB The meeting adjourned for a five-minute break at 9.10pm after the Broadfield House application had been determined and resumed at 9.15pm)

J I DENMAN Chair

26 Development Control Committee 18 April 2011

Crawley Borough Council

Minutes of Development Control Committee 18 April 2011 at 7.30pm Present: Councillor J I Denman (Chair)

Councillor S A Blake (Vice–Chair)

Councillors K Brockwell, ALI Burke, L A M Burke, A C W Crane, C L Denman, I T Irvine, S J Joyce, B MeCrow, and K J Trussell

Also in Attendance:

Councillor R A Lanzer

Officers Present:

Paul Fairham Development Control Manager Jean McPherson Principal Planning Officer Manson Kendall Principal Lawyer - Property Kay Molloy Democratic Services Officer Angela Tanner Head of Planning & Environmental Services

Apologies for Absence:

Councillors D P Kavanagh, B J Quinn, A J E Quirk and D J Shreeves

85. Minutes

The minutes of the meeting of the Committee held on 23 March 2011 were approved as a correct record and signed by the Chair.

86. Lobbying Declarations

No lobbying declarations were made.

87. Members’ Disclosure of Interests

No disclosures of interests were made.

27 Development Control Committee 18 April 2011

88. Planning Applications List

The Committee considered report PES/026 of the Head of Planning and Environmental Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PES/026 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-

CR/2011/0071/FUL Restoration of as part of the mitigation and enhancement measures associated with the upper Mole flood alleviation scheme, involving changing the course of the stream to a new, more natural course through the middle of the park and the use of excavated material to backfill most of the existing concrete channel at Grattons Park, Grattons Drive, Pound Hill, Crawley.

Councillor A C W Crane had attended the site visit.

Councillors K Brockwell and K J Trussell had visited the site independently.

Permitted subject to no adverse comments being received from statutory consultees by 26 April 2011 and to standard detailed conditions concerning permission time limit, Decision Notice, planting, vehicle wheel- cleaning facility and stacking and storage.

* CR/2011/0094/FUL Installation of a 17.5m high street works pole including 6 No. Antenna with shroud and ground level cabinet in Worth Park Avenue, Pound Hill Crawley.

Councillor R A Lanzer, Ward Member for Pound Hill South and Worth, addressed the meeting. Councillor Lanzer pointed out that the tree screen was deciduous and therefore not permanent. He told the meeting that he felt the mast would be an intrusion on the street scene and expressed concern with regard to the enforcement of the colour green as stipulated in the condition. He asked the committee to refuse this application.

Councillor A C W Crane had attended the site visit.

Councillors S A Blake, K Brockwell, L A M Burke, C L Denman and B MeCrow, had visited the site independently.

28 Development Control Committee 18 April 2011

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, method statement and colour/finish.

CR/2011/0127/ADV Erection of 1 x non illuminated oak notice board at the Co-op, 6 Square, Maidenbower, Crawley.

Consent granted subject to standard advertising conditions.

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

89. Confirmation of Tree Preservation Order, Hanover Close No.1,

The Committee considered report PES/027 of the Head of Planning and Environmental Services. The report stated that an emergency Tree Preservation Order had taken effect from 8 December 2010. The Order related to three trees situated in the communal garden of Hanover Close, Tilgate, Crawley.

The Council had received one representation objecting to the Order on the following grounds: prevention of natural light, overcrowding of trees and danger of the closest branches contacting windows. Consideration had been given to the representation made on behalf of the neighbour and the trees had been inspected by the Council's Arboricultural Officer. He concluded that the trees were healthy and worthy of protection and that the particular tree closest to the neighbour was not subject to the order due to its close relationship to the flats.

RESOLVED

That provisional Tree Preservation Order P16.11.7 Hanover Close be confirmed.

90. Confirmation of Tree Preservation Order, Hawth Close No.3, Southgate

The Committee considered report PES/028 of the Head of Planning and Environmental Services. The report stated that an Emergency Tree Preservation Order had taken effect from 8 December 2010. The Order related to three trees situated in the rear garden of 17 Hawth Close, Southgate, Crawley.

The Council had received one representation objecting to the Order on the following grounds: no amenity value, on clay soil and therefore too close to 17/18 Hawth Close and suggestion of a variation of the Order to retain the most visible tree (T1) whilst lifting the Order on T2 and T3.

Consideration had been given to the representation made on behalf of the neighbour and the trees had been inspected by the Council's Arboricultural Officer. He concluded that the trees did have significant amenity value and that unless evidence could be provided implicating the trees for potential damage, then this argument could not be considered. The neighbour had not claimed that the trees were implicated in any current issues relating to damage to properties, but it was noted that if this were to become an issue in the future, this could be dealt with on its own merits.

29 Development Control Committee 18 April 2011

RESOLVED

That provisional Tree Preservation Order P16.9.55 Hawth Close be confirmed.

91. Development Control Manager

The Committee noted that Paul Fairham, after 37 years working for Crawley Borough Council, would be retiring at the end of April. This would be the last meeting that Paul would attend in his position as Development Control Manager. The Committee thanked Paul for the advice and service he had provided over the years, and for the significant hard work and dedication he had shown in his role as Development Control Manager.

92. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 8.17pm.

J I DENMAN Chair

30 Development Control Committee 6 May 2011

Crawley Borough Council

Minutes of Development Control Committee 6 May 2011 at 6.30pm Present: Councillor J I Denman (Chair)

Councillor S A Blake (Vice–Chair)

Councillors ALI Burke, L A M Burke, A C W Crane, C L Denman, I T Irvine, S J Joyce, B MeCrow, B J Quinn, A J E Quirk , D J Shreeves and K J Trussell

Also in Attendance:

Councillor B K Blake

Officers Present:

Manson Kendall Principal Lawyer – Property Mez Matthews Democratic Services Officer Jean McPherson Group Manager (Development Management) Marc Robinson Principal Planning Officer Angela Tanner Head of Planning & Environmental Services

Apology for Absence:

Councillor D P Kavanagh

93. Minutes

The minutes of the meeting of the Committee held on 18 April 2011 were approved as a correct record and signed by the Chair subject to the following amendment: minute 85 – Amend to read “The minutes of the meeting of the Committee held on 23 March 2011 were approved as a correct record and signed by the Chair”.

94. Lobbying Declarations

The following lobbying declaration was made by a Member:-

Councillor ALI Burke had been lobbied regarding application CR/2011/0155/FUL.

31 Development Control Committee 6 May 2011

95. Members’ Disclosure of Interests

The following disclosure of interest was made by a Member:-

Member Minute Subject Nature of Disclosure Number Councillor B Minute 96 CR/2011/0152/FUL Personal and Prejudicial MeCrow Interest in the item. Councillor B MeCrow withdrew from the meeting whilst the item was discussed and took no part in the discussion.

96. Planning Applications List

The Committee considered report PES/029 of the Head of Planning and Environmental Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PES/029 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2011/0105/FUL Extension of time limit for CR/2008/0018/FUL – demolition of existing petrol filling station and erection of 14 unit apartment house at Oak Trees Filling Station, 114 London Road, Northgate.

The Principal Planning Officer provided a verbal update.

That the Head of Planning and Environmental Services be authorised to approve the application subject to standard detailed permission time limit, Decision Notice, materials / finishes, land levels / retaining walls / finished floor levels, windows (ground floor, north facing), landscaping, landscaping scheme, screen walls / fences, combined aerial / satellite facilities, roof, cycle store, parking spaces / turning facilities / garages, crossover, surface water discharge, access(es), loading / unloading, stacking and storage, wheel-cleaning facilities, noise exposure, burning of material, contamination scheme, bird hazard management plan and upon the conclusion of a Section 106 Unilateral Agreement relating to the provision of open space, education, fire and rescue and total access demand.

Should the Unilateral Agreement fail to be completed within the 13 week time period which expires on 26 May 2011 and unless there are exceptional reasons for the

32 Development Control Committee 6 May 2011

delay, the Head of Planning and Environmental 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 Document 1 “Planning Obligations and Section 106 Agreements”.

CR/2011/0143/FUL Extension of existing car parking area to provide additional car parking spaces at Mecure London Gatwick Hotel, Povey Cross Road, Langley Green, Horley, Surrey.

The Group Manager (Development Management) provided a verbal update.

Permitted subject to standard detailed permission time limit and Decision Notice.

CR/2011/0147/FUL Retrospective application for ATM at Broadfield Premier, 20-22 Broadfield Barton, Broadfield, Crawley.

Councillor A J E Quirk had visited the site independently.

The Principal Planning Officer provided a verbal update.

Concern was raised regarding other ATM machines in the vicinity and the Group Manager confirmed that the matter would be investigated.

Permitted.

CR/2011/0148/ADV Retrospective application for 1 x internally illuminated ATM surround sign at Broadfield Premier, 20-22 Broadfield Barton, Broadfield, Crawley.

Councillor A J E Quirk had visited the site independently.

The Principal Planning Officer provided a verbal update.

Consent subject to permission of owner, siting of advertisement, maintenance of advertisement, maintenance of structure / hoarding, removal of advertisement .

CR/2011/0151/FUL Change of use from areas of green space to on-street parking spaces, footpaths and extensions to carriageway and construction of these facilities on land at Latimer Close, Langley Green, Crawley.

33 Development Control Committee 6 May 2011

The Group Manager provided a verbal update.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, landscaping, stacking / storage and tree / bush / hedge retention.

* CR/2011/0152/FUL Removal of areas of verge, footpath and green space to form additional on-street parking spaces on land at Medway Road, , Crawley.

Councillor B MeCrow, having declared a Personal and Prejudicial Interest in the item, withdrew from the room whilst the item was discussed, and returned only to make representations.

The Principal Planning Officer provided a verbal update.

Councillor B MeCrow, as Ward Councillor, addressed the Committee and informed the Committee that the application related to an area which was significantly affected by lack of parking. Councillor MeCrow stated that additional parking was necessary and was welcomed by the residents.

Councillor B K Blake, as Ward Councillor and Cabinet Member for Environmental Services, addressed the Committee and reiterated Councillor B MeCrow’s representation. Councillor B K Blake stated that the application would increase safety measures as it would alleviate parking stress in the area.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, paving / construction, landscaping, stacking / storage, tree / bush / hedge retention.

CR/2011/0155/FUL Construction of a vehicular crossover and hard standing at 87 Ifield Drive, Ifield, Crawley

The Principal Planning Officer provided a verbal update.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, visibility splays and materials / finishes.

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

97. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 7.10pm. J I DENMAN Chair

34 Development Control Committee 6 June 2011

Crawley Borough Council

Minutes of Development Control Committee 6 June 2011 at 7.30pm Present: Councillor J I Denman (Chair)

Councillors K Brockwell, ALI Burke, L A M Burke, A C W Crane, C L Denman, I T Irvine, S J Joyce, B MeCrow, D J Shreeves and G Thomas

Also in Attendance:

Councillor B A Smith

Officers Present:

Marie Bolton Principal Planning Officer Manson Kendall Principal Lawyer – Property Kay Molloy Democratic Services Officer Jean McPherson Group Manager (Development Management) Angela Tanner Head of Planning & Environmental Services

Apologies for Absence:

Councillors S A Blake, A J E Quirk and K Williamson

1. Minutes

The minutes of the meeting of the Committee held on 6 May 2011 were approved as a correct record and signed by the Chair.

2. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillors J I Denman, K Brockwell, A L I Burke, L A M Burke, C L Denman, I T Irvine, S J Joyce, B MeCrow, D J Shreeves and G Thomas had been lobbied regarding application CR/2011/0163/FUL.

35 Development Control Committee 6 June 2011

3. Members’ Disclosure of Interests

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 4 ENF/2010/0148: Personal and Prejudicial C L Denman Proposed service of Interest in the item as an Enforcement the subject of the Notice to secure enforcement was a compliance with the personal friend. removal of an Councillor C L Denman unauthorised withdrew from the children’s playhouse meeting while the item was discussed and took no part in the discussion. Councillor Minute 4 ENF/2010/0148: Personal and Prejudicial J I Denman Proposed service of Interest in the item as an Enforcement the subject of the Notice to secure enforcement was a compliance with the personal friend. removal of an Councillor J I Denman unauthorised withdrew from the children’s playhouse meeting while the item was discussed and took no part in the discussion.

4. Planning Applications List

The Committee considered report PES/032 of the Head of Planning and Environmental Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PES/032 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2011/0095/FUL Change of use of 1st and 2nd floors from B1 (Business) to D1 (Dental Clinic) at First Choice House, London Road, Langley Green, Crawley.

Councillors K Brockwell and G Thomas had visited the site independently.

The Group Manager provided a verbal update and Members noted that Condition 3 in the report had been made more precise and altered to read as follows: "The 1st and 2nd floor of the premises shall be used only as a dental surgery and not for any other purposes within

36 Development Control Committee 6 June 2011

the definition of Use Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended). Reason: In order that subsequent proposals for these floors are controlled to meet the operational requirements of any new use and the wider building in accordance with 'saved' policy GD3 of the Crawley Borough Local Plan 2000 and SPD1 Planning Obligations and S106 Agreements"

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, use (as amended), car parking plan, secure cycle parking plan and a Green Travel Plan.

CR/2011/0140/FUL Erection of a new front entrance porch and hard standing area at 32 Cloverlands, Northgate, Crawley.

Councillor K Brockwell had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes of external walls/ roof of porch and permeable surfaced vehicle parking area.

CR/2011/0141/FUL Erection of a two storey side extension at 4 Lidsey Close, Maidenbower.

Councillor K Brockwell had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, no windows (south elevation), materials/finishes and the two parking spaces.

CR/2011/0163/FUL Retrospective application for the erection of a 50 people capacity stand and new external door in Club House at Three Bridges Football Club, Jubilee Walk, Three Bridges..

Councillors A C W Crane, S J Joyce, B MeCrow and G Thomas had attended the site visit.

Councillors K Brockwell, C L Denman, J I Denman and I T Irvine had visited the site independently.

The Group Manager provided a verbal update and members noted that comments had been received from WSCC raising no objections. An amended plan had been received from the applicant and this was displayed in the committee room for members' consideration at the meeting.

Permitted subject to standard detailed conditions concerning the Decision Notice.

37 Development Control Committee 6 June 2011

* CR/2011/0174/FUL Erection of a single storey rear extension and side utility room at 69 Grattons Drive, Pound Hill, Crawley.

Councillors A C W Crane, S J Joyce, B MeCrow and G Thomas had attended the site visit.

Councillor K Brockwell had visited the site independently.

The Principal Planning Officer provided a verbal update and members noted a flood risk response had now been received from the applicant. It was also noted during the site visit that the block plan was incorrect and therefore it was recommended that the following informative be added as follows:

"For the avoidance of doubt, the depth of the conservatory hereby permitted is as per the approved floor plans and elevations and must not be scaled from the block plan which shows an incorrect depth"

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes and finished ground floor level.

* CR/2011/0211/FUL Erection of two storey and single storey side extension and front porch with wc at 12 Cherry Lane, Langley Green, Crawley.

Councillors A C W Crane, S J Joyce, B MeCrow and G Thomas had attended the site visit.

Councillor K Brockwell, C L Denman and D J Shreeves had visited the site independently.

The Applicant (Mrs Iqbal) and Councillor B A Smith (Ward Member for Langley Green) addressed the meeting. Mrs Iqbal said the property had previously been let to tenants but it was now intended for the family to move back to the house. Councillor Smith had concerns with regard to the impact this property would have on the parking in Cherry Lane but was pleased to hear from Mrs Iqbal that it was to return to single occupancy. Councillor Smith asked the meeting to take into consideration the impact on parking if at any time the house was used for multiple occupancy.

The Group Manager pointed out that the open layout of the ground floor would remain and future planning permission would be needed for an HMO if it exceeded the statutory threshold.

38 Development Control Committee 6 June 2011

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes, use, two parking spaces, obscure glazing (northern elevation) and no windows (north wall).

CR/2011/0222/RG3 Installation of a CCTV camera (forward vision MICI 500) fitted to a 6m high wide based column at Furnace Place, , Crawley.

Councillor K Brockwell had visited the site independently.

Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice and privacy (CCTV camera details).

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

Councillor J I Denman (Chair) having declared a personal and prejudicial interest in the following exempt enforcement item, and in the absence of the vice chair, it was proposed by Councillor ALI Burke, and seconded by Councillor K Brockwell, that Councillor LAM Burke take the chair.

Councillors C L Denman and J I Denman withdrew from the meeting while the report was discussed and took no part in the discussion.

5. 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 paragraphs specified against the item.

6. ENF/2010/0148: Proposed service of an Enforcement Notice to secure compliance with the removal of an unauthorised children’s playhouse (Exempt Paragraph 6 – notice/order )

The Committee considered report PES/031 of the Head of Planning and Environmental Services. The report stated that a complaint had been received in November 2010 concerning the erection of a children’s playhouse adjacent to the boundary of neighbouring properties, by virtue of its height and the fact that it also had a veranda it required the benefit of planning permission. The Council had tried to resolve the situation regarding this children’s playhouse over the last 5 months. To date, and despite repeated correspondence, the owner of the property had not responded to the Council. The report considered the expediency of initiating enforcement action which would enable the Council to remove the children’s playhouse from the land and concluded that enforcement action should be authorised and instigated.

39 Development Control Committee 6 June 2011

RESOLVED

6.1 That an enforcement notice be issued and served in respect of the unauthorised erection of a children's playhouse with veranda, requiring the following steps to be taken within one month of the date the notice takes effect:  Remove from the land the children's playhouse  Restore the land to the condition in which it was in prior to the breach of planning control. 6.2 That such enforcement notice be held in abeyance for two weeks from the date of the Development Control Meeting of 6 June 2011 to allow the owners to submit a valid planning application

7. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 9.15pm.

