Council Meeting 21 February 2007

Crawley Borough Council

Minutes of Council 21 February 2007 at 7.30 p.m. Present : Councillor S A Blake (Mayor)

Councillor C J Redmayne (Deputy Mayor)

Councillors B K Blake, Dr. H S Bloom, B M Brockwell, K Brockwell, A G Brown, B J Burgess, L A M Burke, R D Burrett, B Clay, S M Cleeve, A C W Crane, D G Crow, C L Denman, J I Denman, D English, M T Head, R J Hull, I T Irvine, S J Joyce, R A Lanzer, C C Lloyd, B MeCrow, J Mortimer, D W Murdoch, B J Quinn, A J E Quirk, G K Seekings, L A Seekings, D J Shreeves, B A Smith, J G Smith, L A Walker and M R Weatherley.

Officers Present:

Michael Coughlin Chief Executive David Covill Director of Resources Karen Hayes Deputy Head of Finance Paul Julian Interim Head of Finance Jim Redwood Director of Environment and Housing Pat Tinsley Head of Democratic Services Roger Brownings Democratic Services Officer

82. Minutes

The minutes of the meetings of the Council held on 20 December 2006 and 10 January 2007 were approved as a correct record and signed by the Mayor.

83. Public Question Time Questions asked in accordance with Council Procedure Rule 9 were as follows:-

Mrs Pam Chappell of Southgate requested the Council to make contact with the Railway Operators, Network Rail, to complain of the increasing litter problems in the area of the railway crossing as well as the wider surrounding area associated with the Network. She considered that the litter was attracting an increasing number of rats and was anxious that something should be done to alleviate this problem.

A number of Members responded to this matter including, Councillors B K Blake, Irvine, C L Denman, Bloom and Joyce and all agreed that contact needed to be made with Network Rail to convey the Council’s concerns and seek immediate action. Councillor B K Blake confirmed that the Council had previously raised concerns with Network Rail, and whilst there had been some initial improvement, the situation had deteriorated recently. Councillor Blake undertook to contact Network Rail asking them

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again to address the problem. Mrs Chappell was asked to leave her contact details so that she could be copied into the correspondence to be made.

84. Communications (a) Apologies for Absence

Councillors C A Cheshire and J L Millar-Smith.

(b) Apology for Lateness

Councillor L A M Burke.

(c) Sister Marie-Odile Herve

The Mayor referred to a letter she had recently received from Sister Marie- Odile Herve, (a nun who had lived in the Borough for 54 years) and had recently retired to her home in France to be close to her family. A copy of the letter had been circulated at this meeting to all Members of the Council. The Mayor highlighted Sister Marie-Odile’s gratitude for the kind words and appreciation which had been expressed by Councillors and conveyed in the letter to Sister Marie-Odile from the Mayor. The Mayor’s letter had been sent at the request of the Council at its meeting on 20 December, and the Mayor confirmed that Sister Marie-Odile was settling in very well in Rennes, her native town.

85. Members’ Disclosure of Interests

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

86. Appointments

(a) Sarah Robinson Educational Foundation

The Council considered nominating a person to serve on the Sarah Robinson Educational Foundation, following the recent resignation of former Councillor Mary Mayne.

RESOLVED.

That former Councillor Thakordas Patel be nominated to serve on the Sarah Robinson Educational Foundation.

(b) Crawley Ethnic Minority Pa rtnership (CEMP)

The Crawley Ethnic Minority Partnership had contacted the Council to say that it would welcome the nomination of a Borough Councillor to serve on that organisation. This was common practice with groups that the Council funded through the award of grant, and the Council was asked to consider nominating a person to serve on the Partnership’s Board.

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The Conservative Group was proposing the nomination of Councillor A J E Quirk to fill the vacancy concerned, whilst the Labour Group was proposing the nomination of Councillor D English. A vote was taken.

RESOLVED.

That Councillor A J E Quirk be nominated to serve on the Crawley Ethnic Minority Partnership.

87. Members’ Written Questions

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

Questioner - Councillor A C W Crane

Addressed to - Executive Member for Housing

Subject - Sale of Council Houses

Questioner - Councillor A C W Crane

Addressed to - Chair of the Executive

Subject - Funding analysis of Housing Revenue Account. Analysis of weekly rent, local tax and water charges for a typical three bedroom house since April 2003. Estimated cost of homelessness borne by the Housing Revenue Account and the General Fund in 2007/2008 and the effect on local tax and rent levels. Rent equalisation. Number of housing dwellings, estimated annual rent income and average weekly rent levels for 2007/2008. Estimated Business Rates payable within Crawley next year and how much was to be retained towards funding services. Expected average Council rent for West Sussex districts in 2007/2008 and what the increase was over the current year. Proposed Council tax for each district council in West Sussex and the percentage variation from the current year. The number of domestic rated properties in Crawley, how many fall into the band C category and the weekly / annual amount payable for CBC, WSCC and SPA for band C Council tax. Debt status, including pension deficit as at 31 December 2006, of WSCC and West Sussex district councils.

Questioner - Councillor I T Irvine

Addressed to - Chair of the Executive

Subject - Land South of Cheal’s Roundabout, Proposed Fire

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Station Site and the Borough Council’s Logo

Questioner - Councillor I T Irvine

Addressed to - Executive Member for Environmental Services

Subject - State Funded Burials / Cremations

88. Reports by Executive Members

(i) Councillor MeCrow (the Executive Member for Leisure and Cultural Services) reported on plans to upgrade the access road to Tilgate Park. The road was very narrow in certain places and was in need of general improvement. With this in mind proposals were in place to resurface the road between the K2 Leisure Centre and the community huts, to introduce two lay-bys, and fill pot holes in remaining areas. It was hoped that the work would be completed before the summer.

(ii) Councillor Burgess (the Executive Member for Housing) indicated that in view of recent concerns, the Council was currently reviewing the housing repairs and maintenance partnership arrangements. Following discussions involving officers and Members, negotiations had been instigated to seek to improve performance.

Councillor Burgess was pleased to report that the performance of the Benefits Service was still very positive, with the Service meeting and exceeding targets of the Best Value Performance Indicator and with additional improvements still being explored. This included, for example, the further promotion of mobile working involving staff going out to meet people in their own homes. Further methods were also being sought for reaching people who were not claiming, but who might be eligible for benefits. Councillor Burgess expressed her thanks and appreciation to all the staff concerned in the Service’s continuing improvement.

(iii) Councillor C L Denman (Executive Member for Planning and Economic Development) referred to current rumours which were suggesting that the Council was not now to participate in the County Card Concessionary Travel Scheme. (The Scheme enabled existing holders of the Borough’s concessionary fare card to also have a full fare concession for travel throughout Sussex). Councillor Denman asked Members to quash such rumours if and when they arose, emphasising that the rumours were not true and that the Council would (with effect from April this year) be participating in the Scheme.

Councillor C L Denman also referred to the current Examination into the LDF Core Strategy which was taking place in the Town Hall. She reminded Members that the Examination was shaping the development of our town and urged Members to attend whenever they could.

89. Questions to Executive Members

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

(i) Question by Councillor Irvine to Councillor Lanzer (as Chair of the Executive).

Councillor Irvine referred to the fact that a report on the land south of Cheal’s roundabout, proposed fire station site, was to be submitted to the 28 March meeting of the Executive. He pointed out that the Development Control Committee had twice objected to this proposal and considered that this issue should now be a matter for recommendation to the full Council, rather than an item to be resolved by the Executive.

Councillor Lanzer responded by saying that whilst taking on board the views of the Development Control Committee, we needed to distinguish the Council’s role as a Planning Authority and that as the landowner. The matter will be debated by the Executive and will consider all the issues raised.

(ii) Question by Councillor Redmayne to Councillor C L Denman (as Executive Member for Planning and Economic Development).

Councillor Redmayne explained that he had recently attended a Crawley Pensioners’ Action Group meeting where it was suggested that people in Kent and Berkshire were receiving a travel concession on a nationwide basis. The Group had asked why people in Crawley / Sussex were not receiving a similar concession?

In response, Councillor Denman referred to a nationwide concessionary fares scheme which was to be introduced by the Government in 2008, and which the Council would be considering at the appropriate time, and indicated that she would be forwarding details of this initiative to the Action Group for its information.

(iii) Question by Councillor Mortimer to Councillor MeCrow (as Executive Member for Leisure and Cultural Services).

Councillor Mortimer explained that WSCC had recently approved funds to the Chichester Festival Theatre to develop the arts in that area and therefore enhance the local economy. The same criteria applied to the Hawth Theatre, and Councillor Mortimer suggested that money for the arts should, in this way, also be made available for the people of Crawley. He considered that the Council should write to the County Council to seek similar funding.

In response Councillor MeCrow said that the Council would be writing to the County Council regarding this matter.

(iv) Question by Councillor Crane to Councillor MeCrow (as Executive Member for Leisure and Cultural Services).

Councillor Crane had been led to understand that the Crawley Carnival site would be transferred from Southgate Park to Goffs Park. He asked that if this was the case, who took the decision, on what authority was the decision made and why hadn’t the appropriate Ward Members or residents been consulted?

In response, Councillor MeCrow confirmed that the Carnival would be transferring to Goffs Park. She pointed out that the Carnival was organised by the Crawley Lions, it was they who requested that the Carnival took place at Goffs Park and that the Council had no reason to refuse.

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(v) Question by Councillor Bloom to Councillor Quirk (as Executive Member for Community Engagement).

Councillor Bloom referred to this year’s celebrations to mark the 60 th Anniversary of Crawley as a New Town, and asked for an update on arrangements regarding the celebratory events?

In response Councillor Quirk indicated that the Anniversary arrangements were going well, and included two events to be held at Goffs Park. The first was a multi cultural party for children, and the second (again on a multi cultural theme) would take the form of a music festival.

(vi) Question by Councillor Quinn to Councillor MeCrow (as Executive Member for Leisure and Cultural Services).

With regard to Tilgate Forest Golf Club, and in particular the refreshment hut (located near to the ninth green of the course), which had recently been closed, Councillor Quinn asked for an indication as to when the hut would be re-opening. He also asked if there had been any news as to when the new 42 inch plasma screen television would be arriving for installation in the Club’s clubhouse.

In response, Councillor MeCrow reminded Councillor Quinn that the Golf Course and clubhouse was leased to Glendale and as such it was they who had operational control of the Club. Nevertheless Councillor MeCrow was able to inform Councillor Quinn that the refreshment hut would be back in service from 5 April this year and that the television had been ordered, with delivery awaited. . (vii) Question by Councillor Murdoch to Councillor B K Blake (as Executive Member for Environmental Services).

In referring to the Ifield Mill Pond, Councillor Murdoch emphasised that this was an excellent facility and should be maintained as such. He went on to say that certain parts of the pond had become silted and a dumping ground for rubbish. He asked that the pond be better maintained in the future, with the Community Wardens being given more scope for inspections in that area and that any problems be reported immediately to Amenity Services for corrective action.

Councillor Blake indicated that he was aware of the problems at the pond and that we were awaiting appropriate machinery to dredge the areas concerned. Councillor MeCrow (as Executive Member for Leisure and Cultural Services) welcomed the positive moves to improve the pond area, whilst Councillor Quirk (as Executive Member for Community Engagement) indicated that he would be raising, at appropriate forums, the matter of the Wardens’ role as part of the development of the pond’s improvement. Councillor C L Denman (in her role as Executive Member for Planning and Economic Development) indicated that talks had been continuing with the Environment Agency and with English Partnership in terms of reducing the risk of flooding at the pond, with drainage works to be undertaken to alleviate this problem.

(viii) Question by Councillor J I Denman to Councillor MeCrow (as Executive Member for Leisure and Cultural Services).

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Councillor Denman asked for an update on works to the Titmus Lake in Tilgate Forest, following the need to drain the lake last summer?

Councillor MeCrow was pleased to announce that the lake had now been reinstated, with the improvements undertaken as part of that reinstatement process greatly reducing the risk of future flooding. The opportunity had also been taken to make a number of improvements to the lake generally, including (with the help of local school children) an extensive programme of new planting. All this continued to have a positive impact on the lake’s wildlife, and Councillor MeCrow suggested that the lake was well worth a visit.

(ix) Question by Councillor C C Lloyd to Councillor B K Blake (as Executive Member for Environmental Services).

Councillor Lloyd enquired as to whether a timetable was yet available for the Environmental Improvement Scheme to be undertaken at Dickens Road, Tilgate.

Councillor Blake responded by saying that he had no details of the timetable to hand, but would seek a full update on this matter, and would respond to Councillor Lloyd shortly.

90. Questions to Committee Chairs

No questions were asked.

91. Items for debate

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

Agenda Committee/ Subject Page no. Minute no.

51 Overview and Scrutiny Contact Centre Commission 8 January 2007 Minute 94

57 Executive Stock Options Ballot – Retention 10 January 2007 Options Minute 108

60 Executive Central Bewbush and Central Langley 10 January 2007 Green Supplementary Planning Minute 110 Documents

61 Executive Pre London 2012 Olympic Training 10 January 2007 Camp: Proposed Approach Minute 111

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63 Executive Corporate Safeguarding and Child 10 January 2007 Protection Policy Minute 113

66 Executive 10 January 2007 *Proposed Sale of Land at Juniper Minute 117 Road, Langley Green, Crawley

67 Executive 10 January 2007 *West Green Parade Environmental Minute 118 Improvements

69 Executive 10 January 2007 *Decent Homes Boiler Replacement Minute 120 Programme 2006

75 Development Control Planning Application List – Application Committee No. CR/2006/0762/CON. 22 January 2007 Minute 70

81 General Purposes Appointment of Mayor – Proposed Committee Points System 29 January 2007 Minute 21

82 General Purposes Honorary Aldermen and Honorary Committee Freeman 29 January 2007 Minute 22

108 Executive Budget and Council Tax for 2007/8 7 February 2007 Minute 125 (Recommendation 3)

*Part B Items

The Mayor indicated that the three items asterisked above were originally Part B items, but that she was intending to hold the debate on these items in open session unless any Member considered it likely that information that was exempt from disclosure was likely to be disclosed during the debate. In which case, they might move the deferral of the item(s) until the end of the meeting.

If these items were debated in open session, Members were asked to be mindful of the fact that they should not disclose any information that was exempt from disclosure, such as details relating to information that might be commercially sensitive.

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

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(a) Report of the Development Control Committee – 11 December 2006 (Agenda Item 11 (a) )

Moved by Councillor I T Irvine, seconded and

RESOLVED

That the report of the Development Control Committee of 11 December 2006 be received.

(b) Report of the Development Control Committee – 2 January 2007 (Agenda Item 11 (b) )

Moved by Councillor I T Irvine, seconded and

RESOLVED

That the report of the Development Control Committee of 2 January 2007 be received.

(c) Report of the Overview & Scrutiny Commission – 8 January 2007 (Agenda Item 11 (c) )

Moved by Councillor C J Redmayne, seconded and

RESOLVED

That the report of the Overview & Scrutiny Commission of 8 January 2007 be received.

(d) Report of the Executive – 10 January 2007 (Agenda Item 11 (d) )

Councillor R A Lanzer presented the report which included a called in decision of the Executive relating to Minute No. 108 (Stock Options Ballot – Retention Options).

With regard to the item on the Boiler Replacement Programme 2006, and in response to comments from Councillor Mortimer, Councillor Burgess confirmed that a full explanation of the criteria for replacing boilers will be provided in the forthcoming publication of the Council’s Information Bulletin.

With reference to Minute No. 91 above (Items for Debate), and following an indication by Members that they now had no further issues to raise regarding the item on the Pre London 2012 Olympic Training Camp: Proposed approach, this matter was withdrawn as a Debate Item.

Moved by Councillor R A Lanzer, seconded and

RESOLVED

That the report of the Executive of 10 January 2007 be received.

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Called in Item :

The Executive had considered the joint report of the Director of Environment and Housing and the Portfolio Member for Housing, DIR/EH/032, on Stock Options B allot – Retention Options .

Earlier at that 10 January meeting, the Executive had resolved: “that a ballot of tenants on transferring the housing stock to Homes for Crawley should not be held, and that this Council should now retain its housing stock without a ballot”

Members had been reminded that at the meetings of the Council on 22 November 2006 and the Executive on 6 December 2006 a range of options for making savings and increasing income to the housing revenue account had been considered in the context of a potential shortfall of £12million in funding for meeting Decent Homes Standard, if the housing stock was retained by the Council. The report before the Executive at its 10 January meeting, provided further information on a number of the retention options, as had been requested at the meeting of the Executive held on 6 December (minute 90) and the special meeting of the Council held on 22 November (minute 61). The report also detailed the findings of the Audit Commission into the way the Council had communicated the implications of meeting the Decent Homes Standard.

These matters had also been considered at the meeting of the Overview and Scrutiny Commission held on 8 January 2007, and the Executive had discussed the views of the Commission which had been amplified upon in detail at its 10 January meeting

In concluding its considerations on the Stock Options Ballot – Retention Options, the Executive had resolved as follows:-

(1) That savings from the HRA should be made from the following:

(a) That rent levels for new tenancies should be set to target level within one month. (b) That the voids standard should be reduced as described in paragraph 3.6 within one month. (c) That the Rewards 4 U Scheme be discontinued within one month.

(2) That no savings be made through amending the Allocations Policy to only transfer tenancies for exceptional reasons.

