Council Meeting Wednesday 14 December 2011
Crawley Borough Council
Minutes of Council Wednesday 14 December 2011 at 7.30 p.m.
Present: Councillor C R Eade (Mayor)
Councillor B K Blake (Deputy Mayor)
Councillors M L Ayling, S A Blake, Dr H S Bloom, N Boxall, K Brockwell, B J Burgess, R G Burgess, A L I Burke, L A M Burke, R D Burrett, C A Cheshire, A C W Crane, D G Crow, V S Cumper, C L Denman, J I Denman, L R Gilroy, I T Irvine, M G Jones, S J Joyce, P K Lamb, R A Lanzer, C C Lloyd, B MeCrow, C Oxlade, B J Quinn, A J E Quirk, D J Shreeves, B A Smith, G Thomas, K J Trussell, L A Walker and K Williamson.
Also in Attendance:
Mr P Nicolson – Independent Member (Chair of the 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 Kevin Eason Head of Arts Phil Rogers Director of Community Services Roger Brownings Democratic Services Officer
66. Apologies for Absence
Councillors S Kaur and J L Millar-Smith.
67. Statement by the Mayor
In referring to instances of speakers being interrupted during debate and other procedural matters at the Council’s last meeting in October, the Mayor reminded Members generally (for this and future Council meetings) of the appropriate code of conduct and rules of debate, when proceeding with Council business. In response to the Mayor’s reminder that Members should clearly indicate which Council procedure rule or law had been breached on occasions when raising a point of order, some Members requested that a summary of the rules and laws concerned, which could be
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quickly associated with the point of order being made, be produced for Members’ future guidance.
68. Members’ Disclosures of Interests
The disclosures of interests made by Members were set out in Appendix A to the minutes. In having provided advice at the meeting on issues raised by Members regarding disclosures of interests generally, the Head of Legal and Democratic Services indicated that she would continue to encourage any Member of the Council to consult with her if, for any reason, they had any associated doubts.
69. Communications
South and South East in Bloom Awards 2011
Councillor Walker as Cabinet Member for Leisure and Cultural Services was proud to confirm Crawley’s significant achievements arising from these awards. Councillor Walker, on behalf of the Council, conveyed his congratulations to all involved, including the staff concerned and the many people involved within the community, for their magnificent effort and commitment in achieving these successes. As a result of this outstanding performance, Crawley had been nominated by South and South East in Bloom to compete at national level in Britain in Bloom 2012. This nomination had since been accepted by the RHS (Royal Horticultural Society) Britain in Bloom.
70. Public Question Time
No questions were asked.
71. Appointments
(a) Crawley Arts Council - Nominations for replacement representative for Councillor Cumper.
The Conservative Group had proposed the nomination of Councillor S A Blake.
RESOLVED
That Councillor S A Blake be nominated as the replacement representative for Councillor Cumper to serve on the Crawley Arts Council.
(b) Overview and Scrutiny Commission
It was reported that, in accordance with the power delegated to her and in concurrence with the wishes of the political group, the Head of Legal and Democratic Services had with effect from 8 November 2011, appointed Councillor Cumper to replace Councillor B J Burgess as a Conservative Group Member on the Overview and Scrutiny Commission.
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72. Minutes
The minutes of the meeting of the Council held on 19 October 2011 were approved as a correct record and signed by the Mayor.
73. Items for Debate (Reserved Items)
Members indicated that they wished to speak on a number of items as set out in the following table:
Minute Committee/ Subject Subject Book Minute no. Page (Decisions previously (Recommendation to no. (and the Member taken under Council, reserved for reserving the item for delegated powers, debate) Debate) reserved for debate only).
Agenda Item 5 (b) Appointments – Overview and Scrutiny (Labour Group) Commission. 41 Overview and Scrutiny Public Question Time Commission 7 November 2011 Minute 51
(Labour Group) 41 Overview and Scrutiny Tree Scrutiny Panel – Commission 2nd Annual Update 7 November 2011 Minute 53
(Labour Group) 42 Overview and Scrutiny Update on Coping with Commission Snow and Icy 7 November 2011 Conditions – 2nd Minute 54 Update
(Labour Group) 44 Overview and Scrutiny Portfolio Discussion Commission with the Deputy Leader 7 November 2011 and the Vice Chair of Minute 57 the Cabinet
(Labour Group) 45 Overview and Scrutiny Scrutiny Panels – Commission Youth Provision 7 November 2011 Scrutiny Panel Minute 60
(Labour Group)
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Minute Committee/ Subject Subject Book Minute no. Page (Decisions previously (Recommendation to no. (and the Member taken under Council, reserved for reserving the item for delegated powers, debate) Debate) reserved for debate only).
50 General Purposes Changes to the Committee. Constitution 14 November 2011 Minute 17 (Recommendation 1) (Councillor Burrett and Labour Group ) 51 General Purposes Changes to the Committee. Leader’s Scheme of 14 November 2011 Delegation Minute 18
(Councillor Burrett (Recommendation 2) and Labour Group ) 71 Standards Committee The Future of 15 November 2011 Standards – Localism Minute 30 Bill 2010
(Labour Group) (Recommendation 3) 92 Overview and Scrutiny Portfolio Discussion Commission with the Cabinet 28 November 2011 Member for Leisure Minute 71 and Cultural Services (Labour Group) 97 Cabinet Treasury Management 30 November 2011 Mid Year Review Minute 50 2011/2012
(Councillor Lanzer and (Recommendation 4) Labour Group) 99 Cabinet Statement of 30 November 2011 Community Involvement Minute 52 – Revised
(Councillor Lanzer and (Recommendation 5) Labour Group) 100 Cabinet 30 November 2011 *Land West of the High Minute 54 Street: Potential Use of Compulsory Purchase (Councillor Lanzer and Powers Labour Group) (Recommendation 6)
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Minute Committee/ Subject Subject Book Minute no. Page (Decisions previously (Recommendation to no. (and the Member taken under Council, reserved for reserving the item for delegated powers, debate) Debate) reserved for debate only).
102 Cabinet 30 November 2011 *The Hawth Theatre: Minute 55 Future Management
(Councillor Lanzer and (Recommendation 7) Labour Group)
Mayor’s Announcement - *Part B items
The Council was reminded that as was the usual practice, the minutes of all meetings were recorded in Part A. On this basis, when the minutes came before the Council they could be debated in open / public session unless exempt information was likely to be discussed. In view of the nature of the business to be transacted in terms of the items on the Land West of the High Street and The Hawth Theatre (both Part B Items and asterisked in the Reserved Items list above), it was considered likely that exempt information would be disclosed. With this in mind, the Mayor announced that she was intending to defer the debates on both those items until the end of the meeting and in closed session. In response to this matter, and with particular reference to the Hawth item, Members of the Labour Group considered that this item should be discussed in open session and that this could be undertaken without exempt information being disclosed. Whilst acknowledging the views of those Members, the Mayor confirmed that bearing in mind the commercial sensitivity of the information associated with both items, and the advice received at this meeting from the Head of Legal and Democratic Services, she intended to move the discussion of those items until the end of the meeting, which would then be in closed session
74. Reports of the Cabinet, Overview and Scrutiny Commission and Committees
Moved by Councillor B K Blake (as the Deputy Mayor) and
RESOLVED
That the following reports be received:
(a) Development Control Committee – 10 October 2011 (b) Development Control Committee – 31 October 2011 (c) Licensing Committee – 2 November 2011 (d) Overview and Scrutiny Commission – 7 November 2011 (e) Cabinet – 9 November 2011 (f) General Purposes Committee – 14 November 2011 (g) Standards Committee - 15 November 2011 (h) Development Control Committee – 21 November 2011 (i) Overview and Scrutiny Commission – 28 November 2011 (j) Cabinet – 30 November 2011
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Recommendations to Council not Reserved for Debate (Unreserved Items)
Whilst at this point (and as indicated in the agenda) it was to be moved that the recommendations to Council, which had not been reserved for debate be adopted, this was not now necessary as all the recommendations to Council had, on this occasion, been reserved for debate.
75. Reserved Items
The matters identified in Minute No. 73 above were debated by the Council. These included:
(a) Matters raised under the report of the Overview and Scrutiny Commission – 7 November 2011
(i) A matter was raised in relation to Public Question Time (Minute no. 51). Councillor Ayling referred to the fact that the 7 November Commission meeting was held at the Bewbush Centre with a view to taking meetings into the community and thus seek to encourage greater public attendance. Whilst bearing in mind these objectives, and in response to questions from Councillor Ayling, the Chief Executive indicated that whilst he was not aware of the precise details at that time, he would ensure that information would be made available to Members regarding what arrangements had been made to promote the meeting, including whether additional funds had been invested for that purpose.
(ii) A matter was raised in relation to the update on Coping with Snow and Icy Conditions – 2nd Update (Minute no. 54). With regard to salt spreading equipment used by the Council’s Snow Force volunteers, Councillor Trussell confirmed that he would seek clarification regarding a small maintenance issue raised by Councillor Cumper, and would circulate that clarification once available.
(iii) A matter was raised in relation to the Portfolio Discussion with the Deputy Leader and the Vice Chair of the Cabinet (Minute no. 57). In response to comments from Members, the Leader of the Council confirmed that in line with his regular practice, a review of responsibilities of all portfolios, including that of the Vice Chair of the Cabinet, would be undertaken.
(iv) A matter was raised in relation to Scrutiny Panels – Youth Provision Scrutiny Panel (Minute no. 60). Councillor A L I Burke confirmed that the first meeting of the Panel was scheduled for 19 January 2012, whilst the second meeting was scheduled for 29 March 2012. Confirmation of the arrangements would be circulated shortly.
(b) The reserved items containing recommendation to Full Council.
As announced by the Mayor earlier at the meeting (Minute no. 73 refers), it was intended to defer the debates on the reserved items containing recommendations on Land West of the High Street and The Hawth Theatre until the end of the meeting and in closed session. The remaining reserved items containing recommendations were dealt with as set out in Minute Numbers 76, 77, 78, 79 and 80 below:-
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76. Changes to the Constitution (General Purposes Committee – 14 November 2011) (Recommendation 1)
Moved by Councillor Burrett, seconded and
RESOLVED
That the amendments to the Constitution as proposed in Appendix 1 to the minutes of the General Purposes Committee meeting of 14 November 2011, be agreed.
77. Changes to the Leader’s Scheme of Delegation (General Purposes Committee – 14 November 2011) (Recommendation 2)
Moved by Councillor Burrett, seconded and
RESOLVED
That the amendments which had been made to the Leader’s Scheme of Delegation which are detailed in Appendix 2 to the minutes of the General Purposes Committee meeting of 14 November 2011, be received.
78. The Future of Standards – Localism Bill 2010 (Standards Committee – 15 November 2011) (Recommendation 3)
The Committee had considered report LDS/35 of the Head of Legal and Democratic Services which considered further changes to the Standards Regime as currently proposed in the Localism Bill.
Whilst it was felt that Crawley should ensure that local needs and views were considered, Members of the Committee had stated that the Council should work with other West Sussex authorities to achieve consistency in the development of a Local Code of Conduct.
As part of the Council’s discussions on this matter, Councillor Smith suggested that once further information regarding the Bill and other associated issues were known, including feedback arising from the impending Member questionnaire (the arrangements for which had been agreed by the Committee), an all Member seminar should be held to consider developments in the way forward. In response, Councillor Lanzer agreed to take forward the suggestion of an all-Member seminar.
Moved by Mr P Nicolson, seconded and
RESOLVED
That the Council agree in principle to support and work with other West Sussex authorities, to achieve consistency where possible in the development of a Local Code.
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79. Treasury Management Mid Year Review 2011/2012 (Cabinet – 30 November 2011) (Recommendation 4)
The Cabinet had considered and noted report FIN/251of the Head of Finance, Revenues and Benefits, which outlined the treasury activity for the first six months of 2011/2012.
The Council undertook a detailed debate on the issues raised.
Closure Motion
The matter had continued to be debated at length, and in accordance with Council Procedure Rule 15.12 (a) (ii), it was moved by Councillor B J Burgess and seconded:-
That the question be now put.
Upon being put to the Council, the Closure Motion was CARRIED.
It was then moved by Councillor Lanzer, seconded and
RESOLVED
(1) That the changes to the prudential indicators for the Housing Revenue Account reform, as set out in detail in section 5 of report FIN/251, be approved.
(2) That option 3 for the revised investment criteria and the related changes to the prudential indicators, as set out in detail in section 8 of the report, be approved.
80. Statement of Community Involvement – Revised (Cabinet – 30 November 2011) (Recommendation 5)
The Cabinet had considered report SHAP/18 of the Head of Strategic Housing and Planning Services.
Moved by Councillor Lanzer, seconded and
RESOLVED
That the revised Statement of Community Involvement (as detailed in Appendix 2 to report SHAP/18) and accompanying Planning Appendix (as detailed in Appendix 3 to the report), be adopted.
81. Notice of Motion
The Council considered a Notice of Motion in accordance with Council Procedure Rule 12, which was moved by Councillor Irvine and seconded by Councillor Smith.
The Motion was as follows:-
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This Council agrees that to help create interest in the Council’s work, and to enable greater public access to the Council’s democracy, Council and, when appropriate, committee meetings should be webcast.
Amendment
It was moved by Councillor Dr Bloom and seconded by Councillor A L I Burke. (Additional text is shown in bold, whilst deleted text has been crossed through):-
This Council agrees that to help create interest in the Council’s work, and to enable greater public access to the Council’s democracy, the General Purposes Committee investigates the costs of web casting the Council meetings and, when appropriate, committee meetings. should be webcast.
The Council undertook a full and detailed discussion on this matter and considered all the issues raised.
As part of that discussion it was emphasised by Members that the principle of web casting meetings as another form of recording those events, was in no way a criticism of the work undertaken at Council meetings by the Committee Clerk (Roger Brownings), and indeed the Council showed its appreciation of Roger’s work and commitment by giving him a round of applause.
Upon being put to the Council, the amendment as moved by Councillor Dr Bloom was CARRIED, and it was
RESOLVED
That this Council agrees that to help create interest in the Council’s work, and to enable greater public access to the Council’s democracy, the General Purposes Committee investigates the costs of web casting the Council meetings and, when appropriate, committee meetings.
82. Members’ Written Questions
Questions asked in accordance with Council Procedure Rule 10.3, together with the answers, were tabled as follows:
Questioner Councillor Crane Addressed to Cabinet Member for Housing Subject Sale of Council Houses
Questioner Councillor Irvine Addressed to Chair of the Cabinet Subject Voter Registration
Questioner Councillor Crane Addressed to Chair of the Cabinet Subject Local Government Pension Scheme
On being advised that Councillor Crane had needed to leave the meeting due to ill health, the Mayor, on behalf of the Council, hoped that Councillor Crane would be feeling better again soon.
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83. Announcements by Cabinet Members
Cabinet Member Subject
Councillor Crow (Vice Councillor Crow was pleased to announce that the Chair of the Cabinet) Council had recently been reaccredited with the South East Charter for Elected Member Development. Councillor Crow thanked all Members concerned for their assistance and support In relation to this matter, and made particular reference to Andrew Davies (the Organisational Development Manager) for all his work and commitment. Councillor Crow indicated that all Councillors had recently been sent a form for the purpose of training needs assessment, and requested that they complete and return those forms as soon as possible to assist that assessment process.
84. Questions to Cabinet Members
Questions asked pursuant to Council Procedure Rule 10.1 were as follows:
Name of Councillor Subject Name of Cabinet asking Question Member(s) Responding
Councillor Lloyd Seeking details of future Councillor Lanzer (as plans for “Category C” Chair of the Cabinet) sites relating to indicated that he would proposals aimed at prepare and circulate a sustaining the delivery of definitive response on this affordable housing during matter as soon as the current economic possible. recession. A report to the Cabinet’s meeting on 14 October 2009, refers.
Councillor Smith Councillor Smith indicated Councillor Trussell (as that concerns had been Cabinet Member for raised by Langley Green Environmental Services) residents regarding aircraft and Councillor C L noise from Gatwick Airport Denman (as Cabinet as a result of increases in Member for Planning and fly-over and go–around Economic Development). flights. Councillor Smith sought clarification as to Councillor Trussell whether any records were indicated that such records kept of such flights. did exist and would make details of those records available to Councillor Smith, whilst Councillor Denman suggested that facilities were in place (including hotlines) to enable the public to report noise issues.
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Name of Councillor Subject Name of Cabinet asking Question Member(s) Responding
Councillor Shreeves Maintenance issues raised Councillor Walker (as in respect of the BMX Cabinet Member for track in Langley Green. Leisure and Cultural Services).
Councillor Walker commented that whilst through his discussions with officers all the indications were that currently there were no maintenance issues associated with the track, if any such issues did come to light, he would address those matters immediately in discussion with the Director of Community Services.
Councillor Cheshire Seeking clarification on Councillor Walker (as issues around the Cabinet Member for management / Leisure and Cultural responsibility for facilities - Services) responded to including the changing this matter. rooms and conveniences, at the 3G Pitch, Broadfield Pavilion.
85. Questions to Committee Chairs
No questions were asked
86. Exclusion of the Public
Moved by the Mayor, seconded and:-
RESOLVED
That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve 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 items.
At this point the Mayor announced a variation in the order of business so that:
Recommendation 7 - which related to The Hawth Theatre: Future Management, would be taken immediately prior to Recommendation 6 - which related to Land West of the High Street: Potential Use of Compulsory Purchase Powers.
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The Hawth Theatre item was therefore the next item of business to be considered. With reference to their disagreement regarding that item being considered in closed session - the Mayor’s announcement under Minute no.73 above refers, all Members of the Labour Group chose at that stage to leave the meeting, and took no part in the discussion of that item.
87. The Hawth Theatre: Future Management (Exempt – paragraph 3 – Financial or Business Affairs) (Cabinet – 30 November 2011) (Recommendation 7)
The Cabinet had considered report CTY/95 of the Director of Community Services and Portfolio Holder for Leisure and Cultural Services.
The Council undertook a full discussion which considered all the issues raised. As part of that discussion, the Council conveyed its appreciation to all officers involved for their significant work and commitment in moving forward this Hawth Management project.
At the request of Councillor Bloom, and in accordance with Council Procedure Rule 17.4, the names of the Members voting for and against the motion, as set out in Recommendation 7, were recorded as set out below. The Mayor indicated that she would be taking no part in the voting process.
For the motion:- Dr. H S Bloom, N Boxall, K Brockwell, B J Burgess, R G Burgess, A L I Burke, L A M Burke, R D Burrett, D G Crow, V S Cumper, C L Denman, J I Denman, L R Gilroy, R A Lanzer, B MeCrow, A J E Quirk, K J Trussell, L A Walker and K Williamson (19).
Against the motion:- None.
The motion was therefore CARRIED, and it was
RESOLVED
(1) That the capital bid of £100,000 in 2012/2013 for start-up costs (paragraph 7.6 of report CTY/95 refers), be approved.
(2) That the Company identified in paragraph 2.2 (ii) of the report be appointed to manage The Hawth Theatre under a 10 year contract, with the approved bid being on the basis of:-
(a) the core proposal which provides for a variable management fee (subsidy from the Council) averaging, per annum, and over the duration of the contract, the sum identified in paragraph 2.2 (ii) (a) of the report.
(b) the mandatory variant bid with the Council providing capital of £100,000 in 2012/2013 towards initial capital start-up costs with reductions in the management fee over the duration of the contract, as detailed in paragraph 2.2 (ii) (b) of the report.
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88. Duration of the Meeting
Whilst at this stage business had not been completed within the two and a half hours specified within Council Procedure Rule 2.2, the Mayor proceeded to continue with the meeting, and having put it to the Council, the meeting was continued.
89. Land West of the High Street: Potential Use of Compulsory Purchase Powers (Exempt – paragraph 3 – Financial or Business Affairs) (Cabinet – 30 November 2011) (Recommendation 6)
The Cabinet had considered report SHAP/19 of the Head of Strategic Housing and Planning Services and Head of Property.