J I DENMAN Chair

40 Licensing Committee 8 June 2011

Crawley Borough Council

Minutes of Licensing Committee 8 June 2011 at 7.40pm

Present: Councillor B MeCrow (Chair)

Councillor V Cumper (Vice-Chair)

Councillors N Boxall, B J Burgess, L R Gilroy, M G Jones, S Kaur, P K Lamb, J L Millar-Smith, C Oxlade, B J Quinn, D J Shreeves, K Trussell and K Williamson Officers Present:

Steve Kirby Enforcement & Technical Services Manager Mike Lyons Licensing Officer Bill Nailen Licensing Officer Mez Matthews Democratic Services Officer Chris Pedlow Democratic Services Officer Angela Tanner Head of Planning & Environmental Services Astrid Williams Solicitor

Apology for Absence:

Councillor B K Blake

1. Minutes

The minutes of the meeting of the Committee held on 26 January 2011 were approved as a correct record and signed by the Chair subject to the last sentence of the second paragraph of minute 17 being amended to read: “The Committee was further advised that if the Council did not make a resolution to adopt the provisions by the 5 April 2011 the new legislative provisions required that the Council must consult the public on whether the Council should adopt the new provisions”.

2. Members’ Disclosure of Interests

There were no disclosures in interest.

41 Licensing Committee 8 June 2011 3. Licensing Sub Committee Minutes

The minutes of the following meetings of the Licensing Sub-Committee were approved as a correct record and signed by the Members indicated below:-

Date Sub-Committee Minutes Minutes signed by

7 December 2010 Application to Vary Councillor D J Shreeves Premises Licence – (Chair of the Panel) Morrisons, 3 Broadfield Barton, Broadfield.

13 December 2010 Application for Review of Councillor B MeCrow the Club Premises (Chair of the Panel) Certificate – Centaur Club, subject to the correction of St Leonard’s Church Hall, a typographical error. The Martyrs Avenue, Langley opening hours on Fridays Green. and Saturdays cited in minute 24, resolution 1(i) should have read “1200 – 2330”

4 January 2011 Application to Vary Councillor B J Burgess Premises Licence – KFC, (Chair of the Panel) 96 High Street, West Green.

18 May 2011 Application to Vary Councillor B J Quinn Premises Licence – Half (Chair of the Panel) Moon, Brighton Road, Southgate.

4. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 7.48pm.

B MECROW Chair

42 Overview and Scrutiny Commission 13 June 2011

Crawley Borough Council

Minutes of the Overview and Scrutiny Commission Monday 13 June 2011 at 7.00pm

Present: Councillor Dr H S Bloom (Chair) Councillor M G Jones (Vice-Chair) Councillors ALI Burke, J I Denman, C C Lloyd, J L Miller–Smith, A J E Quirk, and B A Smith.

Also in Attendance: Councillors A C W Crane, C L Denman, L R Gilroy, S J Joyce, R A Lanzer and K Trussell

Apologies for Absence: Councillors B J Burgess and R G Burgess.

Officers Present: Lee Harris Chief Executive Steve Sawyer Economic Development Officer Nick Hobbs Housing Needs Manager Chris Pedlow Democratic Services Officer – Scrutiny

1. Minutes and Matters Arising

The minutes of the meeting of the Commission held on 21 March 2011 were approved as a correct record and signed by the Chair. Members received an update on the actions contained within the Minutes. The Commission also noted the Cabinet’s response to the Comments sheet.

2. Members’ Disclosure of Interests and Whipping Declarations

No disclosures of interests or whipping declarations were made.

3. Public Question Time

No questions from the public were asked.

4. Fair and Flexible Housing Allocation Scheme Appraisal

The Commission considered report SHAP/13 by the Head of Strategic Housing and Planning Services, which sought approval to adopt changes to the Council’s Housing

43 Overview and Scrutiny Commission 13 June 2011

Allocation Scheme following a Fair and Flexible appraisal which had been carried out by Officers in consultation with key stakeholders. It was noted that the allocation scheme was the Council’s policy on how social rented housing in the Borough was allocated and prioritised.

Councillor Gilroy presented the key aspects of the report including emphasising that the key premise that underpinned the redesign of the allocation scheme was to focus on those residents with greater need of housing, whilst also trying to create a greater housing flexibility across the Borough. The Commission were guided through the report and the Scheme including specific focus to Section 6 – Key Changes of the report the (p.1/4) and the Section 3.2 – The Banding Structure of the Scheme (p.14).

The Commission then held an in-depth discussion with the Portfolio Holder and the Housing Needs Manager which included seeking clarification on various aspects of appraisal as well as asking on it. The areas discussed included:

 The expansion and reclassification of the bandings from the current ‘A to C’ to the proposed ‘A* to D’, a long with the removal of the quotas for each bandings.  Definition of Local Connection (LC) and how it would impact on the current housing waiting list, i.e. the removal of 300 people.  The impact of the proposal on families with two children under 16, whether both i of the same sex or different sexes.  The proposed support to those who were willing to downsize their properties with the guarantee of being able to gain a least a two bedroom property.  How expected changes to the benefits system (Universal Credit) could impact on the allocation scheme  The changes to acknowledge the needs of former Service Men/ Women and those moving to the Borough for employment propose.  Leaving 10% of properties available for transfers  How the Council would be informing those on the current waiting list about their new banding and its impact including those 900-1000 people categorised as the new band ‘D.’  The inclusion of the Statutory Unacceptable Behaviour test (Appendix 2) and the rules governing eligibility to the housing register.

Based on the discussion held the Commission concluded that they supported the principles that under wrote the changing of the allocation scheme to focus more on those residents with greater need and creating greater housing flexibility. There were some aspects raised that Members felt needed further consideration, prior to the final ratification at the meeting of the full Council being held on 20 July.

On the Local Connection (LC) aspect, the Commission were pleased that there was recognition that LC had been added to the allocation principles, however it was felt that the proposed 6 out of 12 months/ 3 out of 5 years, was not defined enough especially in view of the current migrating workforce. Instead a stricter definition of LC should be considered. It was suggested that further consideration be given to this matter, through seeking legal advice/ case law on what was the highest echelon of the term LC could be found and then dependant on that a longer/ stricter definition of LC should be used. The Commission also felt that it would be of benefit that a briefing note be produced and sent to all Members with the Council agenda on LC including the defined legal limits.

In respect of limiting applicants with two same sex children under 16 to only a two bedroom property (2bp). The Commission requested that some flexibility be added to the scheme, to allow those in that scenario to, if they so wished, to apply for a three

44 Overview and Scrutiny Commission 13 June 2011

bedroom property (3bp). That would be on the understanding that their 3bp would be a lower priority category compared to their 2bp status.

The Commission also felt that on ‘the applicant was moving to Crawley to take up full time paid employment in the Borough’, (page 17 of the Scheme), that further detail as to what equates to be full paid employment, was required within the Scheme.

The final aspect they felt needed further work was to ensure that the processes were in place to enable all current applicants, and future ones, to be able to easily find out what banding they were in, where in the band they were and what that meant realistically in terms of obtaining a property. The Commission felt that this was important as it would provide residents with a better understanding of the likelihood of being housed.

The Commission accepted an offer from the Portfolio Holder for Housing of an update report bring brought back to a meeting of the Commission in approximately 6 months time, detailing how the implementation of allocation scheme has worked. They also welcomed that there would be an all Member Seminar planned for September on the expected changes to the benefits. The Commission asked that their thanks be record on the hard work that has gone into developing the new allocation scheme by the Housing Needs Manger and his team. It was also hoped that the Cabinet would join them in expressing their thanks.

RESOLVED

1. That the Commission’s views, especially on those areas that their felt need further work, be passed to the Cabinet for their consideration.

2. That the Commission receive an update report, in approximately 6 months time, on how the ‘Fair and Flexible’ Housing Allocation Scheme has worked following its implication.

5. Crawley’s Economic Business Plan 2011- 2016

The Commission considered report CEx/37 by the Chief Executive, which sought approval of the adoption of Crawley’s Economic Plan 2011-2016, which defined the role, and sets out how the Council would support the local economy in line with its Corporate Plan. It also provided a framework for clearly stating the Council’s economic priorities to 2016 against which progress could be measured and publicly reported and scrutinised.

Councillor Claire Denman and Steve Sawyer presented the key aspects of the report emphasising the Business Plan was based on had five strategic priorities, each underpinned by a series of specific actions (as set out in Appendix A) and a method of reporting and demonstrating progress (as set out in Appendix B). The Commission were pleased that contained within the appendices were clear, yet aspirational, targets, which detailed what the Council was aiming to achieve during the length of the Plan along with whom was responsible for this.

An aspect that the Commission felt was important but which was missing from the report was a level of internal scrutiny rather than solely external scrutiny through the Local Economic Action Group (LEAG). The Commission thus felt that Performance Monitoring Scrutiny Panel (PMSP) should undertake this role and requested that the PMSP receive a quarterly update on Business Plan against its targets.

45 Overview and Scrutiny Commission 13 June 2011

The Commission raised a number of questions including asking why the Business Plan did not deal with issues such as tackling youth and over 50’s unemployment and the major skills gap across the town. It was emphasised to the Members that the aim of the Plan was to purely focus on areas of business and economic development that the Council could directly control. To tackle the other business related matters the Council work with its Partners in striving for improvements, through using influence to ensure progress was made. Clarity was sought on what was meant by the term ‘influence’ and this described in a number of forms including in terms of business ‘procurement and planning’. An area of criticism raised by the Commission was the lack of Member engagement in the development of the business plan, especially for those Wards surrounding and including within them. Councillor Denman acknowledged that it had been remiss in not engaging with Members and confirmed that this was an area for improvement for future work.

The Commission suggested that two amendments be made to page 2/7:

 In Section 1 (a) Revitalise the Town Centre – The role of the Town Centre Manager should be referenced directly within this section

 In Section C, (ii) - rather than stating ‘…to increase passenger throughput in current configuration…,’ they felt it should read ‘…to increase passenger throughput in current configuration, of two terminals/ one runaway…’

The Commission thanked the Economic Development Officer for his work in devising the Business Plan.

RESOLVED

1. That the Commission’s comments and amendments, be passed to the Cabinet for their consideration.

2. That the Performance Monitoring Scrutiny Panel Commission receive a quarterly update on the Economic Business Plan against the targets set within it.

6. Portfolio Discussion with the Cabinet Member for Leader of the Council and Chair of the Cabinet

The Commission noted the brief report prepared by Councillor Lanzer on the Leader of the Council’s portfolio and questioned him on the report and on a variety of other issues relating to his portfolio.

The following topics were discussed:

i) Supporting new media – including advocating the Council’s use of Facebook, Twitter and Barcode technology. ii) Crawley Town Football Club iii) The Council’s own structures procedures and Democratic process - including indicating that he was likely, in the future, to restructure the Portfolios iv) The Fraud team and their increased role

46 Overview and Scrutiny Commission 13 June 2011

v) Establishing an improved relationship with our Armed Forces – including his role in working with the Armed Forces in arranging the Homecoming march for the Princess of Wales's Royal Regiment on 16 March 2011. vi) Concessionary Travel vii) The Council’s position on lending money to other Councils - It was clarified that all investments were made following use of the Council’s Treasury Management Strategy and that decisions on when investments should be made would be dependant on the amount be delegated to Officers as stated within the delegation scheme. It was also noted that Southampton City Council would be rated as an ‘AAA’ risk which was the lowest level of risk as werel all Councils, because they would be ‘effectively’ backed by the Bank of / the Government on all debts. viii) The role and support of the Deputy Leader in supporting his responsibilities

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

7. Corporate and Public Safety Update

The Commission considered report PSD/100 of the Head of Property Services, which detailed the changes and proposal that were being put in place following the imminent departure of Tim Mordaunt, the Councils’ Corporate & Public Safety Manager. The Chief Executive presented the report and answered any follow questions raised by the Commission.

The Commission noted the update and commented that they appreciated that all Members were going to be kept fully up to date with the changes as a result of the Tim Mordaunt’s departure. The Commission requested that all Members should be provided with the contacted information for John Rodway the Interim Corporate & Public Safety Manager, as soon as this becomes available.

RESOLVED

1. That the Commission note the report and that their thanks be passed on to Tim Mordaunt for his dedicated service to the Council.

2. That All Members of the Council be provided with the Contact information for the Interim Corporate & Public Safety Manager, as soon as possible

8. Establishment of and appointments to Scrutiny Panels 2011/2012

RESOLVED

1. That the Performance Monitoring Scrutiny Panel, be re-constituted, with a membership of Councillors R G Burgess, C A Cheshire, C R Eade, C C Lloyd, S Kaur, and A J E Quirk, and that Councillor C C Lloyd, be appointed as Chair for 2011/2012.

2. That the 2011 Census Scrutiny Panel be re-constituted with a membership of Councillors K Brockwell, B J Burgess, R G Burgess, A C W Crane, G Thomas

47 Overview and Scrutiny Commission 13 June 2011

and B A Smith, and that Councillor B A Smith be appointed as Chair for 2011/2012.

3. That the Financial Deprivation Scrutiny Panel be re-constituted, with a membership of Councillors R G Burgess, ALI Burke, V S Cumper, S J Joyce, S Kaur and G Thomas and that Councillor ALI Burke be appointed as Chair for 2011/2012.

4. That the Parking Scrutiny Panel be re-constituted, with a membership of Councillors R G Burgess, B J Burgess, V S Cumper, I T Irvine, B J Quinn and J L Millar-Smith and that Councillor J L Millar-Smith be appointed as Chair for 2011/2012.

9. Anti Social Off-Road Motorcycling Scrutiny Panel – Proposed Way Forward for the 2011 Campaign

The Commission considered the briefing noted included within the agenda which provided an update of the work of the Anti Social Off-Road Motorcycling Scrutiny Panel was positioned. The briefing noted gave the Commission three options to choice from:

i). Not to re-establish the Scrutiny Panel and instead the Commission to receive an update report on 28 November Commission meeting, detailing what had been achieved since receiving the Panel’s last report ii). To Re-establish the Scrutiny Panel iii). To delay the decision on re-establishing the Scrutiny Panel until after the Awayday when an appropriate Officer would provide the Commission with a more substantive update on what had and would be happening in respect of the work of the Scrutiny Panel.

The Commission then discussed the three options and came to a decision.

RESOLVED

To delay the decision of the re-establishment of the Anti Social Off-Road Motorcycling Scrutiny Panel until the Commission Awayday, and that an appropriate Officer be asked to attend the Awayday to provide Members with further information.

10. Appointments

RESOLVED

That the Commission endorsed the following appointments:

1. Councillors Dr H S Bloom, and MG Jones be the Commission’s representatives on South East Employers (SEE) Elected Members Overview and Scrutiny Network

2. Councillors Dr H S Bloom, ALI Burke, M G Jones, and B A Smith be the Commission’s representatives on Centre for Public Scrutiny’s Scrutiny (CfPS) Champions Network

48 Overview and Scrutiny Commission 13 June 2011

3. Councillor R G Burgess be the Commission’s representative on the West Sussex Health Overview and Scrutiny Committee (HOSC)

4. Councillor Dr H S Bloom be the Commission’s representative on the West Sussex Joint Scrutiny Steering Group

11. Commission’s Awayday

The Commission Members were reminded that their Awayday was being held at The Hawth on Tuesday 28 June 2011 from 6pm and that the following Members agreed to ‘work up’ the following topics for discussion at the Awayday:

 Building Control Service – Councillor John Denman  Outside Bodies – Councillor Smith  Recording of Minutes & Decisions – Councillor Millar-Smith  The start time of concessionary Bus pass – Councillor Quirk  Youth Provision within Crawley – Councillor Ali Burke  Council Tax Processes – Councillor Jones

12. Forward Plan - 1 July to 31 October 2011 and Provisional List of Reports for the Commission’s Following Meetings

The Commission considered the latest version of the Forward Plan and the provisional lists of reports for future Commission’s meetings:

RESOLVED

That items 20 - The – Future Management, 22 – Calendar of Meetings and 28 – New Cemetery for Crawley be referred from the Forward Plan, to be looked at by the Commission on the 28 November 2011, 9 January 2012 and 19 March 2012, respectively

13. Closure of Meeting

The meeting ended at 10.08pm.

Dr H S BLOOM Chair

49 Cabinet 15 June 2011

Crawley Borough Council

Minutes of Cabinet 15 June 2011 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)

N Boxall (Cabinet Member for Community Engagement)

L R Gilroy (Cabinet Member for Housing)

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

K Trussell (Cabinet Member for Environmental Services)

L A Walker (Cabinet Member for Leisure and Cultural Services)

Also in Attendance:

Councillors Dr H S Bloom; M G Jones; and C Oxlade Ms S Moore (Independent Member on the Standards Committee)

Officers Present:

Peter Browning Director of Environment and Housing Kevin Carr Principal Lawyer David Covill Director of Resources Lee Harris Chief Executive Nick Hobbs Housing Needs Manager Glyn Hydes Democratic Services Officer Phil Rogers Director of Community Services

50 Cabinet 15 June 2011

1. Minutes

The minutes of the meeting of the Cabinet held on 23 March 2011 were approved as a correct record and signed by the Chair.

2. Public Question Time No questions were asked.

3. Members’ Disclosure of Interests

No disclosures of interests were made.

4. Welcome to Sandie Moore – Independent Member on the Council’s Standards Committee

The Chair welcomed Sandie Moore to the meeting.

5. “Fair and Flexible” Housing Allocation Scheme Appraisal (Housing Portfolio)

The Cabinet considered report SHAP/13 of the Head of Strategic Housing and Planning Services. The report sought approval to adopt changes to the Council’s Housing Allocation Scheme following a Fair and Flexible appraisal which had been carried out by officers in consultation with the Council’s key stakeholders. The Allocation Scheme was the Council’s policy which determined how social rented housing in the Borough was allocated and prioritised.