(3) That the decision to make savings by ceasing to be an “all repairing landlord” be deferred pending further analysis and information.

(4) That the decision to make savings by increasing service charges to fully recover service costs with effect from the 1 April 2007 be deferred and that fly-tipping should be excluded from consideration.

(5) That the cyclical painting programme be reduced as described in paragraph 3.11 of the report from 1 April 2007, but that any property not yet painted in polymer based paint be excluded from the programme.

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In accordance with Scrutiny Procedure Rule 13, and on the associated grounds set out in the Minute Book, this decision had been called in by Councillor B A Smith and had, therefore, been suspended pending reconsideration of the matter by the Council at this meeting.

In connection with this item, it was moved by Councillor R A Lanzer and seconded by Councillor B J Burgess:-

That no objection be raised by the Council to the decision of the Executive at its meeting on 10 January 2007 concerning the Stock Options Ballot - Retention Options, and that the decision be implemented forthwith.

(At this point, 8.55 p.m, Councillor L A M Burke arrived at the meeting).

A full and detailed discussion then followed which considered all the issues raised. As part of that discussion, and in response to comments from Members, the Leader reiterated that he would give serious consideration to the suggestion that a cross-party working group should be established to consider the implications of and how best to move forward on retaining the housing stock.

Councillor Lanzer then sought and received the Council’s consent to move a procedural motion to vote on each part of the Executive’s decision separately as follows:-

Resolution 1

That savings from the HRA should be made from the following:

(a) That rent levels for new tenancies should be set to target level within one month.

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

(b) That the voids standard should be reduced as described in paragraph 3.6 within one month.

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

(c) That the Rewards 4 U Scheme be discontinued within one month.

The motion, upon being put to the Council, was declared to be CARRIED UNANIMOUSLY.

Resolution 2

That no savings be made through amending the Allocations Policy to only transfer tenancies for exceptional reasons.

The motion, upon being put to the Council, was declared to be CARRIED UNANIMOUSLY.

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Resolution 3

That the decision to make savings by ceasing to be an “all repairing landlord” be deferred pending further analysis and information.

The motion, upon being put to the Council, was declared to be CARRIED UNANIMOUSLY.

Resolution 4

That the decision to make savings by increasing service charges to fully recover service costs with effect from the 1 April 2007 be deferred and that fly- tipping should be excluded from consideration.

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

Resolution 5

That the cyclical painting programme be reduced as described in paragraph 3.11 of the report from 1 April 2007, but that any property not yet painted in polymer based paint be excluded from the programme.

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

Moved by Councillor R A Lanzer, seconded and

RESOLVED

That no objection be raised by the Council to the decision of the Executive at its meeting on 10 January 2007 concerning the Stock Options Ballot - Retention Options, and that the decision be implemented forthwith.

(e) Report of the Appointments and Investigating Committee – 15 January 2007 (Agenda Item 11 (e) )

Moved by Councillor R D Burrett , seconded and

RESOLVED

That the report of the Appointments and Investigating Committee of 15 January 2007 be received.

(f) Report of the Development Control Committee – 22 January 2007 (Agenda Item 11 (f) )

Moved by Councillor I T Irvine, seconded and

RESOLVED

That the report of the Development Control Committee of 22 January 2007 be received.

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(g) Report of the General Purposes Committee – 29 January 2007 (Agenda Item 11 (g) )

Councillor R D Burrett presented the report which included a recommendation. This related to Minute No. 22 (Honorary Aldermen and Honorary Freemen).

Moved by R D Burrett, seconded and

RESOLVED

That the report of the General Purposes Committee of 29 January 2007 be received.

Honorary Aldermen and Honorary Freemen

(Recommendation 1)

The Committee had considered the report DS/68 of the Head of Democratic Services and Vice-Chair of the Executive on the proposed protocol for determining on whom the title of Honorary Alderman and Honorary Freeman should be conferred.

As part of the discussion on this matter, and with regard to the initial consultation with the Mayor and the leader of each political group when considering particular nominations for either honour, the Head of Democratic Services confirmed that should there be any conflict of interest in terms of one of the leaders being a relative of that nomination, then the consultation would instead involve the appropriate deputy leader.

Moved by Councillor Burrett, seconded and

RESOLVED

That the criteria and procedure set out in paragraph 4 of report DS/68 (and as set out in the Committee’s 29 January 2007 minutes) be followed when considering whether or not to confer the title of Honorary Alderman or Honorary Freeman on appropriate individuals.

(h) Report of the Overview & Scrutiny Commission – 5 February 2007 (Agenda Item 11 (h) )

Moved by Councillor C J Redmayne, seconded and

RESOLVED

That the report of the Overview & Scrutiny Commission of 5 February 2007 be received.

(i) Report of the Membership Committee – 6 February 2007 (Agenda Item 11 (i) )

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Councillor R A Lanzer presented the report which included a recommendation. This related to Minute No. 15 (Review of Allocation of Seats to Political Groups).

Moved by Councillor R A Lanzer, seconded and

RESOLVED

That the report of the Membership Committee of 6 February 2007 be received.

Review of Allocation of Seats to Political Groups

(Recommendation 2)

On 11 December 2006, the Head of Democratic Services had received notification that Councillor Marcella Head had decided to leave the Conservative Group and to join the Liberal Democrat Group. This change had had the effect of changing the political balance from a Conservative overall majority of one seat to no overall control (Conservatives 18, Labour 16, Liberal Democrats 3).

The Committee had been informed that Section 15 of the Local Government and Housing Act 1989 and the 1990 Regulations made under that Section required that when there was a change in the membership of the political groups, the Council needed to review the allocation of seats on committees to ensure that the allocation continued to meet the legal requirements for the seats allocated on each body to reflect the political composition of the Council.

Moved by Councillor R A Lanzer, seconded and

RESOLVED

That for the remainder of this Municipal Year, the allocation of seats to political groups be as set out in the second spreadsheet Appended to the Committee’s minutes of 6 February 2007 ( C) and that no changes be made to the current appointments of members to individual committees (but with Councillor Head sitting as a Liberal Democrat Member).

(j) Report of the Executive – 7 February 2007 (Agenda Item 11 (j) )

Councillor R A Lanzer presented the report which included two recommendations. These related to Minute No. 125 (Budget and Council Tax for 2007/8, with a further recommendation, which did not form part of the Executive’s minutes, on the Notice of Precept from West Sussex County Council and the Police Authority)

Moved by Councillor R A Lanzer, seconded and

RESOLVED

That the report of the Executive of 7 February 2007 be received.

Budget and Council Tax for 2007/8

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(Recommendation 3)

The Executive had considered the report of the Director of Resources, DIR/r/32, which outlined the proposed Budget and Council Tax for 2007/8. The report took into account the Council’s Budget Strategy that had been approved by the Executive on 4 October 2006 (minute 65), the Local Government Finance Settlement and the work of the Budget Advisory Group.

The report stated that despite the continuing pressures of inflation, unavoidable extra spending on statutory services and the effect of the annual reduction in the contribution from the Housing Revenue Account, it had been possible to increase the resources allocated for the street scene and community wardens by £197,000 and other growth of £32,400 whilst at the same time identifying savings in excess of £1million. Reference had also been made to other items of growth approved during the current year including provision of £100,000 to cover the cost of the Council joining the County Card concessionary travel scheme

The report proposed an increase in Council Tax of 2% which would produce an additional £111,200 in income, and a reduction in the use of balances to under £800,000.

The Budget and Council Tax had also been considered at the meeting of the Overview and Scrutiny Commission held on 5 February 2007, and the Executive had discussed the views of the Commission in detail at its 7 February meeting

The Council placed on record its thanks and appreciation to staff in the Finance Division, who had worked under particularly difficult circumstances this year in progressing and finalising the 2007/08 Council Tax and Budget.

Moved by Councillor Lanzer and seconded:-

(1) That the spending plans set out in the report of the Director of Resources, DIR/r/32, be approved.

(2) That the savings and growth proposals identified in paragraphs 6.4 and 6.5 of the report be approved, except that the proposed saving of £17,500 to be achieved by reducing the number of editions of Crawley Live be deleted and the Chief Executive be asked to find an equivalent saving from other budgets to be reported in financial monitoring for the first quarter of the next financial year.

(3) That the variations from the standard 5% increase in fees and charges be approved.

(4) That the Council’s share of Council Tax be increased by 2% to £178.83 for a band D property; and

(5) That the prudential indicators as set out in Appendix 7 to the report be approved.

Amendment

An Amendment was then moved by Councillor B A Smith.

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Explanatory Note for Amendment

The recommendation proposes a 3.5% increase in the council tax for services provided by Crawley Borough Council. It is proposed that the budget recommendations be amended to provide for the Council’s share of the council tax to increase by the annual change in retail prices index. This index shows an annual increase of 3.5% as at January 2007 and it is proposed that the council tax increase be pegged at this level.

It is further proposed to delete the saving of £15,000 cleaning contract. A reduction in consultants’ fees of a net 5% is also proposed, reducing by 15% across each service area and then allocating 10% as a contingency.

The financial implication of this proposal is to increase the income from council tax by £94,020 and make net savings of £9,340. This reduces the contribution from reserves by £103,360.

The Amendment

(a) That recommendation 3 (4) be amended to read ‘the Council’s share of council tax be increased by 3.5% to £181.53 for a band D property’

(b) As a consequence, that the General Fund budget within recommendation 3 (1) be amended by:-

- reducing the use of General Fund reserves by £103,360. - increasing the income from council tax by £94,020.

At this point, and following a request from Councillor Lanzer, the meeting was adjourned for 15 minutes to allow Members of the Conservative Group to consider the amendment further.

The meeting was then reconvened, Councillor Lloyd seconded the Amendment, and a full and detailed debate then followed which considered all the issues raised.

The Amendment, upon being put to the Council, was declared to be LOST.

The original motion was then put to the meeting, seconded and declared to be CARRIED and it was

RESOLVED

(1) That the spending plans set out in the report of the Director of Resources, DIR/r/32, be approved.

(2) That the savings and growth proposals identified in paragraphs 6.4 and 6.5 of the report be approved, except that the proposed saving of £17,500 to be achieved by reducing the number of editions of Crawley Live be deleted and the Chief Executive be asked to find an equivalent saving from other budgets to be reported in financial monitoring for the first quarter of the next financial year.

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(3) That the variations from the standard 5% increase in fees and charges be approved.

(4) That the Council’s share of Council Tax be increased by 2% to £178.83 for a band D property; and

(5) That the prudential indicators as set out in Appendix 7 to the report be approved.

Budget and Council Tax for 2007/8

(Recommendation 4)

Councillor Lanzer also referred to the receipt of the Notice of Precept from the Police Authority and West Sussex County Council.

Following approval of the Council’s budget in Recommendation 3, it was moved by Councillor R A Lanzer, seconded and

RESOLVED

(1) That it be noted that that the Chair of the Executive under delegated powers calculated the amount of 34,822 as its Council Tax base for the year 2007/2008 in accordance with Regulation 3 of the Local Authorities (Calculation of Council Tax Base) Regulations 1992, as amended, made under Section 33(5) of the Local Government Finance Act 1992.

(2) That the following be now calculated by the Council for the year 2007/2008 in accordance with Sections 32 to 36 of the Local Government and Finance Act 1992 :-

(a) £96,863,620 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(2) (a) to (c) of the Act.

(b) £80,528,660 being the aggregate of the amounts which the Council estimates for the items set out in Section 32(3) (a) to (c) of the Act.

(c) £16,334,960 being the amount by which the aggregate at (2) (a) above exceeds the aggregate at (2) (b) above, calculated by the Council, in accordance with Section 32(4) of the Act, as its budget requirement for the year.

(d) £10,107,742 being the aggregate of the sums which the Council estimates will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant, collection fund (Council Tax) surplus and collection fund (Community Charge) surplus.

(e) £178.83 being the amount at (2) (c) above less the amount at (2) (d) abov e, all divided by the

17 Council Meeting 21 February 2007

amount at (1) above, calculated by the Council, in accordance with Section 33(1) of the Act, as the basic amount of its Council Tax for the year

(f) Valuation Bands

A B C D E F G H £ £ £ £ £ £ £ £ 119.22 139.09 158.96 178.83 218.57 258.31 298.05 357.66

being the amounts given by multiplying the amount at (2) (e) above by the number which, in the proportion set out in Section 5(1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation band D, calculated by the Council, in accordance with Section 36(1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands.

(3) That it be noted that for the year 2007/2008, West Sussex County Council and the Sussex Police Authority have stated the following amounts in precepts issued to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, for each of the categories of the dwellings shown below:-

Valuation Band

A B C D E F G H

£ £ £ £ £ £ £ £

West Sussex County Council

700.56 817.32 934.08 1050.84 1284.36 1517.88 1751.40 2101.68

Sussex Police Authority

81.78 95.41 109.04 122.67 149.93 177.19 204.45 245.34

(4) That, having calculated the aggregate in each case of the amounts at (2)(f) and (3) above, the Council, in accordance with Section 30(2) of the Local Government Finance Act 1992, hereby sets the following amounts of Council Tax for the year 2007/2008 for each of the categories of dwellings shown below:-

Valuation Bands

A B C D E F G H

£ £ £ £ £ £ £ £

901.56 1051.82 1202.08 1352.34 1652.86 1953.38 2253.90 2704.68

18 Council Meeting 21 February 2007

(k) Report of the Appointments and Investigating Committee – 8 February 2007 (Agenda Item 11 (k) )

Moved by Councillor B J Burgess, seconded and

RESOLVED

That the report of the Appointments and Investigating Committee of 8 February 2007 be received.

93. Closure of Meeting

The meeting ended at 11.15 p.m.

S A Blake Mayor

19 Council Meeting 21 February 2007

APPENDIX A

Disclosures of Interest received from Members.

Member Agenda Name and Page Subject or Prejudicial or Item date of No. Planning Non Prejudicial and No. Executive/ Application No. Nature of Interest Committee and Minute No. Councillor 11(a) Development p.38 CR/2006/0611/FUL Personal and Non- C L Denman Control The Gatwick, Prejudicial interest in 11 December George Hotel, High the item as she was a 2006 Street, West Green, member of the Central Minute 60 Crawley Crawley Conservation Area Advisory Committee who had been consulted on this item, although she had not taken part in the discussion.

Councillor 11(a) Development p.39 CR/2006/0647/FUL Personal and Non- C L Denman Control Land at junction of Prejudicial interest in 11 December Pegler Way and the item as she was a 2006 Ifield Road, West member of the Central Minute 60 Green, Crawley Crawley Conservation Area Advisory Committee who had been consulted on this item, although she had not taken part in the discussion.

Councillor 11(a) Development p.39 CR/2006/0652/CON Personal and Non- C L Denman Control Crawley Library Prejudicial interest in 11 December Site, Telford Place, the item as she was a 2006 Three Bridges, member of the Library Minute 60 Crawley Task Force.

Councillor 11(a) Development p.40 CR/2006/0672/COU Personal and Non- C L Denman Control 31-33 High Street, Prejudicial interest in 11 December Northgate, Crawley the item as she was a 2006 member of the Central Minute 60 Crawley Conservation Area Advisory Committee who had been consulted on this item, although she had not taken part in the discussion.

20 Council Meeting 21 February 2007

Councillor 11(a) Development p.39 CR/2006/0652/CON Personal and Non- B MeCrow Control Crawley Library Prejudicial interest in 11 December Site, Telford Place, the item as she had 2006 Three Bridges, attended a meeting of Minute 60 Crawley the Library Task Force.

Councillor 11(a) Development p.39 CR/2006/0652/CON Personal and Non- J Mortimer Control Crawley Library Prejudicial interest in 11 December Site, Telford Place, the item as he was a 2006 Three Bridges, member of the Library Minute 60 Crawley Task Force.

Councillor 11(a) Development p.37 CR/2006/0494/FUL Personal and Non- A J E Quirk Control Crawley Mosque, Prejudicial interest in 11 December Broadwood Rise, the item as the Agent 2006 Broadfield, Crawley was known to him. Minute 60

Councillor 11(a) Development p.37 CR/2006/0573/TPO Personal and Non- A J E Quirk Control Land adjacent to Prejudicial interest in 11 December Crawley Mosque, the item as the Agent 2006 Broadwood Rise, was known to him. Minute 60 Broadfield, Crawley

Councillor 11(a) Development p.38 CR/2006/0586/FUL Personal and Non- A J E Quirk Control 13 Wainwrights, Prejudicial interest in 11 December Southgate, Crawley the item as the Agent 2006 was known to him. Minute 60

Councillor 11(a) Development p.39 CR/2006/0652/CON Personal and Non- J G Smith Control Crawley Library Prejudicial interest in 11 December Site, Telford Place, the item as he was a 2006 Three Bridges, member of the Library Minute 60 Crawley Task Force.