Moved by Councillor Lanzer, seconded and
RESOLVED
(1) That a Compulsory Purchase Order (CPO) be made under Section 226 (1) (a) of the Town and Country Planning Act 1990 (as amended by Section 99 and Schedule 9 of the Planning and Compulsory Purchase Act 2004) and under Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land and rights within the Sussex House site (as shown edged red on the plan attached as Appendix 1 to report SHAP/19) for the purpose of securing mixed use development for a food store, hotel and restaurants/cafes/bars in the public interest; and
(2) That the Head of Legal and Democratic Services be authorised to:
(i) Take all necessary action to secure the making, confirmation and implementation of the CPO including (but not limited to) drafting the Statement of Reasons, publishing and serving all notices and presenting the Council’s case at any Public Inquiry;
(ii) Acquire interests in land and new rights within the area to be subject to the CPO either by agreement or compulsorily; and
(iii) Transfer the land and rights acquired under the CPO onto Land Securities
(iv) Approve agreements with land owners and others having an interest in the area to be subject to the CPO setting out the terms for the withdrawal of objections to the CPO, including where appropriate seeking exclusion of new rights from the CPO and making arrangements for rehousing or relocation of occupiers.
(3) That the Head of Legal and Democratic Services be authorised to agree and enter into appropriate indemnification arrangements with the developer in respect of the costs to the Council of the CPO process, and subsequent acquisition, compensation and housing costs; and
(4) That the Head of Property, and Head of Strategic Housing and Planning Services be authorised to appoint if necessary suitable property advisers, and the Head of Legal and Democratic Services suitable legal advisers in respect of the CPO process.
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90. Closure of Meeting
The meeting ended at 10.25 pm.
C R Eade Mayor
14 Council Meeting Wednesday 14 December 2011
APPENDIX A
Members’ Disclosures of Interest
Member Agenda Name and Minute Subject or Planning Prejudicial or Item date of Book Application No. Non Prejudicial and No. Cabinet/ Page Nature of Interest Committee No. and Minute No. Councillor 8 (1)(a) Development p29 CR/2011/0408/FUL Personal and S A Blake Control Aerotron, Westley Prejudicial Interest in 10 October 2011 House, Jenner Road, the item as the Minute 39 Northgate, Crawley applicant was a personal friend. Councillor 8 (1)(b) Development p32 CR/2010/0313/FUL – Personal and R D Burrett Control former TSB and Prejudicial Interest as Committee Seeboard Site, Russell a nearby resident to 31 October 2011 Way, Three Bridges, the site. Minute 44 Crawley Councillor 8 (1)(b) Development p32 CR/2010/0313/FUL Personal and C L Denman Control Former TSB and Prejudicial Interest in 31 October 2011 Seeboard site, Russell the item as she had Minute 44 Way, Three Bridges, spoken publicly on this Crawley many times. Councillor 8 (1)(b) Development p32 CR/2010/0313/FUL – Personal and C R Eade Control former TSB and Prejudicial Interest as Committee Seeboard Site, Russell a nearby resident to 31 October 2011 Way, Three Bridges, the site. Minute 44 Crawley Councillor 8 (1)(b) Development p32 CR/2010/0313/FUL Personal and C Oxlade Control Former TSB and Prejudicial Interest in 31 October 2011 Seeboard site, Russell the item as he lived Minute 44 Way, Three Bridges, near to the site. Crawley Councillor 8 (1)(c) Licensing p38 Review of Street Personal and K Trussell 2 November Trading Policy: Broad Prejudicial Interest in 2011 Walk and The the item. Minute 15 Broadway Councillor 8 (1)(d) Overview and p41 Tree Scrutiny Panel – Personal and Non- R D Burrett and 9 Scrutiny 2nd Annual Update Prejudicial Interest as Commission a member of West 7 November Sussex County 2011 Council. Minute 53 Councillor 8 (1)(d) Overview and p42 Update on Coping with Personal and Non- R D Burrett and 9 Scrutiny Snow and Icy Prejudicial Interest as Commission Conditions – 2nd a member of West 7 November Update Sussex County 2011 Council. Minute 54 Councillor 8 (1)(d) Overview and p45 West Sussex Health Personal and Non- R D Burrett Scrutiny Overview and Scrutiny Prejudicial Interest as Commission Committee a member of West 7 November Sussex County 2011 Council. Minute 59
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Member Agenda Name and Minute Subject or Planning Prejudicial or Item date of Book Application No. Non Prejudicial and No. Cabinet/ Page Nature of Interest Committee No. and Minute No. Councillor 8 (1)(d) Overview and p41 Tree Scrutiny Panel Personal – non B A Smith and 9 Scrutiny – 2nd Update prejudicial Commission Suffers from problems 7 November from leaf fall 2011 Minute 53 Councillor 8 (1)(h) Development p77 CR/2011/0337/FUL Personal and Non- S A Blake Control Land adj to Overdene Prejudicial Interest in 21 November Drive, Ifield, Crawley the item as she had 2011 worked with the Sikh Minute 49 community closely for the past 30 years. Councillor 8 (1)(h) Development p77 CR/2011/0337/FUL Personal and ALI Burke Control Land adj to Overdene Prejudicial Interest in 21 November Drive, Ifield, Crawley the item as she had 2011 spoken on this item at Minute 49 the Committee meeting on behalf of residents. Councillor 8 (1)(h) Development p79 CR/2011/0431/FUL Personal and C L Denman Control Land to the east and Prejudicial Interest in 21 November south of Pegler Way the item as she was a 2011 and to the west of the member of the steering Minute 49 High Street comprising group which comprised 100 High Street (Bar both the applicant and Med) and former Council officers. Sussex House and car park, West Green, Crawley. Councillor 8 (1)(h) Development p77 CR/2011/0337/FUL Personal and Non B MeCrow Control Land adj to Overdene Prejudicial Interest in 21 November Drive, Ifield, Crawley the item as she had 2011 facilitated a residents' Minute 49 meeting on the application, as the local Ward Councillor. However, she did not take part or express a view in the discussion at the residents' meeting. Councillor 8 (1)(h) Development p81 CR/2011/0528/FUL Personal and G Thomas Control 2 Hollybush Road, Prejudicial Interest in 21 November Northgate, Crawley the item as he was 2011 Ward Councillor and Minute 49 had been actively involved. Councillor 8 (1)(i) Overview and p93 West Sussex Health Personal and Non- R D Burrett Scrutiny Overview and Scrutiny Prejudicial Interest as Commission Committee a member of West 28 November Sussex County 2011 Council. Minute 72
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Member Agenda Name and Minute Subject or Planning Prejudicial or Item date of Book Application No. Non Prejudicial and No. Cabinet/ Page Nature of Interest Committee No. and Minute No. B K Blake 8 (1)(i) Overview and p95 The Hawth Theatre – Personal and and 9 Scrutiny Future Management Prejudicial Interest in Commission the item as his son 28 November works at the Hawth. 2011 Councillor Blake Minute 76 withdrew from the meeting while the item was discussed and took no part in the discussion. S A Blake 8 (1)(i) Overview and p95 The Hawth Theatre – Personal and and 9 Scrutiny Future Management Prejudicial Interest in Commission the item as her son 28 November works at the Hawth. 2011 Councillor Blake Minute 76 withdrew from the meeting while the item was discussed and took no part in the discussion. Councillor 8 (1)(i) Overview and p95 The Hawth Theatre – Personal and Non C A Cheshire and 9 Scrutiny Future Management Prejudicial Interest in Commission the item as she is a 28 November Friend of the Hawth 2011 Minute 76 Councillor 8 (1)(i) Overview and p95 The Hawth Theatre – Personal and Non V S Cumper and 9 Scrutiny Future Management Prejudicial Interest as Commission she displays her art 28 November work at the Hawth 2011 Theatre Minute 76 Councillor 8 (1)(i) Overview and p95 The Hawth Theatre – Personal – non C C Lloyd and 9 Scrutiny Future Management prejudicial Commission Friend of the Hawth 28 November 2011 Minute 76 Councillor 8 (1)(i) Overview and p95 The Hawth Theatre – Personal and Non C Oxlade and 9 Scrutiny Future Management Prejudicial Interest as Commission he has previously 28 November undertaken 2011 commercial work on Minute 76 behalf of the Theatre, through radio advertising. Councillor 8 (1)(i) Overview and p92 Portfolio discussion Personal – non B A Smith and 9 Scrutiny with Cabinet Member prejudicial Commission for Leisure and Cultural Suffers from problems 28 November Services of leaf fall 2011 Minute 71
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Member Agenda Name and Minute Subject or Planning Prejudicial or Item date of Book Application No. Non Prejudicial and No. Cabinet/ Page Nature of Interest Committee No. and Minute No. Councillor 8 (1)(j) Cabinet p100 Land West of the High Personal and Non R D Burrett and 9 30 November Street: Potential Use of Prejudicial Interest as 2011 Compulsory Purchase a Member of West Minute 54. Powers Sussex County Council Councillor 8 (1)(j) Cabinet p100 Land West of the High Personal Non D G Crow and 9 30 November Street: Potential Use of Prejudicial – Member 2011 Compulsory Purchase of West Sussex Minute 54. Powers County Council Councillor 8 (1)(j) Cabinet p100 Land West of the High Personal Non C L Denman and 9 30 November Street: Potential Use of Prejudicial – As she 2011 Compulsory Purchase was a member of the Minute 54. Powers steering group which comprised both the developer and Council Officers. Councillor 8 (1)(j) Cabinet p100 Land West of the High Personal Non R A Lanzer and 9 30 November Street: Potential Use of Prejudicial – Member 2011 Compulsory Purchase of West Sussex Minute 54. Powers County Council B K Blake 8 (1)(j) Cabinet P102 The Hawth Theatre – Personal and and 9 30 November Future Management Prejudicial Interest in 2011 the item as his son Minute 55 works at the Hawth. Councillor Blake withdrew from the meeting while the item was discussed and took no part in the discussion. S A Blake 8 (1)(j) Cabinet p102 The Hawth Theatre – Personal and and 9 30 November Future Management Prejudicial Interest in 2011 the item as her son Minute 55 works at the Hawth. Councillor Blake withdrew from the meeting while the item was discussed and took no part in the discussion. Councillor 8 (1)(j) Cabinet p102 The Hawth Theatre – Personal and Non C A Cheshire and 9 30 November Future Management Prejudicial Interest in 2011 the item as she is a Minute 55 Friend of the Hawth Councillor 8 (1)(j) Cabinet p102 The Hawth Theatre – Personal and Non V S Cumper and 9 30 November Future Management Prejudicial Interest as 2011 she displays her art Minute 55 work at the Hawth Theatre
18 Council Meeting Wednesday 14 December 2011
Member Agenda Name and Minute Subject or Planning Prejudicial or Item date of Book Application No. Non Prejudicial and No. Cabinet/ Page Nature of Interest Committee No. and Minute No. Councillor 8 (1)(j) Cabinet p102 The Hawth Theatre – Personal and Non C Oxlade and 9 30 November Future Management Prejudicial Interest as 2011 he has previously Minute 55 undertaken commercial work on behalf of the Theatre, through radio advertising. Councillor 8 (1)(j) Cabinet p102 The Hawth Theatre – Personal – non C C Lloyd and 9 30 November Future Management prejudicial 2011 Friend of the Hawth Minute 55 Councillor 10 Notice of Motion – Personal and Non D G Crow Webcasting meetings Prejudicial Interest as a Member of West Sussex County Council, who Webcast meetings.
19 Development Control Committee 5 December 2011
Crawley Borough Council
Minutes of Development Control Committee 5 December 2011 at 7.40pm 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, D G Crow, C L Denman, I T Irvine, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves
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:
Councillor G Thomas
51. Minutes
The minutes of the meeting of the Committee held on 21 November 2011 were approved as a correct record and signed by the Chair.
52. Lobbying Declarations
The following lobbying declarations were made by Members:-
Councillors J I Denman, S Blake, ALI Burke, L Burke, A C W Crane, D G Crow. C L Denman, I T Irvine, S J Joyce, B MeCrow, A J E Quirk and D J Shreeves had been lobbied regarding application CR/2011/0184/FUL.
20 Development Control Committee 5 December 2011
53. Members’ Disclosure of Interests
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number Councillor Minute 54 CR/2011/0535/RG3 Personal and Prejudicial S A Blake Land to the rear of Interest in the item as Peterhouse Parade, she was Ward Member Pound Hill, Crawley and had supported the application. Councillor S A Blake withdrew from the meeting whilst the item was being discussed and took no part in the discussion.
Councillor Minute 54 CR/2011/0535/RG3 Personal and Non- K Brockwell Land to the rear of Prejudicial Interest in Peterhouse Parade, the item as he was a Pound Hill, Crawley Ward Member.
54. Planning Applications List
The Committee considered report PES/50 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/50 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-
* CR/2011/0184/FUL Erection of two x 2 bed semi-detached properties and change of use of 36 Alpha Road from B1 office space to C3 residential providing two flats including the removal of an existing single storey extension and construction of a new two storey rear extension, parking modifications, boundary treatment alterations and provision of new garden space at 36 Alpha Road, West Green, Crawley.
Two Objectors (Sue Freestone and Julie Howard) on behalf of residents addressed the meeting. The key issues they raised related to the proposed dwellings being below the required standard for amenity space, harmful impact to neighbouring boundaries, loss of an employment site which was an appropriate use in the locality and parking problems that would be caused by the development.
21 Development Control Committee 5 December 2011
Councillors A C W Crane and S J Joyce had attended the site visit.
Councillors S A Blake, K Brockwell, C L Denman, J I Denman, I T Irvine and A J E Quirk had visited the site independently.
The Principal Planning Officer provided a verbal update and it was noted that paragraph 5.6 of the report should refer to the first floor hallway windows which had opaque glass in the semi detache3d dwellings. The description should be amended to read as follows: insert after "…… parking modifications (including 4 spaces to the rear of 13 Albany Road) boundary treatment alterations and provision of new garden space". Following re-consultation (i) WSCC Highways had reiterated that they had no highway objections to the proposal (ii) Three sets of comments had been received from previous objectors, which related to continued concerns in relation to increased traffic, hazard for pedestrians and vehicles, increased volume of traffic, impact on the relatively quiet nature of the surrounding area, the relationship to the Victorian terrace buildings and the overlooking to the rear of 11 Albany Road.
It was noted that Condition 6 be amended to read as follows:
"The building(s) shall not be occupied until the telegraph pole has been resited and the parking spaces shown on the submitted plans have been provided and constructed. The areas of land so provided shall not thereafter be used for any purpose other than the parking of vehicles, at 1 parking space for each unit, 1 parking space for 13 Albany Road and 1 visitor parking space. REASON: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways in accordance with Policy GD3 of the Crawley Borough Local Plan 2000 and policy T3 of the Crawley Borough LDF Core Strategy".
The Committee held an in-depth discussion on the application before them and clarification on planning policy E3 which seeks to protect all employment sites. Members expressed the view that this type of site was valuable for employment and in particular the needs of small start-up companies. They also wanted the Council's standards for the provision of outdoor space maintained and were not satisfied with the car parking arrangements. Members also considered the development cramped and out of character.
The Officer recommendation was overturned.
22 Development Control Committee 5 December 2011
Refused for the following reasons:
1. The applicant has not demonstrated to the satisfaction of the Local Planning Authority that the proposal would meet one of the exception criteria within policy E3 of the LDF Core Strategy, the loss of the Employment floorspace is therefore contrary to policy E3 of the Crawley Borough LDF Core Strategy 2008.
2. The proposed parking arrangements for the development would fail to meet its operational needs and cannot be adequately accommodated without an adverse impact on the surrounding area. The development would therefore be contrary to Policies GD1 and GD3 of the Crawley Borough Local Plan 2000, policy T3 of the Crawley Borough LDF Core Strategy and Supplementary Planning Document Planning Obligations and S106 agreements.
3. The proposed development by virtue of its layout and proposed number of dwellings would result in a cramped appearance to the site and fails to adequately meet the needs of future occupiers. The proposal would be contrary to policies GD1, GD2, GD3, H20 and H22 of the adopted Crawley Borough Local Plan 2000, policies T3, H4 and EN5 of the Crawley Borough LDF Core Strategy and guidance in Supplementary Planning Guidance 4 – Private Outdoor Space and SPD1 Planning Obligations and S106 Agreements.
CR/2011/0454/COU Change of use from B1 (light industrial) to B8 (storage) at Unit 1, Ruben House, Crompton Fields, Crawley.
Councillor K Brockwell had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, hours of operation, noise/fumes and vehicles turning.
CR/2011/0535/RG3 Provision of 9 additional car parking spaces at entrance to Grattons Park Bowls Club and relocation of existing recycling centre on land to the rear of Peterhouse Parade, Pound Hill, Crawley.
Councillor K Brockwell had visited the site independently.
The Principal Planning Officer provided a verbal update and Members noted that the Grattons Indoor Bowls Club had requested that a barrier was utilised to protect the wall which had been recently been hit by a lorry. Comment was also made that the drain was in need of
23 Development Control Committee 5 December 2011
repair. The Bowls Club had been advised by telephone that these matters needed to be put to the property division of the Council as landlord. It was further noted that the small oak tree referred to in paragraph 5.4 of the report was a maple tree and after inspection by the arboricultural officer it was recommended that the tree be retained if possible but if not, then the replacement on a 2 for 1 basis would be acceptable.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, root protection, landscaping and planting.
* CR/2011/0542/FUL Material alterations to the exterior of the building, the removal of balcony and the erection of a fence and decking (amended description) at the Smith & Western (former Bluebird), Tilgate Drive, Tilgate, Crawley.
Councillor K Brockwell had visited the site independently.
The Principal Planning Officer reminded Members that the town access group had commented on the internal layout but this did not form part of the application.
Members welcomed the regeneration of the existing building and commented that they would like to see sympathetic materials used.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice and materials/ finishes.
CR/2011/0572/FUL Insertion of a new side elevation window and internal alterations at 16 Hunter House, Hunter Road, Southgate, Crawley.
Councillor K Brockwell had visited the site independently.
The Principal Planning Officer provided a verbal update and it was noted that the description be amended to remove reference to internal alterations. An additional informative was agreed with regard to building regulations' approval for the internal alterations as follows: The applicant is reminded that Building Regulation Approval will be required for the internal alterations shown on the submitted drawings and that these internal alterations do not form part of the planning permission. Please contact Sussex Building Control 01403 215151 for further advice.
24 Development Control Committee 5 December 2011
Permitted subject to standard detailed conditions concerning permission time limit, materials/ finishes and Decision Notice.
CR/2011/0576/FUL Installation of a 24 hour automatic telling machine (ATM) at the Co-op, 8 Pound Hill Parade, Pound Hill, Crawley.
Councillor K Brockwell had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit and Decision Notice.
*In connection with these applications, the Committee had before it letters from nearby residents and/or public authorities.
55. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 9pm.
J I DENMAN Chair
25 Audit and Governance Committee 13 December 2011
Crawley Borough Council
Minutes of Audit and Governance Committee 13 December 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:
Helen Thompson, District Auditor, of the Audit Commission. Lizzie Peers, Senior Audit Manager, of the Audit Commission.
Officers Present:
Ann-Maria Brown Head of Legal and Democratic Services Chris Corker Fraud and Inspections Manager Gillian Edwards Audit and Risk Manager Dave Rawlings Head of Finance, Revenues & Benefits Roger Brownings Democratic Services Officer
Apologies for Absence: Councillors C R Eade and L A Walker.
22. Minutes
The minutes of the meeting of the Committee held on 21 September 2011 were approved as a correct record and signed by the Chair.
23. Members’ Disclosure of Interests
No disclosures of interests were made.