Members noted that local Authorities had a legal obligation to publish an allocation scheme that explained how applications for housing were prioritised and the procedure that was followed in relation to offers of council housing, and the nomination of persons to be the tenants of registered social landlords. The Council currently had 10,500 social rented properties in the town and 3,000 applicants on the Council’s housing register. With an annual turnover of around 400 properties, demand significantly outstripped supply, and the Council needed to ensure that it took a balanced approach to ensure that it met its statutory obligations, and gave appropriate priority to people with the highest levels of housing need.

Members noted that Local Authorities were required to regularly review and revise their policies to continue to comply with Government Guidance and local requirements. Paragraph 3.3 of the report included details of persons which the Council was required to ensure received reasonable preference for social housing.

The Portfolio Holder for Housing advised the Cabinet regarding clarification of two administrative errors to the Housing Allocation Scheme in Appendix 1. One related to Band A (Very High Priority) on page 15 of Appendix 1 to the report. The following wording for this category had been omitted in error from this Banding. “The applicant needs to move to adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household has sustained as a result of service in the armed forces”. The other administrative error related to a typographical error in the third bullet point on page 17 of Appendix 1 to the report

51 Cabinet 15 June 2011

which Members noted. The third bullet point should read “The applicant has been accepted onto the housing register and would usually be assessed as either Band A+, Band A or Band B but has current or former rent arrears above £500 (see Section 3.8.5 for further information)”.

The Portfolio Holder for Housing confirmed that the two administrative errors would be corrected in the final published scheme.

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 13 June. The Commission had supported the principles that underwrote the changing of the allocation scheme to focus more on those residents with greatest need and creating greater housing flexibility. The Commission had asked the Cabinet to consider the following matters:- (i) with regard to the Local Connection aspect (LC) the Commission were pleased that recognition for some LC had been included in the allocation principles, but felt that the proposed 6 out of 12 months/3 out of 5 years, had not been defined enough especially in view of the current migrating workforce. The Commission had felt that a stricter definition of LC should be considered. The Commission had therefore requested that legal advice be given on what was the highest echelon of the term LC and that dependant on that advice a longer/stricter definition of LC be given. The Commission also requested that a briefing note be sent to all Members with the agenda for the Council meeting to be held on 20 July explaining what LC was and that it include reference to the defined legal limits, (ii) with regard to limiting applicants with two same sex children under 16 to only a two bedroomed property, the Commission had requested that some flexibility be added to the scheme to allow those in that scenario to, if they so wished, to apply for a three bedroomed property. That would be on the understanding that their three bedroomed property would be a lower priority category compared to their two bedroomed status, (iii) the Commission felt that the aspect ‘the applicant is moving to Crawley to take up full time paid employment in the Borough’, (page 17 of the scheme), should contain further detail as to what equated to full time paid employment, and had requested the Cabinet to give further consideration to the proposed alteration, (iv) the Cabinet to ensure that processes were in place to enable all current applicants and future ones, to be able to easily find out what Banding they were in, where in the band they were and what that meant realistically in terms of obtaining a property; and (v) that an update report on how the revised scheme was operating, be referred to a meeting of the Commission in six months time.

The Cabinet considered the issues raised by the Commission as set out in (i) to (v) inclusive above. With regard to point (i), it was agreed that a Briefing Note be sent to all Members with the agenda for the Council meeting to be held on 20 July giving further information on Local Connection (LC), it was agreed that the other issues raised in (i) and the issue raised in (ii) above, be given further consideration, and considered further at the meeting of the full Council to be held on 20 July. The Cabinet discussed point (iii) above and to strengthen the scheme agreed that the reference to ’full time paid employment in the Borough’ be amended to read ‘permanent paid employment in the Borough’. The Cabinet also agreed to the requests set out in points (iv) and (v) above.

The Cabinet asked that its thanks be recorded to the Housing Needs Manager and his team for their good work on this matter.

52 Cabinet 15 June 2011

RESOLVED

RECOMMENDATION 1

That the Council be RECOMMENDED to approve and adopt the revised Housing Allocations Scheme as set out in Appendix 1 to the report to take effect from 22 August 2011 or such subsequent date (to be no later than 22 October 2011) as may be agreed by the Head of Strategic Housing and Planning Services in consultation with the Portfolio Holder for Housing subject to:-

(i) Due to administration purposes the inclusion of the following wording into Band A of the Housing Allocation Scheme on page 15 of Appendix 1 “The applicant needs to move to adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household has sustained as a result of service in the armed forces”.

(ii) Due to administration purposes amend the third bullet point on page 17 of Appendix 1 to read “The applicant has been accepted onto the housing register and would usually be assessed as either Band A+, Band A or Band B but has current or former rent arrears above £500 (see Section 3.8.5 for further information)”.

(iii) The reference to full time paid employment in the Borough (page 17 of the scheme) be amended to read permanent paid employment in the Borough.

(iv) Further consideration being given to the Local Connection (LC) aspect and the proposal to limit applicants with two same sex children under 16 to only a two bedroomed property.

(v) Ensuring that processes were in place to enable all current applicants and future ones, to be able to easily find out what Banding they were in, where in the Band they were and what that meant realistically in terms of obtaining a property; and

(vi) That an update report on how the revised scheme was operating, be referred to a meeting of the Commission in six months time.

Reason for Decision

The recommendation had been made following the appraisal of the existing Housing Allocation Scheme to ensure that it was lawful, clearly understood and accessible, met the needs of the local community, gave priority to those with the greatest housing need and made the best use of the available social housing stock in the Borough.

6. Crawley’s Economic Plan 2011-2016 (Planning and Economic Development Portfolio)

The Cabinet considered report CEx/37 of the Chief Executive. The report proposed that Crawley’s Economic Plan 2011-2016 be adopted. Members were reminded that the Economic Plan defined the role and set out the detail of how the Council would

53 Cabinet 15 June 2011 support the local economy in line with its Corporate Plan. The Economic Plan provided a framework for clearly stating the Council’s economic priorities to 2016 against which progress could be measured and publicly reported and scrutinised.

The Economic Plan 2011-2016 had five strategic priorities, each of which was underpinned by a series of specific actions (as set out in Appendix A) and a method of reporting and demonstrating progress (as set out in Appendix B).

This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 13 June. The Commission had asked the Cabinet to consider the following matters:- (i) that quarterly updates be reported to the Performance Monitoring Scrutiny Panel against the targets set within the Business Plan (to add a level of internal scrutiny), (ii) that in Section 1 (a) of Appendix A to the report (page 2/7) ‘Revitalise the Town Centre’ reference be made to the role of the Town Centre Manager; and (iii) that in Section C (ii) of Appendix A to the report (page 2/7) rather than reading “to increase passenger throughput in current configuration” it be amended to read “to increase passenger throughput in current configuration of two terminals/one runway ensuring environmental safeguards are in place etc”. The Cabinet considered and agreed the issues raised in (i) to (iii) above.

The Cabinet asked that its thanks be recorded to the Economic Development Officer for his good work on this matter.

RESOLVED

RECOMMENDATION 2

That the Council be RECOMMENDED to adopt the Crawley’s Economic Plan 2011-2016, subject to the inclusion of the matters agreed in (i) to (iii) above.

Reason for Decision

The Council’s role was to help create the environment and conditions to support the development of the economy and the town. The Economic Plan provided the vision and priorities for the Council to focus on in support of a prosperous and sustainable local economy.

7. Appointments on Outside Bodies 2011/2012 (Chair Portfolio)

The Cabinet had before it the nominations of the political groups for representatives to serve on organisations of which the Council was a member.

The Cabinet agreed the report subject to the following two amendments:- (i) Councillors C L Denman and Walker (as Cabinet Member for Leisure and Cultural Services) being appointed the full Members to serve on the Gatwick Greenspace Partnership (formerly the Crawley/Horley Countryside Management Project), and Councillor Irvine being appointed the substitute Member (item 18 on page B3 of agenda refers); and (ii) Councillors Boxall, C Denman (Deputy) and Gilroy (Deputy) being appointed to the Public Art Selection Panel (item 26 on page B4 of agenda refers).

54 Cabinet 15 June 2011 RESOLVED

That subject to the inclusion of the above amendments, representatives be appointed to the bodies and organisations as indicated in Appendix B attached to these minutes.

8. Policy Development Forum’s, Working Groups and Member Development Cabinet Support Group – Terms of Reference 2011/2012 (Chair Portfolio)

The Cabinet considered Enclosure C of the Head of Legal and Democratic Services.

With regard to the one Conservative Group vacancy on the Community and Value for Money Policy Development Forum, it was agreed that that vacancy be appointed at a later date.

RESOLVED

1. That Policy Development Forum’s, Working Groups; and the Member Development Cabinet Support Group be appointed for the Council year 2011/2012 subject to the one Conservative Group vacancy on the Community and Value for Money Policy Development Forum being filled at a later date, with the terms of reference, and membership (as recommended by the Membership Committee at its meeting held on 18 May 2011) as indicated in Appendix C attached to these minutes; and

2. That authority be granted to authorise the appointment to the Crawley Homes Advisory Group (CHAG) of the third non-voting co-optee (i.e. as a replacement for the late John Andrew) being nominated at the meeting of the Tenants Action Panel to be held on 27 July 2011, and that it be reported in the Council’s Members Information Bulletin.

9. Adoption of GlaxoSmithKline Development Principle Statement, and Constitutional Change to allow delegated authority for adoption of future Development Principle Statements (Planning and Economic Development Portfolio)

The Cabinet considered report SHAP/14 of the Head of Strategic Housing and Planning Services. The report summarised :- (i) what Development Principle Statements (DPS) were, why they were required and how they differed from other forms of Supplementary Guidance, (ii) the initial programme of DPS’s, (iii) the need for amendments to the current Constitution to allow delegated authority to adopt supplementary planning guidance such as DPS’s with proposed wording for amending Part E10 of the Leaders Scheme of Delegation; and (iv) GlaxoSmithKline DPS’s and the consultation feedback received.

Members noted that the purpose of DPS’s was to ensure that the Council’s planning policy with regard to key opportunity sites had been informed by what businesses wanted, was in the best interests of the Council and embraced competitiveness and economic growth. The policy approach aimed to provide clarity for each site with regard to design, use, and site characteristics. An initial programme of DPS’s to interpret existing policy on key sites had been developed.

55 Cabinet 15 June 2011 RESOLVED

1. That the Development Principles Statement programme for those sites that had been identified within Manor Royal and the opportunity sites within the Town Centre, that would benefit from additional planning guidance be endorsed.

2. That Part E10 of the Leader’s Scheme of Delegation be amended, to allow delegated authority for the Head of Strategic Housing and Planning, in consultation with the Portfolio Holder for Planning and Economic Development, to adopt the Development Principle Statements as per the wording below:

The following function is delegated to the Head of Strategic Housing and Planning in consultation with the Portfolio Holder for Planning and Economic Development - The issue and publication of any Supplementary Planning Guidance documents including Development Principle Statements for the purpose of consultation; and,

- The adoption of Development Principle Statements; and

3. That the GlaxoSmithKline Development Principles Statement be adopted for immediate use in Development Management decisions.

Reasons for Decisions

1. The report sought an amendment to part E10 of the Leader’s Scheme of Delegation to allow Development Principles Statements to be adopted by the Portfolio Holder for Planning and Economic Development. That would speed up the process of producing site or topic specific guidance, and enable timely advice to be provided to developers.

2. The Cabinet also sought to approve the adoption of the GSK DPS in accordance with Part E10 of the existing Constitution. That DPS had been prioritised for adoption because of the advanced stage of sale that had been reached by GlaxoSmithKline, and because that site offered the single greatest opportunity to create a step change in the appearance and function of Manor Royal. The guidance would be made available to prospective buyers/developers as soon as practical after this meeting of the Cabinet, if approved.

10. Closure of Meeting

With the business of the Cabinet concluded, the Chair declared the meeting closed at 7 59pm.

R A LANZER Chair

56 Cabinet 15 June 2011 Crawley Borough Council B Organisations of which the Council is a Member, Miscellaneous Meetings and Other Council Fora 2011/12

Name of Organisation Existing Council Nominations of political representative groups for 2011/12 (2010/11) (and any notes) 1. Association of Port B K Blake (as Cabinet K J Trussell (as Cabinet Member Health Authorities Member for for Environmental Services) Environmental Services) 2. Overview and Scrutiny B K Blake (as Cabinet K J Trussell (as Cabinet Member Commission of the Member for for Environmental Services) Association of Port Environmental Health Authorities’ Services)

3. Buchan Country Park 1 Vacancy M L Ayling Advisory Board M L Ayling I T Irvine I T Irvine M G Jones M G Jones B J Quinn A J E Quirk A J E Quirk

 Very informal body  WSCC co-ordinator would welcome any local Members to attend and participate as a full Member. 4. Bus Company Meetings R A Lanzer R A Lanzer 5. Business Community Newly formed group.. C L Denman (as Cabinet Partnership – Advisory C L Denman (as Member for Planning and Group Cabinet Member for Economic Development) Planning and Economic Development) recently invited but not previously nominated through our Membership Committee/Cabinet arrangements 6. Crawley Connexions C R Eade C R Eade Centre Steering Group 7. Crawley Cycling Group B J Burgess B J Burgess I T Irvine C Oxlade 8. Crawley Police Liaison N Boxall (Chair as N Boxall (Chair as Cabinet Group Cabinet Member for Member for Community Community Engagement) Engagement) K Brockwell ALI Burke B J Burgess L Gilroy ALI Burke R A Lanzer V S Cumper B MeCrow L R Gilroy A J E Quirk B MeCrow

57 Cabinet 15 June 2011 Name of Organisation Existing Council Nominations of political representative groups for 2011/12 (2010/11) (and any notes) J A Singh A J E Quirk K J Trussell

M L Ayling M L Ayling S J Joyce S J Joyce D J Shreeves P K Lamb B A Smith D J Shreeves G Thomas G Thomas 9. Crawley Shopmobility D J Shreeves * C A Cheshire 10. Crawley Together – the N Boxall (as Cabinet N Boxall (Chair as Cabinet Local Strategic Member for Community Member for Community Partnership (LSP) Engagement) Engagement)

R A Lanzer (as Leader) R A Lanzer (as Leader)

B A Smith (as Labour C Oxlade (as Labour Group Group nomination) nomination) 11. Crawley Together N Boxall (as Cabinet N Boxall (as Cabinet Member for Pathfinder Partnership (a Member for Community Community Engagement). partnership of the Local Engagement). Strategic Partnership (LSP)) R A Lanzer (as Leader R A Lanzer (as Leader of the of the Council). Council)

B A Smith (as Leader C Oxlade (as Labour Group of the Labour Group) nomination)

12. Health and Wellbeing No Member N Boxall (as Cabinet Member for Partnership (a involvement sought in Community Engagement) partnership of the Local May 2010 as Strategic Partnership Partnership was (LSP)) reviewing the membership criteria. N Boxall (as Cabinet Member for Community Engagement) subsequently invited but not through our Membership/Cabinet Committee arrangements 13. Local Economy Action C L Denman (as C L Denman (as Cabinet Group (a partnership of Cabinet Member for Member for Planning and the Local Strategic Planning and Economic Development) Partnership (LSP)) Economic Development)

R A Lanzer (as Leader R A Lanzer (as Leader of the of the Council) Council) 14. Gatwick Airport C Denman C Denman Consultative Committee K Brockwell (Deputy) K Brockwell (Deputy) (GATCOM). 15. Gatwick Airport B K Blake Nomination not required. The Consultative Committee Steering Group is a sub-group of

58 Cabinet 15 June 2011 Name of Organisation Existing Council Nominations of political representative groups for 2011/12 (2010/11) (and any notes) (GATCOM) – Steering GATCOM which appoints the Group Members to serve on the Steering Group annually. 16. R A Lanzer (as Leader R A Lanzer (as Leader of the of the Council) Council) 17. Gatwick Diamond - New entity for 2011/12 R A Lanzer (as Leader of the Overview Forum Council) 18. Gatwick Greenspace C L Denman C L Denman Partnership L A Walker (as Cabinet L A Walker (as Cabinet Member (formerly Crawley/Horley Member for Leisure for Leisure and Cultural Countryside and Cultural Services) Services) Management Project) I T Irvine (substitute I T Irvine (substitute member Member only) only)

19. Gatwick Airport Joint B K Blake (as Cabinet K J Trussell (as Cabinet Member Authorities Meeting Member for for Environmental Services) Environmental C L Denman (as Cabinet Services) Member for Planning and C L Denman (as Economic Development) Cabinet Member for Planning and Economic Development) 20. High Weald Area of S A Blake S A Blake Outstanding Natural Director of Beauty Forum Environment and Not prepared to accept more Housing than one Councillor

21. Inter Authority Waste B K Blake (as Cabinet K J Trussell (as Cabinet Member Group Member for for Environmental Services) Environmental Services)

22. Local Government Association:- (General Assembly) R A Lanzer (as Chair of R A Lanzer (as Chair of the the Cabinet) Cabinet) (Deputy: R D Burrett) (Deputy: R D Burrett)

(Urban Commission) R A Lanzer (as Chair of R A Lanzer (as Chair of the the Cabinet) Cabinet) (Deputy: R D Burrett) (Deputy: R D Burrett)

(Districts Special Interest R A Lanzer R A Lanzer Group) (Deputy: R D Burrett) (Deputy: R D Burrett)

The Council can only send one voting rep. Substitute would not have voting rights

23. Local Government R A Lanzer R A Lanzer Information Unit (Deputy: R D Burrett) (Deputy: R D Burrett) Management Committee