Councillor 11(b) Development p.43 CR/2006/0603/COU Personal and Non- C L Denman Control 5 Grand Parade prejudicial interest in 2 January West Green the item as she was a 2007 Crawley member of the Central Minute 65 Crawley Conservation Area Advisory Committee

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non B J Burgess Scrutiny 49 – Retention Options Prejudicial – member Commission of Stock Options 8 January Advisory Board 2007 Minute 91

21 Council Meeting 21 February 2007

Councillor R D 11 (c) Overview & 49 Central Bewbush Personal and Burrett Scrutiny and Central Langley Prejudicial – Chair of Commission – Green Governors, Bewbush 8 January Supplementary Community Primary 2007 – Minute Planning School No. 92 Documents

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non S J Joyce Scrutiny 49 – Retention Options Prejudicial – member Commission of Stock Options 8 January Advisory Board 2007 Minute 91

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non R A Lanzer Scrutiny 49 – Retention Options Prejudicial – member Commission of Stock Options 8 January Advisory Board 2007 Minute 91

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non B MeCrow Scrutiny 49 – Retention Options Prejudicial – member Commission of Shadow Board 8 January 2007 Minute 91

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non C J Redmayne Scrutiny 49 – Retention Options Prejudicial – Rents a Commission garage from Crawley 8 January Borough Council 2007 Minute 91

Councillor 11(c) Overview and p.48- Stock Options Ballot Personal and Non G K Seekings Scrutiny 49 – Retention Options Prejudicial – member Commission of Stock Options 8 January Advisory Board 2007 Minute 91

Councillor 11 (c) Overview and p.49- Central Bewbush Personal and Non D J Shreeves Scrutiny 50 and Central Langley Prejudicial – Council Commission Green representative on Lark 8 January Supplementary Rise Youth Centre 2007 Planning Minute 92 Documents

Councillor 11(d) Executive p.60- Central Bewbush Personal and R D Burrett 10 January 61 and Central Langley Prejudicial – Chair of 2007 Green Governors at Bewbush Minute 110 Supplementary Community Primary Planning School Documents

22 Council Meeting 21 February 2007

Councillor B J 11(d) Executive p.68- K2 Leisure Centre – Personal and Burgess 10 January 69 Annual Report Prejudicial – Had been 2007 approached by a Minute 119 friend in relation to problems regarding the K2 Leisure Centre.

Councillor 11 (d) Executive p.60- Central Bewbush Personal and Non D J Shreeves 10 January 61 and Central Langley Prejudicial – Council 2007 Green representative on Lark Minute 110 Supplementary Rise Youth Centre Planning Documents

Councillor 11(f) Development p.76 CR/2006/0602/FUL Personal and Non- H S Bloom Control Land at Coachmans Prejudicial Interest in 22 January Drive / Lansbury the item as he was a 2007 Road, Broadfield, partner of the joint Minute 70 Crawley Gossops Green / Broadfield surgeries 20 years ago. The surgeries are no longer joined. In addition, the Doctors at Broadfield Surgery Limited were known to him.

Councillor 11(f) Development p.79 CR/2006/0762/CON Personal and Non- I T Irvine Control Land south of Prejudicial Interest in 22 January Cheals the item as he had 2007 Roundabout, lobbied the Council to Minute 70 Broadfield, Crawley conduct an ecological survey of the site in the past.

Councillor 11(f) Development p.76 CR/2006/0602/FUL Personal and Non- A J E Quirk Control Land at Coachmans Prejudicial Interest in 22 January Drive / Lansbury the item as he had 2007 Road, Broadfield, used the doctor’s Minute 70 Crawley surgery.

Councillor 11(f) Development p.77 CR/2006/0695/OUT Personal and Non- A J E Quirk Control Fairfield House, Prejudicial Interest in 22 January West Green Drive, the item as his wife 2007 West Green, worked at Crawley Minute 70 Crawley Hospital.

Councillor 11(f) Development p.77 CR/2006/0695/OUT Personal and Non- L A Seekings Control Fairfield House, Prejudicial Interest in 22 January West Green Drive, the item as she 2007 West Green, worked for the Surrey Minute 70 Crawley and Sussex NHS Trust but was not involved in any issue related to the planning app lication.

23 Council Meeting 21 February 2007

24 Development Control Committee 12 February 2007

Crawley Borough Council

Minutes of Development Control Committee 12 February 2007 at 7.30pm Present : Councillor I T Irvine (Chair)

Councillor K Brockwell (Vice –Chair)

Councillors H S Bloom, B M Brockwell, L A M Burke, A C W Crane, C L Denman, D English, B MeCrow, J Mortimer, D W Murdoch, A J Quirk, L A Seekings and J G Smith

Also in Attendance:

Councillor

Officers Present:

Paul Fairham Development Control Manager Gillian Ackland-Vincent Principal Lawyer Kay M olloy Democratic Services Officer

Apologies for Absence:

Councillor S A Blake

72. Minutes

The minutes of the meeting of the Committee held on 22 January 2007 were approved as a correct record and signed by the Chair subject to the following amendment –CR/2006/0717/FUL delete the words “affordable housing” under Section 106 so that it reads as follows: “… under Section 106 of the Town and Country Planning Act 1990 relating to the provision of a financial contribution towards transport infrastructure…”

73. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillor A C W Crane had been lobbied regarding application CR/2006/0216/FUL.

Councillor C Denman had been lobbied regarding application CR/2006/0161/FUL.

25 Development Control Committee 12 February 2007

74. Members’ Disclosure of Interests

No disclosures of interests were made.

75. Planning Applications List

The Committee considered report PS/281 of the Head of Planning Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PS/281 of the Head of Planning Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2006/0161FUL Demolition of existing hotel and erection of 6 houses and 8 apartments with associated parking and communal facilities at the Barnwood Hotel, Balcombe Road, Pound Hill, Crawley.

Councillors H S Bloom, B M Brockwell, K Brockwell, L A M Burke, C L Denman, and J Mortimer had attended the site independently.

Refused for the following reasons: 1. The proposal would be detrimental to the character and appearance of the area because of the layout, orientation, bulk and height of the buildings would be unsympathetic to the character of both Blackwater Lane and Balcombe Road causing harm to the Area of Special Environmental Quality and therefore conflicts with policy DEV1 of the West Sussex Structure Plan 2001-2016 and policies GD1, GD2, BN10, H5, H11 and H22 of the Crawley Borough Local Plan 2000.

2. The proposed buildings would be sited close to existing protected trees and would result in pressure for future works to the trees, which would have an adverse impact on their health and the amenity of the trees, contrary to policies GD2, BN20 and BN21 of the Crawley Borough Local Plan 2000 and SPG 6.

3. Adequate provision is not made on site for the parking of vehicles in a satisfactory manner to the standard required by the Local Planning Authority. The proposal therefore, conflicts with Policy GD3 and T9 of the Crawley Borough Local Plan 2000.

4. The proposal would be likely to attract standing vehicles which would interrupt the free flow of traffic on the public highway and thereby add to the hazards of road users at this point and thereby conflict with Policies GD3 and T2 of the Crawley Borough Local Plan 2000.

26 Development Control Committee 12 February 2007

5. The proposal would by virtue of its siting, layout and massing, result in a significant loss of privacy and outlook to the occupiers of neighbouring dwellings and would therefore be contrary to policies GD1 and H20 of the Crawley Borough Local Plan 2000.

6. An agreement is not in place to secure an appropriate level of, open space provision and other infrastructure provision to support the development contrary to policies GD3, GD4, RL19, GD35 and GD36 of the Crawley Borough Local Plan 2000.

* CR/2006/0216/FUL Erection of 1 x two storey 2 bed house (amended plans received) on land rear of Fairview Cottage fronting Winter Gardens.

Councillors A C W Crane and B MeCrow had attended the site visit.

Councillors B M Brockwell, K Brockwell, C L Denman, and J Mortimer had attended the site independently

Two objectors (Mr John Connolly and Mrs Audrey Moss) addressed the meeting.

Approval subject to standard detailed conditions concerning permission time limit, materials / finishes, extension / alteration, foundations, land levels / finished floor levels and parking / turning of vehicles.

CR/2006/0797/ARM Erection of 7144 sq m office building and associated works at City Place, Gatwick Road, Northgate, Crawley

Councillors B M Brockwell and K Brockwell had attended the site independently.

Approval subject to standard detailed conditions concerning landscaping, planting, turning, loading / unloading and parking of vehicles, bird Hazard Management Plan and surface water drainage.

CR/2006/0806/RG3 Erection of 5m high ornate CCTV pole with 3 CCTV cameras at Milton Mount Gardens, Milton Mount Avenue, Pound Hill, Crawley.

Councillors H S Bloom, B M Brockwell, K Brockwell, and J Mortimer had attended the site independently.

27 Development Control Committee 12 February 2007

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

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

76. Quarterly Monitoring Report on Section 106 Agreements

The Committee considered report PS/282 of the Head of Planning Services. The report was the first in a series of quarterly reports that contained the latest information on progress in the preparation and implementation of S106 agreements. It covered the period from 1 October to 31 December 2006.

The Committee noted that there would be a forthcoming report outlining a revised policy on the future use of S106 monies and that members would have an opportunity to comment before such report went to the Executive. Members thanked the officers for the report, which they found very useful.

RESOLVED

That the information in the report be noted.

77. Closure of Meeting

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

I IRVINE Chair

28 Standards Committee 15 February 2007

Crawley Borough Council

Minutes of Standards Committee 15 February 2007 at 6.00p.m. Present : Councillors L A M Burke, R D Burrett, C A Cheshire and L A Seekings

Independent Members:- Mr A Earl (Chair), and Mrs K Brooks

Officers Present:

J Green Principal Democratic Services Officer P Rogers Interim Head of Crawley Homes attending the meeting in his normal capacity of Head of Community P Tinsley Head of Democratic Services

Apologies for Absence:

Councillor Dr H S Bloom and Mr A Timms

1. Minutes

The minutes of the meeting of the Committee held on 23 March 2006 were approved as a correct record and signed by the Chair.

2. Members’ Disclosure of Interests

No disclosures of interests were made by Members of the Committee.

3. Corporate Safeguarding and Child Protection Policy – Proposed Criminal Records Bureau Checks for Councillors

The Committee considered joint report CTY/66:DS/69 of the Head of Community and Head of Democratic Services on Proposed Criminal Records Bureau (CRB) Checks for Councillors.

In the light of the duty placed on the Council by the Children Act 2004, the Executive, at its meeting on 10 January 2007, adopted a new Corporate Policy relating to the Safeguarding of Children and approved new child protection guidance for all Council representatives (including employees, Members, volunteers and contractors).

29 Standards Committee 15 February 2007

At that meeting, the question was raised as to whether Criminal Records Bureau checks should be made on all elected members as was the case at some other authorities, on the recommendation of their Standards Committee. Given that the guidance provided under the Local Authority 2004 Act stated that the Council as an accountable body, was responsible and accountable for the actions of its staff, agents and accredited representatives, then it seemed clear that this would include elected members.

The Committee was of the view that, whilst Members might not come into contact with children, young people and vulnerable adults every day in the course of their Council duties, they were nevertheless in a position of trust and were likely to come into contact with these groups of people at some time during the course of their duties.

It was explained that, if the proposals were to be adopted, the results of the disclosure would be forwarded to one of the three authorised signatories for CRB disclosures in the Human Resources Team with a copy to the Member, directly from the CRB. On receipt, the authorised signatory would advise the Monitoring Officer in the strictest confidence of any convictions revealed by the check. If a conviction came to light which was for an offence which might affect compliance with the Corporate Safeguarding and Child Protection Policy, then the Monitoring Officer would discuss the matter with the Member concerned and with their Group Leader. The only other circumstance in which the Monitoring Officer would take any action would be if the check revealed that the Member had been convicted of an offence that would disqualify them under Section 80 of the Local Government Act 1972 from holding office as a councillor.

No formal sanction could be brought against a Member who refused to have a CRB check but it was proposed that, in those circumstances, the Monitoring Officer would report the matter to the Standards Committee and the Committee could ask the Member to explain why they were refusing to give their consent. Checks would be repeated for Members every four years and details would be included in the packages provided for candidates standing for election.

In response a question from Members as to whether the CRB check would cover them for their duties on outside bodies, they were advised that this was a matter for each individual body to decide. However, the Head of Community undertook to seek clarification on this point through the County Safeguarding Group

RESOLVED

RECOMMENDATION 1

That the Council be recommended to agree that, with effect from May 2007, Criminal Records Bureau Checks be made on all elected members

4. Recruitment of Independent Members

The Committee was advised that the term of office of the Committee’s Independent Members would come to an end in May 2007. It was therefore necessary to set in train a process for appointing new members or re-appointing existing members from that date.

30 Standards Committee 15 February 2007

The Relevant Authorities (Standards Committee) Regulations 2001 provided that the appointments must be:- (a) approved by a majority of members of the authority (b) advertised in one or more local newspapers (c) of persons who had submitted an application to the authority (d) of persons who had not within the preceding 5 years been a member or employee of the authority (e) of persons who were not relatives or close friends of any member or employee of the authority.

The Chair of the Standards Committee and the three Party Group Leaders were of the opinion that an additional criterion that should be applied was that the person appointed should not have been a member of a political party for at least the past three years.

In response to the suggestion that the existing three independent members should be strongly encouraged to re-apply, Kim Brooks indicated that she had enjoyed her work on the Committee over the past four years but, due to other commitments, she did not intend to re-apply at the end of her term of office. Arthur Earl and Andrew Timms (in writing) had both indicated that they were intending to re-apply

It was suggested that this would be an opportune time to seek to appoint four independent members if sufficient suitable candidates could be found. At least 25% of the members of the Committee had to be independent Members and a replacement had not been recruited when Jamail Singh had resigned.

It was proposed that a simple candidate specification and application form should be devised by the Monitoring Officer taking into account the criteria set out above and that those applying, if deemed to be suitable, would be interviewed by the Monitoring Officer and the three party group leaders who would make a recommendation to the full Council at its Annual Meeting on 25 May.

RESOLVED

That the arrangements described above be made to recruit up to four Independent Members of the Standards Committee to serve for a four year term of office, from May 2007 to May 2011.

5. Conference Briefing

The Committee considered a report by the Chair on the Fifth Annual Assembly of Standards Committees on the theme of ‘Bridging the Gap – Towards Effective Local Regulation’ where issues such as the revised Code of Conduct and the future of the ethical framework were addressed. The Committee found the report to be of great interest.

RESOLVED

That the report of the Chair be received

31 Standards Committee 15 February 2007

6. Consultation on Proposed Changes to the Code of Conduct

The Committee was advised that the Department of Communities and Local Government had published a consultation paper on proposed revisions to the Code of Conduct. The Consultation included a draft revised Code and a series of questions for authorities to consider.

The Committee also had before it, for information, a briefing note, produced by the Association of Council Secretaries and Solicitors setting out the main differences between the current code and the proposed new code and provided some comment on the proposed changes.

RESOLVED

That the Council’s response to the consultation on the proposed revisions to the Code of Conduct be as set out in Appendix 1 to these minutes.

7. Mrs Kim Brooks

The Committee thanked Kim Brooks for her contribution to the work of the Committee over the past four years and wished her well for the future.

8. Closure of Meeting

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

A EARL Chair

32 APPENDIX 1

Q1. Does the proposed text on the disclosure of confidential information strike an appropriate balance between the need to treat certain information as confidential, but to allow some information to be made public in defined circumstances when to do so would be in the public interest?

A. The Standards Committee considered that the proposed wording was too open in that it appeared to allow a Member to make matters public where there might be other channels by which they could deal with an issue that was causing them concern, e.g. by reporting the matter to the Police. The proposed wording implies that, in some circumstances, it would be acceptable for a member to report a matter to the local press. The Standards Committee suggested that a phrase such as “an appropriate body, authority or person” coupled with the test of reasonableness might be more appropriate.

Q2. Subject to powers being available for us to refer in the code to actions by Members in their private capacity beyond actions which are directly relevant to the office of the Member, is the proposed text which limits the proscription of activities in members’ private capacity to those activities which have already been found to be unlawful by the courts, appropriate?

A. The Standards Committee considered that the proposed wording was unnecessarily verbose and that the words “in his/her official capacity, or in any other circumstance” could be deleted from paragraph 4.1 so that it would read “a member must not conduct himself or herself in any circumstance in a manner which could reasonably be regarded as bringing his or her office into disrepute.” This would make it clear that the proscription would apply in all circumstances.

Q3. Is the Code of Recommended Practice on Local Authority Publicity serving a useful purpose? If the publicity code is abolished, do consultees think some or all of its provisions should be promulgated in a different way, for example via guidance issued by local government representative bodies, or should authorities be left to make their own decisions in this area without any central guidance? Should authorities not currently subject to the publicity code be required to follow it or should the current position with regard to them be maintained?

A. The Standards Committee considered that the Code of Recommended Practice on Local Authority Publicity was serving a useful purpose, particularly for the Council’s officers. It did not think the Code should be abolished. The Committee also thought that the Publicity Code should apply to the Greater London Authority, to the Fire and Rescue authorities and to the National Parks authorities.

Q4. Does the proposed text with regard to gifts and hospitality adequately combine the need for transparency as well as proportionality in making public information with regard to personal interests?

A. The Standards Committee agreed that the proposed text reached this aim.

33 Standards Committee 15 February 2007

Q5. Does the proposed text relating to friends, family and those with close personal association adequately cover the breadth of relationships which ought to be covered, to identify the most likely people who might benefit from decisions made by a member, including family, friends, business associates and personal acquaintances?

A. The Standards Committee considered that the proposed text was appropriate.

Definition of Personal Interests

Whilst the Standards Committee welcomed the relaxation of the requirements, Members also noted that the proposed revision was locality based and it did not address issues where a Member had an interest that was not locality based, such as a disability.

Q6. Would it be appropriate for new exceptions to be included in the text as additions to the list of items which are not to be regarded as prejudicial?