24. Regulation of Investigatory Powers Act 2000 (RIPA) - The Office of the Surveillance Commissioners (OSC) Inspection
The Committee considered report LDS/37 of the Head of Legal and Democratic Services. In setting out the background to this matter, the Head of Service explained that the Regulation of Investigatory Powers Act 2000 (RIPA) legislated for the use
26 Audit and Governance Committee 13 December 2011
by Local Authorities of covert methods of surveillance and the use of a Covert Human Intelligence Source (CHIS) and information gathering to assist in the detection and prevention of crime in relation to an authority’s core functions. She emphasised that officers were always encouraged to use overt surveillance wherever possible, and to use RIPA only as a last resort. The Council’s use of these powers was subject to regular inspection and audit by the Office of the Surveillance Commissioners (OSC). This was in respect of covert surveillance authorisations (under RIPA) and the Interception of Communication Commissioner (OICCO) with regard to communications data. During these inspections, authorisations and procedures were closely examined and Authorising Officers were interviewed by the Inspectors.
The Council had a Corporate Policy and Procedural Guidance document for the Regulation of the Investigatory Powers Act 2000 (RIPA), which was regularly updated to take account of changes in legislation, guidance and statutory Codes of Practice. A copy of that Corporate Policy and Procedural Document, as updated, was before the Committee as Appendix A to report LDS/37. Whilst this was the case, the Committee was advised that the OSC had, on 12 December, released further procedural guidance, and that the Corporate Policy and Procedural Document would again be updated to include a link to that additional information. In response to Members questions it was confirmed that ongoing training was provided to those who used and authorised RIPA surveillance, whilst statistics showed that the use of RIPA by the Council had been very infrequent.
The Council was last inspected on 27 July 2011. A report on the outcome of the inspection was received by the Council on 8 September from the Chief Surveillance Commissioner. A copy of the report was before the Committee as Appendix B to report LDS/37, and the Committee noted that feedback from the OSC Inspector was positive on the understanding and application of RIPA principles across the Council. The Inspector had made only one recommendation that the CCTV Code of Practice produced by the Council should contain reference to the potential covert use of the system and how this should be managed in compliance with RIPA. The Committee acknowledged that this had been addressed and the OSC notified.
With regard the proposed introduction of a new Single Fraud Investigation Service (SFIS), and in answer to Members’ enquiries, it was indicated that RIPA surveillance would also apply (through a lead authority) to SFIS arrangements.
RESOLVED
(1) That the content of the OSC Inspection Report of July 2011 be noted.
(2) That the Council’s response to the recommendation in the Report be noted.
(3) That the statistical information relating to the use of RIPA in the preceding three years be noted.
(4) That subject to the inclusion of a link to further procedural guidance - as released by the OSC on 12 December 2011, the Council’s updated Corporate Policy and Procedure Guidance Document be approved.
25. Fraud and Inspections Team Report
The Committee considered report FIN/253 of the Fraud and Inspections Manager, which focused on activity for the period from 1 October to 25 November 2011.
27 Audit and Governance Committee 13 December 2011
The Committee was aware of the improving performance throughout 2010/11 and all the indications were that the Service would continue to improve further throughout 2011/12. The Committee recognised that joint working arrangements with the Department for Work & Pensions (DWP) had continued to progress well, including successful joint prosecutions, and by using DWP as our prosecuting agent, the Council had significantly reduced the costs in bringing the cases concerned to court. During the quarter the Team had also investigated selected benefits cases for suspected housing offences. These were cases where allegations had been received that the tenant had vacated or was subletting the Council property. This work was being undertaken in liaison with Crawley Homes, with all six main investigations leading to the keys being returned or the property being secured by Crawley Homes. The pilot was ongoing until January 2012 when further analysis would take place. Whilst as a measure of this success it was stated that the commercial value of the six properties would be over £1 million, it was suggested that a more relevant measure would be the availability of additional housing within the Borough, and a reduction in the Council’s Bed and Breakfast costs.
Members were reminded that DWP had published the summary report on the Single Fraud Investigation Service (SFIS) consultation options. The purpose of this consultation was to examine four options in bringing local authority benefit investigation work into DWP ready for the introduction of the universal credit. It was acknowledged that from the options available, local authorities had conveyed a preference for option 1. This option was for staff to remain employed by the local authority, but operating under SFIS powers, policies and procedures for the interim period. In terms of the future steps to be taken, and at the request of the Chair, the Committee would be updated on associated progress at its future meetings.
RESOLVED
That the report be noted.
26. Annual Audit Letter
The Committee considered the Audit Commission’s Annual Audit Letter and welcomed to the meeting Helen Thompson (District Auditor) and Lizzie Peers (Senior Audit Manager) to the meeting.
Helen Thompson presented the Letter which provided a summary of the Audit Commission’s assessment of the Council for 2010/2011 and highlighted the key messages.
The Letter reiterated that in 2010/11, local government had to produce for the first time financial statements under International Financial Reporting Standards (IFRS). Re-stating the accounts to comply with the requirements of IFRS had been a complex task and the Letter indicated that the Council had produced good quality financial statements that met the IFRS requirements. Helen confirmed that an unqualified audit opinion had been given. Helen felt that great credit should be given to the Council’s Finance Team, and in recognising its achievements, the Committee conveyed its congratulations to the Team on its significant work and performance. The Letter also confirmed an unqualified value for money conclusion on the basis that the Council had satisfactory arrangements in place to secure economy, efficiency and effectiveness in its use of resources. No significant weaknesses in the Council's internal control arrangements had been identified.
28 Audit and Governance Committee 13 December 2011
In terms of the Council’s ongoing work to achieve further efficiencies, and in response to Members comments, Helen acknowledged that whilst service provision kept under direct control could realise required income streams and efficiencies, she emphasised that in each case of service development, all models of service provision, including outsourcing, should be explored.
Following the Government’s announcement that the Audit Commission was to be disbanded, Helen updated the Committee on progress regarding the future arrangements for the audit of local authorities. She confirmed that for the current year, 2011/2012, the Council would continue to be audited by the Commission, although Helen announced that following a reallocation of workloads, she would no longer be the appointed auditor to this particular Council. That role would now be undertaken by Lizzie Peers of the Commission, and Helen took this opportunity to thank the Committee and all officers concerned for their continued support during her work with the Council. In response, the Chair - on behalf of the Committee and officers, thanked Helen for all her time and work with the Council, and wished her the very best for the future.
RESOLVED
That the Annual Audit Letter be noted.
27. Internal Audit Progress Report as at 24 November 2011
The Committee considered report FIN/254 of the Audit and Risk Manager. 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 Audit and Risk Manager informed the Committee that since the last update six pieces of work had been completed this quarter from the respective Audit Plans (one from the 2010 / 2011 Audit Plan, and five from the 2011/2012 Plan), along with one other piece of work. The audit opinions ranged from limited assurance to substantial assurance, with high priority findings to report in relation to Payroll. Further details of the high priority findings and the changes implemented, or being implemented, were set out in paragraph 3.3 of the report. The Committee noted the reviews in progress from both Audit Plans, along with other / unplanned work - details of which were set out in paragraph 3.2 of the report. Work on the Tilgate Park Tender and Maidenbower Pavilion would be reported upon at the Committee’s March meeting. At the request of Members, issues in relation to data protection arrangements would be looked at for possible inclusion in the next Audit Plan, and for further consideration at that March meeting.
The Committee noted that as at 30 November 2011 - being eight months into the current annual Audit Plan, the work agreed by this Committee at its meeting on 16 March 2011 was on target to be completed.
RESOLVED
That the Internal Audit Progress Report, and the progress made for the period up to 24 November 2011, be received.
29 Audit and Governance Committee 13 December 2011
28. Revisions to the Anti-Fraud and Corruption (Including Bribery) and Whistle Blowing Policies
The Committee considered report FIN/255 of the Audit and Risk Manager. In order to ensure that they remained current, both policies had been reviewed and updated to take into account changes in personnel, changes in legislation and other relevant details. The policies had been approved by the Head of Legal and Democratic Services, CMT and the Union, and copies of the Policies were contained in Appendices A and B to the report. Subject to this Committee’s approval, the Policies would become effective from 1 January 2012.
As part of its consideration of the report, and in particular with regard to paragraph 3.3.1 of the Anti-Fraud and Corruption (Including Bribery) Policy, a query was raised by a Member as to whether or not it was necessary for elected Members to declare as a registerable interest that they were Freemasons. In response, the Audit and Risk Manager indicated that she would seek further clarification on this matter and contact Members shortly with the outcome. Furthermore, it was considered that the text within that paragraph should be amended to reflect the current regime in respect to the general registering of Members’ interests, and that once the Localism Act had come into force (likely to be 1st April 2012), the paragraph (as part of the overall Policy) would then be updated and brought back to the Committee’s next meeting for approval.
RESOLVED
That subject to the issues raised above in relation to the Anti-Fraud and Corruption (including Bribery) Policy, both that Policy and the Whistle Blowing Policy, be approved.
29. Closure of Meeting
The meeting ended at 8.02 pm.
A J E QUIRK Chair
30 Development Control Committee 3 January 2012
Crawley Borough Council
Minutes of Development Control Committee 3 January 2012 at 7.30pm Present: Councillor J I Denman (Chair)
Councillor S A Blake (Vice–Chair)
Councillors ALI Burke, L A M Burke, A C W Crane, D G Crow, C L Denman, I T Irvine, S J Joyce, B MeCrow, A J E Quirk and G Thomas
Also in Attendance:
Councillor R G Burgess
Officers Present:
Michelle Harper Principal Planning Officer Manson Kendall Principal Lawyer - Property Kay Molloy Democratic Services Officer Jean McPherson Group Manager Marc Robinson Principal Planning Officer
Apologies for Absence:
Councillors K Brockwell and D J Shreeves
56. Minutes
The minutes of the meeting of the Committee held on 5 December 2011 were approved as a correct record and signed by the Chair.
57. Lobbying Declarations
The following lobbying declarations were made by Members:-
Councillor ALI Burke had been lobbied regarding application CR/2011/0569/FUL.
Councillors I T Irvine, A J E Quirk and G Thomas had been lobbied regarding application CR/2011/0601/FUL.
31 Development Control Committee 3 January 2012
Councillor A C W Crane had been lobbied regarding applications CR/2011/0626/FUL and CR/2011/0638/FUL.
Councillor C L Denman had been lobbied regarding proposed enforcement action ENF/2011/112.
All Councillors had been lobbied regarding two proposed enforcement actions ENF/2011/0189 and ENF/2011/0190.
58. Members’ Disclosure of Interests
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number Councillor Minute 59 ENF/2011/0189 Personal and Prejudicial ALI Burke Interest in the item as her workplace was adjacent to the site. Councillor Burke withdrew from the meeting whilst the item was discussed and took no part in the discussion.
Councillor Minute 59 ENF/2011/0190 Personal and Prejudicial ALI Burke Interest in the item as her workplace was adjacent to the site. Councillor Burke withdrew from the meeting whilst the item was discussed and took no part in the discussion.
Councillor Minute 59 ENF/2011/0189 Personal and Prejudicial G Thomas Interest in the item as recipient of letter received was a personal friend. Councillor Thomas withdrew from the meeting whilst the item was discussed and took no part in the discussion.
Councillor Minute 59 ENF/2011/0190 Personal and Prejudicial G Thomas Interest in the item as recipient of letter received was a personal friend. Councillor Thomas withdrew from the meeting whilst the item was discussed and took no part in the discussion.
32 Development Control Committee 3 January 2012
59. Planning Applications List
The Committee considered report PES/53 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/53 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-
CR/2011/0529/COU Change of use from A1 (retail) to D2 (health and fitness) use, construction of mezzanine and installation of air handling plant on roof at Unit 2 and 3, The Pavilion, Queens Square, Northgate, Crawley.
Councillor A J E Quirk had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, use and air handling unit.
* CR/2011/0553/FUL Erection of two detached dwellings adj Greyhound Cottage, Tinsley Green, Pound Hill Crawley.
One Objector (Mr Powis, resident) and the Agent (Mr Pearce) addressed the meeting. Mr Powis' main concerns included the impact on the character of the area impact on outlook and living conditions Tinsley Green was an unadopted, private road, and the right of access to the proposed development.
Councillors A C W Crane, S J Joyce, B MeCrow, A J E Quirk and G Thomas had attended the site visit.
Councillor S A Blake had visited the site independently.
That the Head of Planning and Environmental Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, Decision Notice, Environmental Noise Assessment, land/finished floor levels, materials/finishes, landscaping, planting, gates, parking spaces, screen walls/fences, stacking and storage, no windows (north elevation, plot 2) no windows (south facing wall, plot 1) and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990 concerning TAD and open space contributions.
33 Development Control Committee 3 January 2012
Should the Section 106 Agreement fail to be completed within 2 months of the committee, which expires on 3 March 2012, and unless there are exceptional circumstances for the delay, the Head of Planning & Environmental Services be authorised to refuse planning permission for the following reason:
An agreement is not in place to ensure the appropriate level of TAD and Open Space Contributions infrastructure provisions to support the development contrary to Policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000 and contrary to Policy ICS2 and the Crawley Borough Local Development Framework Core Strategy 2008 and SPD1 "Planning Obligations and S106 Agreements"
* CR/2011/0569/FUL Construction of a vehicle crossover and hard-standing of a permeable form of construction at 242 Ifield Drive, Ifield, Crawley.
The Principal Planning Officer provided a verbal update and members noted that the pedestrian crossing referred to in paragraph 1.1 of the report was slightly misleading as it was simply a change in level and surface.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice and visibility splays.
* CR/2011/0601/FUL Erection of east stand and ancillary facilities including improved flood lighting at Broadfield Stadium, Winfield Way, Broadfield, Crawley.
The Applicant (Mr Williams, CE of Crawley Town FC) addressed the meeting. He informed the Committee that a meeting had been held with local residents and their concerns with regard to parking had been addressed through various measures. Members noted that CFC had until 1st May to meet the standards required by the Football League in order for the club to retain its league status.
Councillor B J Quinn, Ward Member, addressed the meeting in support of this application. He also spoke on behalf of the residents of Anglesey Close and Lundy Close. He felt that the Club had taken the concerns of the residents seriously and were taking steps to do everything they could in order to manage the parking issue.
Councillors S A Blake, A C W Crane, S J Joyce, B MeCrow, A J E Quirk and G Thomas had visited the site independently.
34 Development Control Committee 3 January 2012
The Principal Planning Officer provided a verbal update and members noted that the figures in paragraph 5.6 of the report had been changed. The reference to 823 spaces should now be 798 (268 at the ground itself, 350 at Novo Nordisk and William Reed and 180 at Tilgate Business Park). There was no arrangement with K2 with regard to parking. Based on the amended figures, WSCC had no objection to the proposals.
It was further noted that following comments from the Environment Agency a further condition be added with regard to surface water drainage as follows:
"Prior to the use of the east stand, the construction of a surface water drainage system shall be carried out in accordance with details that have first been submitted to and approved in writing by the Planning Authority. Reason: To prevent flooding in accordance with Policy GD25 of the Crawley Borough Local Plan 2000"
Following discussion by members it was further agreed to add an Informative with regard to lighting as per application CR/2011/0607/RG3. Officers also agreed to liaise with members with regard to the proposed Steering Group as outlined in the Framework Travel Plan. The main purpose of the Steering Group was to provide practical assistance in the day-to-day operation of the Travel Plan, an opportunity to discuss Travel Plan related issues and as a forum for the sharing of knowledge and resources.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes, Travel Plan, Parking Management Plant, parking spaces/turning, hours of opening, external lighting/floodlighting, light overspill, hours of use for floodlighting, east stand and surface water drainage.
* CR/2011/0607/RG3 Erection of two floodlights at Broadfield Stadium, Winfield Way, Broadfield, Crawley.
Councillors S A Blake, A C W Crane, S J Joyce, B MeCrow, A J E Quirk and G Thomas had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, hours of use and light overspill.
* CR/2011/0615/FUL Erection of new clubhouse at Tilgate Forest Golf Centre, Tilgate Drive, Tilgate, Crawley.
35 Development Control Committee 3 January 2012
The Principal Planning Officer provided clarification with regard to the "first floor" in paragraph 5.6 of the report. This was in fact just a raised section accessed by steps.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes, landscaping, construction vehicles' route and access.
CR/2011/0616/FUL Erection of a single storey side extension at 111 The Birches, Three Bridges, Crawley.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, deposit/storage of spoil/materials and materials/finishes.
CR/2011/0626/FUL Erection of a rear conservatory at Ram Sports and Social Club, Ifield Avenue, West Green, Crawley.
Councillors A C W Crane, S J Joyce, B MeCrow and G Thomas had attended the site visit.
Councillor S A Blake had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice and materials/finishes.
CR/2011/0638/FUL Erection of a storage container for sports equipment at Ram Sports and Social Club, Ifield Avenue, West Green, Crawley.
Councillors A C W Crane, S J Joyce, B MeCrow and G Thomas had attended the site visit.
Councillor S A Blake had visited the site independently.
Permitted subject to standard detailed conditions concerning permission time limit and Decision Notice.
*In connection with these applications, the Committee had before it letters from nearby residents and/or public authorities.
60. 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 items of business on the grounds that they involve 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.
36 Development Control Committee 3 January 2012
61. Previous Planning application - Update
The Principal Property Lawyer updated the Committee on the current position of a previous planning application.
62. ENF/2011/112: Proposed Default Action to Secure Compliance with a Section 215 Notice (Exempt Paragraph 6 – notice/order)
The Committee considered report PES/54 of the Head of Planning & Environmental Services. The report stated that a Notice was served under Section 215 of the Town and Country Planning Act 1990 on 1 September 2011. The report considered the expediency of initiating direct action which would enable the Council to carry out the works required by the Section 215 Notice and to recover its reasonable expenses of the works from the then owner.
RESOLVED
That direct action under Section 219 of the Town and Country Planning Act 1990 be authorised, to enter the land and take the steps required by the Notice, and recover from the person who is the then owner of the land any expenses reasonably incurred in doing so.
63. ENF/2011/188: Proposed Enforcement Action (Exempt Paragraph 6 – notice/order)
The Committee considered report PES/55 of the Head of Planning & Environmental Services. Members noted the following typing errors:
Paragraph 5.6 of the report - the word "not" in the first line was removed so that the sentence began as follows "It is also considered that there is no demonstrable need for……….."
The report stated that the site as identified now had a significant amount of vehicles parked upon it. This activity amounted to a material change of use for which planning permission was required. No such application had been submitted and it was unlikely that it would be granted given that the current situation amounted to a breach of planning control. Members were requested to consider the issue and service of an enforcement notice
RESOLVED
That direct service of an Enforcement Notice be authorised in respect of the unauthorised change of use of the land, requiring the following steps to be taken within one month from the date the notice takes effect:
(i) Remove from the land all vehicles related to the unauthorised activity (ii) Remove from the land any temporary offices used in association with this activity
37 Development Control Committee 3 January 2012
(iii) Remove from the land any hard standing which has been laid for the purposes of unauthorised parking (iv) Cease the use of the unauthorised parking (v) Restore the land to the condition in which it was prior to the breach of planning control taking place
64. ENF/2011/189: Proposed Enforcement Action (Exempt Paragraph 6 – notice/order)
The Committee considered report PES/56 of the Head of Planning & Environmental Services. Members noted the following typing errors: Paragraph 4.2 – the words "and development principles statement has been prepared and been consulted upon identifying the site" were removed and 4.3 word “centre” replaced by “eastern"
The report stated that the site as identified in the report was open land with unauthorised use. Members were requested to consider the issue and service of an enforcement notice.