59 Cabinet 15 June 2011 Name of Organisation Existing Council Nominations of political representative groups for 2011/12 (2010/11) (and any notes) 24. Manor Royal Business New group for 2011/12. C L Denman (as Cabinet Group C L Denman (as Member for Planning and Cabinet Member for Economic Development) Planning and Economic Development) recently invited but not previously nominated through our Membership Committee/Cabinet arrangements. 25. Patrol Adjudication Joint B K Blake (as Cabinet K J Trussell (as Cabinet Member Committee (formerly the Member for for Environmental Services) Joint Committee of the Environmental D G Crow (substitute) Traffic Penalties Services) Tribunal) D G Crow (substitute) 26. Public Art Selection N Boxall N Boxall Panel D G Crow C L Denman (Deputy) V Cumper J I Denman L Gilroy (Deputy) B A Smith G Thomas B A Smith S A Blake (Deputy) G Thomas L R Gilroy (Deputy) I T Irvine (Deputy) I T Irvine (Deputy) D J Shreeves (Deputy) D J Shreeves (Deputy) Representative from local artistic community Representative from Representative from local artistic South East Arts community Head of Arts Representative from South East A planning officer Arts Head of Arts 6 CBC Members with A planning officer 4:2 split and deputies agreed for 2010/11

27. Safer Crawley N Boxall (as Cabinet N Boxall (as Cabinet Member for Partnership Member for Community Community Engagement). (formerly Crawley Engagement). Community Safety Partnership) 28. South East England R A Lanzer R A Lanzer Councils (formerly South C L Denman C L Denman (Substitute without East England Regional (Substitute without voting rights) Assembly) voting rights)

29. South East Employers R D Burrett (Cabinet R D Burrett (Cabinet Member Member for Continuous for Continuous Improvement and Improvement and Development) Development) (Sub – R A Lanzer) (Sub – R A Lanzer)

60 Cabinet 15 June 2011 Name of Organisation Existing Council Nominations of political representative groups for 2011/12 (2010/11) (and any notes) 30. Strategic Aviation K Brockwell K Brockwell Special Interest Group Director of (formerly Airport Policy Environment and Consortium) Housing (As agreed with the SASIG, Principal Planning Officer, Rachel Cordery, will deputise for Director when required to do so). 31. Supporting People L R Gilroy Abolished (WSCC confirmed 14 Commissioning Body Feb 2011) 32. Sussex Building Control C L Denman as C L Denman as Cabinet Cabinet Member for Member for Planning and Planning and Economic Development Economic Development 33. Town Centre Partnership C L Denman (as C L Denman as Cabinet Cabinet Member for Member for Planning and Planning and Economic Development Economic Development) 34. West of Bewbush Joint C L Denman No longer required. Now at Members Steering Group B MeCrow application stage and have CBC M G Jones co-optees on Horsham DC’s A J E Quirk Development Control North Committee. 35. West Sussex Authorities R A Lanzer (as Chair of R A Lanzer (as Leader of the Joint Leaders Cabinet) Council) 36. West Sussex Forum for C A Cheshire C A Cheshire Accessible Transport 37. West Sussex Joint C L Denman (as C L Denman (as Cabinet Planning Board Cabinet Member for Member for Planning and Planning and Economic Development) Economic Development) 38. West Sussex Public R A Lanzer Abolished Service Board 39. West Sussex Co- New for 2011/12 - it R A Lanzer (as Leader of the operative has replaced the West Council) Sussex Public Service Board of which it is essentially a scaled- down version 40. West Sussex B K Blake (as Cabinet K J Trussell (as Cabinet Member Sustainability Forum Member for for Environmental Services) (formerly Local Agenda Environmental 21 Forum for West Services) Sussex) * Temporary change agreed during Cllr C A Cheshire’s leave of absence during 2010/11

61 Cabinet 15 June 2011 Policy Development Forums, Working Groups and Member Development Cabinet Support Group – C Terms of Reference and Group Nominations 2011/2012 as reported to Cabinet – 15 June 2011 Groups Terms of reference Members Policy Development Forums

Community and Value for Policy development work 9 Members (6:3) Money Policy relating to the corporate Councillors: Development Forum priorities of Community and M L Ayling Value for Money. R G Burgess B J Burgess ALI Burke B MeCrow C Oxlade G Thomas K Williamson + one Conservative Group vacancy

Lead Officer(s):- Appropriate Director or Head of Service

Environment and Policy development work 9 Members (6:3) Prosperity Policy relating to the corporate Councillors: Development Forum priorities of Environment and B K Blake Prosperity. S A Blake Dr H S Bloom K Brockwell R G Burgess A C W Crane I T Irvine S Kaur G Thomas

Lead Officer(s):- Appropriate Director or Head of Service Working Groups

The Hawth Management Established to oversee the 7 Members (5:2) Working Group process for the consideration of Councillors: the future management of The B J Burgess Hawth Theatre and specifically:- C R Eade C C Lloyd (i) to oversee and approve B MeCrow the preparation of clear K J Trussell documentation including G Thomas the defined activities to be L A Walker (Chair) included as part of any

invitation for expressions Substitute Members:- of interest; R G Burgess (Conservative (ii) to evaluate any Group) expressions of interest and C A Cheshire (Labour subsequent business plans Group) submitted by short-listed

applicants;

62 Cabinet 15 June 2011 Groups Terms of reference Members (iii) to make recommendations Lead Officer:- Director of to Cabinet as to the Community Services selection of the external Trust / commercial operator for the delivery of the specified activities and services. (iv) to further consider and develop the following proposals:- a) that the Community Arts Development work stream be retained under the direct control / management of the Council; b) that a mechanism be included within the fixed term lease / contractual arrangements to (a) facilitate access to the Hawth for arts development purposes to support delivery of a balanced programme consisting of an appropriate mix of minority and mainstream events, and (b) that this mechanism be robust enough to ensure successful delivery of important community events such as the MELA and Folk Festival, as required and specified by the Council and to be included as part of any business proposal submitted by prospective tenderers; c) that the allocation of responsibility between the Council and any prospective management partner for property maintenance and refurbishment be clearly specified and accounted for; d) that consideration be given as to whether or not the services 63 Cabinet 15 June 2011 Groups Terms of reference Members specified as defined activities would include the existing satellite catering activities at the Town Hall and Walled Garden which were currently operated through the Hawth Catering Service; e) that a mechanism be established within the fixed term lease / contractual arrangements to enable evaluation of the positive / negative revenue position resulting from capital investment from either the Council or a third party partner. This might include (for instance) investment required to increase the seating capacity in the main auditorium; f) that for evaluation purposes the existing in-house operation constitute a benchmark for comparability purposes with a target of achieving an overall reduction of £250,000 per annum in the current level of subsidy allocated for operating this service;

g) That £35,000 be allocated from the Restructure Reserve for external fees and services associated with the HR, Property (condition surveys and capital investment plans), financial and legal fees costs associated with the procurement process, as set out in paragraph 7.2 of the report.

64 Cabinet 15 June 2011 Groups Terms of reference Members

Budget Advisory Group To advise the Cabinet on the 9 Members (6:3) allocation of resources within Councillors: the General Fund and Housing B K Blake Revenue Account Budgets and S A Blake (Chair) the Capital Programme, taking L A M Burke account of the Budget Strategy, V S Cumper Corporate Plan and other S J Joyce relevant information. B MeCrow J L Millar-Smith B A Smith Chair and Vice Chair of the G Thomas Cabinet to attend Budget Advisory Group, to present a Lead Officer:- Head of strategic perspective only. Finance, Revenues and Benefits

Crawley Homes Advisory 1. To assess all aspects of 10 Members (6:4) + 3 co- Group service provided by Crawley optees Homes, including the Councillors: prioritisation of funding. M L Ayling Dr H S Bloom 2. To encourage the B J Burgess participation of all residents in R G Burgess developing Crawley Homes A C W Crane services. L R Gilroy (Chair) I T Irvine 3. To make recommendations to S J Joyce the Cabinet as appropriate. R A Lanzer J L Millar Smith 4. To determine the resourcing priorities before submission to Co-optees:- the Budget Advisory Group 3 annually nominated (with any changes proposed by representatives of the BAG to be highlighted to the ‘Tenants Action Panel’, Cabinet). appointed by the Cabinet as non-voting co-optees. (This appointment process will occur at the Cabinet’s first meeting of each Municipal year, in line with its annual membership process for working groups etc):-

Cary Buckham, Yvonne Kendall and one vacancy (to be advised).

The Cabinet is recommended to authorise the appointment of the third non-voting co-optee (i.e. as a replacement for the late John Andrew) who will be nominated at the meeting of

65 Cabinet 15 June 2011 Groups Terms of reference Members the Tenants Action Panel to be held on 27 July 2011 and that this be reported via the Members Information Bulletin.

Lead Officer:- Director of Environment and Housing

Local Development 1. To consider and make 13 Members (8:5) Framework Working recommendations to the Councillors: Group Cabinet on a Local S A Blake Development Scheme setting K Brockwell out a programme for B J Burgess preparation of the Local A C W Crane Development Framework and to V S Cumper update the Scheme as C L Denman (Chair) appropriate. J I Denman C R Eade 2. To consider and provide L R Gilroy guidance on the process for I T Irvine preparing and reviewing S J Joyce documents comprising the Local P K Lamb Development Framework. B J Quinn

3. To consider and make Substitute Members:- recommendations to the G Thomas (Labour Group) Cabinet or Council as appropriate on Lead Officer:- Strategic  Consultation or other Planning Co-ordinator documents forming part of the process of preparing the Local Development Framework  Drafts of Local Development Framework documents prior to their adoption.

Town Centre Working To receive and consider reports 10 Members (6:4) Group on the renewal and Councillors: redevelopment of the Town B J Burgess Centre and to make A C W Crane recommendations, as V S Cumper necessary, to the Cabinet on :- C L Denman (Chair) M G Jones - the proposed Town Centre R A Lanzer development including B A Smith negotiations with the preferred G Thomas developer, the John Lewis K J Trussell Partnership and other parties K Williamson

- proposals to achieve the Substitute Members:- redevelopment of sites C Oxlade (Labour Group)

66 Cabinet 15 June 2011 Groups Terms of reference Members identified in the Town Centre Supplementary Planning Document Lead Officer:- Director of - the review of the Local Resources Development Framework in respect of policies relating to the Town Centre - development and implementation of proposals for a new Town Hall as part of the Town Centre development - identification and promotion of other redevelopment opportunities to enhance the physical appearance and its social, economic and educational attributes - communications with all interested parties to maintain confidence in the renewal and redevelopment of the Town Centre.

Member Development 1. To provide all party support 4 Members (3:1) Cabinet Support Group for a coordinated approach to Councillors: Member development across N Boxall the Council. L A M Burke 2. To make suggestions about D G Crow (Chair) Member development needs, G Thomas based on priorities and agreed criteria; for example – Lead Officers: Head of Legal determined by the Corporate and Democratic Services Plan, improvement plans, and and Organisational other organisationally important Development Manager policies/documents. 3. To propose ideas to the Cabinet about Member development initiatives, working with the Learning and Development Manager and outside agencies as appropriate. 4. Provide consistent communication about proposed and available Member development initiatives to party groups. 5. To provide a forum for issues relating to facilities for Members, to be raised and discussed.

67 Development Control Committee 20 June 2011

Crawley Borough Council

Minutes of Development Control Committee 20 June 2011 at 7.30pm Present: Councillor S A Blake (Chair)

Councillors K Brockwell, ALI Burke, L A M Burke, A C W Crane, I T Irvine, S J Joyce, B MeCrow, A J E Quirk and G Thomas Also in Attendance:

Councillor D G Crow Mr B Jones (Independent Member, Standards Committee), as an observer only

Officers Present:

Michelle Harper Principal Planning Officer Manson Kendall Principal Lawyer – Property Kay Molloy Democratic Services Officer Jean McPherson Group Manager (Development Management)

Apologies for Absence:

Councillors J I Denman, C L Denman and D J Shreeves

8. Minutes

The minutes of the meeting of the Committee held on 6 June 2011 were approved as a correct record and signed by the Chair.

9. Lobbying Declarations

No lobbying declarations were made.

68 Development Control Committee 20 June 2011

10. Members’ Disclosure of Interests

No disclosures of interests were made.

11. Planning Applications List

The Committee considered report PES/36 of the Head of Planning and Environmental Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PES/36 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-

CR/2011/0189/OUT Extension of time to CR/2007/0695/OUT with proposed amendments of conditions 3 and 4 (landscaping), 9 (access) and 14 (refuse storage) – for demolition of Fairfield House and erection of 93 key worker flats for NHS staff at Fairfield House, West Green Drive, West Green..

Councillors K Brockwell and G Thomas had visited the site independently.

The Principal Planning Officer provided a verbal update and members were reminded that outline permission had been granted in 2008. The application sought an extension of time to that outline permission with proposed amendments of conditions concerning landscaping, access and refuse storage.

Members discussed the S106 contributions and parking provision / standards. Planning Officers agreed to circulate to members the S106 Agreements Supplementary Planning Document 2008.

That the Head of Planning & Environmental Services be authorised to approve the application subject to detailed conditions concerning reserved matters, permission time limit, materials/finishes, landscaping scheme, tree retention, parking spaces / turning facilities, access(es), surface water discharge, construction programme, stopping up of access, service layby / footway, means of construction access, motorcycle / bicycle parking, contamination scheme, refuse storage, AOD (height of building above ordanance datum), noise exposure category and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 concerning highways, education, open space and affordable housing.

69 Development Control Committee 20 June 2011

Should the Section 106 Agreement fail to be completed within the 13 week time period which expires on 12 July 2011 and unless there are exceptional circumstances for the delay, the Head of Planning and Environmental 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 Document 1 'Planning Obligations and Section 106 Agreements'.

Councillor A C W Crane left the meeting at 8pm after the conclusion of this item.

CR/2011/02245/OUT Outline application for the erection of a 3 deck car park (to provide an additional level of car parking to deck car park previously approved under CR/2011/0014/FUL) (amended description) at Sofitel London Gatwick Hotel, Northway, Gatwick, Crawley.

Councillor K Brockwell had visited the site independently.

The Principal Planning Officer provided a verbal update and members noted that there was a typo in the development proposal summary – the total car parking spaces created by this proposal was 566 and not 338.

Permitted subject to standard detailed conditions concerning the reserved matters, permission time limit, vehicle wheel-cleaning facility, stacking and storage, Green Travel Plan, flood compensation areas and no spoil / materials deposit (on land liable to flood).

CR/2011/0231/ADV Erection of x1 non illuminated free standing sign on Radford Road Roundabout, Radford Road, Northgate, Crawley.

Councillor K Brockwell had visited the site independently.

Permitted subject to standard advertisement conditions.

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

70 Development Control Committee 20 June 2011

12. Confirmation of Tree Preservation Order (Bateman Court No.1) P16.2.4

Councillor D G Crow, Ward Member, addressed the meeting and echoed the concerns of the owner and neighbours as detailed in the representations received by the Council objecting to the Order on the following grounds: low amenity value, damage to boundary wall, light prevention, outgrown the garden, common variety and possible issue of indemnity if wall collapsed and injury caused.

The Committee considered report PES/35 of the Head of Planning and Environmental Services. The report stated that an emergency Tree Preservation Order had taken effect from 9 December 2010. The Order related to a maple tree situated to the rear of 1 Bateman Court, Furnace Green, Crawley.

The tree had been inspected by the Council's Arboricultural Officer. He stated that the tree could be seen from the wider area and contributed to the greening of the environment. He acknowledged that the tree had been badly pruned in the past but considered re pruning would address any concerns. He further commented that the reason for the damage to the wall and any potential collapse had not been established but that any Order would not preclude any future works or felling if proven necessary. The Arboricultural Officer concluded that the tree added to the environment and amenity of the site and surrounding area.

Members took into consideration the Arboricultural Officer's comments and the representations received and

RESOLVED

That provisional Tree Preservation Order P16.2.4 Bateman Court NOT be confirmed.

13. 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 paragraphs specified against the item.

14. ENF/2010/0148: Proposed service of an Enforcement Notice to secure compliance with the removal of an unauthorised children’s playhouse (Exempt Paragraph 6 – notice/order )

Members asked that an update be given on this item. The Group Manager said that further drawings had been received but a planning application had not yet been validated. Members requested that if and when a valid application for the proposed playhouse was forthcoming that it be brought before the Development Control Committee for consideration.

71 Development Control Committee 20 June 2011

15. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 9.40 pm.

S A BLAKE Chair

72 General Purposes Committee 27 June 2011

Crawley Borough Council

Minutes of General Purposes Committee 27 June 2011 at 7.00pm Present: Councillor R D Burrett (Chair)

Councillor M L Ayling (Vice–Chair)

Councillors D G Crow, P K Lamb, R A Lanzer, C G Oxlade and L A Walker

Officers Present:

Ann-Maria Brown Head of Legal and Democratic Services Mez Matthews Democratic Services Officer

Apologies for Absence:

Councillors ALI Burke and S J Joyce

1. Councillor C G Oxlade

The Chair welcomed Councillor Chris Oxlade to his first meeting of the Committee.

2. Minutes

The minutes of the meeting of the Committee held on 14 March 2011 were approved as a correct record and signed by the Chair.

3. Members’ Disclosure of Interests

No disclosures of interests were made by Members.

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

The Committee was informed that there were currently four vacancies to be filled on the Panel, as Mr Nick Whitley had advised the Council that he would be retiring at the end of August and Ms Liz Lamport had moved out of the area. The period of appointment of Ms Alison Skinner and Mr Roy Rose, who currently served on the Panel, had expired.

73 General Purposes Committee 27 June 2011

Ms Alison Skinner and Mr Roy Rose had indicated that they would be willing to serve on the Panel for a further 4-year term, should they be re-appointed. With a view to filling the other two vacancies, , the Police and CCVS had been approached and been asked to make a nomination. Chief Inspector Steve Curry and Mary Goodchild (Crawley College) had indicated their willingness to serve on the Panel.

RESOLVED

That Nick Whitley and Liz Lamport be thanked for their contribution to the work of the Panel and wished well for the future.