A. The Standards Committee agreed that the proposed three additional exceptions (Indemnities, setting the Council Tax and Honorary Freemen) should be included in the text.

Q7. Is the proposed text relaxing the rules to allow increased representation at meetings, including where members attend to make representations, answer questions or give evidence appropriate?

A. The Standards Committee agreed that the text was appropriate and very much welcomed this proposed change.

Q8. Is there a better more user-friendly way of ensuring the text is gender-neutral, for example, would consultees consider that amending the wording to say “you” instead of he or she or him or her would result in a clearer and more accessible code for members.

A. The Standards Committee considered there was no need to change the current format of he/she. However, Members pointed out that in the consultation document there were inconsistencies in that sometimes the wording was gender- neutral and in other cases it was specifically masculine.

34 Licensing Committee 15 th February 2007

Crawley Borough Council

Minutes of Licensing Committee 15 February 2007 at 7.40pm Present : Councillor B M Brockwell (Chair) Councillor B Clay (Vice-Chair) Councillors B K Blake, S A Blake, A G Brown, R J Hull, B MeCrow, B J Quinn, L A Seekings and D J Shreeves

Officers Present:

Leo Nwoye. Assistant Lawyer for Environment and Housing Directorate Dave Packham Licensing Officer Madeleine Shopland Democratic Services Officer

Apologies for Absence:

Councillors B J Burgess, D C Crow, C C Lloyd, J L Millar-Smith and C J Redmayne

11. Minutes

The minutes of the meeting of the Committee held on 7th November 2006 were approved as a correct record and signed by the Chair.

12. Members’ Disclosure of Interests

There were no disclosures of interest.

13. Private Hire and Hackney Carriage Fares 2007/08

The Committee considered report ES/181 of the Head of Environmental Services on Private Hire and Hackney Carriage Fares 2007/08.

The purpose of the report was to secure the Committee’s agreement to the proposed revision of fees for hackney carriage and private hire driver, vehicle and operator licences.

The report detailed the statutory requirements relating to fees as set out in the Local Government (Miscellaneous Provisions) Act 1976. The proposed fees for hackney carriage and private hire drivers’ licences and the fees charged for licences in 2006/07 were included as Appendix 1. Appendix 2 to the report detailed the proposed fees for hackney carriage and private hire vehicle licences and private hire operators’ licences and what was currently charged for these licences.

35 Licensing Committee 15 th February 2007

It was noted that the private hire and hackney carriage drivers’ licence fees were not required to go through the statutory consultation procedure, whilst, subject to the agreement of proposals by the Committee, the hackney carriage and private hire fees for vehicle and operators’ licences would form the basis of the prescribed consultation process.

The level of fees recommended had been set on the basis of recovering the estimated cost of the service, as per legal requirements. The report indicated areas of ongoing costs.

The report also set out the consultation process and the financial implications of the proposed fee increase.

Concerns were expressed with regards to the proposed fee increase. Some Members felt that drivers might be unhappy with an increase in light of the continued problem of a number of drivers licensed outside the borough operating in the area. It was noted that this was an ongoing issue. The Assistant Lawyer for the Environment and Housing Directorate emphasised that it was an enforcement issue. If these drivers were reported, the Council’s legal team were able to pursue prosecution where necessary. The Licensing Officer reminded the Committee of the successful prosecution in November 2006 of a driver licensed by another authority who had been caught plying for hire in the Crawley area. Some Members commented that they wished to see an increase in the level of enforcement.

A number of Members were of the view that the proposed increase was minimal. The Committee agreed that their primary concern was the safety of residents who used the vehicles.

In response to Members’ queries about the number of drivers licensed by the Council, the Licensing Officer informed the Committee that there were currently 97 hackney carriages licensed.

RESOLVED

(1) That the proposed vehicle and operator fees as set in Appendix 2 to report ES/181 be agreed for purposes of consultation.

(2) To adopt the fees as laid out in Appendices 1 and 2 to report ES/181 from 1st April 2007 if no representations are made within the statutory 28 day consultation period.

14. Closure of Meeting

Members were reminded of the meeting of the Environment and Housing PDF on Wednesday 28 th February at 6pm to discuss the issue of taxi signage, to which members of the Licensing Committee were invited.

With the business of the Committee concluded, the Chair declared the meeting closed at 7.55p.m.

B M BROCKWELL Chair

36 Development Control Committee 26 February 2007

Crawley Borough Council

Minutes of Development Control Committee 26 February 2007 at 7.30pm Present : Councillor I T Irvine (Chair)

Councillor K Brockwell (Vice –Chair)

Councillors S A Blake, H S Bloom, A C W Crane, D English, B MeCrow, J Mortimer, D W Murdoch, A J Quirk, L A Seekings and J G Smith

Also in Attendance:

Councillors S J Joyce and R A Lanzer

Officers Present:

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

Apologies for Absence:

Councillors B M Brockwell and C L Denman

78. Minutes

The minutes of the meeting of the Committee held on 12 February 2007 were approved as a correct record and signed by the Chair.

79. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillors S A Blake, H S Bloom, K Brockwell, A C W Crane, D English, I T Irvine, B MeCrow, J Mortimer, D W Murdoch, A J E Quirk, L A Seekings and J G Smith had been lobbied regarding PS/285: Confirmation of Tree Preservation Order Mount Close No. 6, P.16.8.58.

Councillors S A Blake, H S Bloom, K Brockwell, A C W Crane, D English, I T Irvine, B MeCrow, J Mortimer, D W Murdoch, A J E Quirk, L A Seekings and J G Smith had been lobbied regarding PS/286: Confirmation of Tree Preservation Order Mount Close No. 7, P.16.8.59.

37 Development Control Committee 26 February 2007

Councillors S A Blake, I T Irvine, B MeCrow, A J E Quirk and L A Seekings had been lobbied regarding application CR/2006/0785/FUL.

Councillors S A Blake, H S Bloom, K Brockwell, I T Irvine, A J E Quirk and L A Seekings had been lobbied regarding application CR/2007/0030/FUL.

80. Members’ Disclosure of Interests

No disclosures of interests were made.

81. Planning Applications List

The Committee considered report PS/283 of the Head of Planning Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PS/283 of the Head of Planning Services and in the Register of Planning Applications the decisions be given as indicated:-

* CR/2006/0192/COU Change of use from retail to A4 use as a public house, wine bar or other drinking establishment (additional plans and information received) at 35 High Street, Northgate, Crawley.

NB. A resolution had been made by the Development Control Committee on 26 June 2006, to approve application CR/2006/0192/COU subject to the conclusion of a Section 106 (S106) Agreement to provide a CCTV camera to the satisfaction of Sussex Police. The applicant had failed to enter into the agreement and had made an appeal on the grounds that the application had not been determined. The application was brought back to the Development Control Committee for consideration on the basis that the applicant had not agreed to a S106 agreement to provide a CCTV camera.

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

38 Development Control Committee 26 February 2007

Had the application remained valid for determination, the Committee agreed that it would be refused for the following reason:

1. An agreement is not in place to secure the provision of a CCTV camera to provide the infrastructure to ameliorate crime and disorder which would arise as a direct consequence of the development. The change of use would therefore be contrary to policies GD8, GD35 and GD36 of the Crawley Borough Plan 2000.

* CR/2006/0785/FUL Demolition of existing dwelling and erection of 11 x 2 bed units and 17 car parking spaces at Stowe Cottage, 31 Blackwater Lane, Pound Hill, Crawley.

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

Three Objectors (Mrs Barber, Mr Leslie Oliver and Mr Laurence Barber) and the Agent (Mr Dean Brown) addressed the meeting.

Councillor R A Lanzer (Ward Member for Pound Hill South and Worth) spoke in objection to the application.

Refused for the following reasons:

1. The development of the site as proposed would, on its own, fail to ensure comprehensive development of the site which would otherwise deliver affordable housing. The proposal would be contrary to policies GD4, GD35, GD36 and H8 of the Crawley Borough Local Plan 2000 and would be contrary to Planning Policy Statement 3 – Housing and Supplementary Planning Guidance 10 Affordable Housing.

2. An agreement is not in place to ensure an appropriate level of affordable housing contribution, open space provision and other infrastructure provisions to support the development contrary to policies GD3, GD4, H8, RL19, GD35 and GD36 of the Crawley Borough Local Plan and contrary to policy ICS2 of 10 – Affordable Housing and 16 Parking Standards and Transport Contributions.

3. By virtue of its density, design, bulk and scale the proposed development would not be in keeping with the character and appearance of the street scene and the surrounding area, including the Area of Special Environmental Quality and would therefore be contrary to Policies GD1, GD2, H5 and BN10 of the adopted Local Plan 2000 and PP G1, PPS3and

39 Development Control Committee 26 February 2007

Supplementary Planning Guidance Note 17 “Higher Density Housing”.

40 Development Control Committee 26 February 2007

* CR/2007/0005/FUL Erection of 9 x B1 office units, associated access, car parking and landscaping on Site A, Maidenbower Business Park, Balcombe Road, Maidenbower, Crawley.

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

That the Head of Planning Services in consultation with the Chair be authorised to issue a decision upon receipt of observations from the Environment Agency.

If granted, that approval be subject to standard detailed conditions concerning permission time limit, materials / finishes, landscaping, planting, tree retention,, turning / loading / unloading of vehicles, footway, surface water discharge, road(s) construction, temporary parking of vehicles, wheel- cleaning facilities, stacking and storage, surface water drainage and surface water source control measures.

* CR/2007/0030/FUL Demolition of 46 and 48 Goffs Park Road and erection of 27 apartments at 46-48 Goffs Park Road, Southgate, Crawley.

Councillors S A Blake, H S Bloom, K Brockwell and J Mortimer had visited the site independently.

Three Objectors (Ms Estella Burt, Mr Richard Aldred and Ms Susie George) addressed the meeting.

Councillor S J Joyce (Ward Member for Southgate) spoke in objection to the application.

Refused for the following reasons:

1. The proposed development would result in the loss of a landmark (and locally listed) building and the Local planning Authority is not satisfied that the applicant has provided satisfactory information to justify its loss contrary to policy BN16 of the Crawley Local Plan 2000 and EN5 in the Local Development Framework Submission Core Strategy.

2. The proposed development by virtue of its scale, design, footprint and layout is considered to be detrimental to the character and amenity of the area and represents over development of the site contrary to policies GD1, GD2 and H5 of the Crawley Borough Local Plan 2000 and the advice in Supplementary Planning Guidance Note 17.

3. The proposed development by virtue of its scale, design, massing and limited spaces around the

41 Development Control Committee 26 February 2007 building footprint fails to respect the character of the area and site context. The proposal would be detrimental to the character and appearance of the street scene and the wider area contrary to policies GD1, GD2, H5, BN10 and BN16 of the Crawley Borough Local Plan 2000.

4. The proposed development by virtue of its scale, design, massing and proximity to the boundaries of the site would create an overbearing and un- neighbourly form of development to the detriment of the amenities of occupiers in Oakhurst Nursing Home and Brecon Heights contrary to policies GD1 and H5 of the Crawley Borough Local Plan 2000.

5. The applicant has not provided a satisfactory aboricultural assessment or adequate information to satisfy the Local Authority that the development would protect important trees within the site and along its boundaries and is therefore contrary to policies GD5 and GD6 of the Crawley Borough Local Plan 2000.

6. An agreement is not in place to secure an appropriate level of affordable housing, open space provision and other infrastructure provisions to support the development contrary to policies GD3, GD4, H8, RL19, GD35 and GD36 of the Crawley Borough Local Plan 2000 and Supplementary Planning Guidance Note 10 ‘Affordable Housing’.

7. The access is unsatisfactory to serve the proposed development by reason of its inadequate geometry (width and radii) contrary to policy T2 of the Crawley Borough Local Plan 2000.

8. The proposal would generate an unacceptable increase in traffic entering and leaving the public highway to the detriment of highway safety and contrary to policy T2 of the Crawley Borough Local Plan 2000.

9. Adequate provision is not made on the site for the parking of vehicles in a satisfactory manner to the standard required by the Local Planning Authority contrary to policies GD3, T2, T9 and the advice in Supplementary Planning Guidance Note 16.

10. The Site does not accommodate adequate facilities for service vehicles to turn on site and so enter and leave the highway in forward gear in the interests of road safety and contrary to policies GD2 and T2 of the Crawley Borough Local Plan 2000.

11. The proposal would be likely to attract standing vehicles near a busy junction which would interrupt

42 Development Control Committee 26 February 2007

the free flow of traffic on the public highway and therefore add to the hazards of road users contrary to policy T2 of the Crawley Borough Local Plan 2000.

12. The proposed development would penetrate the Obstacle Limitation Surface (OLS) as detailed in CAA Publication CAP168 Chapter 4 would endanger the safe operation of Gatwick Airport.

CR/2007/0035/AD Erection of 2 externally illuminated fascia signs and 1 internally illuminated projecting sign at ATS Euromaster, 7-9 Reynolds Road, West Green, Crawley.

Councillor J Mortimer had visited the site independently.

Consent subject to standard advertisement conditions, intensity of illumination and period of illumination.

CR/2007/0054/ADV Erection of one internally illuminated fascia sign at 192 Ifield Drive, Ifield, Crawley.

Councillor J Mortimer had visited the site independently.

Consent subject to standards advertisement conditions and type of illumination.

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

82. Confirmation of Tree Preservation Order Mount Close No 6, P.16.8.58

Councillor K Brockwell had visited the site independently.

The Committee considered report PS/285 of the Head of Planning Services. The report stated that an emergency Tree Preservation Order had been made following advice received from a resident of Mount Close that an Oak tree was under threat of being felled. The Order took effect provisionally on 22 September 2007.

The Order related to on Oak tree situated within the front garden of 42 Mount Close, Pound Hill, which was sited within an Area of Special Environmental Quality. The Oak tree was large and due to its size and siting it was clearly visible within the street scene. The tree was substantial and made a significant contribution to the character and appearance of the dwelling and the Area of Special Environmental Quality. The report stated that if the tree were felled, it would have a significant impact on the character and appearance of the site and its surroundings.

The Council’s Arboricultural Officer was consulted and stated that he had inspected the tree and considered it to be in good health and vigour and that it added amenity value to the area. He concluded that the tree was worthy of a Preservation Order.

43 Development Control Committee 26 February 2007

The Council had not received any letters of objection or representations regarding the provisional Tree Preservation Order.

Members were informed that further consultation was needed with regard to the other Tree Preservation Order under discussion at the meeting (PS/286: Mount Close No 7, P.16.8.59) (minute 83). In light of that information, Members requested that Tree Preservation Order Mount Close No 6, P.16.8.58 also be deferred. Members requested that an accompanied site visit be arranged with regard to the Order.

RESOLVED

That provisional Tree Preservation Order P.16.8.58 Mount Close No 6 be deferred for a site visit.

83. Confirmation of Tree Preservation Order Mount Close No 7, P.16.8.59

Councillor K Brockwell had visited the site independently.

The Committee considered report PS/286 of the Head of Planning Services. A tree survey had been carried out by a Planning Officer, the Council’s Arboricultural Officer and an Aboricultural Consultant and a provisional Tree Preservation Order had been made on 25 October 2006.

The Order related to a number of trees within the residential cartilages of properties within Mount Close, Pound Hill. Mount Close was located within an Area of Special Environmental Quality (ASEQ) which had a distinct character and special quality. The Mount Close area was a low-density form of residential development which comprised of large detached dwellings on well-landscaped plots. There were a significant number of substantial trees, of varying species which provided an attractive landscaped setting and thus assisted in defining the character of the (ASEQ).

The trees subject to the Order were mature, healthy specimens, and due to their size and siting were clearly visible within the street scene and contributed to the character and appearance of the residential properties within the Close and to the ASEQ.

The Council’s Arboricultural Officer was consulted and stated that he had inspected the trees and considered them to be in good health and vigour and that they added amenity value to the area. He concluded that the trees were worthy of a Preservation Order.

The Council had received three letters of objection to the provisional Order from different households on various grounds which were outlined in the report. The Council had also received five letters of comment in relation to the Order.

Members were informed that further consultation was needed with regard to the Tree Preservation Order before it could be considered by the Committee. Members requested that an accompanied site visit be arranged with regard to the Order.

RESOLVED

That provisional Tree Preservation Order P.16.8.59 Mount Close, No. 7 be deferred for further consultation and an accompanied site visit.

44 Development Control Committee 26 February 2007

84. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 9.00pm.

I IRVINE Chair

45 Executive 7 March 2007

Crawley Borough Council

Minutes of Executive 7 March 2007 at 7.30pm

Present:

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

Councillor D G Crow (Deputy Leader of the Council)

Councillor R D Burrett (Executive Member for Continuous s Improvement and Deve lopment) A J Quirk (Executive Member for Community Engagement) B J Burgess (Executive Member for Housing)

C L Denman (Executive Member for Planning and Economic Development) B K Blake (Executive Member for Environmental Services) B MeCrow (Executive Member for Leisure & Cultural Services)

Also in Attendance:

Councillors A C W Crane, S J Joyce, D W Murdoch and B A Smith

Officers Present:

Ann-Maria Brown Head of Legal Services Michael Coughlin Chief Executive David Covill Director of Resources Mez Matthews Democratic Services Officer Nigel Parnell Policy Officer Jim Redwood Director of Environment and Housing Mark Robinson Head of Communications John Thraves Director of Community Services

129. Minutes

The minutes of the meeting of the Executive held on 7 February 2007 were approved as a correct record and signed by the Chair.