RESOLVED
That direct service of an Enforcement Notice be authorised in respect of the unauthorised change of use of the land requiring the following steps be taken within one month from the date the notice takes effect:
(i) Remove from the land all unauthorised vehicles. (ii) Remove from the land any temporary offices used in association with the unauthorised business (iii) Remove from the land any hard standing which has been laid for the purposes of the unauthorised use (iv) Cease the use of the land for unauthorised use (v) Restore the land to the condition in which it was prior to the breach of planning control taking place
65. ENF/2011/190: Proposed Enforcement Action (Exempt Paragraph 6 – notice/order)
The Committee considered report PES/57 of the Head of Planning & Environmental Services. Members noted the following typing errors: Paragraph 4.2 – the words "and development principles statement has been prepared and been consulted upon identifying the site" were removed and 4.3 word "centre" replaced by "eastern" Paragraph 5.6 of the report – the word "not" in the first line was removed so that the sentence began as follows "It is also considered that there is no demonstrable need for……….."
38 Development Control Committee 3 January 2012
The report stated that the site as identified in the report was open land with unauthorised use. Members were requested to consider the issue and service of an enforcement notice
RESOLVED
That direct service of an Enforcement Notice be authorised in respect of the unauthorised change of use of the land from industrial use to car park for purposes of unauthorised parking, requiring the following steps to be taken within one month from the date the notice takes effect:
(i) Remove from the land all unauthorised vehicles. (ii) Remove from the land any temporary offices used in association with the unauthorised use (iii) Remove from the land any hard standing which has been laid for the purposes of unauthorised use (iv) Cease the use of the land for unauthorised use (v) Restore the land to the condition in which it was prior to the breach of planning control taking place
66. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 10.10pm.
J I DENMAN Chair
39 Licensing Committee 5 January 2012
Crawley Borough Council
Minutes of Licensing Committee 5 January 2012 at 7.30pm
Present: Councillor B MeCrow (Chair)
Councillor V Cumper (Vice-Chair)
Councillors B K Blake, N Boxall, B J Burgess, L R Gilroy, M G Jones, P K Lamb, J L Millar-Smith, C Oxlade, B J Quinn, D J Shreeves, K Trussell and K Williamson Also in Attendance:
Councillor R G Burgess Mr Barry Jones – Independent Member of the Standards Committee (Observing)
Officers Present:
Tony Baldock Environmental Health Manager (Port Health, Food, Licensing, Workplace Safety & Wellbeing) Kevin Carr Principal Lawyer Mez Matthews Democratic Services Officer Bill Nailen Licensing Officer Angela Tanner Head of Planning and Environmental Services
Apology for Absence:
Councillor S Kaur
17. Minutes
The minutes of the meeting of the Committee held on 2 November 2011 were approved as a correct record and signed by the Chair.
18. Members’ Disclosure of Interests
No disclosures of interests were made by Members.
40 Licensing Committee 5 January 2012
19. Licensing Sub Committee Minutes
The minutes of the following meeting of the Licensing Sub-Committee were approved as a correct record and signed by the Member indicated below:-
Date Sub-Committee Minutes Minutes signed by
29 November 2011 Application to Vary the Councillor D J Shreeves Premises Licence – (Chair of the Panel) Downsman, Wakehurst subject to an amendment Drive, Southgate, Crawley. to the final paragraph, above “resolved”, in Minute 9 to read as follows: “The Chair informed those present that he would adjourn the hearing to consider the additional material which had been presented”.
20. Hackney Carriage Fares Objections, 2011-2012
The Committee considered report PES/60 of the Head of Planning and Environmental Services which considered objections received to the proposed increases to the Hackney Carriage table of fares for 2011/12 in accordance with Section 65(4) of the Local Government (Miscellaneous Provisions) Act 1976. The Council had received objections to the proposed increases by two members of the Hackney Carriage Trade. Copies of the objections were attached as an appendix to the report.
The Head of Planning and Environmental Services informed the Committee that there were currently 164 Hackney Carriage drivers and 124 Hackney Carriage vehicles. The Committee was reminded that the Hackney Carriage Association (HCA) had brought forward proposals to increase Hackney Carriage fares, and that the proposal had been considered and agreed by the Licensing Committee at its meeting on 2 November 2011 (minute 14 refers).
The Committee was provided with a table which detailed tariff comparisons of Crawley with neighbouring authorities (both of those tariffs agreed at the meeting held on 2 November 2011 and the tariffs proposed by the objectors).
Alan Howard, Crawley Hackney Carriage Association, addressed the Committee and stated the following: The fares consultation was carried out during the Annual General Meeting (AGM) of the Hackney Carriage Association on 2 October 2011. Notice of the meeting was posted on the Three Bridges and Boulevard ranks two weeks prior to the meeting. All drivers were aware that the increasing cost of running a car had led to a reduction in revenue. Even so, prevailing opinion at the meeting was that any increase should be kept to a minimum as the travelling public had become extremely price conscious, particularly regarding taxi fares. At the AGM, one driver submitted a fares proposal giving two options plus an option to leave fares unchanged. Of the 24 members present, 7 voted to “start at £3.50 and £2.20 per mile”, 10 voted to “start at £3.60 and subsequent mileage to
41 Licensing Committee 5 January 2012
remain the same”, and 7 members abstained. There were no votes to leave fares unchanged. There were no objections to leaving tariffs two and three unchanged. Tariffs two and three no longer represented time and a half and double time respectively. Although HCA members were not prepared to abolish tariffs two and three, it was agreed that they would be frozen to reduce the adverse effect that they appeared to have on unsocial hours business.
Ray Pamment, Hackney Carriage Driver, addressed the Committee and stated that 24 members of the HCA had attended the AGM, and only 17 had voted on the fares for 2011/12.
The Licensing Officer informed the Committee that the meter installed in Hackney Carriage vehicles was based on the tariffs approved by the Council. Drivers could not charge more than that calculated by the meter, but could legally charge less.
The Committee considered the options available to them regarding the Hackney Carriage fares for 2011/12.
RESOLVED
That the objections received to tariff one and two be rejected and that the Hackney Carriage fares for 2011/12 remain as agreed at the Licensing Committee on 2 November 2011 namely: “That the starting tariff (for Tariff 1) which is currently £3.40 be increased to £3.60, with the current “running mile” being £2.11 (on Tariff 1) and “waiting time” being £15.00 per hour (on Tariff 1). The effect equating to an overall rise of 20p per journey regardless of distance.”
21. Private Hire & Hackney Carriage Licence Fees 2012-2013
The Committee considered report PES/61 of the Head of Planning and Environmental Services which aimed to secure the Committee’s agreement to the proposed revision of fees for Hackney Carriage and Private Hire Driver, Vehicle and Operator Licences.
The Head of Planning and Environmental Services drew the Committee’s attention to Appendices A and B of the report which detailed the current charges for 2011/12 and the proposed charges for 2012/13. The Committee noted that in the past, several service areas had been grouped together and that the same fee had been charged for both. Following a review, it had become apparent that the same fee was being charged for services which differed greatly in the amount of work required. The proposed fees for 2012/13 now reflected the amount of work required for each service.
The Committee noted that the fees were reviewed annually. The cost associated with the unmet demand survey had been included in the fees, if no survey was undertaken the money would be refunded to the drivers.
42 Licensing Committee 5 January 2012
RESOLVED
1. That the proposed Driver Fees (Appendix A to the report) and the Vehicle and Operator Fees (Appendix B to the report) be approved; 2. That the Head of Planning and Environmental Services be authorised to make the necessary arrangements to advertise the Vehicle and Operator Fees as part of the statutory consultation process; 3. That the fees set out in Appendices A and B to the report be adopted from 1 April 2012 if no representations are made within the statutory 28 day consultation period; 4. Noted that if formal objections are received in response to the statutory notice that a further report would be presented to the Licensing Committee.
22. Urgent Action
The Licensing Committee at its meeting held on 2 November 2011 approved to amend the current street trading controls in regard to changing the status of Broad Walk and The Broadway from ‘Prohibited Streets’ for the purposes of street trading to ‘Consent Streets’. The Committee had also authorised that the Council give notice to the public of its intention to so re-designate the mentioned streets by advertising in the local press, as well as serving notice advertising intention to re-designate the mentioned streets on the Chief Officer of Police and Highways Authority.
The notice to be published must specify the date on which it is proposed that the designation is to take effect. However, a specific date was not decided by the Committee on 2 November 2011. Therefore, the Chief Executive took urgent action in consultation with the Chair of the Licensing Committee and agreed the specific wording of the notice (including the date as 22 February 2012) and authorised the Head of Planning and Environmental Services to publish the notice.
RESOLVED
The Committee noted the urgent action taken by the Chief Executive.
23. Review of Street Trading Policy
The Committee considered report PES/59 of the Head of Planning and Environmental Services. Although the report sought the Committee’s approval of the reviewed and updated policy to apply to street trading within the Borough of Crawley, the policy had been omitted from the report. As a consequence, the Committee agreed that consideration of the Policy would be deferred to the next meeting of the Licensing Committee.
The report also sought that the designation for The Broadway and the Broad Walk be varied from their current designation of prohibited streets to consent streets with effect from 22 February 2012.
43 Licensing Committee 5 January 2012
RESOLVED
1. That the Street Trading Policy be considered by the Licensing Committee at its meeting on 7 March 2012. 2. That with effect from 22 February 2012, the current designation of The Broadway and the Broad Walk, being streets within the Borough of Crawley, shall be varied from their current designation of prohibited streets to consent streets, and: (a) That Crawley Borough Council’s Policy, (Fees, Guidelines and Conditions) concerning street trading be applied; (b) That a notice of the resolution outlining the designation be advertised for two consecutive weeks in the local press. The first publication shall not be later than the 28 days specified above for the coming into force of the designation.
24. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 8.15pm.
B MECROW Chair
44 Overview and Scrutiny Commission 9 January 2012
Crawley Borough Council
Minutes of the Overview and Scrutiny Commission
Monday 9 January 2012 at 7.00pm
Present: Councillor Dr H S Bloom (Chair) Councillor M G Jones (Vice-Chair) Councillors R G Burgess, ALI Burke, V S Cumper, J I Denman, C C Lloyd, J L Millar–Smith and A J E Quirk.
Also in Attendance: Councillors R D Burrett, A C W Crane, R A Lanzer, G Thomas and K Trussell
Apology for Absence: An apology for absence was received by email from Councillor B A Smith during the course of the evening but was not available in time to be reported at the meeting.
Officers Present: Lee Harris Chief Executive Peter Browning Director of Housing and Environment Peter Allen Head of Property Lucasta Grayson Head of People and Technology Emma Grundy Asset Manager Chris Pedlow Democratic Services Officer - Scrutiny Julie Green Democratic Services Officer (Temporary)
78. Minutes and Matters Arising
The minutes of the meeting of the Commission held on 28 November 2011 were approved as a correct record and signed by the Chair. The Commission also noted the Cabinet’s response to the comments sheet.
79. Members’ Disclosure of Interests and Whipping Declarations
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number
Councillors Minute 81 Protecting verges Personal – non- Dr H S Bloom, from damage prejudicial as R G Burgess and caused by Members of West A J E Quirk inconsiderate Sussex County parking Council
45 Overview and Scrutiny Commission 9 January 2012
No whipping declarations were made.
80. Public Question Time
No questions from the public were asked.
81. Protecting Verges from Damage Caused By Inconsiderate Parking
The Cabinet Member for Environmental Services and the Director of Housing and Environment presented report PES/58 of the Head of Planning and Environmental Services which dealt with the work undertaken so far to address the ongoing issue of inconsiderate parking and focussed on domestic vehicles parking habitually on verges in residential areas. It did not include commercial parking or parking in non-residential areas. An initial list of the areas that had the potential to require action had been produced.
The majority of the statutory controls available to address parking on verges were currently within the remit of West Sussex County Council (WSCC). Nevertheless, a range of potential approaches that Crawley Borough Council might use to improve matters (working with WSCC wherever possible) were described in the report and additional funding was being sought with a view to enabling further works to be carried out.
In addition to providing information on the work undertaken to date, the objective of the report now before Members was to seek Cabinet approval to implement the Proposed Action Plan.
The Chair of the Parking Scrutiny Panel drew attention to the fact that the Scrutiny Panel had considered the report at its meeting on 25 November 2011. A copy of the notes of the meeting of the Panel suggesting a number of issues for consideration by the Cabinet had been attached as Appendix A to the report. These issues were:-
(i) how best to ensure the safety of the Enforcement Officers; (ii) how to reduce the damage caused by vehicles driving over kerbs (including the Council’s contractors); (iii) that further consideration be given to the number of car parking spaces allocated by the Development Control Section when planning applications were considered; and (iv) that consideration be given to the costs and merits of erecting signs in the Borough saying ‘Do Not Park on the Grass’
Members commented and sought clarification on a number of aspects of the Head of Planning and Environmental Services’ report. Areas discussed included
- the possible involvement of Neighbourhood Housing Managers in reporting damaged verges in their respective areas and, where appropriate, following up such cases with the responsible tenants. - problems arising from garages not being available for parking because they were often not large enough for modern cars or were being used for storage - how complaints to the Council were handled. - concerns over any potential loss of amenity areas if additional hardstandings were found to be part of the solution.
46 Overview and Scrutiny Commission 9 January 2012
- bids submitted for funding further environmental improvement schemes and for a pilot scheme to assess alternative approaches in addition to such schemes. - the importance of a close working relationship with West Sussex County Council and the potential for seeking match funding for the solution of parking issues - monitoring - problems relating to restorative justice
In conclusion the Commission agreed to advise the Cabinet
(i) of its general support for the action plan contained in paragraph 8.2 of the report, subject to the plan being sufficiently flexible to enable emerging issues to be addressed in the future; (ii) of its strong support for the bids for additional funding and of the Commission’s view that, if at all possible, consideration should be given to bringing forward by a year the implementation of schemes to 2012/13; (iii) that, in considering the report, the Cabinet is requested to give consideration to the points raised by the Parking Scrutiny Panel and set out above.
RESOLVED
That the Commission’s views expressed at the meeting be passed to the Cabinet.
82. Portfolio Discussion with the Cabinet Member for Environmental Services
The Commission noted the brief report prepared by Councillor Trussell on his portfolio and questioned him on the report and on a variety of other issues relating to his portfolio.
The following topics were discussed:-
- Liaison with West Sussex County Council on cycle paths. Also the need for a more planned approach to where any additional funding would be spent and the importance of ensuring that new sections cycle path form part of a comprehensive network. Better support for cyclists on the Council’s website was also an issue that was raised. The Cabinet Member indicated that discussions had taken place with user groups which would form the basis of an emerging strategy. - The difference between the ‘Scores on the Doors’ and the ‘Eat Out Eat Well’ schemes. - Gambling as a source of crime and disorder. It was suggested that this matter should be discussed at the Police Liaison Group. - The planning position with regard to provision of parking areas on potential development land and the under-use of existing car parks. - The route for suggestions for new Controlled Parking Zones. Such suggestions should be directed in the first instance to the Cabinet Member. - The Junior Citizen Fortnight - Flood Prevention - Member consultation on the new cemetery. This matter would be the subject of a Member Seminar in the near future. - The recent handout on recycling and waste collection and the absence of information on the disposal of Christmas trees. - The Council’s Health and Safety responsibilities. - The lobby to allow a wider range of plastics to be recycled in REDtop bins. - Confirmation that the GREENbin scheme was self-financing.
47 Overview and Scrutiny Commission 9 January 2012
- The proposed location of the Mechanical Biological Treatment Plant at Brookhurst Wood. This would be the subject of a future visit by Members. - Statistics relating to the use of electric vehicles - Advice given to businesses on carbon footprint and energy bills. Cabinet Member to advise Members as to any subsequent action taken by the businesses as a result of receiving this advice. - Cabinet Member also to provide Members with further information with regard to service improvements to be introduced in 2012 in connection with streetscene verge cutting/amenity areas. It was suggested that the importance of grass cutting to residents should be stressed when consideration was given to funding at the Budget Advisory Group. - Monitoring following the introduction of charges for pest control. - Potential risks arising from a reduction in commercial premises inspections - The purpose for reviewing the ‘Out of Hours’ service (for noise complaints and emergency responses) and the Licensing of Industrial Processes. - Liaison between housing and environment teams in connection with the implementation of certain residential parking and environmental parking schemes - Flytipping outside the Borough boundary. - Comparison of recycling contamination figures with those of surrounding authorities and the collection of rejected recycling which had now been addressed. The Cabinet Member suggested that these matters could be discussed in more detail at the forthcoming Member Seminar. - Climate change targets and solar panel tariffs. - Mosquito survey.
The Commission was advised that any discussion on the restructure of the environmental health service should take place in Part B of the meeting.
Councillor Trussell was commended on the excellent service delivered by the environmental services team and thanked for attending the meeting and for the informative discussion which had ensued.
83. Scrutiny Panels
Below is a brief update on the Commission’s Panels:
Financial Deprivation Scrutiny Panel
Councillor ALI Burke informed the Commission that the Financial Deprivation Scrutiny Panel met on 13 December 2011. At the meeting the Panel had received a presentation from Gail Weeks on the Family Intervention Programme, and from Fay Power (the Benefits Promotions Officer) on her role within the Council. The Panel had also been updated on the current position with regard to the Crawley Advice Shop. At the request of the Panel, the Cabinet Member for Continuous Improvement and Development had requested a detailed report on the Council’s Employee Volunteering Scheme with a view to possibly making more help available to local organisations in need of assistance and it was hoped to arrange a presentation at a future meeting from Job Centre Plus on unemployment and the use of the services they offered. Councillor ALI Burke indicated that it was not, at this stage, possible to advise the Commission of an end date for the work of the Scrutiny Panel which was particularly relevant and wide ranging in the current economic climate. However, she would be producing an Interim Report for consideration by the Commission at its next meeting
48 Overview and Scrutiny Commission 9 January 2012
Partnership Travel Strategy for Crawley Town FC Scrutiny Panel
Councillor M G Jones informed the Commission that the date for the first meeting of this Panel would be set now the planning application in respect of the Broadfield Stadium had been determined.
Performance Monitoring Scrutiny Panel
Councillor C C Lloyd informed the Commission that the next meeting of the Performance Monitoring Scrutiny Panel would be held on 22 February 2012.
Youth Provision Scrutiny Panel
Councillor ALI Burke informed the Commission that the first meeting of the Youth Provision Scrutiny Panel would be held on 19 January 2012 at 6.30 p.m. and at that meeting the Panel would be undertaking the scoping exercise. It was likely that the Commission would be asked to appoint a Police representative and a young person to serve as co-opted members of the Panel.
84. Forward Plan – 1 February 2012 to 31 May 2012 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. No referrals were made from the Forward Plan.
It was agreed that the Cabinet Member for Housing should be invited to attend the 19 March meeting of the Commission but that no Portfolio Discussion would take place at the meeting on 6 February
85. Long Service Pay Scheme
The Cabinet Member for Continuous Improvement and Development presented report PAT/007 of the Head of People and Technology on the settlement for closing the Long Service Pay Scheme for staff.
The Commission noted the legal advice which indicated that the scheme now conflicted with current equalities legislation and was advised of the outcome of the consultation process with staff.
Following a discussion on the report, the majority of the Commission indicated its support for the recommendations contained in paragraph 2.2 of report PAT/007 proposing the closure of the scheme on terms set out in the report. However, a minority either abstained from voting or indicated that they merely wished to note the recommendations.
RESOLVED
That the Commission’s views expressed at the meeting be passed to the Cabinet.
49 Overview and Scrutiny Commission 9 January 2012
86. Exclusion of the Public
RESOLVED
That in accordance with Section100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve 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 items.
87. Portfolio Discussion with the Cabinet Member for Environmental Services (Exempt – paragraph 1 – Information relating to an individual)
Arising from the report prepared by Councillor Trussell (Minute 82 refers), the Commission asked a further question relating to the restructure of the Environmental Health Service.
88. North East Sector (Exempt – paragraph 3 – Financial or Business Affairs)
The Leader and Head of Property presented report PDS/103 of the Head of Property on land at the North East Sector following the grant of outline planning permission for the development of 1900 residential dwellings and related community facilities on appeal by the Secretary of State in February 2011.