RECOMMENDATION 3

That Full Council be recommended that Alison Skinner, Roy Rose, Steve Curry and Mary Goodchild be appointed to serve on the Members’ Allowances Independent Remuneration Panel from 2011/12 to 2015/16.

5. Changes to the Constitution

The Committee considered proposed changes to the Constitution. With regards to paragraph 6.1, bullet point (11) of Appendix 1a, the Committee asked why the Overview and Scrutiny Commission would make reports or recommendations to the Council, as it was of the view that the Commission usually only made reports or recommendations to the Cabinet. It was agreed that the Head of Legal and Democratic Services would send out clarification to members of the Committee on this matter. The Committee was of the view that Group Leaders should decide when membership of a scrutiny panel would not be politically balanced, and it was agreed that paragraph 6.2 (2) of Article 6 of Appendix 1a be amended accordingly. The Committee agreed that paragraph 6.4, bullet point (2) of Appendix 1a be further amended to explain that should the Chair of the Overview and Scrutiny Commission be unable to attend a meeting of the West Sussex Joint Steering Group, the Vice- Chair would be asked in the first instance to attend, and another Commission Member nominated by the Chair would only be asked to attend should the Vice-Chair not be available for the meeting.

The Committee was informed that since the Members’ Allowances Scheme for 2010/11 and 2011/12 had been published, the car and van travelling allowances approved by the Inland Revenue had increased from 40p to 45p for the first 10,000 miles. As a result of the increase, proposed amendments to the Members’ Allowances Scheme were tabled at the meeting for the Committee’s consideration. The Committee considered the proposed changes and the agreed the amendments (attached as Appendix 1f to these minutes).

74 General Purposes Committee 27 June 2011

RESOLVED

RECOMMENDATION 4

That the Full Council be recommended that the amendments to the Constitution proposed in Appendix 1 to these minutes be agreed.

6. Changes to the Leader’s Scheme of Delegation

The Committee noted the changes which the Leader had made to his Scheme of Delegation.

RESOLVED

RECOMMENDATION 5

That the Full Council be recommended to receive the amendments which had been made to the Leader’s Scheme of Delegation which are detailed in Appendix 2 to these minutes.

7. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 7.30pm.

R D BURRETT Chair

75 General Purposes Committee 27 June 2011

CHANGES TO THE CONSTITUTION APPENDIX 1

Function Proposed amendment Reason for amendment

Article 6 – Overview and Scrutiny Amend Article 6 to read as per Appendix 1a. To reflect the Joint Scrutiny Commission – Page 21 Arrangements and to reflect current practice. (Chris Pedlow) Additional wording in bold.

Deleted wording shown as crossed-through.

Article 7 – The Leader and Cabinet – Page 27 Amend paragraph 7.2 of Article 7 to read as per Appendix 1b. For clarification purposes.

(Roger Brownings) Additional wording in bold.

Article 7 – The Leader and Cabinet – Page 27 Amend paragraph 7.4 of Article 7 to read as per Appendix 1c. For clarification purposes.

(Roger Brownings) Additional wording in bold.

76 General Purposes Committee 27 June 2011

Function Proposed amendment Reason for amendment

Functions of the Licensing Committee – Page Amend function 57 to read as follows: To reflect current 106 legislation. “(57) Appointment of authorised officers: (James Keating) Additional wording The following function is delegated to the Head of Planning and shown in bold. Environmental Services: To appoint authorised officers for the purposes of the Smoke- Deleted wording shown as free General Provisions Regulations 2007; Smoke-free crossed through. (Exemptions and Vehicles) Regulations 2007; and Smoke-free (Penalties and Discounted Amounts) Regulations 2007 and Sunbeds (Regulation) Act 2010.”

Functions of the Licensing Committee – Page Amend function 43 to read as follows: To reflect current 143 legislation. “(43) Appointment of authorised officers: (James Keating) Additional wording The following function is delegated to the Head of Planning and shown in bold. Environmental Services: Appointment of authorised officers under the Food Safety Act, Deleted wording shown as 1990; European Communities Act 1972; Health Protection (Local crossed through. Authority Powers) Regulations 2010; Health Protection (Notification) Regulations 2010; Health Protection (Part 2A Orders) Regulations 2010; Regulation (EC) no. 178/2002; Regulation (EC) no. 852/2004; Regulation (EC) no. 853/2004; Regulation (EC) no. 854/2004; and the General Food Regulations 2004 (as amended); the Official Feed and Food Controls (England) Regulations 2009; The Trade in Animals and Related Products Regulations 2011; and the Food Hygiene (England) Regulations 2006 (as amended).”

77 General Purposes Committee 27 June 2011

Function Proposed amendment Reason for amendment

Functions of the General Purposes Add the following function: New function. Committee – Page 145 “To review the operation of the Crawley Borough Council Petition To fulfil the requirements of (Steve Lappage) Scheme on an annual basis.” the Crawley Borough Council Petition Scheme.

Council Procedure Rules – Page 214 Amend paragraph 1.1 to read as per Appendix 1d. For clarification purposes.

(Roger Brownings) Additional wording in bold.

Deleted wording shown as crossed through.

Employees’ Code of Conduct – Page 412 Include the Officer’s Declaration of Receipt of Hospitality form To assist officers. (attached as Appendix 1e) as an appendix to the Employees’ (Steve Lappage) Code of Conduct.

Members’ Allowances Scheme - Page 561 Amend the Scheme to read as per Appendix 1f. To reflect current Inland (Steve Lappage) Revenue Car Allowances.

Additional wording in bold.

Deleted wording shown as crossed-through.

78 APPENDIX 1a General Purposes Committee 27 June 2011

EXCERPT FROM ARTICLE 6 – OVERVIEW AND SCRUTINY COMMISSION

ARTICLE 6 – OVERVIEW AND SCRUTINY COMMISSION

6.1. Terms of Reference

The Council will appoint an Overview and Scrutiny Commission with the following terms of reference to discharge the functions conferred by section 21 of the Local Government Act 2000, regulations under section 32 of the Local Government Act 2000 or the Local Democracy, Economic Development and Construction Act 2009:- (1) The performance of all overview and scrutiny functions on behalf of the Council. (2) The appointment of task-orientated, time-limited scrutiny panels, with membership that reflects the political balance of the Council and the setting of such terms of reference and duration as it considers appropriate to fulfil those functions by carrying out overview and scrutiny on functional matters or cross- cutting themes or with an area focus. (3) To receive requests from the Cabinet for scrutiny involvement in policy review and development and decide how to respond. (4) To monitor the Cabinet’s Forward Plan and, where appropriate, comment on proposals prior to the Cabinet taking a decision. (5) To receive all appropriate performance management and budget monitoring information. (This function may either be carried out by the Commission or by one of its panels). (6) To approve and co-ordinate an annual overview and scrutiny work programme, noting the programme of any scrutiny panels it appoints so as to ensure that the Overview and Scrutiny Commission’s and scrutiny panels’ time is effectively and efficiently utilised. (7) To ensure community and voluntary sector organisations, users of services and others are appropriately involved in giving evidence to relevant scrutiny panels. (8) To undertake Best Value Reviews of the Council’s services and to monitor the implementation of previously completed Best Value Reviews. (9) To review the implementation of other completed scrutiny reviews. (10) Where appropriate, to review any other issue affecting the Borough but for which the Council is not directly responsible. (11) To discuss any local government matter or local crime and disorder matter either referred to the Commission or otherwise, to review or scrutinise such a matter and, where appropriate, make reports or recommendations to the Council or the Cabinet. (12) To discuss any item relevant to the functions of the Commission referred to the Commission by a member of the Commission, to review or scrutinise such a matter and, where appropriate, make reports or recommendations to the Council or the Cabinet.

79 General Purposes Committee 27 June 2011

(13) To discuss any local government matter or local crime and disorder matter either referred to the Commission or otherwise, where necessary referring the matter to a scrutiny panel to review or scrutinise and, on receipt of the panel’s report, to make reports or recommendations to the Council or the Cabinet where appropriate. (14) Where appropriate, to recommend to the Council the appointment of non- voting co-optees to serve on the Overview and Scrutiny Commission. (15) Where appropriate, to appoint non-voting co-optees to serve on scrutiny panels. (16) To appoint Chairs of scrutiny panels from the membership of the Overview and Scrutiny Commission. (17) To make reports and recommendations to the County Council or its Cabinet which relate to any local improvement target which: (a) Relates to a relevant partner authority, and; (b) Is specified in a local area agreement of the County Council. When doing so, the requirements of The Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009 apply. (18) To ensure that any reports by the Joint Scrutiny Task and Finish Groups be reported to the appropriate decision maker via the Commission, and that the appropriate decision maker responds accordingly to the West Sussex Joint Scrutiny Steering Group. (19) To hear evidence by a senior Council officer under the Crawley Borough Council Petitions Scheme. (20) To review the steps that the Council has taken in response to a petition. (21) To consider a petition referred to the Commission by the Cabinet, Council or a Committee or Sub-Committee of the Council. Scrutiny Procedure Rule 8 sets out the process to be followed in respect of functions (11), (12) and (13) above.

6.2. General Matters

1. Overview and Scrutiny Commission

The Overview and Scrutiny Commission has responsibility for all overview and scrutiny functions on behalf of the Council. It has a remit to review or scrutinise the full range of the Council’s activities.

Specifically the Commission undertakes policy review, looks closely at decisions the Cabinet is going to take, and oversees the work of the Cabinet. It therefore has an overview of activities across the Council.

2. Scrutiny Panels

The Overview and Scrutiny Commission may establish time-limited scrutiny panels, the number to be running at any one time to be subject to resource constraints. These panels will be charged with carrying out an in-depth investigation into a specific service area or policy or any issue of genuine importance to the town. Each panel will work to a specific brief set out by the Commission and will report to the Commission.

80 General Purposes Committee 27 June 2011

Membership of the scrutiny panels may be drawn from the Commission itself and/or from other non-Cabinet Members of the Council. The panels will be politically balanced unless agreed otherwise by the Group Leaders. Membership will depend on the knowledge and expertise required to deal with the matter in hand, as long as the principle of independence is not compromised. The Commission will appoint the Chair of each panel from the membership of the Commission and agree the other panel members in consultation with the party group secretaries.

Choosing the topics for the scrutiny panels to work on is a key task for the Commission. It will be impossible for the scrutiny panels to cover all the Council’s activities and there is therefore a need to prioritise particular issues. It will also be important for the Commission to hold some capacity in reserve for urgent issues that may emerge.

3. West Sussex Joint Scrutiny Task and Finish Groups

A formal but flexible joint scrutiny arrangement, through an overarching steering group and bespoke task groups, will be established in West Sussex for a pilot period commencing July 2011.

The West Sussex Joint Scrutiny Steering Group will consider suggestions for joint scrutiny and may establish time-limited Task and Finish Groups. The Task and Finish Groups will investigate issues of common concern affecting either the whole county or the areas of more than one District/Borough Council. Any joint scrutiny will be outcomes-focused (i.e. where it’s felt that improvements can be achieved for the community), and will scrutinise performance as opposed to processes. Whilst issues under joint scrutiny may relate to the work of organisations with a wider remit than local authorities (e.g. quangos, utilities, Environment Agency etc.), any scrutiny will not be of the organisations themselves, but rather of relevant issues relating to their work/role.

Any joint scrutiny will be carried out by non-Cabinet members of County, District and Borough Councils. Non-Executive County Council Members who are Cabinet Members on District or Borough Councils (or vice-versa) will not carry out any joint scrutiny activities that relate to their portfolio area.

Any Task and Finish Groups will generally consist of a minimum of 3 number of members, with the exact number to be determined by the Steering Group according to the topic. Membership of Task and Finish Groups will be non- political and geographically balanced (as appropriate). The Steering Group may wish to recommend co-opted members from relevant authorities, but ultimately this should be the decision of the Task and Finish Group.

These Task and Finish Groups will submit a final report via the Overview and Scrutiny Commission(s) to the Cabinet(s) of the relevant Council(s) and/or other partners with a copy to the Joint Steering Group.

81 General Purposes Committee 27 June 2011

6.3. Specific Functions

(1) The Overview and Scrutiny Commission (and its panels) may:

(a) review and scrutinise the decisions made by, and the performance of, the Cabinet and Committees and Council employees both in relation to individual decisions and over time; (b) review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and particular service areas; (c) review other issues which might have impact on quality of life in the town; (d) review any matter relating to, or arising out of, any issue that has previously been referred to scrutiny; (e) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Overview and Scrutiny Commission, or a panel, or and local people, about their activities and performance; and (f) question and gather evidence from any person (with their consent); (g) question members of the Cabinet and Chairs of Committees and Directors/Heads of Service about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects.

In addition, the Overview and Scrutiny Commission may:

(h) make recommendations arising from the outcome of the scrutiny process to the Cabinet (if the proposals are consistent with the existing budgetary and policy framework), to a Committee where the matter falls within its terms of reference or to the Council as appropriate (e.g. if the proposal would require a departure from or a change to the agreed budget and policy framework or if it relates to the outcome of a best value review).

Where the Council is to receive the report, a copy of the report will be submitted to the Cabinet held in the same cycle. The Cabinet may comment upon the report and these comments will be presented to the Council at the time the report is considered;

(i) (exercise overall responsibility for the finances made available to it them; (j) exercise overall responsibility for the work programme of the employees employed to support its their work.

(2) The Overview and Scrutiny Commission (and its panels) will conduct their proceedings in accordance with the Scrutiny Procedure Rules set out in Part 4 of this Constitution.

(3) The remit of the Overview and Scrutiny Commission (and its panels) is not to perform the function of an appellate body nor to examine individual complaints.

(4) The Overview and Scrutiny Commission will not normally be responsible for the development of new policies. This function will be fulfilled by the Policy

82 General Purposes Committee 27 June 2011

Development Forums (see page 435 of this Constitution), except where policy development arises from the Overview and Scrutiny Commission reviewing current policy in which case the Commission may, as part of the review, recommend new policies.

6.4. Role of Chair of Overview and Scrutiny Commission

(1) To oversee and provide leadership, management and strategic direction to the Overview and Scrutiny Commission and process; (2) To represent the Overview and Scrutiny Commission on the West Sussex Joint Scrutiny Steering Group. In the event that the Chair is unable to attend, the Vice-Chair shall attend on his/her behalf. If neither the Chair nor the Vice-Chair are able to attend, another Commission member shall be nominated by the Chair to attend on his/her behalf; (3) To develop and promote the role, profile and impact of overview and scrutiny; (4) To develop a knowledge of the Council and how it relates to other organisations and the community; (5) To develop the skills set for a successful chair of overview and scrutiny; (6) To chair meetings of the Overview and Scrutiny Commission impartially, encouraging contributions from all Commission members; (7) To consider how Scrutiny work might be assisted by:-  arranging informal discussions outside the Committee process or undertaking visits  inviting outside contributors to attend Overview and Scrutiny Commission meetings  calling for reports from Directors or Service Heads or commissioning research; (8) To produce a report for submission to the Cabinet, at a Committee or the Council as appropriate; (9) To present review reports at the Cabinet, at a Committee and/or the Full Council.

6.5. Scrutiny and the Forward Plan

Following the publication of the Forward Plan, Members will be invited by the Head of Legal and Democratic Services to indicate which items, if any, should be scrutinised prior to consideration by the Cabinet. Items should not be identified for Overview and Scrutiny Commission consideration if a Member’s queries could easily be answered by reference to the appropriate Head of Service or relevant Cabinet Member.

83 General Purposes Committee 27 June 2011

APPENDIX 1b

EXCERPT FROM ARTICLE 7 – THE LEADER AND CABINET

7.2. Form and Composition

Commencing with the May 2011 Elections the Council will operate new political arrangements which will be the ‘Strong Leader’ and Cabinet Executive Arrangements Model under the Local Government and Public Involvement in Health Act 2007.

The Cabinet will consist of the Leader appointed by the Council, the Deputy Leader appointed by the Leader, together with at least one, but not more than eight other Councillors appointed by the Leader.

Only Councillors may be appointed to the Cabinet. Neither the Mayor nor the Deputy Mayor of the Council may be appointed to the Cabinet. The Leader and Cabinet Members may not be members of the Overview and Scrutiny Commission.

84 General Purposes Committee 27 June 2011

APPENDIX 1c

EXCERPT FROM ARTICLE 7 – THE LEADER AND CABINET

7.3. Role of the Leader

The role of Leader shall be as follows:-

(1) To appoint the Deputy Leader, the Cabinet and the Cabinet Portfolio Holders; (2) To determine the number of Members to be appointed to the Cabinet and allocate any areas of responsibility to the Cabinet Portfolio Holders; (3) To determine the Scheme of Delegation for the discharge of the Cabinet functions of the Council set out in Part 3 of this Constitution; (4) To give political leadership to Members and Employees; (5) To be the spokesperson for the majority political group; (6) To represent the majority political group’s interests on issues concerning the political management of the Council, liaising regularly with the Chief Executive; (7) To initiate and develop corporate strategies and policies which the majority group wish to pursue; (8) To promote the interests and image of the Council and enhance its influence by building good relationships with local and national, private, public and voluntary sector organisations; (9) Subject to the ceremonial role of the Mayor, to represent the Council and conduct member-level correspondence with Government, Regional Bodies and Local Government Associations.

85 General Purposes Committee 27 June 2011

APPENDIX 1d

EXCERPT FROM COUNCIL PROCEDURE RULES

1. ANNUAL MEETING OF THE COUNCIL

1.1. Timing and Business

The annual meeting of the Council will be held in May.