130. Public Question Time

45 Executive 7 March 2007 There were no public questions.

131. Members’ Disclosure of Interests

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 132 Discretionary Rent Personal and A C W Crane Relief (Suggested Prejudicial – Member (non-Executive Amendment to of the Labour Member) Existing Supporters Group Management Policy)

132. Discretionary Rent Relief (Suggested Amendment to Existing Management Policy) (Community Engagement Portfolio)

The Executive considered the report of the Head of Community Services, CTY/65 which stated that in line with Government guidance the Council’s existing policy was to seek to achieve the best financial consideration in respect of rent charged for utilising Council property. Accordingly, standard assessment was based on the appropriate full or market rent pertaining at the time of lease renewal or rent review. The report also drew attention to the fact that the Council also wished to support a range of voluntary and community organisations in their provision of services, projects and activities designed to benefit local people.

The report proposed an amendment to the existing policy informing asset management, provided scope for Discretionary Rent Relief which would thereby enable qualifying charitable / voluntary organisations who were leasing premises from the Council’s non-operational estate to apply for relief from the standard commercial valuation. Organisations would be able to apply for a discount of between 25% and 100%.

The report outlined the proposed scheme and the appendix to the report listed the Council’s current non-operational properties and their occupiers, which illustrated the nature of the organisations which might be eligible (but not necessarily entitled) for the scheme.

Members were informed that the rent relief would be applied from the premises’ next rent review and all organisations would be required to sign a standard funding agreement, the key points of which were detailed in paragraph 4.9 of the report. Members welcomed the basic eligibility criteria and the assurance that organisations in receipt of discretionary rent relief would be required to submit details on an annual basis to ensure that they continued to be eligible for relief.

Members noted that all lessees were required to inform the Council if there was a change in the organisation occupying premises and that would apply equally to those in receipt of rent relief. Members noted that premises sub-let without the permission of the Council would be in breach of their lease and that action would be taken.

It was drawn to the public’s attention that the Labour Supporters Group included in the appendix was a social organisation and was not under Labour Party ownership.

46 Executive 7 March 2007

RESOLVED

That the introduction of Discretionary Rent Relief (suggested amendment to existing management policy) be approved as set out in section 4 of the report.

Reason for Decision

To assist Voluntary Organisations and to be an enabling Council by providing services.

133. Community Engagement Events 2007/08 (Community Engagement Portfolio)

The Executive considered the joint report of the Corporate Policy Manager and the Executive Member for Community Engagement, CPU/17 which provided an evaluation of the six community conferences that had been held in each of the County Council Divisions during July and September 2006.

In light of the lessons which had been learnt from the community conferences, and the policy implications set by the white paper, the report detailed a number of recommendations which would further develop a programme for Councillor engagement. Examples as to how the recommendations could be achieved were also included in the report and an action plan was attached as an appendix to the report.

Members thanked the Policy Officer for his work in relation to the report and it was noted that the report had taken into account Government Guidelines which had to be adhered to.

It was drawn to Members’ attention that the budget suggested in paragraph 7.3.1 (i) of the report would be used to enable meetings between Councillors and their constituents and would not finance physical neighbourhood improvements. Members were also informed that the budget suggested in paragraph 7.4.2 (vii) of the report was the total cost of the consultation kit and not a cost in addition.

Members of the Executive expressed the view that the Council needed to move away community engagement event such as community conferences and focus on events such as Democracy Day which were extremely successful. Members agreed that new methods of consultation needed to be investigated and that the Council needed to move towards targeted rather than generic consultation.

It was suggested that a series of events to promote the leadership role of the Council, its work and achievements should take place over a one week period in late Autumn as it would be an optimum time to consult the public and would occur a year after the State of the Borough Debate.

RESOLVED

That the recommendations as set out in paragraphs 7.2.1-7.9 be approved, and that the Corporate Policy Unit be asked to develop a project plan to facilitate the implementation of those recommendations.

47 Executive 7 March 2007 Reason for Decision

The recommendations aimed to take forward the member engagement programme in light of the experiences of the community conferences and the implications of the white paper.

134. Local Development Framework: Local Development Scheme (Planning and Economic Development Portfolio)

The Executive considered the report of the Head of Planning Services, PS/0284. The Planning and Compulsory Purchase Act 2004 required local planning authorities to publish a Local Development Scheme (LDS). The LDS would set out the Council’s programme for preparing, over a three year period, the Local Development Documents (LDDs) to form the Local Development Framework, which would include Supplementary Planning Documents (SPDs).

The existing LDS had been submitted to the Secretary of State in June 2006, however, in accordance with Government guidance there was a requirement to review the LDS. The review had provided the Council with an opportunity to evolve its three year programme, set a realistic programme and prioritise LDD formulation in support of the Core Strategy. The Draft LDS had been presented to the Local Development Framework Working Group on 13 February 2007 and was agreed for submission to the Secretary of State.

Members noted that provided the recommendations of the report were agreed by the Executive the Draft LDS would be submitted to the Secretary of State by 31 March 2007. The Local Development Scheme would be brought into effect four weeks after submission to the Secretary of State unless the Secretary of State intervened during that period. The Secretary of State could either approve the LDS or make amendments that she felt appropriate and finally give notice that she needed more time to consider it.

The Executive considered the Local Development Framework Local Development Scheme which was included within the report.

RESOLVED

1. That the Local Development Framework Local Development Scheme 2007 be submitted to the Secretary of State.

2. That post the Secretary of State’s consideration of the submitted Local Development Scheme, the Council adopt the Local Development Scheme, subject to no significant changes and following consultation with the Executive Member for Planning and Economic Development.

Reason for Decisions

48 Executive 7 March 2007 It is essential that the Council has an up to date LDS to accord with Government Guidance, provide a realistic programme for LDD production over the LDS period and prioritises the Council’s Core Strategy policies and spatial objectives. The LDS also provided the Council, stakeholders and the public with a clear understanding of the timing and type of LDD to be produced over the LDS period. Furthermore, the Council having in place an up to date LDS currently equated to an award of Planning Delivery Grant.

135. Approval of Transfer of Capital Flood Alleviation Funding (Environmental Services Portfolio)

The Executive considered the joint report of the Director of Community Services and the Head of Property Services and Procurement, PSP/70 which highlighted the works undertaken by the Council and the Environment Agency (EA) towards the mitigation of flooding within the Borough.

The report detailed information regarding a long-term flooding strategy for Upper Mole Catchment and suggested a transfer of an element of the Council’s previously allocated capital funding to facilitate EA works. The report set out the specific benefits Crawley residents and businesses would receive as a result of the transfer of funds.

The Executive agreed that the transfer of funding would represent good value for money for the Council and would allow for investment and improvement. Members agreed that it was a matter of urgency to ensure that measures were taken to ensure that there was not a repeat of the flooding which had occurred within Crawley in 2000.

RESOLVED

That the transfer of £100,000 capital funding (previously allocated for statutory dam improvements at Tilgate Lake) to the Environment Agency be approved.

Reasons for Decision

1. The priority threshold score required to ensure these works were undertaken has risen. DEFRA were unlikely to fund the works without external contributions. Both CBC and BAA had been approached as major stakeholders who would benefit from the implementation of those proposals. If support from the local community was not forthcoming the scheme was likely to stall.

2. It was recommended that the Executive consider the approval to transfer £100,000 of its capital funding to the Environment Agency (EA). This funding was previously allocated towards statutory dam improvements at Tilgate Lake, provided that the EA measures were implemented, this work would no longer be required.

3. Transfer of this element of our capital funding would assist progression of the EA proposed £9.3m Upper Mole Flood Alleviation programme. This programme included an estimated £1.5m of improvements at Tilgate Lake and £630k improvements at Grattons Park. The investment of over £7m in other defence structures surrounding Crawley would have long-term benefits to our community and those downstream.

4. The EA needed confirmation of approval (in principle) by 12 March 2007 in order to secure funding from DEFRA and the schemes progression to the next stage.

49 Executive 7 March 2007

(The Chief Executive had decided to protect the decision from call in under Scrutiny Procedure Rule 13 (j) of the Council’s constitution, because the Environment Agency required confirmation of the approval of the transfer of the capital funding to facilitate flood alleviation measures by 13 March, to enable the progression of this scheme.) 136. 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 items.

137. Irrecoverable Debts 2006/07 (Chair Portfolio) (Exempt - Paragraph 3 – financial and business affairs)

The Executive considered the report of the Interim Head of Finance, FIN/105 which sought to obtain approval to write-off debts which were considered to be irrecoverable and which exceeded the delegated limit of £10,000 per write-off. The report also set out a summary of debts which were to be written-off under delegated powers.

RESOLVED

That the Business Rates, Sundry Debts and Overpaid Housing Benefit debts be written-off as set out in the report.

Reason for Decision

The Council’s Constitution necessitated amounts exceeding £10,000 requiring write- off to be approved by the Executive.

138. Treasury Management Strategy for 2007/08 (Chair Portfolio) (Exempt - Paragraph 3 – financial and business affairs)

The Executive considered the report of the Interim Head of Finance, FIN/106 which sought approval of the Treasury Management Strategy and the detailed budget for the financial year 2007/08. The Treasury Management Strategy covered the operation of the treasury function and its likely activities for the forthcoming year.

RESOLVED

RECOMMENDATION 2

That the Council be RECOMMENDED to approve:

1. the Treasury Management Strategy for 2007/08 as set out in Appendix B

2. the Treasury Management Budget for 2007/08 as set out in Section 5

50 Executive 7 March 2007 3. the changes to the Investment / Names Limits as set out in Appendix B, section 2.3

4. the prudential indicators as set out in Appendix D

Reason for Decisions

The Council’s financial regulations, in accordance with the Chartered Institute of Public Finance and Accountancy’s Code of Practice for Treasury Management, required a Treasury Management Strategy to be approved for the forthcoming financial year. This report complied with these requirements as well as providing an update on the Treasury Management performance for 2006/07 in accordance with the Council’s Treasury Management Policy.

139. Review of Environment and Housing Finance and IT Service (Chair Portfolio) (Exempt - Paragraph 1 – information relating to an individual)

The Executive considered the joint report of the Director of Resources and the Director of Environment and Housing, DIR/33 which informed Members that the Directors of Resources and Environment and Housing had undertaken a review of the Environment and Housing Finance and ICT Services, and recommended that most of the services currently provided by the team be transferred to the Resources Directorate.

Members were assured that staff would be consulted on any service review which affected their area of work.

RESOLVED

That the changes set out in the report be approved, to transfer the Finance and IT services currently provided within the Environment and Housing Directorate to the Resources Directorate and to transfer the Right to Buy element of the service to Crawley Homes.

Reason for Decision

The Directors of Resources and Environment and Housing recommend these changes in order to improve the financial control and planning, ensure an integrated approach to the delivery of ICT services for key IT systems and improve efficiency.

140. Affordable Housing Capital Programme (Housing Portfolio) (Exempt - Paragraph 3 – financial and business affairs)

The Executive considered the report of the Head of Housing Strategic Services, HSS/48 which informed the Executive of the reconciled Housing Capital Budget against previous approvals detailed in paragraphs 1.3.1 to 1.3.3 of the report.

The delivery of an affordable housing programme to address housing needs was a key priority of the Council and impacted directly on the social and economic well-being of the town. Funding for the programme 51 Executive 7 March 2007 was derived from a number of sources with the Council’s own contribution through land or capital funding serving to pump-prime developments and lever in the external funding required through Government grant and contributions from developers and Registered Social Landlords (RSLs) required to deliver a mix of tenure types.

RESOLVED

1. The Executive noted paragraphs 2.1.1 to 2.1.3 of the report.

2. That the revised Housing Capital Budget be approved, with particular reference to the changes identified in paragraph 2.2.1 (a-d) of the report.

Reason for Decisions

1. The housing capital programme provided a vehicle to address affordable housing need and apart from the momentum achieved through conventional housing schemes, the budget needed to be responsive to windfall opportunities, particularly opportunities that offer such significant gains as the schemes presented within the report.

2. The ring-fenced funds approved for affordable housing during this transitional period needed to be fully utilised for this purpose, and provide a means for the Council to evidence commitment to affordable housing delivery, which would serve to attract further grant finance in the future.

141. Review of Performance Management Functions (Continuous Improvement and Development Portfolio) (Exempt - Paragraph 1 – information relating to an individual)

The Executive considered the report of the Chief Executive, CEx/18 which detailed the outcomes of the review of Performance Management functions and set out the restructure proposals for the Organisational Development and Improvement Division (ODI).

The report both detailed the concerns which had been expressed by the Audit Commission and the successes which had been achieved within the Division.

RESOLVED

1. That the restructure of the ODI Division and the resultant implications outlined in Sections 4 and 6 be agreed.

2. That the redundancy of the post identified in the report and the associated costs be approved.

Reason for Decision

The review of Performance Management had been extensive and the key recommendations had been acted upon. That would enable savings to be identified and, moving forward, a more robust framework for the management and monitoring of performance management.

52 Executive 7 March 2007

142. Closure of Meeting

With the business of the Executive concluded, the Chair declared the meeting closed at 9.10pm.

R A LANZER Chair

53 Development Control Committee 12 March 2007

Crawley Borough Council Minutes of Development Control Committee 12 March 2007 at 7.30pm Present : Councillor I T Irvine (Chair)

Councillors S A Blake, H S Bloom, L A M Burke, A C W Crane, D English, J Mortimer, D W Murdoch, A J E Quirk, L A Seekings and J G Smith

Officers Present:

Ted Beresford-Knox Head of Planning Services Jean McPherson Principal Planning Officer Gillian Ackland-Vincent Principal Lawyer Kay Molloy Democratic Services Officer

Apologies for Absence:

Councillors B M Brockwell, K Brockwell, C L Denman and B MeCrow

85. Minutes

The minutes of the meeting of the Committee held on 26 February 2007 were approved as a correct record and signed by the Chair.

86. Lobbying Declarations

The following lobbying declarations were made by Members:-

Councillors S A Blake, H S Bloom, A C W Crane, D English, I T Irvine, J Mortimer, D W Murdoch, A J E Quirk, L A Seekings and J G Smith had been lobbied regarding PS/285: Confirmation of Tree Preservation Order Mount Close No. 6, P.16.8.58.

Councillor A J E Quirk had been lobbied regarding application CR/2007/0065/FUL.

87. Members’ Disclosure of Interests

No disclosures of interests were made.

88. Planning Applications List

54 Development Control Committee 12 March 2007

The Committee considered report PS/288 of the Head of Planning Services

RESOLVED

That in respect of the applications specified below, details of which are more particularly set out in report PS/288 of the Head of Planning Services and in the Register of Planning Applications the decisions be given as indicated:-

CR/2007/0039/RG3 Erection of 3 CCTV poles with cameras and 2 CCTV cameras mounted on main building at Creasys Drive Adventure Playground, Creasys Drive, Broadfield, Crawley

Councillors D English, J Mortimer, and A J E Quirk had attended the site independently.

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

* CR/2007/0065/FUL Erection of detached study at 1 Tiree Path, Broadfield, Crawley

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

Councillors J Mortimer and A J E Quirk had attended the site independently.

Approval subject to standard detailed conditions concerning permission time limit, use, materials / finishes and parking spaces. Members expressed concern with regard to parking and were informed that condition 4 would be reworded to read as follows: “4. The development shall not be occupied until details have been submitted to and agreed in writing by the Local Planning Authority showing the provision of 2 parking spaces within the curtilage of the property and these spaces are provided in accordance with these details. These 2 spaces shall be provided and maintained within the curtilage of the property and thereafter be used only for the parking of cars.”

CR/2007/0066/ADV Erection of 2 internally illuminated fascia signs at 1-2 Tilgate Parade, Tilgate, Crawley.

Councillors L A M Burke, J Mortimer and A J E Quirk had attended the site independently.

Consent subject to standard advertisement conditions.

55 Development Control Committee 12 March 2007

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

89. Confirmation of Tree Preservation Order Mount Close No 6, P.16.8.58 Councillors S A Blake, A C W Crane and J G Smith had attended the site visit.

Councillors D English and J Mortimer had attended the site independently.

The Committee considered report PS/285 of the Head of Planning Services. The report stated that an emergency Tree Preservation Order had been made following advice received from a resident of Mount Close that an Oak tree was under threat of being felled. The Order took effect provisionally on 22 September 2007.

The Order related to on Oak tree situated within the front garden of 42 Mount Close, Pound Hill, which was sited within an Area of Special Environmental Quality. The Oak tree was large and due to its size and siting it was clearly visible within the street scene. The tree was substantial and made a significant contribution to the character and appearance of the dwelling and the Area of Special Environmental Quality. The report stated that if the tree were felled, it would have a significant impact on the character and appearance of the site and its surroundings.

The Council’s Arboricultural Officer was consulted and stated that he had inspected the tree and considered it to be in good health and vigour and that it added amenity value to the area. He concluded that the tree was worthy of a Preservation Order.

The Council had not received any letters of objection or representations regarding the provisional Tree Preservation Order.

RESOLVED

That provisional Tree Preservation Order P16.8.58 Mount Close No.6 be confirmed

90. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 7.50 pm.