As the planning permission related to the entire development area referred to in the master plan, each of the four landowners, the Council, the Homes and Communities Agency (HCA), Taylor Wimpey and Persimmon, were jointly and severally liable to meet the planning conditions. .
The report looked in detail at potential ways to move this project forward in the Council’s and HCA’s capacity as landowners with a view to improving the overall scheme feasibility, taking into account the substantial public sector landholdings.
The Head of Property advised the Commission of an alternative form of wording to recommendation 2.2.2 in the report which he would be suggesting to the Cabinet.
The Commission discussed the report in detail and, in connection with the development, asked how the Council’s original concerns relating to the effect of a possible second runway at Gatwick Airport had been addressed. The Commission was informed that the evidence submitted by the Council had been taken into account when the appeal decision had been taken and that the consent related to an area with a smaller footprint and 600 less units. The Leader took the view that the existence of the North East sector development would need to be a major factor in any decision relating to any future development at Gatwick, ensuring that the lives of its residents were not in any way compromised.
The Commission advised the Cabinet that it supported the recommendation to the Cabinet contained in the report, subject to the amendment of the wording to paragraph 2.2.2 as proposed by the Head of Property.
50 Overview and Scrutiny Commission 9 January 2012
RESOLVED
That the Commission’s views expressed at the meeting be passed to the Cabinet
89. Closure of Meeting
The meeting ended at 8.55 pm.
Dr H S BLOOM Chair
51 Cabinet 11 January 2012
Crawley Borough Council
Minutes of Cabinet 11 January 2012 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)
K Trussell (Cabinet Member for Environmental Services)
L A Walker (Cabinet Member for Leisure and Cultural Services)
Also in Attendance:
Councillors B K Blake, S A Blake, Dr H S Bloom, A C W Crane, I T Irvine, M G Jones; and S J Joyce.
Officers Present:
Ann Maria Brown Head of Legal and Democratic Services Officer Peter Browning Director of Environment and Housing Chris Harris Head of Amenity Services Lee Harris Chief Executive Glyn Hydes Democratic Services Officer Phil Rogers Director of Community Services
Apology for Absence:
Councillor C Denman.
52 Cabinet 11 January 2012
57. Minutes
The minutes of the meeting of the Cabinet held on 30 November 2011 were approved as a correct record and signed by the Chair.
58. Public Question Time No questions were asked.
59. Members’ Disclosure of Interests
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number Councillor Minute 61 Protecting verges Personal Non R D Burrett from damage Prejudicial – Member caused by of West Sussex inconsiderate County Council parking
Councillor Minute 61 Protecting verges Personal Non D G Crow from damage Prejudicial – Member caused by of West Sussex inconsiderate County Council parking
Councillor Minute 61 Protecting verges Personal Non R A Lanzer from damage Prejudicial – Member caused by of West Sussex inconsiderate County Council parking
60. Long Service Pay Scheme (Continuous Improvement and Development Portfolio)
The Cabinet considered report PAT/007 of the Head of People and Technology. Members were reminded that the Council had introduced a long service pay scheme for staff in 1980 to improve the retention of the workforce during a time of high staff turnover. The policy had been successful as the average current length of service was thirteen years. The scheme whilst popular with staff conflicted with current equalities legislation, which had been confirmed by the Council’s employment law specialists DMH Stallard.
A consultation process had been undertaken with staff and the proposals had included a redistribution of the existing payments across the workforce, an element of compensation for those losing long service pay and additional pay for low paid staff. The proposal was to redistribute the current cost of the long service payments amongst all employees by adding £250 to the Crawley Allowance and to provide
53 Cabinet 11 January 2012
compensation to maintain the same overall level of pay for the first year. A key message from the consultation carried out, had been the need to mitigate the impact of closing the scheme, particularly for staff on low pay. It had therefore been agreed to extend the compensation payments for a further year at a level of 50%.
The Trade Unions had agreed to a settlement for closing the long service pay scheme. A ballot of Unison members had been carried out to identify the level of support for the proposed settlement, and Members noted that a majority of Unison members had voted in favour of the proposals. The Cabinet thanked the Head of People and Technology and her team; and the local Branch of Unison for their cooperation and good work on this matter.
This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 9 January 2012. The majority of the Commission Members had indicated their support for the recommendation set out in paragraph 2.2 of the report. The Cabinet noted the Commission’s response.
RESOLVED
That the Long Service Pay Scheme be closed on the terms set out in paragraphs 4.2 and 4.4 of the report.
Reason for Decision
The decision would enable the Council to comply with equalities legislation, create a fair and non-discriminatory pay and rewards scheme and avoid the risk of costly legal claims.
61. Protecting Verges from Damage Caused By Inconsiderate Parking (Environmental Services Portfolio)
The Cabinet considered report PES/58 of the Head of Planning and Environmental Services. The report informed Members that the public who had attended the “State of the Borough” debate in 2011 had indicated that they wanted Crawley Borough Council to address the ongoing issue of inconsiderate parking on verges. Members noted that the report now being considered, had focussed on domestic vehicles parking habitually on verges in residential areas, and an initial list of the areas that had the potential to require action had been produced. It did not include commercial parking or parking in non-residential areas.
The majority of the statutory controls available to address parking on verges were currently within the remit of West Sussex County Council (WSCC), rather than Crawley Borough Council. That fact needed to be clearly explained to the Council’s stakeholders, as part of the awareness raising process, and an effective communication strategy would be essential. It would also be necessary to support WSCC in managing the expectations of stakeholders in respect of the solutions that could be provided. Whilst Crawley Borough Council might choose to use a number of alternative approaches to improve matters and would work with WSCC wherever possible, any additional actions would require Crawley Borough Council resources. A range of potential approaches were described in the report and additional funding was being sought with a view to enabling further works to be carried out.
54 Cabinet 11 January 2012
The objective of the report now before Members, was to provide information on the work undertaken to date and to seek approval to implement the Proposed Action Plan.
Members noted that the Parking Scrutiny Panel had considered the report at its meeting held on 25 November 2011, and had suggested a number of improvements. A copy of the notes of the meeting of the Panel were attached for Members information as Appendix A to the report. The Outline Action Plan for 2011 to 2014 was set out in detail in paragraph 8.2.1 of the report. Members noted that the matter would be considered further at the forthcoming ‘State of the Borough’ debate to be held on 24 January. The Cabinet thanked the Head of Planning and Environmental Services and her team for their good work on this matter.
This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 9 January 2012. The Commission advised the Cabinet:- (i) of its general support for the action plan contained in paragraph 8.2 of the report, subject to the plan being sufficiently flexible to enable emerging issues to be addressed in the future, (ii) of its strong support for the bids for additional funding and of the Commission’s view that, if at all possible, consideration should be given to bringing forward by a year the implementation of schemes to 2012/2013; and (iii) that in considering the report, the Cabinet be requested to give consideration to the points raised by the Parking Scrutiny Panel as detailed in the report. The Cabinet noted and supported the views of the Commission.
RESOLVED
That the Outline Action Plan detailed in paragraph 8.2 of the report be agreed.
Reason for Decision
To be able to implement the proposed action plan set out in the report, the approval of the Cabinet was required.
62. Calendar of Meetings 2012/2013 (Vice Chair Portfolio)
The Head of Legal and Democratic Services in consultation with the Portfolio Holder had proposed a calendar of meetings for 2012/2013 in accordance with the previously agreed criteria.
RESOLVED
1. That the Council be recommended to note when consideration is given to the Calendar of Meetings at the Annual Council meeting in May, that the Cabinet had no objection to the proposed calendar; and
2. That the thanks of the Cabinet be recorded for the excellent work carried out on this matter by Councillor Crow and Roger Brownings (Democratic Services Officer).
Reason for Decisions
To enable a calendar of meetings to be scheduled for 2012/2013.
55 Cabinet 11 January 2012
63. Worth Park Restoration (Leisure and Cultural Services Portfolio)
The Cabinet considered report AM/41 of the Head of Amenities. Members noted that Worth Park was of local and national importance as a designed landscape with Grade II listed features. Sadly, many of the important landscape features were in need of urgent restoration. With restoration and investment, the park offered the opportunity to provide enhanced informal leisure and educational activities for Crawley residents.
Members were reminded that arising from the budgetary process, £70,000 had been requested to progress a Heritage Lottery Fund (HLF) bid, and that that funding had been approved at the meeting of the Cabinet held on 7 July 2010 (minute 19 refers). The application to the HLF had been successful at Stage 1, and with funding of £237,000 from the HLF, a final Stage 2 bid, had been submitted in August 2011. It had been confirmed that the Stage 2 bid had been successful, and the HLF had offered to fund expenditure of £2.42million from the ‘Parks for People’ fund of the total project costs. A capital contribution of £125,000 towards the repair of the park’s infrastructure had already been submitted through the current budget process, and a revenue contribution of £100,000 per annum for enhanced grounds maintenance and the delivery of the Activity Plan had already been budgeted for. The total project cost, including the first five years maintenance would cost £3.4million.
It was pointed out that the process for obtaining capital grants from the HLF was highly competitive. Many applications were made and it was a remarkable achievement that Worth Park Gardens, with its relatively small footprint, had received such emphatic recognition as part of that process. That was testament to the exceptional quality of the Council’s application and the clear national significance of Worth Park Gardens.
The HLF had requested a response within twenty days of their offer letter. In this highly competitive grant bidding environment, it was considered important to make as timely an acceptance as possible, to secure the funding. The Council might in the future make further applications to the HLF and it was considered important to the prospects for future projects, to energetically pursue the opportunities for Worth Park Gardens.
Members were informed that the acceptance of the offer would enable the restoration of many historically important features within Worth Park, as well as the enhancement of facilities for all Crawley residents to enjoy. The Cabinet thanked the Head of Amenities and his team for their good work on this matter.
Some Members expressed the view that the costs to the Council over the next five years, (in addition to the £70,000 that had already been spent in submitting the HLF bid), would be in the region of £1million, and that having regard to the current economic climate, that expenditure could not be justified; and that the money could be spent on more worthwhile projects in the Borough. The view was also expressed that Worth Park Gardens was not the main park in the Borough, and that the project proposed was unsustainable without causing disproportionate impact to the Council’s park service, and furthermore that the public were concerned about the consequential effects on Tilgate Park.
RESOLVED
1. That the restoration and improvement work design elements of the final Stage 2 HLF bid for Worth Park be noted.
56 Cabinet 11 January 2012
2. That the offer of £2.42million funding from the Heritage Lottery Fund (HLF) ‘Parks for People’ fund to restore and enhance features within Worth Park be accepted, and that the capital and revenue contributions as listed in paragraph 7.3 of the report be confirmed, as well as HLF’s terms and conditions of accepting this funding, as set out in paragraph 7.4 of the report.
In accordance with Scrutiny Procedure Rule 14, the decisions above were called in by Councillor Jones on the grounds that he did not believe that the decisions had been taken in accordance with the following principle as set out in Article 13.2 of the Council’s Constitution:- (a) proportionality (i.e. the action must be proportionate to the desired outcome).
Councillor Jones call in was supported by the following signatories:- Councillors Crane, Irvine; and Joyce.
Reasons for Decisions
1. The Council had a responsibility to maintain historically important and listed features, such as those at Worth Park.
2. The use of the Council and the HLF funds, was an opportunity to restore features and enhance the informal leisure offer at Worth Park, for the benefit of all residents in Crawley.
64. 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 items of business on the grounds that they involve 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 items.
65. North East Sector (Chair Portfolio) (Exempt - paragraph 3 – financial or business affairs)
The Cabinet considered report PDS/103 of the Head of Property. Members were reminded that Outline Planning Permission had been granted on appeal on 16 February 2011 by the Secretary of State, for land at the North East Sector to develop 1900 residential dwellings and related community facilities.
As the planning permission related to the entire development area referred to in the master plan, each of the four landowners, the Council, the Homes and Communities Agency (HCA), Taylor Wimpey and Persimmon, were jointly and severally liable to meet the planning conditions, including the requirement for affordable housing, highway and community infrastructure etc (and the costs thereof). That liability would run with the land to any subsequent owner/s.
The Council’s and the HCA’s combined land holdings comprised approximately 57% of the total land area (51% of the housing land) within the planning red line.
In order to best inform the Council as to the options for its possible role/involvement within the scheme and the implications for its potential capital receipt, it was
57 Cabinet 11 January 2012 considered advisable for the Council to jointly procure with the HCA relevant professional advice using their existing framework panel of consultants, and GVA had been appointed.
The first stage of the appraisal work had reviewed the development potential for the entire site factoring in likely programming/phasing, key constraints/opportunities and underlying development viability. There were many potential ways to move this project forward in the Council’s and HCA’s capacity as landowners. Those options needed to be reviewed in some detail to improve the overall scheme feasibility taking into account the substantial public sector landholdings. The Cabinet thanked the officers for their good work on this matter.
This matter had also been considered at the meeting of the Overview and Scrutiny Commission held on 9 January 2012. The Commission supported the recommendations in the report, subject to revising the wording in paragraph 2.2 (2). The Cabinet agreed with the Commission, that recommendation 2.2 (2) in the report, be revised to read as set out in 2 below.
RESOLVED
RECOMMENDATION 1
That the Council be RECOMMENDED :-
1. Agree that the option of an immediate disposal of the Council’s land not be pursued.
2. Agree that the Council jointly work with HCA to agree a strategy with the Consortium (Taylor Wimpey and Persimmon) for the delivery of a new neighbourhood on land known as North East Sector, which would involve the following:-
The HCA and the Council combining their North East Sector landholdings and working together to negotiate and enter into a collaboration agreement.
The HCA and the Council undertaking discussions with the Consortium to seek to reach agreement on issues relating to land equalisation, funding arrangements and possible contribution towards infrastructure costs (as detailed in paragraph 5.2 of the report). Further reports would be referred to the Cabinet outlining the progress of those discussions and the preferred procurement option as detailed in paragraph 7.7 of the report.
3. Authorise the appropriate Director or Head of Service in consultation with the Leader of the Council and the Head of Legal and Democratic Services to evaluate and agree the contractual terms of a collaboration agreement between the Council and the Homes and Communities Agency.
58 Cabinet 11 January 2012
Reasons for Decisions
1. The Council wanted to see the development delivered to gain new residential units and the benefit of 760 much needed affordable housing units within the Borough.
2. The Council also anticipated achieving a capital receipt which could replenish reserves, or be reinvested in much needed local capital projects to be delivered by the Council.
3. There would be economic benefits for the Crawley area as a result of the development including:- (i) potential employment opportunities during the development period, additional jobs following construction of the school, B1 B2 and B8 units and the retail floor space; and (ii) increased consumer spending capacity created by additional residents which would provide additional customers for existing and new (town centre development) businesses.
66. Leasehold Insurance Tender Appraisal (Exempt – paragraph 3 – financial or business affairs)
The Cabinet considered report FIN/52 of the Head of Finance, Revenues and Benefits. The Council’s current leasehold insurance arrangements would expire on 31 March 2012. The report before Members sought approval for the award of the contract to the supplier that best met the Council’s leasehold insurance requirements for the next five years.
Members noted that the “Notices of intent” (the 1st stage consultation) had been issued to leaseholders on 28 April 2011. A summary of all the comments and observations received had been included in the report now before Members as background papers. The “Landlords Proposal Notice” (the 2nd stage consultation) would be issued to all leaseholders on 12 January 2012 and all leaseholders would be able to make written observations or comments regarding the proposed appointment of Accumus as the Council’s leasehold insurance provider, until 11 February 2012. Before awarding the contract, the Council was obliged to have regard to any observations or comments received in response to the second stage consultation.
RESOLVED
That delegated authority be granted to the Leader of the Council to appoint Accumus as the Council’s leasehold insurance provider for a period of five years from 1 April 2012, subject to consideration of any observations or comments received from leaseholders in respect of the second stage consultation (as set out in paragraphs 6.3 and 6.4 of the report).
Reason for Decision
Following a tender evaluation, Acumus had submitted the most advantageous tender for the Council.
59 Cabinet 11 January 2012
67. Closure of Meeting
With the business of the Cabinet concluded, the Chair declared the meeting closed at 8 30pm.
R A LANZER Chair
60 Development Control Committee 23 January 2012
Crawley Borough Council
Minutes of Development Control Committee 23 January 2012 at 7.30pm Present: Councillor J I Denman (Chair)
Councillor S A Blake (Vice–Chair)
Councillors ALI Burke, L A M Burke, A C W Crane, D G Crow, C L Denman, I T Irvine, S J Joyce, B MeCrow, A J E Quirk, D J Shreeves and G Thomas
Also in Attendance:
Councillor L R Gilroy
Officers Present:
Marie Bolton Principal Planning Officer Manson Kendall Principal Lawyer - Property Kay Molloy Democratic Services Officer Jean McPherson Group Manager Angela Tanner Head of Planning and Environmental Services
Apologies for Absence:
Councillor K Brockwell
67. Minutes
The minutes of the meeting of the Committee held on 3 January 2012 were approved as a correct record and signed by the Chair subject to the word "author" being replaced by the word "recipient" in Councillor Thomas' declarations of interest under ENF/2011/0189 and ENF/2011/0190.
68. Lobbying Declarations
No lobbying declarations were made.
61 Development Control Committee 23 January 2012
69. Members’ Disclosure of Interests
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number Councillor Minute 70 CR/2011/0659/TPO Personal and Prejudicial D J Shreeves Land r/o 36 St Joan Interest in the item as Close, Langley his garden was adjacent Green, Crawley to the site. Councillor D Shreeves withdrew from the meeting whilst the item was discussed and took no part in the discussion.
70. Planning Applications List
The Committee considered report PES/63 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/63 of the Head of Planning and Environmental Services and in the Register of Planning Applications the decisions be given as indicated:-
* CR/2011/0382/FUL Retrospective application for erection of fence (amended drawings received) at 13 Tillotson Close, Maidenbower, Crawley.
Councillors S J Joyce and G Thomas had attended the site visit.
Councillor S A Blake had visited the site independently.
The Principal Planning Officer summarised the report. Members debated this application and concerns were expressed about the enclosure of this prominent front garden site and the impact on the character of the surroundings. It was noted this was the only garden space available for this property. The enclosure of this space which had wider amenity value they felt was out of character and harmful to the streetscene.
The Officer recommendation was overturned.
Refused for the following reasons:
The fence by virtue of its siting and form, would enclose a significant area of the open plan front garden at a prominent location in the street, causing harm to the
62 Development Control Committee 23 January 2012
open landscaped character and amenity of the area, contrary to policies GD1 and GD2 of the Crawley Borough Local Plan 2000 and EN5 of the Core Strategy of the Local Development Framework 2008.
CR/2011/0487/FUL Extension of retail units at Lower Mall level, County Mall into existing south car park entrance and exit area, change of use of part of car park level one to A1 (retail), construction of new external vehicle access ramp, alterations to roundabout on Station Way, new landscaping and other associated works associated with the internal reconfiguration of County Mall retail units (amended plans received) (amended site plan) at Units 31-37 (Lower Mall) & 81-87 (Upper Mall), car park entrance area and land to the south bounded by Station Way, County Mall, Crawley.
The Agent (James Wickham on behalf of Standard Life) addressed the meeting.
Councillors S J Joyce and G Thomas had attended the site visit.
The Group Manager provided a verbal update as follows: The Council's Arboricultural Manager had responded and commented that the oak tree on site had previously been poorly reduced and therefore had no objection in arboricultural terms. He recommended that a replacement oak be planted. WSCC had formally changed their representation to "no objection" based on amended access and road arrangements. This would be subject to control by conditions, and, a Section 278 Agreement, for the element to be carried on the publicly maintainable highway. Conditions 5, 6 and 7 were altered to read as follows:
5. No development shall be carried out unless and until a schedule of materials and finishes and, samples of such materials and finishes to be used for external walls of the ramp and the external alterations to the building have been submitted to and approved by the Local Planning Authority. The ramp and external alterations shall thereafter be finished and maintained in accordance with the materials approved. REASON: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with Policy GD1 of the Crawley Borough Local Plan 2000.