The annual meeting will:

(i) elect a person to preside if the Mayor or Deputy Mayor are not present; (ii) elect the Mayor; (iii) elect the Deputy Mayor; (iv) approve the minutes of the last meeting; (v) extend a vote of thanks to the outgoing Mayor and Mayoress/Mayor’s Escort; (vi) extend a vote of thanks to the outgoing Deputy Mayor and Deputy Mayoress/Deputy Mayor’s Escort; (vii) receive notification of apologies for absence; (viii) receive the Returning Officer’s report of results of elections; (ix) receive any announcements from the Mayor and/or Chief Executive; (x) elect the Leader if required (Article 7 refers); (xi) On the recommendation of the Membership Committee, agree the number of members to be appointed to the Cabinet. (xi) on the recommendation of the Membership Committee, appoint at least one scrutiny Committee, a Standards Committee and such other Committees as the Council considers appropriate to deal with matters which are neither reserved to the Council nor are Cabinet functions (as set out in Part 3 of this Constitution); (xii) agree the scheme of delegation or such part of it as the Constitution determines it is for the Council to agree (as set out in Part 3 of this Constitution); (xiii) receive the Leader’s written record of delegations made by him/her for Cabinet functions for inclusion in the Council’s Scheme of Delegation; (xiv) approve a programme of ordinary meetings of the Council for the year; (xv) consider any business set out in the notice convening the meeting; and (xvi) consider any urgent business arising since the last ordinary meeting and brought forward by the (i) Cabinet or (ii) Chief Executive; and (xvii) deal with any recommendation of a non-controversial nature contained in the reports of the Cabinet, Overview and Scrutiny Commission and the regulatory Committees.

86 General Purposes Committee 27 June 2011

APPENDIX 1e

FORM TO BE INCLUDED IN THE EMPLOYEES’ CODE OF CONDUCT

Officer’s Declaration of Receipt of Gifts or Hospitality

Name

What was the gift or hospitality?

What is your best estimate of its market value or cost?

Who provided it?

When and where did you receive it?

Does it come within one of the categories of gifts or hospitality listed as ‘acceptable’ in the Employees’ Code of Conduct (in the Council’s Constitution)?

Did you take advice from the Monitoring Officer before accepting it?

Were there any special circumstances justifying acceptance of this gift or hospitality?

Do you have any contact with the person or organisation providing the gift or hospitality in your role as a member of the Council’s staff?

Signed Date

Completed form to be submitted to the Monitoring Officer who will maintain a record of declarations.

87 General Purposes Committee 27 June 2011

APPENDIX 1f

EXCERPT FROM THE MEMBERS’ ALLOWANCES SCHEME

MEMBERS’ ALLOWANCES SCHEME 2010/2011 and 2011/12 (From 1 April 2010 to 31 March 2012)

1. This scheme may be cited as the Crawley Borough Council Members’ Allowances Scheme, and shall have effect from 1 April 2010 to 31 March 2012.

2. In this scheme,

“Councillor” means a member of the Crawley Borough Council who is a Councillor;

“total estimated allowances” means the aggregate of the amounts estimated by the Head of Finance, Revenues and Benefits, at the time when a payment of basic allowance or special responsibility allowance is made, to be payable under this scheme in relation to the relevant year, and for this purpose any election under paragraph 9 shall be disregarded;

“year” means the 12 months ending with 31 March.

3. Basic Allowance

Subject to paragraph 10, for each year a basic allowance of £5,949 shall be paid to each Councillor.

4. Special Responsibility Allowances

(1) For each year a special responsibility allowance shall be paid to those Councillors and Co-opted Members who hold the special responsibilities in relation to the authority that are specified in schedule 1 to this scheme.

(2) Subject to paragraph 10, the amount of each such allowance shall be the amount specified against that special responsibility in that schedule.

5. Travelling and Subsistence Allowances

(1) Travelling and subsistence allowances shall be paid to Councillors and co- opted members in the following circumstances:-

(a) the attendance at a meeting of the authority or of any Committee or Sub-Committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any Committee or Sub-Committee of such a body;

(b) the attendance at any other meeting, the holding of which is authorised by the authority, or a Committee or Sub-Committee of the authority, or a joint Committee of the authority and at least one other authority within the meaning of section 270(1) of the Local Government Act 1972, or a Sub-Committee of such a joint Committee, provided that:-

88 General Purposes Committee 27 June 2011

(i) where the authority is divided into two or more political groups it is a meeting to which members of at least two such groups have been invited; or

(ii) if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;

(c) the attendance at a meeting of any association of authorities of which the authority is a member;

(d) the attendance at a meeting of the Cabinet or a meeting of any of its Committees, where the authority is operating Cabinet arrangements;

(e) the performance of any duty in pursuance of any standing order made under section 135 of the Local Government Act 1972 (requiring a member or members to be present while tender documents are opened);

(f) the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises;

(g) the carrying out of any other duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or any of its Committees or Sub-Committees. (The duties approved by the Council for the payment of travelling, subsistence and dependant care allowances under this sub-section are specified in schedule 2 to this scheme.)

(2) The level of travelling allowances payable to Councillors and Co-opted Members shall be based on that approved by the Inland Revenue as currently set out below. Although no changes to these Inland Revenue rates have been made since 2002 and none are expected, if there are any changes the figures below will be amended accordingly:-

First 10,000 miles Each mile over 10,000 Cars and vans 40p 45p 25p

Motor cycles 24p 24p

Bicycles 20p 20p

In addition, elected Members may claim a passenger supplement of 5p per mile for carrying passengers in a car or van who would otherwise be entitled to a travelling allowance.

(3) The level of subsistence allowances payable to Councillors and Co-opted Members shall be the same as those paid to officers. The figures set out below relate to the allowances paid in 2009/10 2010/11. The officer rates will be updated annually on 1 April each year to tie in with any changes in the retail price index. This has not yet been determined for 2010/11 (as of 22 February 2010). If there is an increase the figures below will be increased accordingly.

89 General Purposes Committee 27 June 2011

Subsistence Allowances Rate

Breakfast (more than four hours absence before £6.45 11.00 a.m.)

Lunch (more than four hours absence including the £8.91 period 12 noon to 2.00 p.m.)

Tea (more than four hours absence including the £3.53 period from 3.00 p.m. to 6.00 p.m.)

Evening Meal (more than four hours absence ending £11.03 after 7.00 p.m.)

Out of Pocket Expenses (residential training courses):

Per night £4.97 Per week £19.86

Overnight Rate

Overnight rate should be the actual cost up to a maximum of £86.46 (or £99.51, if in London) subject to the Head of Legal and Democratic Services being empowered to authorise a higher amount in specific instances where suitable accommodation cannot be found within the limit.

6. Dependant Carers’ Allowance

A Dependant Carers’ Allowance of the actual cost up to £8.82 per hour shall be payable to cover the cost of caring for a Councillor’s dependent children or elderly/disabled relatives whilst a Councillor is undertaking an approved duty, provided the carer is not a member of the Councillor’s own household. In addition, the Dependant Carers’ Allowance, at the level prescribed above, shall be payable to cover the cost of a live-in nanny caring for a Councillor’s dependant whilst the Councillor is undertaking an approved duty. In other circumstances where professional babysitting and care services are used and a minimum period for the service is imposed by the service provider, then the period in respect of which the allowance is payable shall include the whole period for which a Councillor is charged.

The Dependant Carers’ allowance shall only be payable in relation to duties described in paragraph 5 (a) to (g) above.

90 General Purposes Committee 27 June 2011

7. Local Government Pension Scheme

Elected Councillors under 75 years of age shall be admitted to the local government pension scheme, if they so wish.

Pensions shall be calculated based on average earnings (and not on final salary) and payments shall be index-linked.

Only basic allowances and special responsibility allowances shall be pensionable.

The pension scheme will provide a pension at age 70 for those with at least two year’s membership of the scheme or a reduced pension for members retiring between 65 and 70.

8. Co-opted Members

Co-opted Members shall only receive travelling and subsistence allowances and any special responsibility allowance which might apply.

9. Renunciation

A Councillor may by notice in writing given to the Head of Finance, Revenues and Benefits elect to forego any part of his/her entitlement to an allowance under this scheme.

10. Part-Year Entitlements

(1) The provisions of this paragraph shall have effect to regulate the entitlements to basic and special responsibility allowances where, in the course of a year, this scheme is amended or that Councillor becomes, or ceases to be, a Councillor, or an office holder accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable.

(2) If an amendment to this scheme changes the amount to which a Councillor or an office holder is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods

(a) beginning with the year and ending with the day before that on which the first amendment in that year takes effect, or

(b) beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year,

the entitlement to such an allowance shall be to the payment of such part of the amount of the allowance under this scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year.

(3) Where the term of office of a Councillor begins or ends otherwise than at the beginning or end of a year, the entitlement of that Councillor to a basic allowance shall be to the payment to such part of the basic allowance as bears to the whole the same proportion as the number of days during which his or her term of office subsists bears to the number of days in that year.

(4) Where this scheme is amended as mentioned in sub-paragraph (2), and the term of office of a Councillor does not subsist throughout the period mentioned in sub- paragraph (2) (a), the entitlement of any such Councillor to a basic allowance shall

91 General Purposes Committee 27 June 2011

be to the payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during his or her term of office as a Councillor subsists bears to the number of days in that period.

(5) Where an office holder has during part of, but not throughout, a year such special responsibilities as entitle him or her to a special responsibility allowance, that office holder’s entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year.

(6) Where this scheme is amended as mentioned in sub-paragraph (2), and an office holder has during part, but does not have throughout the whole, or any period mentioned in sub-paragraph (2) (a) of that paragraph any such special responsibilities as entitle him or her to a special responsibility allowance, that office holder’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he or she has such special responsibilities bears to the number of days in that period.

11. Suspension

Any allowance payable to a Councillor during a period of suspension, or partial suspension, which is imposed due to a breach of the Code of Conduct shall be withheld. Where payment of any such allowance has already been made, that part of the allowance which relates to the period of suspension shall be repaid to the Council.

12. Payments

Payments shall be made in respect of basic and special responsibility allowances and pensions in monthly instalments in arrears (subject to paragraph 9 above - renunciations).

92 General Purposes Committee 27 June 2011

SCHEDULE 1

The following are specified as the special responsibilities in respect of which special responsibility allowances are payable and the amounts of those allowances:-

The allowances for 2010/11 and 2011/12 are set out below subject to any adjustments to the level of allowances being determined by using the Chief Officers’ pay awards as the index. At the time of producing this draft scheme, the Chief Officers’ pay award for 2010/11 has not yet been finalised was expected to be 0%. However, in the light of recent statements by the employer’s organisation it is expected it will be a 0% pay award. If there is an increase the figures below will be increased accordingly. However, since agreeing this scheme, the Chief Officers’ pay awards for 2010/11 and 2011/12 have both been 0%.

Office Holder Special Responsibility £ Basic allowance (all Councillors) 5949 Leader of the Council 14281 Cabinet Portfolio Holders 7138 Overview and Scrutiny Commission Chair 6389 Vice Chair of Scrutiny Commission 1166

Chair of Performance Monitoring Scrutiny Panel 1133

Payment to Chair of any other Scrutiny Panel 1133

(note: Members would be entitled to only one Scrutiny Panel £1133 allowance per year, including that relating to the Performance Monitoring Scrutiny Panel even if they chose to undertake a second review)

Chair of Development Control Committee 5949 Vice Chair of Development Control Committee 2380 Chair of Licensing Committee 5949 Vice Chair of Licensing Committee 1166 Chair of Standards Committee 2380 Chair of General Purposes Committee 2380 Chair of Audit and Governance Committee 2380 Chair of Budget Advisory Group (payable provided the 2380 post holder is not a Cabinet Member) Leader(s) of minority group(s) (differential rates depending on number of members in that Group);  basic allowance 2200  additional payment per group member 274

No member is entitled to more than two special responsibility allowances. If they fulfil three or more of the above roles, they are paid only the highest two allowances.

93 General Purposes Committee 27 June 2011

SCHEDULE 2

The following are approved duties for the payment of travelling, subsistence and dependant care allowances in accordance with sub-section 5 (g) of this scheme:-

(i) Attendance at seminars and training courses funded by the Crawley Borough Council, whether held in the Town Hall or elsewhere.

(ii) Attendance at meetings with Council Officers in connection with Crawley Borough Council duties.

(iii) Attendance at meetings with other local authorities, central government or other agencies in connection with Crawley Borough Council duties.

(iv) Attendance at meetings with members of the public in connection with Crawley Borough Council duties.

(v) Attendance at meetings with voluntary organisations or public sector bodies, award ceremonies, or public events in connection with Crawley Borough Council duties.

94 APPENDIX 2

CHANGES TO THE LEADER’S SCHEME OF DELEGATION

Function Proposed amendment Reason for amendment

Leader’s Scheme of Delegation (General) – Add the following wording before each section of the Leader’s For clarification purposes. Pages 158, 166, 179, 181, 182, 185, and 189 Delegation Scheme:

(Mez Matthews) “Any changes made by the Leader to his/her Scheme of Delegation will take place immediately and will be reported to the next ordinary meeting of the Full Council.”

Environmental Matters Delegated to Cabinet Amend delegation A1 to read as follows: To reflect new legislation. Members and Officers – Page 158 The following functions are delegated to the Head of Planning (James Keating) and Environmental Services New wording shown in The appointment of Proper Officer/Medical Officer in respect of bold. the following legislation:-  Public Health (Control of Disease Act) 1984 (power to act in relation to notifiable disease and related matters)  Health Protection (Local Authority Powers) Regulations 2010  Health Protection (Notification) Regulations 2010  Health Protection (Part 2A Orders) Regulations 2010  Public Health (Aircraft) Regulations  National Assistance Act 1948  National Assistance (Amendment) Act 1951  Public Health (Aircraft) (Amendment) Regulations 1978  Public Health Act 1936  Public Health Act 1961  Milk and Dairies (General) Regulations 1959  Public Health (International Trains) Regulations 1994”

95 Function Proposed amendment Reason for amendment

Environmental Matters Delegated to Cabinet Amend delegation A9 to read as follows: To reflect the Trade in Members and Officers – Page 159 Animals and Related The following functions are delegated to the Head of Planning Products Regulations 2011 (James Keating) and Environmental Services legislation. (a) Appointment of officers to carry out the Council’s responsibilities under the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 (as New wording shown in amended) Trade in Animals and Related Products bold. Regulations 2011 (as amended) (b) Appointment of authorised officers under the Official Feed Deleted wording shown as and Food Controls (England) Regulations 2009 crossed through. (c) Appointment of officers to carry out the Council’s responsibilities under the Products of Animal Origin (Import and Export) Regulations 1996 (as amended) (c) Appointment of officers to carry out the Council’s responsibilities under the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009.

Cabinet Procedure Rules (Cabinet Portfolios) Amend the following Portfolios to read: To reflect the new – Page 277 Executive Governance  Chair of the Cabinet / Leader of the Council Arrangements. (Mez Matthews)

Where relevant Delete all occurrences of “Vice Chair of the Cabinet” and replace To reflect the new with Deputy Leader. Executive Governance (Mez Matthews) Arrangements.

96 Audit and Governance Committee 29 June 2011

Crawley Borough Council

Minutes of Audit and Governance Committee 29 June 2011 at 6.30pm

Present: Councillor A J E Quirk (Chair)

Councillor I T Irvine (Vice Chair)

Councillors B K Blake and C C Lloyd

Also in Attendance:

Councillor K J Trussell Helen Thompson, District Auditor, of the Audit Commission Emma Bryant, Audit Manager, of the Audit Commission.

Officers Present:

Chris Bower Senior Auditor (as an observer only) Roger Brownings Democratic Services Officer Chris Corker Fraud and Inspections Manager David Covill Director of Resources Gillian Edwards Audit and Risk Manager Nicola Faulkner Auditor (as an observer only) Chris Harris Head of Amenity Services Dave Rawlings Head of Finance, Revenues & Benefits

Apologies for Absence:

Councillors C R Eade and L A Walker

1. Minutes

The minutes of the meeting of the Committee held on 16 March 2011 were approved as a correct record and signed by the Chair.

2. Members’ Disclosure of Interests

No disclosures of interests were made.

97 Audit and Governance Committee 29 June 2011

3. Fraud and Inspections Team Report

The Committee considered report FIN/237 of the Revenue Business Manager, which focused on activity for the period from 1 April 2011 to 31 May 2011. In advising the Committee on performance, the Fraud and Inspections Manager confirmed that the format of the report had been amended from previous years, and now gave wider performance information on such issues as the outcomes of closed cases. The Team was now fully staffed and new procedures put forward, and the Committee was pleased that updated figures conveyed to the meeting - including those in terms of additional cautions and penalties applied since 31 May, indicated further improvement on the Service’s overall effectiveness.

As previously advised, the Welfare Reform Bill 2011 had been published in February 2011, and the Bill had now completed the Committee stage without amendments to the proposed introduction of a new Single Fraud Investigation Service (SFIS). In response to comments from the Chair, the Head of Finance, Revenues & Benefits informed the Committee that a senior civil servant from the Department of Work and Pensions was due to meet with representatives of this Council on 18 August to discuss the proposed centralised delivery of Universal Credits. There would be an opportunity at that meeting to raise issues around concerns about the implications of the change.

The Committee considered a draft Fraud Strategy for Housing and Council Tax Benefit which had been developed for the Service.

RESOLVED

(1) That the report, including the new format, be noted.

(2) That the Fraud Strategy for Housing and Council Tax Benefit, as set out in Appendix A to report FIN/237, be approved

4. Audit Plan 2010 / 2011

The Committee considered the 2010 / 2011 Audit Plan prepared by the Audit Commission, which was attached as Enclosure C to the agenda. The Plan was presented by Helen Thompson and Emma Bryant of the Commission.

The Plan set out the audit work that the Audit Commission proposed to undertake for the audit of financial statements and the value for money conclusion for 2010/11, and was based on the Commission’s risk-based approach to audit planning. The timetable for the key activities concerned were contained in Table 4 of the Audit Plan.