I IRVINE Chair

56 General Purposes Committee 19 March 2007

Crawley Borough Council

Minutes of General Purposes Committee 19 March 2007 at 7.30pm Present : Councillor R D Burrett (Chair)

Councillor D English (Vice –Chair)

Councillors C A Cheshire, M T Head, J Mortimer, J G Smith and L A Walker

Officers Present:

P Tinsley Head of Democratic Services G Hydes Democratic Services Officer

Apologies for Absence:

Councillors B K Blake, D G Crow, R A Lanzer; and D J Shreeves

24. Minutes

The minutes of the meeting of the Committee held on 29 January 2007 were approved as a correct record and signed by the Chair.

25. Members’ Disclosure of Interests

None.

26. Members’ Allowances Scheme – Report of the Independent Review Panel

The Committee considered report DS/70 of the Head of Democratic Services on the final report of the Members’ Allowances Independent Review Panel. A copy of the Panel’s report had been circulated to all Members of the Council.

The Committee considered the report of the Panel which recommended increases in Members’ Allowances in line with inflation (including the basic allowance, the special responsibility allowance, dependent care allowance and the overnight rate). The report also proposed a special responsibility allowance for the Chair of the Audit and Governance Sub-Committee. The Members’ Allowances Scheme set out in Appendix 1 to the report would give effect to the recommendations contained in the report of the Independent Review Panel. The scheme had been amended to make it clear that a special responsibility allowance was 57 General Purposes Committee 19 March 2007 payable to a co-opted Member, where applicable (e.g. where an Independent member chaired the Standards Committee) and the Committee recommended that that provision be applied retrospectively to enable a special responsibility allowance to be paid to the Chair of the Standards Committee for 2006/7. Details of the research carried out by the Panel were set out in its report.

The allowances being recommended by the Panel were as follows:-

Office Holder Special Responsibility Allowance £ Basic Allowance (all councillors) 5704 Leader of the Council 13693 Executive Portfolio Holders 6844 Overview & Scrutiny Commission Chair 6126 Vice Chair of Scrutiny Commission 1118

Payments to Lead Member on a Review (note 1087 Members would be entitled to only one per completed review:- £1,087 allowance per year even if they chose to undertake a second review) Chair of Development Control Committee 5703 Chair of Licensing Committee 5703 Vice-Chair of Licensing 2282 Vice-Chair of Development Control Committee 2282 Chair of Standards Committee 2282 Chair of General Purposes Committee 2282 Chair of Audit and Governance Sub-Committee 2282 Chair of Budget Advisory Group (payable 2282 provided the postholder is not an Executive Member) Leader(s) of minority group(s) (differential rates depending on the number of Members in that Group); • Basic allowance 2110 • Additional payment per Group member 263

(No Member would be entitled to more than two special responsibility allowances. If they fulfilled three or more of the above roles, they would be paid only the highest two allowances).

The Committee was informed that the cost of the revised Members’ Allowances Scheme would be around £353, 300 in a full year, plus an estimated £1,200 for travel and dependent care payments. The figures could be accommodated within the existing budget provision of £353,900.

RESOLVED

58 General Purposes Committee 19 March 2007

RECOMMENDATION 3

That the Council be recommended

1. To approve the Members’ Allowances Scheme for 2007/8 as recommended by the Independent Review Panel and set out in the Appendix to report DS/70 of the Head of Democratic Services

2. That the amendment to provide for a special responsibility allowance to be payable to a co-opted member, where applicable, be applied retrospectively to enable a special responsibility allowance to be paid to the Chair of the Standards Committee for 2006/07; and

3. That the Panel be thanked for the thorough and efficient way in which they had carried out the review.

27. Review of Democratic Structures and Constitutional Changes

The Committee considered report DS/71 of the Head of Democratic Services on the review of Democratic Structures and Constitutional Changes.

The report considered whether any changes were required in 2007/8 to the Council’s Democratic Structures. It was usual at this time of the year, for a full review of the Constitution to be carried out prior to the start of the new municipal year and the report before the Committee proposed certain revisions (including changes to Part 3 of the document – Responsibility for Functions). The requirement to monitor the operation of the provisions relating to call-in and urgency on an annual basis as required in Scrutiny Procedure Rule 14 (k) had also been addressed, and details were set out in Appendix 2 of the report.

To fulfil the requirements of Article 15.01, the Committee was required to monitor the operation of the Constitution and the Council’s Democratic Structures. In addition, Scrutiny Procedure Rule 14(k) required that the operation of the provisions relating to call in and urgency should be monitored annually and a report submitted to Council with proposals for review, if necessary.

The Committee considered the proposed amendments to the constitution as set out in Appendix 1 to the report. In relation to Functions of the Executive (page 122) the Committee noted that the items omitted in error from the current constitution were exceptions to the Executive’s powers which had to be referred to the full Council for approval.

The Committee considered that in relation to Function A32 of the Executive (page 130), the words ‘e.g. the issuing of street litter control notices’ should be omitted because the delegation, without the example, would be wide enough to cover all enforcement activities associated with litter and waste. It was noted that the new delegation relating to the appointment of authorised officers in relation to the Dangerous Dogs Act 1991 should be numbered A33.

The Committee also noted a typing error in the text of the Protocol for the nomination of Honorary Aldermen or Honorary Freemen. The second sentence in the third paragraph should be amended to read “Many people provide (not provided) good service both to the town and to the Council”.

59 General Purposes Committee 19 March 2007

In relation to Part 7 – Management Structures (Page 441) proposing that references to the Head of Organisational Development and Improvement should be changed to Head of Human Resources and Development throughout the document, the Committee agreed that proposal subject to officers checking whether any of the references to the Head of ODI should be changed instead to Chief Executive because some duties from the former ODI Division (e.g. Performance Monitoring) had been transferred to the Corporate Policy Unit.

RESOLVED

RECOMMENDATION 4

That the Council be recommended

1. That, subject to any comments received from the Executive with regard to their functions, the amendments to the Constitution proposed in Appendix 1 to these Minutes be agreed with a view to their implementation immediately after the Annual Meeting of the Council.

2. That, since the provisions relating to call-in and urgency have only been used three times during the past twelve months, no revision of the provisions is necessary at this stage.

28. Closure of Meeting

With the business of the Committee concluded, the Chair declared the meeting closed at 7 52 pm.

R D BURRETT

Chair

60 General Purposes Committee 19 March 2007

AMENDMENTS TO THE CONSTITUTION

Function Proposed amendment Reason for amendment Article 5 – Chairing the Council (Page 21) In 5.01, after the first sentence, include the As provided in Sections 4 and 5 of the Local following:- Government Act 1972.

‘The Mayor and Deputy Mayor, will hold office until the end of the Municipal Year unless, in the meantime, either resign from office’

Article 9 – The Standards Committee (Page Delete the following functions:- These functions were transferred to the Audit 31) and Governance Sub Committee when it was ‘The overview of internal and external audit established but no amendment to Article 9 The overview of whistleblowing policy’ was made at that time.

Article 12 – Employees (Page 36) Revise to read:- Section 114 and 151 functions to be transferred back to the Head of Finance ‘Director of Resources following a permanent appointment to that Overall responsibility for customer services, post. finance, information and communications technology, property services and procurement and legal services. (Head of Finance has Section 114 and 151 responsibilities ).

Article 12 – Employees (Page 37) Revise to read:- Section 114 and 151 functions to be ‘The Council will designate the following posts transferred back to the Head of Finance as shown:- …………… following a permanent appointment to that Post Designation post. Head of Finance Chief Finance Officer (Sections 114 and 151)’

61 General Purposes Committee 19 March 2007

Local Choice Function 5 – The discharge of The following function to be delegated through These sections provide the Council with any function relating to the control of pollution the Executive to the Head of Environmental additional powers to deal with sounding or the management of air quality (Page 66) Services:- intruder alarms causing annoyance to those in the vicinity ‘The appointment of authorised officers for the purpose of exercising powers contained within Sections 77, 78 and 79 of The Clean Neighbourhoods and Environment Act 2005’.

Local Choice Function 5 – The discharge of The following function to be delegated through These provisions relate to the service of fixed any function relating to the control of pollution the Executive to the Head of Environmental penalty notices, the investigation of or the management of air quality (Page 66) Services:- complaints at night including the issue of Warning Notices and the prosecution of ‘The appointment of authorised officers for the offences where noise exceeds permitted level purpose of exercising powers contained within after service of notice. the Noise Act 1996’.

Functions of the Licensing Committee (Pages Functions 49 to 69 to be referred to as To avoid any confusion with similar functions 99 -106) ‘Functions of the Licensing Committee under under the Gambling Act 2005. the Licensing Act 2003’

Functions of the Licensing Committee (Page Add the following words To be consistent with the delegation scheme 105) for Development Control Committee. ‘Where an application made under the Licensing Act 2003 or the Gambling Act 2005 has been submitted by or on behalf of an employee or Member of the Council, it shall not be determined by an officer under delegated powers’.

Functions of the Staff Appeals Board (Page Add the following delegation through the Staff Compromise agreements are commonly 111) Appeals Board:- made immediately prior to an Employment Tribunal hearing and representatives from the ‘The following function is delegated to the Council would have to confirm to the Chair of

62 General Purposes Committee 19 March 2007

Chief Executive, in consultation with the the Tribunal that agreement had been Leader of the Council and the Executive reached in order for the claim to be Member for Continuous Improvement and withdrawn. It would not be possible to change Development the agreement once made.

Authority to agree a Compromise Agreement in circumstances where an employee or former employee of the Council has made a claim or has a potential claim against the Council. In addition, where the Compromise Agreement includes an amount of financial compensation, the Chief Executive, in consultation with the Leader of the Council and the Executive Member for Continuous Improvement and Development, be given delegated authority to agree the amount following consultation with the Head of Legal Services”.

Functions of the Audit and Governance Sub Amend the membership requirements to read The present wording in the Constitution is Committee (Page 115) as follows:- ambiguous and suggests that there must be ‘Membership: Five members. Not more than one member of the Executive, whereas the one member shall be an Executive member intention is that one member of the Executive and that Member shall not Chair the Sub- is the maximum (i.e. it is not necessary to Committee’ have any Executive Members).

Functions of the Membership Committee Delete the words ‘Annual Meeting of the’ so For purposes of consistency and to enable (Page 117) that function 1. reads as follows:- recommendations to be made, as necessary, ‘To submit to the Council its recommendations at other times during the Council year. as to the constitution of the Committees, Sub- Committees and the Executive.’

Functions of the Membership Committee Delete the words ‘Annual Meeting of the’ so To enable recommendations to be made, as (Page 117) that function 2 reads as follows:- necessary, at other times during the Council

63 General Purposes Committee 19 March 2007

‘To submit to the Council its recommendations year. on the appointment of the Leader of the Council, Executive Portfolios, Chairs, Vice Chairs and members of the Committees and Sub-Committees.’

Functions of the Executive (Page 122(e)) Re insert (b) (c) and (d) (b) – (d) to correct an error in the paper version of the Constitution.

(e) for the purposes of clarification.. Revise to read as follows:- ‘(e) appointing the Leader (Note - the appointment of Members of the Executive is the responsibility of the Leader)’.

Functions of the Executive (Page 130) Omit the words ‘e.g. the issuing of street litter The delegation, without the example, would control notices’ from function A 32 which be wide enough to cover all enforcement should now read as follows:- activities associated with litter and waste

‘A.32 The following function is delegated to the Head of Amenity Services:- Authorisation of officers for the purpose of enforcing all litter and waste related powers granted to local authorities under the Environmental Protection Act, 1990.’

Functions of the Executive (Page 130) Add the following new delegation through the In order to exercise powers contained in this Executive:- section of the Act (i.e. to seize a dog) then an ‘A 33. The following function is delegated to officer must be authorised by the Local the Head of Amenity Services:- Authority. It is proposed that the power to The appointment of authorised officers for the authorise officers should be delegated to the purpose of exercising powers contained in Head of Amenity Services section 5 of The Dangerous Dogs Act 1991.’

64 General Purposes Committee 19 March 2007

Functions of the Executive (Page 152) Amend G.7 to read as follows:- This is a proposed increase in delegation. ‘The following function is delegated to the Previously the Head of Finance had delegated Head of Finance:- powers to deal with write offs up to £1,000 and this figure has not been updated since Writing off bad debts and stores deficiencies 2002. not exceeding £2,500 in any one case’.

Functions of the Executive (Page 152) Amend G.8 to read as follows:- To reflect the increased delegation in G.7 above. The following function is delegated to the Chair of the Executive:-

The approval of the writing off of debts of between £2,500 and £10,000 in any one case, in accordance with the agreed protocol for debt collection.

Functions of the Executive (Page 154) Amend G13 to read as follows:- Function to be transferred to the Head of Finance following a permanent appointment to G 13. ‘The following function is delegated to the that post. Head of Finance Maintenance of an adequate and effective internal audit service, including amendments to the annual internal audit plan to take account of changes in risks and priorities.’

Functions of the Executive (Page 154) Amend G 17 to read as follows:- Function to be transferred back to the Head of

65 General Purposes Committee 19 March 2007

Finance following a permanent appointment to The following function is delegated to the that post. Head of Finance in consultation with the Leader:- To vary the timing of schemes within the Council’s three year capital programme to maintain an annual programme in accordance with the approved budget strategy.

Functions of the Executive (Page 156) Amend G 27 to read as follows:- For purposes of clarification.

The following function is delegated to the appropriate Head of Service jointly with the Head of Finance, following consultation with the appropriate Executive Member

1. Review of fees and charges, including the annual review except when the limits set out in the budget strategy for the year would be exceeded

Responsibility for Executive functions – The Head of Finance is the Proper Officer for Functions to be transferred back to the Head Proper Officers (Page 166) the Accountability of Officers under Section of Finance following a permanent appointment 115(2) of the Local Government Act 1972. to that post.

Council Procedure Rule 23.1(2) (Page 195) Delete the words ‘to the Annual Meeting of the To enable recommendations to be made, as Council’ so that the first sentence of Rule necessary, at other times during the Council 23.1(2) reads as follows:- year. ‘The Council shall appoint a Membership Committee which shall submit its recommendations to the Council as to the constitution of the several standing committees and sub-committees of the Council, and the Executive and on the cycle of meetings of the Council, Committees and Sub-

66 General Purposes Committee 19 March 2007

Committees.’

Council Procedure Rule 23.2(3) (Page 196) Delete the words shown in italics:- Under the current Constitution, the Leader is ‘The Council may at any time dissolve the responsible for appointing (or altering the Executive or a committee or change its membership of) the Executive. This Chairman or Vice Chairman or alter its amendment is therefore for purposes of membership.’ consistency.

Council Procedure Rule 23.3(3) (Page 196) Replace paragraph 23.3(3) with the following This amendment places the onus on wording:- members to request paper copies of documents for committees of which they are ‘The Head of Democratic Services shall not a member. This will be done by way of an supply every member of a committee or sub- annual request form which members will be committee with a paper copy of the agenda asked to complete every May. Members can and every relevant report or supporting of course change their mind at any time. document which accompanies the agenda. Except where a body is sitting as a disciplinary, appeal or appointments panel, committee documents will be provided electronically to all other members of the Council, unless a Member specifically requests a paper copy.

Budget Procedure Rules (Page 219) Amend 2(c) and (d) to read as follows:- To reflect the process to be adopted for future years ‘(c) The Budget Strategy encourages a multi- tier approach to decision making rather than a compressed process examining each year in isolation. Nevertheless, there is an annual cycle which is based on Executive approval of the Budget Strategy, with prior consideration by the Overview and Scruti ny Commission,

67 General Purposes Committee 19 March 2007

followed by examination of options by the Budget Advisory Group.

(d) The views of the Budget Advisory Group shall be reported to the Executive either in a separate report or as part of the consideration of the final budget and Council tax.

Delete existing paragraphs (e), (f) and (g) Paragraphs (h) onwards to remain the same - renumber

Executive Portfolios – Appendix 1 (Page 239) Delete the words ‘Best Value’ and insert For updating purposes. Executive Member for Continuous ‘Service Review’ Improvement and Development

Executive Procedure Rules (Page 243) Move the following to the Environmental To rectify a clerical error Services Portfolio under streetscene, from the Leisure and Cultural Services Portfolio:-

o Verge cutting o Cleansing o Litter Control o Abandoned vehicles

Scrutiny Procedure Rules – Rule 13 (Page Amend sub- heading to read as follows:- To reflect the requirement for the call-in 249) procedure to apply to the Town Centre North ‘Call-in of decisions made by a Committee of Committee (a Committee of the Executive). If the Executive or by the Executive as a whole’. additional Committees of the Executive are created in the future the procedure would also Amend 13 (a) to read as follows:- apply to them.

‘ At Executive meetings or Committees of the Executive, immediately after the decision is 68 General Purposes Committee 19 March 2007

taken, any Member of the Council present may indicate that they wish to call-in the decision because they do not believe it has been taken in accordance with the provisions of decision making set out in Article 13 of the Constitution.’

Amend the first sentence of 13 (d) to read as follows:-

‘In the case of the Executive or a Committee of the Executive, if the required number of signatures is produced within the period specified, then the decision will continue to be treated as suspended and the matter will be reconsidered at the next meeting of full Council.’