6. No development shall start until a Construction Management Plan, to include details of: Element 1: Public Safety, Amenity and Site Security Element 2: Operating Hours, Noise and Vibration Controls
63 Development Control Committee 23 January 2012
Element 3: Air and Dust Management Element 4: Stormwater and Sediment Control Element 5: Waste and Materials Re-use Element 6: Traffic Management has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented during the construction period. Reason: To ensure the operational requirements of the site during construction are met and pollution is minimised in accordance with policies GD3, GD20 and GD34 of the Crawley Borough Local Plan 2000.
7. Before the development is occupied the proposed vehicular access to A2220 Station Way shall be designed/constructed in accordance with the approved plans, all to be permanently maintained to a specification to be first agreed in writing with the Local Planning Authority. Reason: In the interests of highway safety in accordance with policy GD3 of the Crawley Borough Local Plan 2000.
Three new conditions were added as follows: 11. Before the development is occupied the proposed vehicular access to A2220 Station Way shall be designed/constructed in accordance with the approved plans, all to be permanently maintained to a specification to be first agreed in writing with the Local Planning Authority. Reason: In the interests of highway safety in accordance with policy GD3 of the Crawley Borough Local Plan 2000. 12. The development hereby permitted shall not be implemented until the surface water drainage of the car park access ramp has been designed so as to prevent the discharge of water onto the public highway. Details shall first be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety in accordance with policy GD3 of the Crawley Borough Local Plan 2000. 13. No new development shall be occupied until the parking spaces and turning areas have been laid out within the site in accordance with plans that have first been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the operational requirements of the site including parking is provided in accordance with policy T3 of the Core Strategy of the Local Development Framework 2008 and GD3 of the Crawley Borough Local Plan 2000. 14. No development shall start until a scheme specifying arrangements for deliveries to and removals
64 Development Control Committee 23 January 2012
from the site has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented. Reason: To ensure the operational requirements of the site are provided in accordance with policy GD3 of the Crawley Borough Local Plan 2000.
In addition, the following highways informative was added: If it is the applicant's intention to carry out any of the roadworks included in the application so that they affect maintainable highways, permission under the Town and Country Planning Act should not be construed as approval to the highway engineering details necessary for inclusion in an Agreement under Section 278 of the Highways Act 1980.
That the Head of Planning & Environmental Services be authorised to approve the application subject to standard detailed conditions concerning permission time limit, Decision Notice, retail sales floor space, southern elevation, materials/finishes, Construction Management Plan, accesses, land/finished floor levels, landscaping scheme, planting, Construction Management Plan, new access, drainage, parking and turning, deliveries/servicing and upon the conclusion of an agreement under Section 106 of the Town and Country Planning Act 1990.
Should the Section 106 Agreement fail to be completed within 2 months of the committee, which expires on 23 March 2012, 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 level of Public Realm Contributions infrastructure provision to support the development contrary to policies GD3, GD35 and GD36 of the Crawley Borough Local Plan 2000, policies TC2 and ICS2 of the Crawley Borough Local Development Framework Core Strategy 2008, SPD1 'Planning Obligations and S106 Agreements', and the Town Centre Wide Supplementary Planning Document 2008.
CR/2011/0598/COU Change of use from B8 (warehouse) to sui generis (ambulance station) at Unit 1A, Gatwick Gate, Old Brighton Road, Langley Green, Crawley.
Permitted subject to standard detailed conditions concerning permission time limit, temporary use time period, Decision Notice, parking spaces and secure cycle parking.
65 Development Control Committee 23 January 2012
CR/2011/0604/FUL Retrospective application for installation of ATM at Broadfield Premier, 20-22 Broadfield Barton, Broadfield, Crawley.
Permitted subject to standard detailed conditions concerning the Decision Notice.
CR/2011/0605/ADV Retrospective application for x 1 internally illuminated ATM at Broadfield Premier, 20-22 Broadfield Barton, Broadfield, Crawley.
Consent granted subject to standard advertising conditions and intensity of illumination.
CR/2011/0620/FUL Construction of pollution control lagoon, underground pipeline connection to existing pollution lagoon, pump housing kiosk, fencing, access, and associated landscaping, footpath diversions and ecological mitigation and enhancement works on land adj to Gatwick Airport, West of Balcombe Road, Crawley.
The Group Manager provided a verbal update and Members noted the correction to the report in paragraph 4.6 in which the word "within" had been removed and the first line now began "The site lies adjacent to ……"
Members further noted that, following representations received from the Environment Agency and WSCC Archaeology, the following two additional conditions were agreed:
8. The lagoon shall not be filled to a level higher than 66.6m AOD until it has been demonstrated to the satisfaction of the planning authority that a failure in the containment of the lagoon will not pose a flood risk to neighbouring property. Reason: To ensure that off-site flood risk will not be increased 9. No development shall be carried out on the land until the applicant, or their agents or successor in title, has secured the implementation of a programme of archaeological works in accordance with a written specification and timetable which has been submitted to and approved in writing by the Local Planning Authority. Reason: The site is potentially of archaeological interest.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, Landscape, Access and Ecological Mitigation and Enhancement Strategy, tree protection, landscaping, planting, netting, level and programme of archaeological works.
66 Development Control Committee 23 January 2012
* CR/2011/0628/COU Change of use from hostel to residential dwelling and erection of detached garage (amended drawings received) at Apple Tree Farm, 37 Langley Lane, Ifield, Crawley.
Councillor G Thomas had visited the site independently.
The Principal Planning Officer provided a verbal update to Members noted that both NATs and Gatwick Airport Limited had raised no objection to the proposal. The Arboricultural Officer had raised no objection in arboricultural terms and the Urban Design Officer had commented that the amended plans were acceptable. Following discussion of this proposal, the following additional condition was agreed with regard to the outbuilding:
The garage, with workshop space, hereby permitted shall be occupied as ancillary to Apple Tree Farm, 37 Langley Lane as a dwellinghouse and shall not be used as a separate independent unit of occupation or for commercial purposes. REASON: To protect the amenities of the surrounding area and prevent the use of the site for purposes which would inappropriate to the site and surrounding area which would conflict with policies GD1, GD2 and H19 of the Crawley Borough Local Plan 2000 and contrary to policy EN5 of the Crawley Borough LDF Core Strategy 2008.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, materials/finishes, fenestration details, parking spaces and outbuilding.
CR/2011/0639/ADV Erection of 7 x fascia signs (6 externally illuminated & 1 non illuminated) at Smith & Western (former Bluebird PH), Tilgate Drive, Tilgate, Crawley.
Consent granted subject to standard advertising conditions.
CR/2011/0648/COU Change of use from A1 (shop) to A3 (restaurant) & A5 (hot food takeaway) at 2 Gossops Parade, Gossops Green, Crawley.
The Principal Planning Officer provided a verbal update and Members noted that paragraph 1.3 of the report contained some out of date information. It was noted that some of the units mentioned were not as listed.
Permitted subject to standard detailed conditions concerning permission time limit, Decision Notice, ventilation and hours of opening.
67 Development Control Committee 23 January 2012
* CR/2011/0652/COU Change of use from B8 (storage and distribution) of commercial vehicle parts to A1 (barbers) at 13 Martyrs Avenue, Langley Green, Crawley.
Permitted subject to standard detailed conditions concerning permission time limit and Decision Notice.
CR/2011/0659/TPO T1 Oak – crown reduction by 1.5m all round (30%) on land r/o 36 St Joan Close, Langley Green, Crawley.
Consent granted for one year subject to the works being undertaken under supervision and to the satisfaction of the Borough's Arboriculturist.
CR/2011/0672/ADV Erection of 1 freestanding non illuminated Oak Notice Board on land in front of Tesco Express, 84-86 Downland Drive, Southgate, 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.
71. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 9.30pm.
J I DENMAN Chair
68 General Purposes Committee 30 January 2012
Crawley Borough Council
Minutes of General Purposes Committee 30 January 2012 at 7.00pm Present: Councillor R D Burrett (Chair)
Councillor M L Ayling (Vice–Chair)
Councillors ALI Burke, D G Crow, C R Eade, S J Joyce, P K Lamb, R A Lanzer, C G Oxlade and L A Walker
Officers Present:
Manson Kendall Principal Lawyer Mez Matthews Democratic Services Officer
Apology for Absence:
Ann-Maria Brown Head of Legal and Democratic Services
20. Minutes
The minutes of the meeting of the Committee held on 14 November 2011 were approved as a correct record and signed by the Chair.
21. Members’ Disclosure of Interests
No disclosures of interests were made by Members.
22. Changes to the Constitution
The Committee considered changes to the Constitution. Discussion took place relating to the proposed change to Council Procedure Rule 2.2(a) - Majority Vote to Continue: Interruption of the Meeting.
Several Committee members were opposed to the suggestion that a further vote on whether or not to continue should take place every 30 minutes following a Full Council meeting’s initial extension. The view was expressed that it was the role of Full Council to discuss important issues affecting the town and that those should continue to be discussed regardless of how long that took. It was also suggested that the duration of Full Council meetings could be shortened if there was less repetition and announcements of information which had previously been circulated to councillors.
69 General Purposes Committee 30 January 2012
Several other Committee members commented that currently there was no power to end a meeting following the initial meeting extension. The proposed change would empower councillors and allowed flexibility. It was also stated that lengthy Full Council meetings did not happen often and that important items could be moved forward on the agenda at the discretion of the Mayor.
The proposed change was agreed subject to the removal of the words “only in exceptional circumstances”.
RESOLVED
RECOMMENDATION 2
That the Full Council be recommended that the amendments to the Constitution proposed in Appendix 1 to these minutes be agreed.
23. Changes to the Leader’s Scheme of Delegation
The Committee noted the changes which the Leader had made to his Scheme of Delegation.
The Committee had before it changes to the responsibilities of Cabinet portfolios which had been distributed separately to the agenda. The Leader had also changed the portfolio title of “Continuous Improvement and Development” to “Customer and Corporate Services”.
RESOLVED
RECOMMENDATION 3
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.
24. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 7.35pm.
R D BURRETT Chair
70 General Purposes Committee 30 January 2012
CHANGES TO THE CONSTITUTION APPENDIX 1
Function Proposed amendment Reason for amendment
Article 7 – The Leader and Cabinet – Page 26 Amend Article 7 as detailed in Appendix 1a. To clarify current procedure. (Ann-Maria Brown) Amended wording in bold.
Scheme of Delegation - Terms of Reference: Amend the Terms of Reference as detailed in Appendix 1b. To maintain good practice General Conditions – Page 53 and for the purposes of clarification. (Ann-Maria Brown) Amended wording in bold. Deleted wording shown as crossed through.
Functions of the Development Control Amend function 17 to read as follows: To permit Private Sector Committee – Page 84 Housing Officers based “(17) Power to require proper maintenance of land under within the Housing Options (Mark Dow) Section 215(1) of the Town and Country Planning Act Team to take effective 1990 enforcement action against the owners of empty The following function is delegated to the Head of homes and return them to Planning and Environmental Services or the Head of use. Strategic Housing and Planning Power to require proper maintenance of land
71 Function Proposed amendment Reason for amendment
Amended wording in The following function is delegated to the Head of Legal bold. and Democratic Services, or the Head of Planning and Environmental Services or the Head of Strategic Housing and Planning To serve notices under Section 215 of the Town and Country Planning Act 1990 on owners of waste land”
Council Procedure Rules – Page 215 Amend the Council Procedure Rules as detailed in Appendix To ensure that the Council 1c. fulfils its statutory duties. (Ann-Maria Brown) Amended wording shown in bold.
Deleted wording shown as crossed through.
72 General Purposes Committee 30 January 2012
APPENDIX 1a
EXCERPT FROM ARTICLE 7 – THE LEADER AND CABINET
7.8. Role of Cabinet Members
The role of Cabinet Members shall be as follows:-
(1) To be the advocate of policies within his/her portfolio; (2) To provide strong and fair leadership and clear political guidance; (3) To be politically accountable to the Council for overseeing the effective implementation of policies and strategies which fall within his/her portfolio; (4) To work with the Leader and other Cabinet Members in order to initiate and develop corporate strategies and policies which the majority group(s) wish(es) to pursue; (5) To keep himself/herself informed of any significant underspends/ overspends in the budgets for which his/her portfolio is responsible; (6) To promote the interests and image of the Council; (7) To contribute towards achieving the Corporate Plan objectives as embodied in the Council’s Vision Statement; (8) To exercise collective responsibility for decisions of the Cabinet; (9) To make decisions as delegated under the Council’s Constitution and to take day-to-day decisions relating to a matter within the remit of his or her portfolio responsibilities including executive decisions that have been delegated to him/her subject to the following:- (a) The Cabinet Member shall comply with the requirements of Article 13 of this Constitution relating to Decision-Making and Rule 20 of the Access to Information Rules and any other relevant Procedural Rules contained in the Constitution. (b) A Cabinet Member may refer any matter within their portfolio to the Cabinet for a decision.
7.9. Proceedings of the Cabinet
Proceedings of the Cabinet shall take place in accordance with the Cabinet Procedure Rules set out in Part 4 of this Constitution.
7.10. Responsibility for Functions
The Leader holds all responsibility for Cabinet functions and determines the Scheme of Delegation for the discharge of Cabinet functions. The Leader will determine which Cabinet functions are to be exercised by:
73
(1) Him/herself; (2) The Cabinet as a whole; (3) A Committee of the Cabinet; (4) An individual Member of the Cabinet; (5) An employee; (6) An Area Committee; (7) Joint Arrangements; (8) Another Local Authority.
The Leader will maintain a list in Part 3 of this Constitution setting out which individual Members of the Cabinet, Committees of the Cabinet, employees, Area Committees, Joint Arrangements or other authorities are responsible for the exercise of particular Cabinet functions.
The Leader of the Council has allocated portfolio responsibility to individual Cabinet Members. Full details of their responsibilities are set out in this Constitution in Part 4 - Rules and Procedures – Leader and Cabinet Procedure Rules.
74 General Purposes Committee 30 January 2012
APPENDIX 1b
SCHEME OF DELEGATION – TERMS OF REFERENCE: GENERAL CONDITIONS
SCHEME OF DELEGATION - TERMS OF REFERENCE: GENERAL CONDITIONS
1. All matters delegated to the Cabinet, individual Cabinet Members, Committees and employees shall be exercised in accordance with (a) the Council’s Constitution and (b) any agency agreement or scheme. 2. No expenditure shall be incurred unless it is (a) provided for in estimates, (b) in accordance with any policy or directive of the Council or Cabinet and (c) in accordance with any annual or standing contract. 3. In the case of matters delegated to employees where any matter involves professional or technical considerations not within the sphere of competence of the employee concerned, he/she will consult with the appropriate professional or technical employee before authorising action exercising powers under the Scheme of Delegation. 4. In lieu of exercising his/her delegated powers, an employee may refer the matter in writing to a Director, to the Cabinet or to the appropriate Committee, in writing which shall then have the delegated power to determine the issue on behalf of the Council. 5. In lieu of exercising its delegated powers, a Committee (but not the Cabinet) may decide to refer a matter to Council. The Cabinet shall not exercise its delegated powers when a decision has been called-in in accordance with the Scrutiny Procedure Rules contained in the Council’s Constitution. The Licensing Committee (or, as provided in the Scheme of Delegation, its Sub-Committee) shall exercise all functions under the Licensing Act 2003 other than the determination, publication and review of the Council’s Licensing Policy Statement and any consultation on the creation or review of the policy unless the Licensing Committee is prevented from carrying out its functions under the Act by virtue of legislation, statutory guidance or constitutional rules concerning interests, political balance or the quorum of the Committee. 6. In the absence of the appropriate Cabinet Member, or at the Cabinet Member’s request, the Leader may decide to determine a Cabinet function delegated to a Cabinet Member him/herself or refer the matter to the Cabinet or a Committee of the Cabinet. 7. In managing the service all Directors and Heads of Service shall be authorised in their discretion to exercise such powers as may be provided by the relevant legislation including the service or receipt of notices, the making of agreements, the making,
75 revoking or amending of orders, the authorisation of any action and the authorisation of named employees to enforce specific powers. 8. To facilitate the scrutiny of decisions made under delegated authority, any employee dealing with a matter under a delegated authority shall keep an adequate record of the exercise of that power. 9. Reference in the scheme to the exercise of a power by a Head of Service includes reference to an employee acting in accordance with arrangements made by that Head of Service in writing for the organisation and management of his/her service area. 10. Day-to-day operational decisions relating to the management of a service area shall be the responsibility of its Directors and Heads of Service. 11. Reference to a statutory provision includes any amendments, re-enactment or subordinate legislation thereof. (NB. The Leader holds all responsibility for Cabinet functions and determines the Scheme of Delegation for the discharge of Cabinet functions. The Leader will determine which Cabinet functions are to be exercised by him/her personally and which are to be exercised by the Cabinet, Cabinet Committees, individual Cabinet Members, employees, Area Committees, Joint Arrangements or another Local Authority. This Part of the Constitution reflects the Leader’s current delegation of those functions.)
76 General Purposes Committee 30 January 2012
APPENDIX 1c
EXCERPT FROM COUNCIL PROCEDURE RULES
2.2. Majority Vote to Continue
(a) Interruption of the Meeting If the business of the meeting has not been concluded within two and a half hours, unless the majority of Members present vote for the meeting to continue for a period not exceeding 30 minutes, the following procedure will be implemented. (Following the meeting’s initial extension, consideration will be given to extending the meeting by further periods not exceeding 30 minutes each).
(b) Motions and Recommendations Not Dealt With If there are any other motions or recommendations on the agenda that have not been dealt with within the two and half hours, or at the expiry of any agreed extension(s), they are deemed formally moved and seconded (together with any amendments). No speeches will be allowed on these items and the vote will be taken in the usual way.
When the Council is statutorily required to reach a decision about any matter before a specific date, then the meeting considering the matter shall continue until such decision is reached irrespective of the expiry of two and half hours or an agreed extension(s) to the meeting, if not to do so would result in a breach of that requirement or, on the advice of the Monitoring Officer (or his or her deputy), would lead to undue expenditure and delay.
(c) Recorded Vote If a recorded vote is called for during this process, it will be taken immediately.
(d) Motions Which May Be Moved During the process set out above, the only other motions which may be moved are that a matter be withdrawn or referred to an appropriate body or individual for decision or report.
(e) Close of the Meeting When all motions and recommendations have been dealt with, the Mayor may declare the meeting closed.
77 General Purposes Committee 30 January 2012
APPENDIX 2
CHANGES TO THE LEADER’S SCHEME OF DELEGATION
Function Proposed amendment Reason for amendment
Leader and Cabinet Procedure Rules: Amend the Cabinet Portfolios as detailed in Appendix 2a. To improve workload Cabinet Portfolios – Page 277 balancing, introduce and support new agendas, and (Leader) remove obsolete (Lucasta Grayson) references. (Helen Curtis) Additional wording shown in bold.
Deleted wording shown as crossed through.
Where Relevant Replace all occurrences of “Cabinet Member for Continuous To reflect the change in Improvement and Development” with “Cabinet Member for Portfolio title. (Leader) Customer and Corporate Services”.