Following comments from Members with regard to the Government’s announcement that the Audit Commission was to be disbanded, Helen outlined issues associated with proposed new arrangements for the audit of local authorities generally. This matter was to be discussed in greater detail as part of a report to be presented later at this meeting

RESOLVED

That the Audit Plan for 2010 / 2011 be noted.

98 Audit and Governance Committee 29 June 2011

5. 2010 / 11 Statement of Accounts

The Committee considered report FIN/239 of the Head of Finance, Revenues and Benefits.

The Accounts and Audit Regulations (Amended) 2011 set out the requirements for the accounts and audit of certain public bodies. One of the requirements was for the statement of accounts to be approved by a resolution of a Committee and for the Chair to sign the accounts. The latest date by which the accounts had to be approved had changed from 30 June to 30 September. On this basis the Council’s 2010 /11 Statement of Accounts would be presented to the Committee for approval at its meeting on 21 September. The Committee acknowledged that one of the advantages of this change was that the Committee could now approve the statement of accounts after it had been audited. The unaudited accounts were currently available on the Council’s web site.

RESOLVED

That the position regarding the Statement of Accounts be noted.

6. New Audit Arrangements

The Committee considered report FIN/238 of the Head of Finance, Revenues and Benefits.

Following its announcement that the Audit Commission would be disbanded, the Government had issued a consultation paper on new arrangements for the audit of local authorities. The closing date for responses to the consultation paper was 30 June 2011. The Committee was asked to consider whether it supported the response as drafted or whether it would wish to amend the response. The consultation paper was attached as Appendix 1 to the report, with the draft response attached as Appendix 2.

The Committee had an interest in all aspects of the proposed arrangements, and whilst considering issues generally, particular attention was given to the proposals for Audit Committees and the role of independent members of those committees. The Committee expressed significant concern in terms of choosing an independent member on the basis that the proposals were suggesting that a person could only be considered for the position if he or she had not been a member nor an officer of the local authority/public body within five years before the date of the appointment. The proposals went further in that it was intended that the majority of members of the committee should be independent, with the chair and vice chair also being independent members. Under the criteria proposed, the Committee did not believe that it would be possible to identify sufficient independent members with the right skills and knowledge to serve on Audit Committees. The proposals excluded a large proportion of the public who might have those skills and knowledge, and even with some form of remuneration, the Committee considered that the proposals would not attract sufficient interest.

With regard to the report generally, and bearing in mind the limited time between the Committee’s consideration of the issues concerned and the date that the associated response was required for submission, the Chair asked that in similar cases in the future, Members be given an earlier opportunity to consider and talk through the issues raised, before the formal submission date.

99 Audit and Governance Committee 29 June 2011

RESOLVED

(1) That the draft response as amended to reflect the Committee’s comments above regarding the appointment of independent members to Audit Committees (being with regard to question 14 of the consultation paper) be sent to the Government on behalf of the Council.

(2) That the complete response as amended and sent the Government, be made available to Members of the Committee on request.

7. Procurement - Framework Agreements

The Committee considered report FIN/236 of the Head of Finance, Revenues and Benefits. The report set out information to help clarify the use of framework agreements as part the procurement process, and was submitted in response to the Committee’s request made at its last meeting on 16 March 2011

RESOLVED

That the report be noted.

8. Whistleblowing Procedure – Monitoring Officer’s Annual Summary

The Whistleblowing Procedure required the Monitoring Officer to report to this Committee on an annual basis, a summary of concerns received directly by the Council and those received via the independent hotline. It was reported that there had not been any reports under the Council's Whistleblower Procedure nor had there been any reports via the Staff Line for the period 2010/2011.

RESOLVED

That the report be noted.

9. Internal Audit Progress Report as at 31 May 2011 incorporating the Audit and Risk Section’s Annual Report

The Committee considered report FIN/240 of the Head of Finance, Revenues and Benefits. The purpose of the report was to update the Committee on the progress made towards the completion of the 2010 / 2011 and 2011 / 2012 Internal Audit Plans, and to report on the progress made in implementing the previous recommendations of the Committee. The report also included the Audit and Risk Section’s Annual report for 2010 / 2011 as Appendix B.

The Audit and Risk Manager informed the Committee that since the last update seven pieces of work had been completed this quarter from the 2010 / 2011 Audit Plan, along with two pieces of other work. The audit opinions ranged from no assurance to substantial assurance, with high priority findings to report in relation to the Walled Garden Café and the Depot. Further details of the high priority findings and recommendations were set out in Section 4 to the report. In connection with that Section 4, Members were advised of the text that had inadvertently been omitted from the very end of item b) at the top of page 7 of the report, which should have read: “to investigate informally, then formally and if necessary hold a formal hearing”. The

100 Audit and Governance Committee 29 June 2011

Committee was advised that progress against recommendations would be followed up and be reported to the Committee at it next meeting in September.

The Committee noted the reviews in progress from the 2010/11 and 2011/12 Audit Plans along with other work, details of which were set out in paragraph 3.2 of the report.

It was noted that no "unplanned work" had been carried out since the last report to the Committee.

Members acknowledged that the Audit and Risk Section’s Annual Report for the period 2010 / 2011 had been produced in accordance with the requirements of the Code of Practice. The Audit and Risk Manager considered that in her opinion, for the period in question, the Council had had an adequate effective and reliable framework of internal control, which had provided reasonable assurance regarding the effective and efficient achievement of the Council’s objectives. The Audit and Risk Section’s Annual Report for the period 2010/2011 (attached as Appendix B to the report) was noted.

RESOLVED

That the Internal Audit Progress report, and the progress made for the period up to 31 May 2011 be noted; together with the Audit and Risk Section’s Annual Report for the period 2010/2011.

10. 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.

11. Internal Audit Progress Report as at 31 May 2011 - Snell Hatch Cemetery (Exempt – paragraph 2 – Information which is likely to reveal the identity of an individual).

The Committee considered report FIN/241 of the Head of Finance, Revenues and Benefits.

RESOLVED

That the contents of the report be noted.

12. Closure of Meeting

The meeting ended at 7.55 pm.

A J E QUIRK Chair

101 Overview and Scrutiny Commission 4 July 2011

Crawley Borough Council

Minutes of the Overview and Scrutiny Commission Monday 4 July 2011 at 7.00pm

Present: Councillor Dr H S Bloom (Chair) Councillor M G Jones (Vice-Chair) Councillors B J Burgess, R G Burgess, J I Denman, C C Lloyd, J L Miller–Smith, A J E Quirk, and B A Smith.

Also in Attendance: Councillors R D Burrett, A C W Crane, L R Gilroy and R A Lanzer.

Independent Mr P Nicholson (Chair of the Standards Committee – Observing). Member

Apology for Absence: Councillor ALI Burke.

Officers Present: David Covill Director of Resources Rachel Cordery Principal Planning Officer Don Edwardson Community Safety Officer Lee Harris Chief Executive Steve Kirby Enforcement and Technical Services Manager Chris Pedlow Democratic Services Officer – Scrutiny

14. Minutes and Matters Arising

The minutes of the meeting of the Commission held on 13 June 2011 were approved as a correct record and signed by the Chair. The Commission also noted the Cabinet’s response to the Comments sheet.

15. Members’ Disclosure of Interests and Whipping Declarations

No disclosures of interests or whipping declarations were made.

16. Public Question Time

No questions from the public were asked.

17. Civil Parking Enforcement (CPE) Update

The Commission considered report OSC/133 of the Enforcement & Technical Services Manager, which provided Members with an update on how successful the

102 Overview and Scrutiny Commission 4 July 2011

implementation of Civil Parking Enforcement (CPE) within Crawley had been. It was noted that Crawley Borough Council (CBC) had been acting as the West Sussex County Council (WSCC) agent for the enforcement for on and off street parking/ CPE since April 12th 2010. Members were reminded that CPE was to be self-financing i.e. on-going enforcement costs were met by income received from Penalty Charge Notices (PCNs), with the initial set up costs to be paid back to WSCC over a five year period.

Members were guided through the report, with some context to each of the sections being provided. They then asked questions and sought clarifications including:

 Confirming that CBC was on track to pay back to WSCC the set up cost within 2 ½ years rather than the expected 5 years.  The reason why Parking Enforcement Officers (PEO) had no discretion on rescinding fines was for their safety, so they could not be intimated to change/ rescind the ticket. All appeals were dealt with by separate officers at the Council.  That double yellow lines which run in parallel to grass verges, also cover the verge itself.  It was confirmed that PEO do regularly enforce neighbourhood parades, where traffic regulation orders (TROs)/ times limits on the parking, were installed and that they would enforce any area of the Borough where there were TROs.  It clarified what the term, ‘No. of informal challenges rejected’ contained within the graph, in paragraph 6.3, on page C/6, was when a resident initially challenges their ticket, but then was shown the evidence and then they accept the fine.  In the table within paragraph 5.5 on page C/5, it was noted that the reason for over £101k worth of unpaid PCN’s was because it was an ongoing process, so there would always be outstanding PCN’s.

Members were pleased with how well CPE had been implemented, both in terms of being able to pay back the initial set up cost back in half the expected time and with also the positive feedback from WSCC on the services provided as detailed in paragraph 6.4 of the report. The Commission’ asked that their congratulations be sent to the staff for all their hard work on CPE.

RESOLVED

1. That the Commission note the report and their thanks and congratulations be sent to the Council’s Parking Services team for the successful implementation and running of the CPE.

2. That the Commission asked that the Parking Scrutiny Panel focus especially on parking on verges, Parking Enforcement Officers’ safety and CPZs, along with the aspects contained within its scope.

18. Anti Social Off-Road Motorcycling Scrutiny Panel – Proposed Way Forward for the 2011 Campaign

The Commission considered report OSC/132 by the Community Safety Officer, which was tabled at the meeting, with the agreement of the Commission’s Chair. The report provided Members with a reminder as to what had been implemented as a result of the Scrutiny Panel findings including the publicity campaign. The report also showed the significant reductions in the number of complaints recorded of mini motos, quad

103 Overview and Scrutiny Commission 4 July 2011

bikes and off-road motorcycles driving anti socially; in 2009 there were 137 cases between March and August, whilst in 2010 during the same period there were 78 cases, a reduction of 43%.

Members were informed that in 2011 the campaign had been re-established based on the success of the previous year’s model. Including:

 A press release in local newspapers  Campaign leaflets made available at the Town Hall  Campaign promoted in police neighbourhood newsletters  Posters displayed in community centres and on parade notice boards  Campaign article and poster in Crawley Live  Campaign leaflet drops in hot-spot locations by the Youth Offending Team  Campaign leaflets distributed by Guinness Trust RSL in Broadfield  Campaign material in Broadfield and Bewbush Libraries

The Community Safety Officer also confirmed that the search for a permanent site for off road motorcycling track was continuing between himself and Property Services, including consideration for a site outside of the Borough, but close to the boundary.

The Commission were pleased that the campaign had been rerun and were interested to see what this year’s figures were, which the Community Safety Officer offered to send them electronically.

RESOLVED

1. That the re-establishment of the Anti Social Off-Road Motorcycling Scrutiny Panel be held in abeyance until the Commission receives an update report on the success of the 2011 campaign at its meeting to be held on 28 November 2011.

2. That the Community Safety Officer sends to the Commission the current statistics of recorded incidents of ‘Anti Social Off-Road Motorcycling’ from March to June 2011.

19. Budget Strategy 2012/2013 – 2016/2017

The Commission considered report DIRr/42 of the Director of Resources. Members were informed that the key issues contained within the report included ensuring a balanced budget in 2012/2013 and to limit any increase in the Council’s element of Council Tax to a maximum of 2%. The General Fund savings target was £650,000 for 2012/2013 that being in addition to the £848,000 that had already been achieved, thus totalling £1.498million. A savings target for the Housing Revenue Account (HRA) of £300,000 also in 2012/2013 was proposed. To increase the Capital Programme budget in 2014/2015 from £5million to £10million and to approve the transfer of £2.458million from the General Fund reserve to the Capital Reserve, to help fund the proposed capital increase.

The Commission held an in-depth discussion with the Leader and the Director of Resources on the report, including seeking clarifications on the principles that have shaped the strategy. The Commission was interested to see how accurate the assumptions within the report would prove to be and if they were not, what the impact and changes to the Budget Strategy would be as a result. Discussions were also held on the saving targets, both those proposed and those previously agreed, with some

104 Overview and Scrutiny Commission 4 July 2011

Members questioning as to whether there was to be high expectations on the savings/ revenue increase from the results of the market testing of The Hawth and including its facilities.

Questions were raised as to the underlying reasoning for the additional £5million capital spends and what had been earmarked for funding. In response they were informed that the extra funding was to enable the Budget Advisory Group (BAG) to have greater flexibility to support more capital bids. Noting that for the last couple of years a number of capital proposals had been suggested but rejected by BAG in favour of other higher priority bids. Also that there might be the need for further support for water management projects, however nothing was set in stone.

The Leader said in answer to a question, he confirmed that the Council had not been affected detrimentally in any biding process, such as lottery funding, because of the Council holding significant reserves. He used the example of the recent successful bid from the Heritage Lottery fund for the improvements at Worth Park Gardens.

In conclusion the majority of Members felt that the strategy seemed to provide a good framework for officers to work with to develop savings, capital and revenue proposals for the BAG process later on in the year. Conversely, some Members expressed concerns that the strategy did not provide enough detail, especially in respect of the proposals to increase the capital spend in 2014-2015. A vote was held on the proposed transfer from the General Fund reserve to the Capital reserve, with it being agreed to support the proposal by 6 votes to 0 with 3 Members abstaining, due to the lack of information available.

The Commission commented that they looked forward to seeing how the budget strategy progresses into the budget process and would await further reports.

RESOLVED

1. That the proposed transfer of the £2.458 million from the General Fund reserve to the Capital reserve be supported and that the Cabinet be informed of this, along with all the various views and concerns expressed.

2. That the Commission noted the Budget Strategy 2012/2013 – 2016/2017.

20. Overview and Scrutiny Commission’s Work Programme 2011-2012

Councillor Dr Bloom introduced report OSC/131 by the Chair of the Overview and Scrutiny Commission and the Democratic Services Officer – Scrutiny, and explained that the report contained the findings from the Commission’s Awayday held on Tuesday 28 June. At that event Members had examined the seven proposed topics for scrutiny reviews for 2011/2012, which had each previously been investigated by an individual Commission Member as described in paragraph 2.3 of the report.

The Commission then examined individually each of the Awayday’s proposals as set out in Section 3 of the report. The Commission supported the Awayday’s proposals in respect of Building Control Service, Council Representation on Outside Bodies, Grass Verges, Recording Minutes and Youth Provision within Crawley, including that Councillor Ali Burke would be the Chair and that the Panel’s size would be made of 6 members (4 Conservative and 2 Labour Group Members in accord with political proportionality).

105 Overview and Scrutiny Commission 4 July 2011

On the topic Partnership Transport Strategy for Crawley Town FC, a discussion occurred following some concerns being raised by Officers that this proposed review could duplicate work that was actually happening and affect any planning application that may be made by Crawley Town FC. It was suggested that a one off meeting might be a more suitable approach rather than establishing a review. The Commission considered the new proposal along with their Awayday’s recommendation. The Commission collectively confirmed that they wish to establish a Scrutiny Panel on this topic, as it would examine the issues in more detail compared to a one off meeting. Also it was reconfirmed the review was not meant to be a negative review i.e. ‘anti the Football Club’ but to be positive, through working with Crawley Town in addressing concerns and enhance their role in the local community. It was acknowledged that in terms of not affecting the planning process, legal advice should be sought as part of the scoping process to ensure no problems occur.

Members reconfirmed the Awayday’s proposal that a Scrutiny Panel be established with Councillor Jones as the Chair, and the Panel size be made up of 6 members (4 Conservative and 2 Labour Group Members in accord with political proportionality). They also agreed that Councillor Jones should meet with the relevant Officer in the near future to define the draft scope and as a result confirm when the review should start.

On the proposal of ‘Commencement of Concessionary Bus Fares and Bus Services within Crawley’, Members at the Awayday requested that Rachel Cordery, Principal Planning Officer attend the meeting of the Commission to provide them with further information on both of those bus related suggestions. The Principal Planning Officer confirmed that the decision over the county wide 9.30am start of the concessionary fares had been made and it had been implemented. Also that if the Council so wished it could further subsidise the confessionary fare scheme to enable a 9.00am start.

In terms of the reductions of bus services within the Borough, the decision by West Sussex County Council on the reductions to the financial support to non commercially viable bus services, had not yet been made and was likely to occur by the end of July 2011. She commented that without that decision having been made, it was not possible to confirm what the actual affects and impacts would be on Crawley’s bus services. With that confirmation in mind Members agreed that they could not make any decisions and requested a report at their next meeting in September 2011 on the future of Crawley’s bus services. It was also confirmed that the general topic of bus services should not be offered as a potential topic for Joint scrutiny at this stage.

RESOLVED

1. That the Commission agreed the following for each of the proposed scrutiny topics:

(i) Building Control Service – That the review be rejected and instead at the Portfolio Holder discussion with the Cabinet Member for Planning and Economic Development the Commission receives an update on the performance of the service.

(ii) Commencement of Concessionary Bus Fares and Bus Services within Crawley – That the topic be held in abeyance, including for joint scrutiny purposes, until any changes in the funding of bus services had been confirmed, and that the Commission at its meeting in September 2011 receives a further report identifying the implications for the future of Crawley’s bus services, should the funding changes occur.

106 Overview and Scrutiny Commission 4 July 2011

(iii) Council Representation on Outside Bodies – That the review be rejected at this stage and reconsider the topic in early 2012, in light of the work officers were doing to address some of the issues raised by Members.

(iv) Grass Verges – Reject the review, and request that the Parking Scrutiny Panel incorporate within its scope vehicles being parked and advertised for sale on grass verges.