Financial Procedure Rules (Page 257) Amend the first sentence of 1.7 to read as The Sub-Committee (rather than the follows:- Standards Committee) now has this responsibility. ‘The Monitoring Officer is responsible for promoting and maintaining high standards of financial conduct and therefore provides support to the Audit and Governance Sub- Committee………’

Financial Procedure Rules - Financial 1.10 Amend 1.10 to read as follows:- Functions to be transferred back to the Head Management (Page 257) 1.10. The Monitoring Officer and Head of Finance of Finance following a permanent appointment are responsible for advising the Executive or to that post. Council about whether a decision is likely to be considered contrary or not wholly in accordance with the policy framework or budget. Actions that may be ‘contrary to the budget’ include:

69 General Purposes Committee 19 March 2007

initiating a new policy

committing expenditure in future years to above the budget level

incurring transfers between services (above virement limits)

causing the total expenditure financed from Council tax, grants and corporately held reserves to increase, or to increase by more than a specified amount.

Financial Procedure Rules – Financial Amend 1.11 to read as follows:- Functions to be transferred back to the Head Management (Page 257) of Finance following a permanent appointment ‘The Head of Finance has statutory duties in to that post. relation to the financial administration and stewardship of the authority. This statutory responsibility cannot be overridden. The statutory duties arise from:

Section 151 of the Local Government Act 1972

Local Government Finance Act 1988

The Local Government and Housing Act 1989

The Accounts and Audit Regulations 2003

Financial Procedure Rules – Financial Amend 1.12 to read as follows:- Functions to be transferred back to the Head Management (Page 257) of Finance following a permanent appointment ‘The Head of Finance is responsible for: to that post.

70 General Purposes Committee 19 March 2007

the proper administration of the Council’s financial affairs including the internal audit function

setting financial management standards and monitoring their compliance

advising on the corporate financial position and on the key financial controls necessary to secure sound financial management

preparing financial projects, annual revenue budget, capital programme and treasury management.

Financial Procedure Rules – Financial Amend 1.13 to read as follows:- Functions to be transferred back to the Head Management (Page 258) of Finance following a permanent appointment Section 114 of the Local Government to that post. Finance Act 1988 requires the Head of Finance to report to the Council if the authority or one of its employees:

has made, or is about to make, a decision which involves incurring unlawful expenditure

has taken, or is about to take, an unlawful action which has or would result in a loss or deficiency to the authority

is about to make an unlawful entry in the Council’s accounts.

Section 114 of the 1988 Act also:

requires the Head of Finance to nominate a

71 General Purposes Committee 19 March 2007

properly qualified member of staff to deputise should the Head of Finance be unable to perform the duties under Section 114 personally make it clear that the authority must provide the Head of Finance with sufficient staff, accommodation and other resources – including legal advice where this is necessary – to carry out the duties under section 114.

Financial Procedure Rules – Financial The following functions to be the responsibility Function to be transferred back to the Head of Management Standards (Page 259) of the Head of Finance Finance following a permanent appointment to that post. 1.17 To ensure the proper administration of the financial affairs of the Council and provision of internal audit function.

1.18 To set the financial management standards, and to monitor their compliance.

1.19 To ensure proper professional practices are adhered to, and to act as head of profession in relation to the standards, performance and development of finance staff throughout the authority.

1.20 To advise on the key strategic controls necessary to secure sound financial management.

Financial Procedure Rules – Risk Add the following words This function now to be the responsibility of Management (Page 267) the Director of Resources. ‘Responsibility of the Director of Resources

72 General Purposes Committee 19 March 2007

6.4 To prepare and promote the Council’s strategic risk management policy’.

(Delete existing responsibility of the Head of Finance – To prepare and promote the Council’s risk management policy).

Paragraph 6.5 onwards to be the responsibility of the Head of Finance

Financial Procedure Rules – Audit Amend 7.3 (b) to read as follows:- Functions to be transferred back to the Head Requirements (Page 269) of Finance following a permanent appointment ‘The key controls for internal audit are…….. to that post. (b) The Head of Finance and the Audit Manager have direct access to the Head of Paid Service, all levels of management and directly to elected members; ……….

Financial Procedure Rules – Audit The following functions are to be the Functions to be transferred back to the Head Requirements – (Page 269) responsibility of the Head of Finance:- of Finance following a permanent appointment to that post. 7.4. To ensure that internal auditors have the authority to:

access Council premises at reasonable times

access all assets, records, documents, correspondence and control systems relevant to the audit

receive any information and explanation considered necessary concerning any matter under consideration

require any employee of the Council to

73 General Purposes Committee 19 March 2007

account for cash, stores or any other Council asset under his/her control

access records belonging to third parties, such as contractors when required

have direct access to the Head of Paid Service and the Executive.

7.5. To prepare Strategic and Annual Audit Plans which take account of the characteristics and relative risks of the activities involved. To liaise with Heads of Service on the audit strategy and cover required. In addition to the statutory requirement this takes account of the need to seek added value, effective use of resources, improved performance and cost-effective controls.

7.6. To ensure that effective procedures are in place to investigate promptly any fraud or irregularity.

Financial Procedure Rules – Financial The following functions are to be the Functions to be transferred to the Head of Systems and Procedures – General (Page responsibility of the Head of Finance:- Finance following a permanent appointment to 281) 14.4.To make arrangements for the proper that post. administration of the Council’s financial affairs, including to:

(a) issue advice, guidance and procedures for the Council’s employees and others acting on its behalf

(b) d etermine the accounting systems, form of

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accounts and supporting financial records

(c) establish arrangements for audit of the Council’s financial affairs

(d) approve any changes to be made to existing financial systems or new systems introduced.

Employment Procedure Rules (Page 324) Amend Rule 6(a) (Disciplinary action) to read Functions to be transferred back to the Head as follows:- of Finance following a permanent appointment to that post. Suspension. The Chief Executive, Monitoring Officer (Head of Democratic Services) and Chief Finance Officer (Head of Finance) may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and, subject to Rules 6(b)(i)(b) and 6(b)(i)(c), terminate no later than the expiry of two months, beginning on the day on which the suspension takes effect. Where a direction is made under Rule 6(b)(i)(b) the Council will receive an update at every full Council meeting until the report of the designated independent person is received by the authority.

Part 5 Codes and Protocols Insert the following additional protocol:- For ease of reference in the future. The Appointment of Honorary Aldermen or protocol reflects the procedure agreed at the Honorary Freeman Protocol for the nomination of Honorary meeting of General Purposes Committee on Alderm en or Honorary Freem en. 29 January 2007 and ratified at Council meeting on 21 February 2007. Nominees for Honorary Aldermen should be former Councillors who ha ve served in that 75 General Purposes Committee 19 March 2007 capacity for a significant time. Their length of service would normally be substantially greater than the average length of service per Councillor. Nominees should also have given service to the wider community in a role outside of their duties as a Borough Councillor. This might include notable work with the Voluntary Sector, with Educational Bodies, with other Local Authorities covering the geographical areas of the Borough, or any other body that the Council deemed appropriate.

Nominees for Honorary Freemen should be either individuals that have given extraordinary service to the town over a prolonged period, or who, by their action, have brought significant distinction to the town. The Council envisages that these honours will be given infrequently. Many people provide good service both to the town and to the Council, but it should not be expected that retiring Councillors of many years service will automatically receive such an honour. These honours should be given to reward exceptional service.

Procedure for Nominations

If anyone considers that a particular individual should be considered for either honour, they should approach the Head of Democratic Services who will consult with the Mayor (as a matter of courtesy) and the Leaders of each of

76 General Purposes Committee 19 March 2007

the political groups.

If the Head of Democratic Services is satisfied that the person nominated is likely to receive the support of the whole Council, he/she will report the matter to the General Purposes Committee. This Committee would be expected to recommend that the Mayor convene an Extraordinary Meeting of the Council for that purpose.

The Head of Democratic Services will then approach the nominated person to ensure that he/she would like to receive such an honour, before any formal arrangements are made.

Employees’ Code of Conduct – Section 15 – Amend the second paragraph of r to read as To reflect delegated authorities to refer cases page 368 – paragraph r follows:- of fraud to the police - Audit and Governance Sub-Committee – 15 January 2007 (minute “Suspected fraud or corruption should initially 29) be raised with a Senior Manager or one of the other employees listed in the ‘Whistleblowing’ arrangements. Strict confidentiality will be maintained in these circumstances and there will be no recriminations against anyone genuinely raising such issues. Where an individual does not feel able to raise the issues in this way, the Council has arranged a confidential reporting facility with an external agency which is available by telephone – 0870 7572550. A Senior Manager or one of the other employees listed in the ‘Whistleblowing’ arrangements has the authority to refer cases of fraud to the police. 77 General Purposes Committee 19 March 2007

Protocol on Member/ Employee Relations Replace the reference to the Office of the For update purposes. (Page 375) Deputy Prime Minister with the words ‘ Department for Communities and Local Government’ in the second line of paragraph 17 so that it reads as follows:-

‘In determining publicity arrangements, officers should, at all times, have regard to the Department of Communities and Local Government’s Code of Recommended Practice on local authority publicity.’

Corporate Governance Statement (Page 421) Remove the following words from paragraph For updating purposes 2.2:-

‘The pattern of election by thirds will resume in 2006.’

Corporate Governance Statement (Page 421) Ensure that paragraph 2.3 reflects the up to Interviews will be taking place shortly with a date position with regard to the number of view to appointing four independent members independent members on the Standards on the Committee and thereby filling the Committee. existing vacancy.

Corporate Governance Statement (Page 423) Add the Electoral Administration Act 2006 to For updating purposes the list of Principal Acts relating to Elections and Electoral Registration.

Corporate Governance Statement (Page 424) Under Section 3 (Responsibility for Functions) For updating purposes add ‘3H Audit and Governance Sub Committee’ and then re-letter the remaining functions.

78 General Purposes Committee 19 March 2007

Corporate Governance Statement (Page 426) Replace existing paragraph 6.10 as set out For updating purposes below:-

6.10. The Council has an updated risk management strategy that identifies the key strategic risks facing the Council and sets an overall framework for risk management. Risk management is an integral part of many Council activities including health and safety, insurance, project management, legal enforcement and so on. Further improvements will be made to ensure that risk management is embedded within the Council’s decision making processes and management culture. Training already given to Members and senior management will be extended.

6.11 The Council has put in place business continuity plans for its key services in accordance with the requirements of the Civil Contingencies Act 2004 and is taking action to mitigate against events that are judged to be likely to occur that would have a significant impact on the Council’s ability to provide key services. (re-number subsequent paragraphs)

Members’ Allowances Scheme (Page 429) Replace the 2006/07 scheme with the new For updating purposes scheme to be the subject of a recommendation to Council on 11 April 2007.

Part 7 – Management Structures (Page 441) Amend to reflect revised structure in ODI For updating purposes

79 General Purposes Committee 19 March 2007

Part 7 – Management Structures (Page 442) Reinstate s114/151 under Head of Finance Section 114 and 151 functions to be transferred back to the Head of Finance following a permanent appointment to that post.

Part 7 – Management Structures (Page 445) Revise chart as follows:- For updating purposes (i) Rename the Licensing Act 2003 Applications Sub Committee (Licensing Sub Committee) (ii) Introduce the Audit and Governance Sub Committee (iii) Update the list of Working Groups

References to the Head of Organisational Updating Development and Improvement should be changed to ‘Head of Human Resources and Development’ throughout the document,

Licensing Act 2003 Applications Sub In anticipation of the Sub Committee taking on Committee be renamed the Licensing Sub responsibilities under the Gambling Act 2005 Committee throughout the Constitution

Contents pages Renumber

80 Overview and Scrutiny Commission 26 March 2007

Crawley Borough Council

Minutes of the Overview and Scrutiny Commission 26 March 2007 at 7.30pm Present : Councillor C J Redmayne (Chair) G K Seekings (Vice-Chair) Councillors H S Bloom, A G Brown, L A M Burke, C A Cheshire, S J Joyce, J Millar-Smith and B A Smith.

Also in Attendance: Councillors R D Burrett, I T Irvine, B MeCrow, A J Quirk and J G Smith

Apologies for Absence: Councillors J I Denman and C C Lloyd.

It was noted that Councillor M R Weatherly had resigned from the Council with immediate effect earlier that day.

Officers Present: Michael Coughlin Chief Executive Steve Lappage Scrutiny Manager Mez Matthews Democratic Services Officer Jim Redwood Director of Environment and Housing Phil Rogers Head of Community S ervices Elaine Sayers Democratic Services Officer

108. Minutes and Matters Arising

The minutes of the meeting of the Commission held on 5 February 2007 were approved as a correct record and signed by the Chair.

109. Members’ Disclosure of Interests and Whipping Declarations

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number Councillor Minute 121 Langley Green and Personal and R D Burrett Bewbush – Prejudicial Interest – (non- Neighbourhood Chair of Governors at Commission Regeneration Bewbush Primary member) Projects School. Councillor R D Burrett withdrew from the meeting whilst the item was being discussed and 81 Overview and Scrutiny Commission 26 March 2007

took no part in the discussion.

Councillor Minute 115 Disability Equality Personal and Non- C A Cheshire Scheme Prejudicial Interest –Member of Town Access Group (TAG)

110. Public Question Time

There were no questions from members of the public.

111. Forward Plan – 1 April 2007 to 31 July 2007

The Commission considered the latest version of the Forward Plan and made the following comments:

1) Two Members expressed concerns that reports they assumed would be brought to the meeting were not on the agenda. Members were reminded that they should always respond to the e-mails on provisional referrals to confirm that they wanted an item referred. It was requested that all OSC Members be notified if referral requests (provisional or direct) were subsequently withdrawn. It was agreed that the Scrutiny Manager would clarify the referral procedures for Commission members, and that the matter would be discussed at the Overview and Scrutiny Commission Away Day in June.

2) Item 32 – Corporate Cleaning Contract: Decision. Some Members queried why the short listing for the Corporate Cleaning Contract due to be considered by the Executive on 28 March 2007 had been deleted from the Forward Plan and why a new report on a decision the Corporate Cleaning Contract had been scheduled for 11 July 2007. Members were informed that the short listing was able to be dealt with under delegated powers and that the information had been made available to Members through the Members Information Bulletin. A full report would be considered by the Executive at its meeting in July 2007 to decide whether the Council’s cleaning services would be outsourced to an external contractor and, if so, which contractor to be appointed. Councillor B A Smith directly referred the item to the meeting of the Overview and Scrutiny Commission on 9 July 2007.

RESOLVED

1. That subject to the above comments and referral of the item on the Corporate Cleaning Contract, the Forward Plan for the period 1 April 2007 to 31 July 2007 be noted.

2. That the Scrutiny Manager clarifies the referral procedures for Commission members, and that the matter be discussed at the Overview and Scrutiny Commission Away Day on 14 June 2007.

112. Review of ‘Route to First Rate’ and Draft Corporate Plan 2007/12

82 Overview and Scrutiny Commission 26 March 2007

The Commission considered report CEx/19 of the Chief Executive which would also be considered at the meeting of the Executive to be held on 28 March 2007.

Members were reminded that the Council adopted a new Corporate Plan in January 2004, which set out an ambitious programme of work and initiatives more closely aligned to Council activities to the new Community Strategy and encompassed the results of the ‘Fair’ Comprehensive Performance Assessment (CPA) of February 2003 and subsequent Improvement Plan. The Plan had set out the Council’s mission ‘to be widely regarded as first rate by December 2006’.

The report set out a high level analysis of the Council’s performance against its objective to reach ‘First Rate’. The report identified other areas of progress and achievements secured since 2003 and highlighted areas of the Council’s activities which had not progressed as required or which continued to present challenges to a perception of being ‘First Rate’.

The report also set out a draft Corporate Plan for the period 2007-12 which took account of the Council’s performance in relation to its achievement of ‘First Rate’. The report sought continued Member level commitment to the continual improvement and change of the Council.

Members noted the current analysis of performance to December 2006 set against the First Rate definition. Although it was realised that direct comparisons were not always available, some Members felt that it would still have been beneficial to have received other useful comparative information between the 2003 and 2006 Citizen’s Panel Surveys cited in Section 5.4 of the report. The Chief Executive therefore offered to ask the Corporate Policy Unit to see if it could provide other useful comparative information between the two surveys where direct comparisons were not available.

The Commission acknowledged that it was difficult to measure whether the Council had reached its goal overall to become a ‘first rate’ Authority although it was noted that the Summary in Section 9 of the report gave an overview of the progress which had been made. Members agreed that the Council had achieved a great deal since it set out its mission to be ’first rate’ and that the Council should be proud of the achievements and improvements which had been made.

The Commission also noted the draft Corporate Plan 2007-1012 and supported proposals that it be approved for the purpose of further consultation. The Commission confirmed that it wanted to consider the final version of the Corporate Plan in June before it was considered by the Executive.

RESOLVED

1. That the current analysis of performance to December 2006 set against the First Rate definition be noted;

2. That the comments detailed above be considered at the meeting of the Executive to be held on 28 March 2007.

83 Overview and Scrutiny Commission 26 March 2007

113. Community Notice Boards Scrutiny Panel: Final Report

The Commission considered report OSC/47 of the Chair of the Community Notice Boards Scrutiny Panel which would also be considered at the meeting of the Executive to be held on 28 March 2007.

The Panel had been established at the Overview and Scrutiny Commission on 6 November 2006 as Members had expressed the view that there was currently no single point of contact with regard to the maintenance of community notice boards and the only programme was for the systematic removal of damaged wall mounted notice boards. Concern was also expressed that there was no operational system for notice distribution (the system previously used was no longer in operation). Members felt that the condition of the notice boards contributed greatly to the image of the surrounding area or streetscene and therefore reflected on the reputation of the Council. The Council’s current notice boards did not compare favourably to that of neighbouring authorities in terms of state of repair, quality, robustness and branding.