78 General Purposes Committee 30 January 2012
APPENDIX 2a
EXCERPT FROM LEADER AND CABINET PROCEDURE RULES
CABINET PORTFOLIOS
Leader of the Council Key Director Contact(s)
General Direction of Policy and its expression in the Corporate Chief Executive Plan (in liaison with the appropriate Cabinet Member) All Directors including co-ordination of the Council’s objectives, policies and priorities and overall supervision of the organisation of the Council and its management processes
Community Leadership and, in conjunction with the Cabinet Member for Community Engagement, the preparation of a Community Strategy and the development of Community Planning
Internal and External Communications including dissemination of public information and the conduct of public relations
Overview of Finance and Human Resources
Civil Contingencies (including emergency planning) Plans and preparations for fulfilling the Council’s duties and responsibilities in relation to peacetime and wartime emergencies and the gathering of information relevant to the Council’s civil defence obligations The constant review of those emergency plans and preparations to ensure that they are at all times ready for effective implementation
Property and Construction Asset Management Strategy All non-operational assets included in the Assets Register Corporate Strategy for the maintenance, management and development of the Council’s corporate estate Terms for the acquisition, disposal and appropriation of land (excluding right to buy/rent to mortgage and shared ownership schemes for Housing Revenue Account dwellings)
Democratic renewal of the Council’s own structures and procedures
Arrangements for official and courtesy visits to and from the Borough
Internal and External Audit and Audit Commission Report
79
Finance including functions of the Council relating to rating, Business Rates and Council Tax. Funds and investment management. Insurance matters. Formulation of the Budget. Regulation of the exercise of the power of the borrowing powers of the Council. Prevention and deduction detection of fraud. Risk Management.
Welfare Reform agenda with the Cabinet Member for Housing
Strategic neighbourhood regeneration (e.g. Langley Green and Bewbush) Property Strategy Regional Governance / Development Concessionary Travel
Deputy Leader of the Council Key Director Contact(s)
Support to the Leader Chief Executive Deputising for the Leader and covering for other Cabinet Director of Resources Members, in their absence, at the request of the Leader Director of Environment and Housing Political Liaison Director of Community Services Democratic Services (excluding elections) including the Committee service and liaising with the Local Government Ombudsman
Legal Services including advice to the Council across the range of Council functions and provision of the statutory land charges service to members of the public
Fostering Interest in Local Government Promoting interest in and understanding of Local Government
Services to Members Services (i) Member Training and Development (ii) Lead Cabinet Member on issues relating to travellers’, subject to the involvement of other Cabinet Members as appropriate.
Provision of resources for enforcement of decisions taken by the Licensing Committee
Licensing Policy
Gambling Policy
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Lead Cabinet Member for 2012 Diamond Jubilee events
Cabinet Member for Continuous Improvement and Key Director Contact(s) Development Customer and Corporate Services
Performance Management and Continuous Improvement Chief Executive All Directors Service Review Programme and Performance Plan (except individual reviews)
Systems Thinking and other improvement methodologies
Service channel shifts
Human Resource Strategy including recruitment and retention policy, conditions of service employees health, safety and welfare
Overview of Customer Service and Complaints
E Government and IT Strategies
Improvement Planning Champion
Service Responsibilities: Information Technology Web team Human Resources including staffing budget Equal Opportunities Policy relating to employment Town Hall building management/office accommodation Word Processing Reprographics and Stationery Civic Hall
Procurement Policy for developing service plans Customer Contact Centre Data Protection and Freedom of Information
Partnership working with other Councils and shared service provision
Cabinet Member for Community Engagement Key Director Contact(s)
Community Engagement and Development Director of Community Services Preparation of a Community Strategy and the development of Director of Environment Community Planning (including a Public Consultation Strategy and Housing and the investigation of Area/Neighbourhood Forums) Chief Executive
81
Community and Neighbourhood Development Community Safety Grants to Voluntary Bodies Equal Opportunities Promotion of equality of opportunity Social Inclusion Strategy Health
Application of the Big Society and Localism
Lead Cabinet Member for Health
Children and Young People (including joint working with Youth Services and Youth Development Initiatives and the Council’s responsibilities defined under Section 11 (Safeguarding) of the Children’s Act 2004)
Cabinet Member for Housing Key Director Contact(s)
Crawley Homes - Landlord Role Director of Environment The provision, management and control of Council dwellings and Housing including rents Management and development of Council land held for housing purposes Housing administration Control of empty housing properties
Housing Strategic Role (including statutory functions) Provision of housing advice, homelessness service and maintenance of housing register Assessment of housing need and management of Housing Strategy Release of funds to Housing Associations under the LAHAG programme in respect of schemes included in the approved capital programme
Unfit properties and houses in need of repair and improvement, houses in multiple occupation, the abatement of overcrowding and improvement grants
Liaison and Joint Working with Social Services and Health (in relation to housing issues)
Council Tax Benefit and Housing Benefit
Welfare Reform agenda with the Leader of the Council
82
Cabinet Member for Planning and Economic Development Key Director Contact(s)
Town and Country Planning Director of Environment Local Development Framework and Housing Building regulation and building control Issues relating to access to the countryside Closure/diversion of footpaths, bridleways and highways Provision of resources for enforcement of decisions taken by the Development Control Committee
Transport Planning including public transport and liaison with public transport operators Transportation policies, including liaison with the highway authority on their development, traffic management and car parking Responding to consultations on proposed traffic regulation orders
Economic Development Town Centre Management Issues of business and employment development within the Borough including training Marketing and promotion of the Borough and tourism
Gatwick Strategy
Liaison with County Council and Neighbouring District Councils on Planning and Highways
Formulation of Green Space Strategy (The implementation of the Green Space Strategy remains with the Cabinet Member for Leisure and Cultural Services)
Heritage Strategy (the Strategy will fall within the responsibilities of several Cabinet Members, however the Cabinet Member for Planning and Economic Development will provide a co-ordinating role)
Cabinet Member for Environmental Services Key Director Contact(s)
Public and environmental health (including burials and Director of Environment cremations) and Housing Mortuaries, post-mortem rooms, burial grounds and Director of Community cemeteries Services Waste management, refuse and recycling Director of Resources
car park management dog control street naming and numbering street furniture cycle paths public conveniences
83 General Purposes Committee 30 January 2012
Food Safety Pollution Control (including noise) Health and Safety (other than employees) EMAS Climate change Local Agenda 21 Land Drainage Regulation of activities on highways, undertaking works in on the highway and environmental/street improvement schemes Christmas illuminations Provision of resources for enforcement of decisions taken by the Licensing Committee Licensing Policy Flood Prevention Gambling policy Streetscene verge cutting/amenity areas cleansing litter control abandoned vehicles Community Wardens Civil Parking Enforcement
Cabinet Member for Leisure and Cultural Services Key Director Contact(s)
Arts (including The Hawth, community arts, promotions and Director of Community entertainments, public art and bandstand) Services Museums and art galleries Sport and fitness (including sports development, playing fields, Broadfield Stadium and Leisure Centres) with the primary health and well-being role being held by the Cabinet Member for Community Services Amenity Services Parks, gardens and open spaces Land held for recreational and open space purposes Liaison and Joint Working with Education Libraries liaison Community Centres Allotments
Nature conservation/arboriculture Children and Young People (including play service, playgrounds and joint working with Youth Service and Youth Development Initiatives and the Council’s responsibilities defined under Section 11 (Safeguarding) of the Children’s Act 2004)
Play service and playgrounds
Implementation of Green Space Strategy (The formulation of the Green Space Strategy remains with the Cabinet Member for Planning and Economic Development)
84 Standards Committee 1 February 2012
Crawley Borough Council
Minutes of Standards Committee 1 February 2012 at 7.00pm
Present: Councillors Dr H S Bloom, R G Burgess, R D Burrett, M G Jones and D J Shreeves
Independent Members:- P Nicolson (Chair), B Jones and S Moore
Also in Attendance:
Councillor A C W Crane and D G Crow
Officers Present:
Ann-Maria Brown Head of Legal and Democratic Services Mez Matthews Democratic Services Officer
Apologies for Absence:
A Timms (Vice Chair) and Councillor L A M Burke
34. Minutes
The minutes of the meeting of the Committee held on 15 November 2011 were approved as a correct record and signed by the Chair subject to the renumbering of the last two minutes from 31 and 32 to 32 and 33 respectively.
With reference to minute 31, the Head of Legal and Democratic Services informed the Committee that since 2008, three investigations had taken place which had totalled £6,000 through external investigator costs. All three investigations had concluded that there had been no breach of the Code of Conduct.
35. Members’ Disclosure of Interests
No disclosures of interests were made by Members.
85 Standards Committee 1 February 2012
36. The Standards Regime Under The Localism Act 2011
The Committee considered report LDS/38 of the Head of Legal and Democratic Services which provided an update on the changes to the Standards regime as set out in the Localism Act 2011, reported back to Members on the outcome of the recent Consultation with all Members and sought the views of the Committee on appropriate options for implementing the provisions of the Localism Act 2011. The report invited the Committee to establish an appointed Task and Finish Members Working Group.
The Head of Legal and Democratic Services presented the report and informed the Committee that before 1 July (first operative day) the Council would need to adopt a Code of Conduct consistent with the seven “Nolan Principles”, recruit a new independent person(s) and put in place arrangements to deal with an allegation where a Member has failed to comply with the Code of Conduct and what sanctions are to be imposed. As drafted the definition of “Independent Person” would appear to exclude from appointment current independent Persons and ACSeS had sought Counsel’s opinion on the issue. The advice received confirmed it would not be possible for existing independent persons to apply to become an independent person under the Act. The following comments were made: Task and Finish (T&F) Members’ Working Group:
With the agreement of the Chair, Councillor D G Crow (a non-Committee member) addressed the Committee and raised concern about the proposal for a Task and Finish (T&F) Members’ Working Group. Although he valued the commitment and work shown by the Independent Members of the Committee, he was of the opinion that implementing the Standards provisions of the Localism Act 2011 was a policy matter and therefore the decision should be taken by the elected Members. He was also of the opinion that the matter should be considered by the General Purposes Committee (and not the Standards Committee). He therefore proposed that the Head of Legal and Democratic Services draft a report to the next meeting of the General Purposes Committee with a recommendation to Full Council.
The Head of Legal and Democratic Services informed the Committee that Horsham District Council had discussed the way forward for Standards under the Localism Act 2011 through a Member and Officer Liaison Group. She advised the Committee that a T&F Working Group would give a steer as to the type of arrangements Members wanted to put in place.
Concern was raised regarding the establishment of a T&F Working Group and it was suggested that any Working Group was required to be politically balanced. One Member reported that, following discussion of the matter at the Conservative Group meeting, the Leader would be requesting that the Head of Legal and Democratic investigate the possibility of adopting Standards arrangements consisting entirely of independent persons. Several Members were of the opinion that it would waste resources and time to establish a T&F Working Group when a steer on the preferred arrangements had been given by the majority Group as any alternative proposals recommended by the T&F Working Group would not be supported by the majority Group. Several other members of the Committee, however, supported the establishment of a T&F Working group as it would ensure all opinions were heard. It was highlighted that the consultation had shown that there was wide support for Paragraphs 3 to 7 of the current Code to be adopted into a new Code.
86 Standards Committee 1 February 2012
On behalf of the independent members, the Chair reminded all present that the role of the independent member did not involve making decisions on policy. Independent members had a responsibility to operate within any agreed framework adopted by the Council and to ensure that procedures were fairly and properly carried out. In that, existing members had been assiduous in carrying out their duties. The role of the T&F Group was to assist the Head of Legal and Democratic Services come up with practical proposals, which would command the respect of Full Council.
After further discussion, it was suggested that a proposal be put to the General Purposes Committee to recommend to Full Council that it adopt arrangements for a panel consisting entirely of independent persons to investigate complaints. The Head of Legal and Democratic Services informed the Committee that the duty to maintain/promote the high standards of the Council was within the Terms of Reference of the Standards Committee, and therefore it should be considered by the Standards Committee with a recommendation to Full Council.
On a vote, the Committee decided that a T&F Working Group should not be established.
Member Consultation
The Committee was disappointed that only ten Members had responded to the consultation, although it was acknowledged that the questionnaire was sent out over the Christmas period, which may have contributed towards the low response rate.
The Committee was informed that the consultation had been a genuine attempt to gain the view of Councillors.
Standards Arrangements
The majority of the Committee was of the view that the current Standards regime was not objective as Councillors sat on a Sub Committee to review a complaint made against a colleague. The Committee was of the opinion that an investigation should be carried out by independent persons who could remain impartial. It was therefore suggested that the Head of Legal and Democratic Services investigate the lawfulness of adopting a Standard arrangement which consisted entirely of independent persons and that a report on the matter, along with any suitable alternatives, be brought to the next Committee meeting. It was suggested that there should be a collective pool of independent persons who could be used by the Councils within the county. However, it was highlighted that if the panel only consisted of independent persons the important views and knowledge of Councillors would be lost. The Chair added that there had to be clarity regarding the Committee or individual to whom such a body should report.
The Committee was concerned that currently the complainant had a right of appeal, but the person who was the subject of the complaint did not. The Committee suggested that any Council hearing should have the same rights of appeal as a legal hearing.
Concern was expressed about the length of time it took the Council to complete an investigation (average of 9 months) compared to West Sussex County Council (average of 6 weeks). The Committee suggested any arrangement implemented should significantly reduce the length of time it took to complete an investigation although it was acknowledged that a delay was often due to the Council ensuring it remained independent.
87 Standards Committee 1 February 2012
Transitional Arrangements
The Head of Legal and Democratic Services explained to the Committee that due to the calendar of meetings, there may be difficulties in introducing the new requirements by 1 July and whilst the Standards Committee met in June the Council would not meet until 18 July to agree the recommendations. Up until 1 July 2012, the Council will be under a continuing obligation to deal with complaints under the current regime i.e. through statutory Standards Committee. The Council could call an extra ordinary meeting if it was of the opinion that it would not be possible to wait until the scheduled 18 July 2012 Full Council meeting.
The Committee noted that an all Member seminar was scheduled for 27 February 2012, which would give an overview of the changes to the Standards regime and would gain Councillors views.
Code of Conduct
An update would be brought to the next Committee meeting.
Dispensation
Information would be brought to the next Committee meeting. It was suggested that some dispensations could be delegated to the Head of Legal and Democratic Services.
Register of Interests
A report would be brought to the next Committee meeting. The Committee noted that a Councillor would be required to register their interests within 28 days of being elected as a Councillor or on re-election or re-appointment and that there would be a continuing duty to notify the Monitoring Officer of any changes. The Committee stated that the annual reminder was useful.
The Head of Legal and Democratic Services informed the Committee that clarification relating to “disclosures of interests and withdrawal from meetings” would be given at the next Committee meeting.
The Chair thanked the Head of Legal and Democratic Services for the significant work she had carried out in relation to the new Standards regime and he also thanked the Committee for their views.
RESOLVED
1. That the provisions of the Localism Act 2011 as they affected the Authority’s Standards Regime be noted;
2. That the outcome of the Consultation with Members be noted;
3. That a report relating to the Standards regime under the Localism Act 2011 be brought to the next meeting of the Standards Committee.
88 Standards Committee 1 February 2012
37. Closure of Meeting
With the business of the Committee concluded, the Chair declared the meeting closed at 8.35pm.
P NICOLSON Chair
89 Overview and Scrutiny Commission 6 February 2012
Crawley Borough Council
Minutes of the Overview and Scrutiny Commission Monday 6 February 2012 at 7.00pm
Present: Councillor Dr H S Bloom (Chair) Councillor M G Jones (Vice-Chair) Councillors R G Burgess, ALI Burke, V S Cumper, C C Lloyd, J L Millar–Smith and B A Smith.
Also in Attendance: Councillors L Gilroy and R A Lanzer
Apologies for Absence: Councillors J I Denman and A J E Quirk
Officers Present: Lee Harris Chief Executive Dave Rawlings Head of Finance, Revenues and Benefits Karen Hayes Deputy Head of Finance Chris Pedlow Democratic Services Officer - Scrutiny Julie Green Democratic Services Officer (Temporary)
90. Minutes and Matters Arising
The minutes of the meeting of the Commission held on 9 January 2012 were approved as a correct record and signed by the Chair. The Commission also noted the Cabinet’s response to the comments sheet.
91. Members’ Disclosure of Interests and Whipping Declarations
The following disclosures of interests were made by Members:-
Member Minute Subject Nature of Disclosure Number Dr H S Bloom, Minute 94 Corporate Plan Personal – non R G Burgess Update 2012 -17 prejudicial and B A Smith (Health and Members of West Wellbeing) Sussex County Council
No whipping declarations were made.
90 Overview and Scrutiny Commission 6 February 2012
92. Public Question Time
No questions from the public were asked.
93. 2012/2013 Budget and Council Tax
The Leader of the Council and the Head of Finance, Revenues and Benefits presented report FIN/257on the 2012/2013 Budget and Council Tax. In particular, the Leader focused on the advantages of removing the Housing Revenue Account from the current housing subsidy system and the financing of the resulting debt, the proposed average rent increase of 5.6% (compared to the Government guideline of 8.35%), the freezing of the Council’s share of the Council Tax for 2012/13, the achievement of a balanced budget for 2012/13 and proposals for new capital schemes totalling £10.279 million. In concluding his presentation, the Leader thanked the Finance Team for their assistance in producing the report.
Members commented and sought clarification on a number of aspects of the report. Areas discussed included
the need to determine a local scheme for Council Tax support (para, 6.4 refers), particularly in the light of Government changes to housing benefit and the Local Housing Allowance financial provision for the homelessness service the pay policy statement the proposal for revenue savings of £150,000 in 2012/13 by way of a restructure of the Environmental Health Service. The Leader agreed to a request for the Cabinet Member to provide more information in writing on this particular proposal prior to the Council meeting.
In conclusion, the Commission advised the Cabinet that it noted the recommendations contained in paragraph 2.2 of the report.
In addition, The Cabinet was asked to note that a majority of the members of the Commission particularly welcomed the proposals for
(1) freezing Council Tax for 2012/13; (2) the maintenance of the Capital Programme (3) for interest only payments for the first ten years on the loans to finance the debt incurred for the removal of the HRA from the current housing subsidy system
RESOLVED
That the Commission’s views expressed at the meeting be passed to the Cabinet.
94. Corporate Plan Update 2012-2017
The Leader of the Council and the Chief Executive presented report CEx/84 which set out the revised Corporate Plan Update for the period 2012 to 2017. The Leader thanked the Chief Executive and the Policy Unit for their assistance in producing the report.
Members commented and sought clarification on a number of aspects of the report and the Plan. Areas discussed included
91 Overview and Scrutiny Commission 6 February 2012
the Council’s commitment to protecting the environment and, in particular, the aspiration for solar panels to be rolled out by Crawley Homes (page 9) the Leisure Options Appraisal and ‘sustainability’ of facilities (page 10). The Hawth was used as an example of achieving this. overemphasis in the Plan of the challenges resulting from the financial climate when, in fact, returns on investments had been higher than anticipated (Page 10) the advantages and disadvantages of sharing of functions with other authorities (page 12) the Council’s role as a direct provider of services (page 12). Only a majority of the Commission supported the intention to outsource other community services. trainees and apprentices as a percentage of the full workforce of the Council (page 17). It was agreed that this information would be made available to members. the excellence of the Health and Wellbeing programme (page 19) and the understanding that further funding would be received from West Sussex County Council following their assessment of care for people with moderate needs. This would be investigated. reference to ‘the high standards of street cleanliness (page 21) which was challenged. The Cabinet would be asked to support a funding request from the Directorate the real concerns of the Council and residents over reductions in the Local Housing Allowance and problems which might arise as a result of relocation from more expensive areas (page 22) the challenges of providing a new cemetery and 384 new homes Systems Thinking and its delivery in-house
Following a discussion on the report, the Commission indicated its support for the final draft Corporate Plan Update 2012 – 2017 subject to consideration being given to
(i) the removal of the words ‘as the national economy recovers’ from the last line on page 9. (ii) access for the disabled (and for parents travelling with young children) being considered as part of the project work relating to Crawley Station and the surrounding area
The Commission requested that the views expressed at the meeting be passed to the Cabinet.
RESOLVED
That the Commission’s views expressed at the meeting be passed to the Cabinet.
95. Interim Report by the Chair of the Financial Deprivation Scrutiny Panel
The Chair of the Financial Deprivation Scrutiny Panel presented her interim report OSC/163 on the investigations of the Panel.