(v) Partnership Transport Strategy for Crawley Town FC – That a scrutiny review be established to review the transport related issues surrounding Crawley Town FC, with Councillor Michael Jones as the Chair, comprises of 6 Members (i.e. 4 Conservative and 2 Labour Group Members in accord with political proportionality) and, that Councillor Jones prior to the commencement of the review be consulted in the drafting of scope for considered at the first meeting of the Panel.

(vi) Recording Minutes – That the review be rejected, but instead ensure that Members would be consulted on the guidance when it was being produced.

(vii) Youth Provision within Crawley – That a scrutiny review be established to review Youth Provision within Crawley, with Councillor Ali Burke as the Chair, comprises of 6 Members (i.e. 4 Conservative and 2 Labour Group Members to accord with political proportionality) and, that Councillor Ali Burke prior to the commencement of the review, be consulted in the drafting of scope to be considered at the first meeting of the Panel

2. That the Commission agree the OSC Work Programme for 2011-2012 and request a further version for their consideration at their meeting on Monday 28 November 2011

21. Portfolio Discussion with the Cabinet Member for Continuous Improvement and Development

The Commission noted the report prepared by Councillor Burrett on his Continuous Improvement and Development Portfolio and questioned him on the report and on a variety of other issues relating to his Portfolio.

The following topics were discussed:

i) The Council’s commitment to support the Graduate Trainee and Apprenticeship Schemes, and the Young Persons Employment Framework - The Commission asked to receive further information, via e-mail, on the Young Persons Employment Framework. ii) The introduction of a scheme for staff to buy and sell some of their annual leave – It was noted that that would be part of a new staff flexible benefits package. iii) The Council’s complaints procedures – It was noted that the Performance Monitoring Scrutiny Panel received a quarterly complaints report. It was requested that this report be included within the Members’ Information Bulletin also.

107 Overview and Scrutiny Commission 4 July 2011

iv) Members’ IT - Councillor Burrett explained that Members’ IT was not within his Portfolio, but rather that it was under the Deputy Leader’s remit. v) Future IT developments and the Virtual Desktop initiative – It was noted that a report would be going to the Cabinet in September 2011, requesting funding for a number of major IT developments, which the Commission would be welcome to analyse. Councillor Denman asked to receive an advance copy of the report due to his concerns over the Virtual Desktop initiative. vi) The future of performance monitoring, including the use of Systems Thinking Interventions, and the continual need to keep track of best practice and learning from other Councils’ work. vii) The Council’s proposed in-house outplacement service, for staff who were at risk of redundancy – Some concerns were raised by Members on this, as it was felt that perhaps having independent/external support for staff in that position was preferable, rather than using our own HR staff, as it could be felt by some that HR staff were not impartial. Councillor Burrett confirmed he would pass on their concerns to the Head of People and Technology. viii) The reduction in the opening hours of the Contact Centre – Noting that the decision had been influenced by the SIMALTO survey, which found that a significant number of residents would be happy with reduced opening hours, and also by a lack of customers at the beginning and end of the day.

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

22. West Sussex Health Overview and Scrutiny Committee

Councillor R G Burgess provided an update on the WSHOSC meetings held on 23 June 2011. There were 2 major items of relevance to Crawley, which were changes to Mental Health Services (MHS) and NHS Change and Transition Planning. On the MHS changes it noted that on 1st April 2011, the Dementia Crisis Service had started in the north of West Sussex, which had proved a success in those parts of the County. 117 nurses had been trained to be able to support carers and that the Community Mental Health Teams (CMHTs) have increased their out of hours service, whilst also moving towards becoming an ageless service, not just purely for those above 65.

In terms of NHS Change and Transition Planning item, Councillor Burgess handed to each Member of the Commission a copy of the report that went to the WSHOSC for their own consideration, rather than his briefing update due to the significance of what it contained. It was requested that the Democratic Services Officer – Scrutiny send that report to all Members and include a link within the minutes to it also. (To view the report click here)

The Commission asked Councillor Burgess to enquire at the next WSHOSC as to whether the proposed NHS changes would remove the so-called postcode lottery of services.

23. Scrutiny Panels

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

108 Overview and Scrutiny Commission 4 July 2011

2011 Census Scrutiny Panel

Councillor B A Smith confirmed that the last meeting of the 2011 Census Scrutiny Panel would meet on 21 July 2011, with the final report coming to the meeting of the Commission on 3 October 2011.

Financial Deprivation Scrutiny Panel

It was confirmed that the next meeting of the Scrutiny Panel would be on 27 July 2011, where we would have witnesses from CAB and CCVS.

Parking Scrutiny Panel

The date for the first meeting of the Parking Scrutiny Panel has yet to be agreed.

Performance Monitoring Scrutiny Panel

Councillor C C Lloyd informed the Commission that the Performance Monitoring Scrutiny Panel (PMSP) would be meeting on 12 July 2011, where the Panel would be receiving a presentation on the ‘Check’ stage of the Systems Thinking Intervention into Waste and Recycling. It was also noted that the Panel would also be discussing the way forward for the PMSP in light of changes nationally, i.e.(the removal of the National Indicator set), and the Council’s further commitment to systems thinking.

24. Forward Plan – 1st August to 30 November 2011 and Provisional List of Reports for the Commission’s Following Meetings

The Commission considered the latest version of the Forward Plan and the provisional lists of reports for future Commission meetings:

RESOLVED

1. That item 5, ICT investment Plan for 2011/2012 and Proposals for Telephony Provision be provisionally referred from the Forward Plan whereby a draft copy of the report would be sent to all Commission Members to enable them to decide whether it should be included on the agenda for the Commission meeting on 14 September 2011.

2. That the insurance item scheduled for the Commission’s meeting in September, be proposed for October, due to the size of September’s agenda.

25. Closure of Meeting

The meeting ended at 9.58pm.

Dr H S BLOOM Chair

109 Cabinet 6 July 2011

Crawley Borough Council

Minutes of Cabinet 6 July 2011 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)

N Boxall (Cabinet Member for Community Engagement)

L R Gilroy (Cabinet Member for Housing)

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

K Trussell (Cabinet Member for Environmental Services)

L A Walker (Cabinet Member for Leisure and Cultural Services)

Also in Attendance:

Councillors Dr H S Bloom, and A C W Crane.

Mr P Nicolson (Independent Member and Chair of the Standards Committee)

Officers Present:

Ann Maria Brown Head of Legal and Democratic Services Peter Browning Director of Environment and Housing David Covill Director of Resources Lee Harris Chief Executive Glyn Hydes Democratic Services Officer Phil Rogers Director of Community Services

110 Cabinet 6 July 2011

11. Welcome to Peter Nicolson – Independent Member and Chair of the Standards Committee

The Chair welcomed Peter Nicolson to the meeting.

12. Minutes

The minutes of the meeting of the Cabinet held on 15 June 2011, were approved as a correct record and signed by the Chair, subject to the Conservative Group’s membership on the Public Art Selection Panel being revised to:- Councillors Crow, Cumper, and J I Denman being appointed as full members along with Councillor Boxall - the deputy members would remain as Councillors C L Denman and Gilroy (item 26 page B4 attached to the minutes refers).

13. Public Question Time No questions were asked.

14. Member Disclosure of Interest

The following disclosure of interest was made by a Member:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 18 Flexible Energy Personal Non N Boxall Procurement Prejudicial – Daughter is employed by Total Gas & Power

15. Budget Strategy 2012/2013 – 2016/2017 (Chair Portfolio)

The Cabinet considered report DIR42 of the Director of Resources. The report set out the projected financial position for 2012/2013 to 2016/2017 and the underlying assumptions.

The Budget Strategy aimed for a balanced General Fund Budget in 2012/2013, and it was proposed to limit any increase in the Council Tax for Crawley Borough Council to a maximum of 2%. A General Fund savings target of £650,000 for 2012/2013 was proposed, which in addition to the £848,000 that had already been achieved, would make a total of £1.498million. The Council’s existing financial plans had included a Capital Programme of £5million in 2014/2015, but it was now proposed to increase that to £10million to fund new capital schemes such as neighbourhood improvements, residential improvements, affordable housing and disabled facility grants. A guideline savings target for the Housing Revenue Account of £300,000 in 2012/2013 was proposed. Members were asked to approve the transfer of £2.458million from the General Fund reserve to the Capital Reserve, to contribute to the funding of £10million worth of expenditure on new capital schemes in 2014/2015.

111 Cabinet 6 July 2011 Members noted that as part of its Localism Bill, the Government had published a policy statement on the implementation of self financing for the Housing Revenue Account from 1 April 2012. As a result the Council would not pay ‘negative subsidy’ to the Government but would instead have to take on debt, estimated to be £250million for Crawley Borough Council. The Cabinet would be asked to approve a new Housing Revenue Account business plan later in the year as well as treasury management arrangements for the debt. In the meantime, it was proposed that the Council should aim to increase rents by less than the Government guideline, but be mindful of the need to achieve convergence with social landlord rents by 2016. Efficiency savings should continue to be made as in previous years, with savings options of £300,000 to be identified for 2012/2013.

The report provided details of budget projections for the period, 2012/2013 to 2016/2017. That provided the opportunity to manage the Council’s finances over the medium term and to identify any significant budget pressures in the future. The key assumptions affecting the projections in the report were set out in paragraph 4 of the report. With regard to Investment Interest, the table set out in paragraph 4.5.1 of the report, illustrated the impact of reduced interest rates and the Council’s achievement in reducing its use of reserves over the period whilst limiting Council Tax increases. Members noted the criteria behind the introduction of the ‘New Homes Bonus’ which the Government had introduced to give local authorities additional money for each new residential property created in the area. The total New Homes Bonus available for the Council in 2012/2013 was estimated to be £700,000. Further details of the scheme were set out in paragraphs 4.9.1 to 4.9.6 inclusive in the report.

Members noted that the increases in the capital programme were being achieved by spending capital reserves. That approach required efficiency savings to be made in revenue budgets, as the Council could not earn interest on capital reserves that had been spent. The relationship between increased capital investment and the need to make revenue savings was not always appreciated but was an important element of the Budget Strategy.

In accordance with the Budget Procedure Rules, this matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 4 July. The majority of Commission Members had considered that the strategy provided a good framework for officers to work with, to develop savings, and capital and revenue proposals for the Budget Advisory Group to consider later in the year. Some Members expressed the view that the strategy did not provide enough detail, particularly with regard to the proposals to increase the capital spend in 2014/2015 to £10million from £5million. Whilst expressing a wide range of views, the Commission noted the Budget Strategy.

The Cabinet thanked the officers for their good work on this matter.

RESOLVED

RECOMMENDATION 6

That the Council be RECOMMENDED to approve the following items with regard to the 2012/2013 Budget.

1. Indicate its intention to limit the 2012/2013 Council Tax increase for Crawley Borough Council to a maximum of 2%.

2. Set a guideline saving target for General Fund Services of £650,000 for 2012/2013 in addition to the £848,000 that had already been approved.

112 Cabinet 6 July 2011

3. Set a guideline savings target for the Housing Revenue Account of £300,000 for 2012/2013.

4. Approve the transfer of £2.458million from the General Fund reserve to the Capital Reserves to fund new capital schemes.

5. Allocate £10million for new capital schemes in 2014/2015.

Reasons for Decisions

1. To approve the budget projections and assumptions for 2012/2013 to 2016/2017.

2. To determine the savings requirements in order to achieve a balanced budget for 2012/2013.

3. To determine the level of funding for the 2014/2015 capital programme.

16. Financial Outturn 2010/2011 (Chair Portfolio)

The Cabinet considered report FIN/234 of the Head of Finance, Revenues and Benefits which summarised the financial outturn for 2010/2011. Members noted that as a consequence of the lower than expected interest rates, a projected overspend of £765,000 had been projected at Quarter 1. Officers had been instructed to defer spending where possible to reduce that deficit, and to make every effort to deliver the balanced budget. By Quarter 3, a projected overspend of £264,000 had been identified in the Quarter 3 budget monitoring report that had been considered at the meeting of the Cabinet held on 9 February 2011 (minute 67 refers). At Quarter 4 there had been an actual underspend of £8,000 which gave a variation of £272,000 on the Quarter 3 projected position. A summary of the major variances was shown in Appendix 1 attached to the report.

A projected surplus of £382,000 had been identified at Quarter 3 budget monitoring for the Housing Revenue Account (HRA), the actual surplus was £798,000, the main variations were vacancies and the reduced use of consultants.

In terms of capital spending, £28.7million had been spent in the year which was 95.6% of the budget. The Decent Homes Programme had been fully spent by 31 March 2011, and the additional budget approved during the year of £500,000 for Crawley Homes disabled bathrooms had also been spent. Members noted that in setting the overall budget for Disabled Facilities Grants (DFG’s) for 2011/2012 at £638,000, a Government contribution of £358,000 had been assumed, however the contribution had subsequently been confirmed at £325,000. That had reduced the budget from £638,000 to £605,000. Further details were set out in Appendix 2 to the report.

Reference was made at the meeting to paragraph 9 of the report, which showed the amount of Local Authority Business Growth Incentive (LABGI) reserve that the Council had received, and details of expenditure and commitments. Members welcomed the substantial financial commitments made towards the Manor Royal improvements. Paragraph 10 of the report, showed the amount of Housing and Planning Delivery Grant Reserve (HPDG) that the Council had received and details of the revised expenditure and commitments, to take into account the changes that had been made to the Local Development Framework (LDF).

113 Cabinet 6 July 2011

The Cabinet thanked the officers for their good work on this matter.

RESOLVED

1. That the expenditure/income for 2010/2011 as summarised in the report be noted.

2. That a supplementary Capital Estimate of £33,000 for Disabled Facilities Grants, to bring the budget up to the same level as before the grant reduction, (as detailed in paragraph 7.9 of the report) to be funded from useable capital receipts be approved.

Reason for Decisions

To report the actual outturn for 2010/2011 in comparison to the Budget, and the Quarter 3 Budget Monitoring Report.

17. Treasury Management Outturn for 2010/2011 (Chair Portfolio)

The Cabinet considered report FIN/235 of the Head of Finance, Revenues and Benefits. The report summarised:- (i) the capital activity during the year, (ii) the impact of the capital activity on the Council’s underlying indebtedness (the Capital Financing Requirement), (iii) the reporting of the required prudential and treasury indicators, (iv) the overall treasury position identifying the impact on investment balances, (v) the interest rate movements in the year; and (vi) the detailed investment activity.

The report requested Members to approve the actual 2010/2011 prudential and treasury indicators, and to note the Annual Treasury Management Report for 2010/2011.

During 2010/2011, the Council had complied with its legislative and regulatory requirements. The key actual prudential and treasury indicators detailing the impact of capital expenditure activities during the year with comparators were set out in paragraph 1.1 of the report. Members noted that borrowing had only been undertaken for a capital purpose and that the statutory borrowing limit (the authorised limit), had not been breached. The financial year 2010/2011 had continued the challenging environment of previous years, low investment returns and continuing counterparty risk.

Members noted that the Treasury report for the period up to 31 March 2011, illustrating performance against the benchmarks set in the 2010/2011 Treasury Strategy, was attached as Appendix 1 to the report. Appendix 2 to the report contained details of the Approved Counterparties for Lending.

Members expressed the view that the report illustrated the good financial position that the Council was in as a consequence of the sound financial investments made, and thanked the officers for their good work.

RESOLVED

1. That the actual 2010/2011 prudential and treasury indicators be approved.

114 Cabinet 6 July 2011

2. That the Annual Treasury Management Report for 2010/2011 be noted.

Reason for Decisions

The Council was required through regulations issued under the Local Government Act 2003 to produce an Annual Treasury Management Report, that reviewed treasury management activities and the actual prudential and treasury indicators for 2010/2011. The report met the requirements of both the CIPFA Code of Practice on Treasury Management (the Code) and the CIPFA Prudential Code for Capital Finance in Local Authorities (the Prudential Code).

18. Flexible Energy Procurement (Continuous Improvement and Development Portfolio)

The Cabinet considered report PSD/99 of the Head of Property. Members were reminded that the Council had participated in a Purchase In Advance (PIA) flexible energy procurement arrangement since 2008 under a Framework Contract with LASER and that it was now due for renewal. The flexible procurement arrangements had achieved significant savings for the Council. The report contained proposals for the Council’s continued participation over the next contract period that would operate from 1 October 2012 to 30 September 2016.

LASER (Local Authority Energy Buying Group) had purchased energy on the Council’s behalf under a Framework Agreement, and had now completed the tender process for the next flexible energy Framework Contract. The successful suppliers under this contract were Npower for electricity and Total Gas & Power for gas. Energy markets remained sensitive to political, geographical and economic influences and therefore the rationale for flexible energy procurement remained strong. In addition, this form of energy procurement, managed by an approved Public Sector Buying Organisation had been recommended for all public bodies by the Pan Government Energy Review Project (ERP) which was part of the Cabinet Office.

Members noted that the following two procurement packages were available:- (i) Purchase In Advance (PIA) - under this option, supply requirements for a twelve month period were purchased in blocks in advance of the period start date and an actual price arrived at on the start of the period, or (ii) Purchase Within Period (PWP) - under this option, supply requirements for a twelve month period were purchased in blocks during an eighteen month period commencing six months prior and running through the twelve month period itself. At the period start date a reference price would be provided but the actual price would not be known until the end of the period when a reconciliation process would be necessary.

RESOLVED

That the Council continue to participate in the LASER Framework Contract for Energy Procurement, for the period 1 October 2012 to 30 September 2016, and that the Council remain on the Purchase In Advance option (PIA).

115 Cabinet 6 July 2011 Reason for Decision

The Head of Property recommended a continuation of the Purchase In Advance (PIA) flexible energy procurement arrangements with LASER, in order to ensure effective procurement and financial efficiency.

19. Closure of Meeting

With the business of the Cabinet concluded, the Chair declared the meeting closed at 8 04pm.

R A LANZER Chair

116