The report set out in detail the investigations carried out by the Panel and its achievements over the past twelve months. The major areas examined and influenced by the Panel had been:-
92 Overview and Scrutiny Commission 6 February 2012
(1) Co-ordination of Borough Council services (2) Lobbying and then supporting the proposal for a Benefits Promotions Officer (3) Enabling some joint working with the County Council in the promotion of free school meals across the Borough (4) Understanding the pressures of the third sector (5) Highlighting the importance for a local level involvement in the delivery of Universal Credit.
The report outlined the future work of the Panel, which involved inviting speakers from Crawley Open House/The Foyer, Age Concern UK and Go Cre8tive. The Panel would also be investigating child poverty, vulnerable adults, health and wellbeing and the Family Intervention Project. It was intended to circulate information about the Family Intervention Project more widely so that there was a greater understanding of the areas of work covered by the Project.
Currently there was no end date to the work of the Panel due to the positive impact it was having on the financial wellbeing of residents. A final report would be produced once the Panel felt that its work was complete, although the Commission considered that the existence of the Panel on a long term basis could probably be justified in the current climate.
In conclusion, the Chair thanked Gail Yates (Revenues Business Manager) for her valuable contribution to the work of the Panel so far and also Councillors Gilroy and Lanzer for their involvement..
In turn, Councillor Ali Burke and the members of the Panel were congratulated on the useful work being undertaken in addressing such important issues. She confirmed that she would be working with the Scrutiny Team to produce a report for members and officers on the substantial changes which would be taking place over the next few months so that everyone was suitably briefed.
RESOLVED
(1) That the interim report of the Chair of the Financial Deprivation Scrutiny Panel be welcomed; (2) That the Panel’s work and the actions that had arisen so far be endorsed; (3) That the proposals of the Panel for its further investigations be supported.
96. West Sussex Health Overview and Scrutiny Committee
The Chair provided an update on the WSHOSC meeting held on 19 January 2012. The major items discussed were:-
(1) Vascular services on the south coast. (2) A review of the performance and quality of Community Health Services – a presentation by the Community Health Trust (3) A merger of the Health and Adult Services Scrutiny Committees, with the same frequency of meetings. Fourteen County Councillors, and seven Borough/District Councillors (voting only on health issues) would serve on the new Committee with one Link member. The Business Planning Group would no longer have a Borough/District representative.
The Commission was advised that the main item at the next meeting would be East Surrey Hospital.
93 Overview and Scrutiny Commission 6 February 2012
97. Scrutiny Panels
Below is a brief update on the Commission’s Panels:
Financial Deprivation Scrutiny Panel
The Commission had received the Interim Report of the Panel earlier at the meeting (minute 95 refers). The date of the next Panel meeting had yet to be confirmed.
Partnership Travel Strategy for Crawley Town FC Scrutiny Panel
It was reported that a condition of the planning permission for the east stand at Broadfield Stadium related to the setting up of a Steering Group involving Borough Council members and officers to provide practical assistance in the day-to day operation of the Football Club’s Framework Travel Plan, an opportunity to discuss Travel Plan related issues and a forum for the sharing of knowledge and resources.
Councillor M G Jones, the Chair of the Partnership Travel Strategy for Crawley Town FC Scrutiny Panel undertook to discuss with the officers the potential for any duplication as a result of the work being undertaken by the Steering Group. However, he felt that there might still be an opportunity for the Scrutiny Panel to approach the issues from a different angle and thereby provide valuable input.
Performance Monitoring Scrutiny Panel
Councillor C C Lloyd informed the Commission that the next meeting of the Performance Monitoring Scrutiny Panel would take place on 22 February 2012. He was proposing that the presentation on the Systems Thinking Review of Democratic Services should be repeated at that meeting for members of the Panel who were unable to be at the presentation on 9th February.
Youth Provision Scrutiny Panel
Councillor ALI Burke informed the Commission that the Youth Provision Scrutiny Panel met on 19 January 2012. The Panel would be completing the scoping at the next meeting on 29 March 2012 when it was hoped that all of its members would be in attendance. There was general support from the Commission for the appointment of co-opted members to this Panel from the Crawley Youth Council and the Police. The Commission would be asked to appoint the individuals representing these organisations at its next meeting.
98. Forward Plan – 1 March to 30 June 2012 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
1. That item 2, Land Release for Affordable Housing be provisionally referred from the Forward Plan (not a full referral as was previously the case) whereby a draft
94 Overview and Scrutiny Commission 6 February 2012
copy of the report would be sent to all Commission Members to enable them to decide whether or not it should be included on the agenda for the Commission meeting on 19 March 2012
2. That item 6, Residential Street Scene and Parking Improvement Programme Review for Projects from 2012 Onwards, be referred from the Forward Plan, to be looked at by the Commission on the 19 March 2012.
3. That consideration of the 1st Annual Update Report of the Use of Consultants Scrutiny Panel be deferred until the June meeting of the Commission.
99. Joint Scrutiny Steering Group
The Vice Chair would be attending the next meeting of the Joint Scrutiny Steering Group to be held on 22 February 2012. The guidelines for items to be discussed by the Steering Group would be circulated to Members during the next few days and suggestions for items for this meeting should be sent to Councillors Bloom and Jones and Chris Pedlow of the Scrutiny Team by 16th February.
100. Closure of Meeting
The meeting ended at 9.15 pm.
Dr H S BLOOM Chair
95 Cabinet 8 February 2012
` Crawley Borough Council
Minutes of Cabinet 8 February 2012 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:
Councillor Dr H S Bloom.
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
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68. Minutes
The minutes of the meeting of the Cabinet held on 11 January 2012 were approved as a correct record and signed by the Chair.
69. Public Question Time No questions were asked.
70. Members’ Disclosure of Interests
No disclosures of interests were made.
71. Corporate Plan Update 2012-2017 (Chair Portfolio)
Members were reminded that the Corporate Plan 2011-2016 “creating a successful future for Crawley” had been agreed at the meeting of the Cabinet held on 9 February 2011 (minute 63 refers). As the Corporate Plan was a rolling five year plan, it had been agreed that an annual review of the Corporate Plan would coincide with the Budget Strategy, in order to ensure that the Council’s activities reflected both the national and local challenges it faced. The report also set out the progress made against the Council’s priorities in 2011/2012 which is attached as Appendix B to the report.
The Cabinet considered report CEx/84 of the Chief Executive and the Leader of the Council that had also been considered at the meeting of the Overview and Scrutiny Commission held on 6 February. The report sets out the revised Corporate Plan Update for the period 2012 to 2017, which was attached as Appendix A to the report. The Plan was updated annually in line with the Budget Strategy and detailed the strategic priorities of the Council.
The report sought continued Member level commitment to the continual development, improvement and change of the Council. Reference was made at the meeting to:- (i) Town Centre, (ii) Manor Royal Business District, (iii) Crawley Museum; and (iv) Crawley Station and surrounding area being a priority site for the Council.
The Overview and Scrutiny Commission had indicated its support for the final draft Corporate Plan Update 2012-2017 subject to the consideration of the following matters:- (i) the removal of the words ‘as the national economy recovers’ from the last line on page 9 of the report; and (ii) access for the disabled (and for parents travelling with young children) being considered as part of the project work relating to Crawley Station and the surrounding area. Members confirmed that Crawley Station and the surrounding area was a priority site for the Council, and agreed that the matter be considered further by the Town Centre North Working Group and the Town Centre North Officer Working Group, an assurance was given that vigorous efforts would be made to replicate the improvements made at Three Bridges Station to Crawley Station and the surrounding area. The Cabinet agreed to take on board both comments from the Commission.
With reference to the comment from the Commission challenging “the high standards of street cleanliness” in the Borough, the Cabinet noted that the Council had received
97 Cabinet 8 February 2012
an award from the Chartered Institute of Waste Management congratulating the Council on its clean streets, and therefore felt that the reporting of high standards was justifiable. Members noted that following a ‘trial’ year with reduced resources for grass verge maintenance, an application had been submitted for additional resources to increase the number and frequency of cuts in 2012.
The Cabinet asked that its thanks be recorded to the officers involved in updating the Corporate Plan for their hard work, and all officers of the Council for their hard work over the last year.
RESOLVED
That the annual report of progress made against the corporate priorities in 2011/2012 be noted.
RESOLVED
RECOMMENDATION 4
That the Council be RECOMMENDED to adopt the Corporate Plan 2012- 2017, and that the Chief Executive in consultation with the Leader of the Council be authorised to make any appropriate amendments/minor clerical corrections as necessary.
Reason for Decisions
The Corporate Plan was a rolling five year plan that detailed the strategic priorities in support of the Council’s mission statement. It was updated annually in line with the Budget Strategy to ensure that the Council’s activities reflected the national and local challenges it faced.
72. 2012/2013 Budget and Council Tax (Chair Portfolio)
The Cabinet considered report FIN/257 of the Head of Finance, Revenues and Benefits. The report outlined the proposed Budget and Council Tax for 2012/2013 and took into account the reductions in formula grant, savings and growth, latest investment interest projections and income estimates.
The report proposed a freeze in Council Tax for 2012/2013 as a result of a one off grant awarded by the Government. For 2012/2013, a balanced budget had been achieved.
As part of the ongoing passage of the Localism Bill, the Government had published a policy statement on the implementation of self financing in the Housing Revenue Account (HRA) from 1 April 2012. Instead of paying negative Housing Subsidy (£16.4 million in the current year) to the Government each year, the Council would take on
98 Cabinet 8 February 2012 the debt and finance the debt through the HRA business plan. The draft debt settlement for Crawley was £261.383 million; and the Council would be required to make a one off payment to the Government on 28 March 2012.
The Cabinet Member for Housing had approved the proposed average rent increase of 5.6% which was less than the Government guideline of 8.35%. The report also proposed new capital schemes totalling £10.279m.
Members noted a typographical error on page 35 of the report, the figure £13,991 should have read £14,241 (the £13,991 figure had excluded the Crawley Allowance of £250).
This matter had been considered at the meeting of the Overview and Scrutiny Commission held on 6 February. The Commission asked the Cabinet to note that the majority of its Members particularly welcomed the proposals for:- (i) freezing the Council Tax for 2012/2013, (ii) the maintenance of the Capital Programme; and (iii) for interest only payments for the first ten years on the loans to finance the debt incurred for the removal of the HRA from the current housing subsidy system. The Cabinet noted the Commission’s comments.
The Cabinet asked that its thanks be recorded for the work carried out by the Budget Advisory Group (BAG) for their hard work in finding savings, growth; and capital proposals for 2012/2013, and to the officers in the Finance Team.
RESOLVED
RECOMMENDED 5
1. To approve the proposed 2012/2013 General Fund budget including the savings and growth proposals as set out in sections 4 and 5 and Appendices 1 and 2,
2. To approve the proposed 2012/2013 Housing Revenue Account budget as set out in section 9 and Appendix 3,
3. To approve that £261.383m be paid to the DCLG on 28 March 2012 based on the principles of the debt and repayment schedule as outlined in paragraph 9.9; any changes to the schedule due to changes in interest rates would be made in consultation with the Leader of the Council,
4. To approve the 2011/2012 to 2014/2015 capital programme and funding as set out in paragraph 10.2,
5. To agree that the Council’s share of Council Tax for 2012/2013 be frozen at £187.83 for a band D property; and
6. To approve the pay policy statement as outlined in section 17 and Appendix 6.
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Reason for Decisions
To provide adequate funding for the proposed level of services and to fulfil the statutory requirement to set a Budget and Council Tax, and report on the robustness of estimates.
Note by Head of Legal and Democratic Services
The Notice of Precept was received from the Police Authority and West Sussex County Council following the publication of both the agenda and this Minute Book for the 29 February meeting of the full Council. Those Precept details have since been circulated to Members, and a further recommendation (Recommendation 6) will be moved in relation to the 2012/2013 Budget and Council Tax.
73. Quarterly Budget Monitoring 2011/2012 Quarter 3 (Chair Portfolio)
The Cabinet considered report FIN/ 258 of the Head of Finance, Revenues and Benefits. The report indicated the financial position at quarter 3 for the Council’s Directorates and estimated the full year effects in 2011/2012 of current levels of expenditure and income. The latest overall position on the General Fund showed a projected underspend of £166,000 compared to an underspend of £191,000 at quarter 2. A summary of the major variances was attached as Appendix 1 to the report.
With regard to the Housing Revenue Account (HRA), there was a projected underspend of £75,000 compared to a break even position at the end of quarter 2.
In terms of capital spending, £9.630million had been spent up to the third quarter. It was projected that there would be capital expenditure of £15.092million in 2011/2012. Further details were attached as Appendix 2 to the report.
RESOLVED
That the projected outturn for 2011/2012 as summarised in the report be noted.
Reason for Decision
To report to Members on the projected outturn for the year compared to the approved Budget.
74. Treasury Management Strategy 2012/2013 (Chair Portfolio)
The Cabinet considered report FIN/256 of the Head of Finance, Revenues and Benefits. The report sought approval of the Treasury Management Strategy for 2012/2013. The Council was required to approve the Strategy before the start of the financial year in accordance with the CIPFA Code of Practice for Treasury Management. In addition, the Prudential Capital Finance System required the Council
100 Cabinet 8 February 2012 to set Prudential Indicators for Treasury Management and those were set out in paragraph 4 of the report.
Members noted that the Government’s reform of the Housing Revenue Account subsidy system would have a major impact on the Council’s Treasury Management Strategy. The Government would transfer £261.383m of debt to the Council meaning that the Council would no longer be debt free. As part of the reforms, the Council would no longer be required to pay ‘negative subsidy’ to the Government. In respect of non-Housing Revenue Account activities, the Council’s policy was to remain debt free and invest according to the principles of security, liquidity and yield.
The key changes to the Investment Strategy (outlined in detail in section 6 of the report) compared with the 2011/2012 strategy were:- (i) the removal of reduced credit criteria (financial strength and support) for ‘eligible institutions’ – the HM Treasury Credit Guarantee Scheme was not now relevant, (ii) reduced credit criteria for part nationalised banks – that had first been introduced in the 2011/2012 mid-year strategy, (iii) reduce the viability/financial strength credit criteria from C to C-, (iv) the inclusion of investment in corporate bonds and pooled corporate bond funds; and (v) the addition of overseas institutions to in-house investments (previously only Investec could make those investments).
The Cabinet agreed that in respect of Fitch/Moody only, its viability/financial strength criterion be revised from C minus to C.
RESOLVED
RECOMMENDED 7
1. To approve the Treasury Prudential Indicators and the Minimum Revenue Provision (MRP) Statement contained within Section 4 of the report,
2. To approve the Treasury Management Strategy contained within Section 5 of the report; and
3. To approve the Investment Strategy contained within Section 6 of the report and the detailed criteria included in Appendix 3 of the report, subject to revising the viability/financial strength criterion for Fitch Moody only from C minus to C.
Reason for Decisions
The Council’s financial regulations, in accordance with the CIPFA Code of Practice for Treasury Management, required a Treasury Management Strategy to be approved for the forthcoming financial year. The report before the Cabinet complied with that requirement.
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75. Housing Allocations Scheme – Review of the approach to offering priority to applicants requiring larger accommodation (Housing Portfolio)
The Cabinet considered report SHAP/20 of the Head of Strategic Housing and Planning Services. Members were informed that a review of the approach to affording priority to applicants who required larger accommodation had identified that the way in which the policy was currently set out had resulted in disproportionate priority being given to applicants who configured their living arrangements in a particular way. That was disadvantaging other applicants including those who were living in temporary accommodation with shared facilities at a time when there was increased demand for that accommodation and turnover needed to be sustained.
Appendix 1 to the report showed the current wording and Appendix 2 to the report, detailed the proposed change to Section 3.6 of the Allocations Scheme. The change proposed had been designed to ensure that the needs of all applicants who needed larger accommodation continued to be assessed and prioritised in an equitable way. It was proposed that Applicants who lacked two or more bedrooms be placed in Band A, and that Applicants who lacked one bedroom be placed in Band B. It was envisaged that the proposed change would result in approximately two hundred Applicants moving from Band A to Band B. The amendment proposed was a minor amendment, and was consistent with the major change in policy that had been adopted by the Council last year, which had resulted in a revised Allocations Scheme from 22 August 2011. The Council was not required to consult on the minor amendment proposed.
RESOLVED
That the amendments to the Housing Allocations Scheme as set out in Appendix 2 to the report be approved, and that they shall take effect from 5 March 2012; or such subsequent date agreed by the Head of Strategic Housing and Planning Services in consultation with the Cabinet Member for Housing.
Reason for Decision
The recommendation was made to ensure that applicants who required larger social rented accommodation were prioritised fairly, and that the Council continued to meet the needs of the local community by:- (i) giving priority to those with the greatest housing need; and (ii) making the best use of the available social housing stock in the Borough.
76. Supplemental Agenda
The Chair agreed that a supplemental agenda item on ‘Appointment of a Member to the Shadow Police and Crime Panel’ be considered as a supplemental agenda item, as it had been prepared subsequently to when the agenda had been published.
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77. Appointment of a Member to the Shadow Police and Crime Panel (Community Engagement Portfolio)
Members noted that The Police Reform and Social Responsibility Act 2011 brought in new structural arrangements for national policing, strategic police decision making, neighbourhood policing and policing accountability. Principal amongst those changes was the abolition of Police Authorities and the direct election of Police and Crime Commissioners (PCC) with effect from 15 November 2012. The elected PCC for Sussex would be held to account by a Police and Crime Panel (PCP) which would be composed of elected Councillors from all Local Authorities in Sussex together with some lay members.
A request had been received from the Chief Executive of Brighton and Hove City Council (who was also the Returning Officer for the election of the Police and Crime Commissioners), requesting the Cabinet to appoint a representative to the Shadow Police and Crime Panel for the period between April and September 2012 with a view to settling the future arrangements for an effective Police and Crime Panel from November 2012. It was envisaged that the Shadow Panel would meet two or three times and it was hoped that the first meeting would be held this April or May. The issues that the Shadow Panel would consider would include:- how members should be appointed to the PCP and the arrangements for length of appointment, replacement or reappointment, how co-opted members would be appointed, the processes to be put in place for meetings and decisions, how the PCP would work with the PCC, how the PCP would deploy its resources, who would Chair the PCP and how would the political balance for the PCP be achieved, how representation for all areas of the Force would be secured, the protocols for working with those responsible for community safety and its scrutiny; and the training and induction arrangements for members.
RESOLVED
That Councillor Boxall Cabinet Member for Community Engagement be appointed to the Shadow Police and Crime Panel.
78. 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.
79. Arboricultural Services Tender (Leisure and Cultural Services Portfolio) (Exempt – paragraph 3 – financial or business affairs)
The Cabinet considered report AM/42 of the Head of Amenity Services. Members were informed that the Council had undertaken work with Horsham District Council and Mid Sussex District Council, and consulted with the Portfolio Holder for Leisure
103 Cabinet 8 February 2012
and Cultural Services, to undertake a procurement exercise to appoint an Arboricultural contractor for tree surgery.
The purpose of the procurement exercise was to support the recommendations that had arisen from the Tree Scrutiny Review that had been undertaken in October 2009, and the newly tendered schedule of rates under the contract, would contribute towards the savings required from the establishment of a planned maintenance programme. The current budget allocated for contracted tree surgery was £194,000 and the new contract could be contained within that amount.
The report sought approval to award County Tree Surgeons Ltd, (based in Crawley Down), to be the Council’s contractor for Arboricultural Services from 1 April 2012 to 31 March 2017, totalling 5 years with an option to extend for up to 5 years.
RESOLVED
That the Council’s tree surgery contract be awarded to County Tree Surgeons Ltd (CTS) for the period from 1 April 2012 to 31 March 2017 with an option to extend for up to five years.
Reason for Decision
County Tree Surgeons Ltd offered competitive rates, had technically scored the highest; and offered the most economically advantageous tender.
80. Closure of Meeting
With the business of the Cabinet concluded, the Chair declared the meeting closed at 8 17pm.
R A LANZER Chair
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