The report considered various options including: (i) whether capital funding should be made available for a complete renewal programme of community notice boards; (ii) whether Members within their own ward and/or nominated community leaders should be responsible for the distribution and update of documents and displays; and (iii) whether there should be an initial pilot scheme in selected neighbourhoods / wards.

As part of the review Members had a tour of the Borough of Dacorum, which allowed Members and officers to look at the notice boards in several different locations. Dacorum had faced a similar problem with dilapidated notice boards and a major review led by the Communications Team had resulted in the installation of 51 new notice boards throughout the Borough, together with a new management system and protocols for use being drawn up.

The Commission welcomed the report and thanked the officers who had assisted with the review for their commitment, enthusiasm and for being proactive in the Panel’s review. Members agreed that the current Council notice boards were not suitable for the Council and that new freestanding boards should be erected. Various Commission members were concerned at the suggestion that Councillors could be responsible for the maintenance of the notice boards in their wards. Some Members felt that a company, a member of the community or Council staff should be paid to maintain the notice boards on the Council’s behalf.

Members emphasised the importance of clear protocols for the type of materials displayed in the notice boards. Members noted that all material would be sent directly to the Town Hall to ensure that it complied with the guidance / protocol before it was distributed to the individual responsible for the maintenance of the notice board/s. Some Members expressed the view that the scheme should be introduced in all wards; however the majority of the Commission agreed that a pilot scheme to ascertain the way forward should be operated in all five wards cited in the report with the priority wards being Bewbush and Pound Hill South and Worth.

RESOLVED

84 Overview and Scrutiny Commission 26 March 2007

That the Executive be advised to support the following recommendations:

1) To accelerate the existing programme to remove all remaining Notice Boards, both wall mounted and free standing and make good the surrounding areas. 2) To support Option 4 for the operation of a Pilot Scheme in all five wards cited in the report with the priority wards being Bewbush and Pound Hill South and Worth and that approval be sought for its implementation. 3) To support proposals that any maintenance costs incurred should be paid from the income generated by the Primesight Advertising Units (non operational reactive maintenance budget). 4) To support the use of free standing, modular 3 bay lockable notice boards, as opposed to open faced, self-healing boards, made from wood using sustainable, local resources. The cost was approximately £1,500 per board plus £200 installation costs per board. 5) To support the introduction of a central point of contact within Crawley Borough Council for Maintenance Issues, Material Distribution and Monitoring the Pilot Scheme.

114. Crawley Homes Management – The Way Forward

The Commission considered joint report DIR EH/037 of the Director of Environment and Housing and the Portfolio Holder for Housing which reminded the Executive that at its meeting held on 10 January 2007 following the Extraordinary Council Meeting held on the same day, it was resolved that: “A ballot of tenants on transferring the housing stock to Homes for Crawley would not be held, and that the Council would now retain its housing stock without ballot”.

The report brought forward proposals for managing the Council’s housing stock in the context of the resolution. The report included measures for including tenants and staff in decision making and it proposed a cross-party Member advisory group to ensure that decisions on the housing stock were made in the context of full consultation and with cross-party understanding of the issues. Members were informed that a workshop to enable Members and tenants to explore those issues and to consider the process for future decision making and service development was held on 15 March 2007.

The Commission considered the report and expressed a range of views. Several Members raised concerns that the report was ambiguous and was too open to interpretation. Members felt that if the wording was not clear it could lead to confusion in the future and similar problems which were experienced with the stock options ballot could be faced again. Conversely, some other Members interpreted the report in the way it had been intended.

The majority of the Commission were not satisfied with the wording of paragraphs 1.2, 2.2 (i): (b), (c) and (d) of the report. The Commission held the view that the paragraphs sought to usurp the role of elected Members and, therefore, would lack the necessary accountability and, consequently, needed tightening up.

Some members of the Commission felt that although the commitment of the Tenants Forum was appreciated its members were unrepresentative of the tenants as a whole. Some Members felt that all tenants should be approached for their view. Some members expressed the view that a Tenants Association should be set up independently from the Council instead of an Asset Management Advisory Panel (AMAP). It was noted that the Council could assist in setting up such an Association but that residents would be ultimately responsible for initiating the procedure. Other Members were supportive of the 85 Overview and Scrutiny Commission 26 March 2007

establishment of an independent Tenants Association but did not want any improvements to the decision-making structures in relation to the future management of Crawley Homes to be delayed whilst it was being set up. Members fully endorsed recommendation 2.2 (iii) of the report.

Several members of the Commission were dissatisfied that Members had not been involved in discussions prior to the report being written and brought forward at the Commission and Executive meetings, which they felt would have produced more satisfactory proposals.

The report would also be considered at the meeting of the Executive to be held on 28 March 2007.

RESOLVED

That the comments detailed above be considered at the meeting of the Executive to be held on 28 March 2007.

115. Disability Equality Scheme

The Commission considered report ODI/59 of the Chief Executive which would also be considered at the meeting of the Executive to be held on 28 March 2007.

The Disability Discrimination Act 1995, as amended by the Disability Discrimination Act 2005 (‘the Act’) required Local Community Bodies, such as Crawley Borough Council, to produce a Disability Equality Scheme (DES) in order to comply with the Act. The legislation aimed to enable Local Government Authorities to ensure that their functions and activities led to real outcomes and practical improvements in the day-to- day life and experience of disabled people. The DES provided a framework for action to positively promote disability equality throughout the Council’s functions as a Local Authority which would link to the overall strategy and plans for the Borough.

Members considered the report in detail and expressed concerns that people with disabilities had not been involved sufficiently in the development of the draft Action Plan from the outset. Members believed that this could leave the Council open to criticism from the Disability Rights Commission. Despite those concerns, it was acknowledged that the draft Scheme contained some useful preparatory work which could be used, subject to the deletion of Chapter 6 and the Action Plan, to avoid writing the Scheme again from scratch which would delay the process further. The Commission therefore agreed that Chapters 1-5 of the draft Scheme, subject to some minor amendments, should be taken forward for consultation with the community forthwith.

RESOLVED

That the comments detailed above be considered at the meeting of the Executive to be held on 28 March 2007.

116. Services for the Elderly Best Value Review: Second Update Report

The Commission considered report DIR EH/036 of the Director of Environment and 86 Overview and Scrutiny Commission 26 March 2007

Housing which contained details of the second update report to the Commission and which had been based on the Improvement Plan. The Commission had considered the first update report at its meeting held on 8 January 2007 (minute 89) where it was resolved that a second update report should be brought back to the Commission on 26 March or early in 2007/8.

The report contained details of the 12 recommendation which had been agreed at the meeting of the Commission held on 27 March 2006 (minute 173) and the full Council on 12 April 2006 (minute 87) and the specific action required and details of the progress made to date.

Members were informed that there had been an increase in the uptake of benefits by the elderly community since the Benefits Promotion Officer had been in post. It was suggested that an information sheet should be produced which would be distributed to members of the elderly community when they applied for their concessionary bus pass, it was hoped that this would give the elderly the opportunity to receive all the benefits available to them. It was suggested that the information sheet should also be circulated to Doctor’s surgeries within Crawley.

Members were pleased that the actions agreed had now been more substantially progressed although there was disappointment that some slippage was still evident for a few of the items. It was agreed that Members would be updated further during 2007/08.

RESOLVED

That the report be noted and that Members be updated further during 2007/08.

117. Overview and Scrutiny Commission Work Programme 2007/2008

The Commission considered report OSC/48 of the Scrutiny Manager which sought approval for the 2007/8 work programme scheduled to date for the Overview and Scrutiny Commission (OSC). The report detailed the work programme scheduled to date, sought confirmation that the Licensing and Value for Money Scrutiny reviews should still be undertaken from June to September 2007. The report also outlined the arrangements for developing proposals for potential in-depth scrutiny reviews which included their detailed consideration at the OSC Away Day in June.

Appendix 2 of the report reminded Members of the sources of topics and the effective scrutiny topic selection criteria which needed to be taken into account to ensure that the topics had the potential to add value and make a difference. A list of topics suggested to date for further consideration at the OSC Away Day were included and Members were asked to put forward additional ideas for reviews for consideration at the Away Day.

Members noted that the Work Programme was an evolving document and that it would be reviewed in June once the new membership of the Commission was in place.

RESOLVED

It was agreed that:

(1) The OSC Work Programme for 2007/08 scheduled to date, as set out in 87 Overview and Scrutiny Commission 26 March 2007

Appendix 1 of the report, be noted but that it be reviewed in June once the new membership of the Commission was in place; (2) That the Licensing and Value for Money Reviews, deferred from 2006/7, be undertaken in 2007/8 and that new Scrutiny Panels be established; (3) That the Membership Committee be asked to approve the membership of the Licensing Strategy and Value for Money Scrutiny Panels ensuring that the Chairs of the new Panels were Members of the new Commission; (4) That Members be reminded/informed at the OSC Away Day of the reasons why these two reviews initially programmed for2006/7 had not been progressed; (5) That the arrangements for the development of proposals for scrutiny reviews and their consideration at the Away Day in June be endorsed.

118. West Sussex Health Overview and Scrutiny Committee

Councillor H S Bloom reported on the recent meeting of the West Sussex Health Overview and Scrutiny Committee (WSHOSC) which took place on 19 March 2007. Members had before them papers which related to the recent meeting.

The Sussex Ambulance Service had given the WSHOSC a presentation on the proposal to change the name to the South East Coast Ambulance Service. The new Service would mean that ambulance medical staff would receive 3 years training as opposed to the current 6 months training.

Councillor Bloom informed Members that no confirmation had been given regarding the proposal to cease the bus service between Crawley Hospital and East Surrey Hospital. Members of the Commission expressed concern that if the bus service was withdrawn, patients / visitors would be subject to an average £25.00 taxi fare between the hospitals. Commission members felt it was imperative that the bus service be retained.

RESOLVED

That the update given by Councillor H S Bloom be noted.

119. Scrutiny Panels

The Commission received brief updates on its Panels as outlined below:

Performance Monitoring Scrutiny Panel A brief update on the meeting held on 13 February 2007 had been given at the informal OSC meeting held on 5 March 2007. The Panel’s next meeting was scheduled for 4 July 2007.

Transport Strategy Scrutiny Panel A brief update on the meeting held on 20 February 2007 had been given at the informal OSC meeting held on 5 March 2007. The Panel’s next meeting was scheduled for 3 April 2007 where the Panel would agree recommendations for inclusion in the new Strategy.

Value for Money Scrutiny Panel The review had been provisionally scheduled for June – September 2007.

88 Overview and Scrutiny Commission 26 March 2007

Neighbourhood Centres Scrutiny Panel Members were informed that officers had conducted comprehensive research on the subject and that the research would be discussed at the Panel’s next meeting to be held on 27 March 2007.

Licensing Scrutiny Panel The review had been provisionally scheduled for June – September 2007.

Community Notice Boards Scrutiny Panel The Panel’s final report was considered earlier in the meeting. Its work had now been completed.

120. 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.

121. Langley Green and Bewbush – Neighbourhood Regeneration Projects (Exempt Paragraph 3 – Financial and Business Affairs)

The Commission considered report DCS/6, DIRr/34 and DIR EH/038 of the Director of Community Services, Director of Resources and Director of Environment and Housing. The report would also be considered at the meeting of the Executive to be held on 28 March 2007.

The report stated that the proposals would achieve a significant improvement in the provision of community and health facilities in Langley Green and Bewbush, and an improved physical environment. The Bewbush project would also include the closure of Bewbush Leisure Centre with replacement facilities being provided that better reflected local community needs.

Members thanked the officers for their work so far and welcomed the report. The Commission felt that the projects were good examples of partnership work together and could act as a blue print for the revitalisation of the rest of Crawley’s neighbourhood centres. The Commission endorsed the report and hoped that the Executive would accept the recommendations included within it.

RESOLVED

That the comments detailed above be considered at the meeting of the Executive to be held on 28 March 2007.

122. Closure of Meeting

The meeting ended at 10.45pm.

C J REDMAYNE Chair 89 Executive 28 March 2007

Crawley Borough Council

90 Executive 28 March 2007 Minutes of Executive 28 March 2007 at 7.30pm

Present:

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

Councillor D G Crow (Deputy Leader of the Council)

Councillors R D Burrett (Executive Member for Continuous Improvement and Development) A J Quirk (Executive Member for Community Engagement) B J Burgess (Executive Member for Housing)

C L Denman (Executive Member for Planning and Economic Development) B K Blake (Executive Member for Environmental Services) B MeCrow (Executive Member for Leisure & Cultural Services)

Also in Attendance:

Councillors S A Blake, C A Cheshire, A C W Crane, J Denman, I T Irvine, S J Joyce, J Millar-Smith, J Mortimer, C J Redmayne, G K Seekings, L A Seekings; and B A Smith.

Officers Present:

Ann Maria Brown Head of Legal Services Michael Coughlin Chief Executive David Covill Director of Resources Glyn Hydes Democratic Services Officer Jim Redwood Director of Environment and Housing Mark Robinson Head of Communications John Thraves Director of Community Services Pat Tinsley Head of Democratic Services

143. Minutes

The minutes of the meeting of the Executive held on 7 March 2007 were approved as a correct record and signed by the Chair.

144. Public Question Time There were no public questions.

91 Executive 28 March 2007

145. Members’ Disclosure of Interests

The following disclosures of interests were made by Members:-

Member Minute Subject Nature of Disclosure Number R D Burrett Minute 160 Langley Green and Personal Prejudicial Bewbush Interest – Chair of Neighbourhood Governors of Regeneration Bewbush Primary Projects School

R D Burrett Minute 164 Report of Grants Personal Non Working Group – Prejudicial – Voluntary Sector Representative on Support Crawley Open House – Southwell Lodge; and Riverside House

C L Denman Minute 164 Report of Grants Personal Non Working Group – Prejudicial – Voluntary Sector Representative on Support Crawley Arts Council

S J Joyce Minute 161 Review of legal Personal Prejudicial (Non Executive services division Interest – Wife works Member) in legal services division

B MeCrow Minute 164 Report of Grants Personal Non Working Group – Prejudicial – Voluntary Sector Representative on Support Crawley Museum Society

A J Quirk Minute 164 Report of Grants Personal Non Working Group – Prejudicial – Voluntary Sector Representative on Support Crawley Ethnic Minority Partnership (CEMP); and Crawley Museum Society.

146. Review of ‘Route to First Rate’ and Draft Corporate Plan 2007/12 (Chair Portfolio)

The Executive considered report CEx/19 of the Chief Executive, that had also been considered at the meeting of the Overview and Scrutiny Commission held on 26 March. Members were reminded that in January 2004 the Council had adopted a new Corporate Plan, which set out an ambitious programme of work and initiatives; more closely aligned to Council activities to the new Community Strategy, and encompassed the results of the ‘Fair’

92 Executive 28 March 2007

Comprehensive Performance Assessment (CPA) of February 2003 and the subsequent Improvement Plan. The Plan had set out the Council’s mission ‘to be widely regarded as first rate by December 2006’.

The report before the Executive was a high level analysis of the Council’s performance against its objective to reach ‘First Rate’. The report identified other areas of progress and achievements secured since 2003 and highlighted areas of the Council’s activities which had not progressed as required, or which continued to present challenges to a perception of being ‘First Rate’.

The report also set out a draft Corporate Plan for the period 2007-2012 which took account of the Council’s performance in relation to its achievement of ‘First Rate’. The report sought Members continued commitment to further improvement and change within the Council.

The Overview and Scrutiny Commission had made the following comments on the report:- (i) Although it was realised direct comparisons were not always available, some Members had considered that it would have been beneficial to have had more comparative information for the period between 2003 and 2006 Citizen’s Panel Surveys, (ii) It was acknowledged that it was difficult to measure whether the Council had reached its goal overall to become a ‘first rate’ Authority, although it was noted that section 9 (Summary) of the report had given an overview of the progress made; and (iii) Members agreed that the Council had achieved a substantial amount since it set out its mission to be ‘first rate’ and that the Council should be proud of the achievements and improvements that had been made.

RESOLVED

1. That the current analysis of performance to December 2006 set against the First Rate definition be noted; and

2. That the draft corporate plan for the purpose of further consultation be approved.

Reason for Decision

The Council had invested significant effort, time and resources into its improvement activities and it was timely to review the progress that had been made and the areas that required further attention. That progress, the changing nature of the Council’s work and the condition of the town required that a fresh approach was taken to planning the Council’s future activity over the medium term to 2012.

147. Community Notice Boards Scrutiny Panel: Final Report (Chair and Community Engagement Portfolios)

The Executive considered report OSC/0047 of the Chair of the Community Notice Boards Scrutiny Panel and the Scrutiny Officer, that had also been

93 Executive 28 March 2007 considered at the meeting of the Overview and Scrutiny Commission held on 26 March.

The Panel had been established at the meeting of the Overview and Scrutiny Commission held on 6 November 2006 (minute 63) as Members had expressed the view that there was currently no single point of contact with regard to the maintenance of community notice boards, and the only programme was for the systematic removal of damaged wall mounted notice boards. Concern had also been expressed, that there was no operational system for the distribution of notices (the system previously used was no longer in operation). Members considered that the condition of the notice boards contributed greatly to the image of the surrounding area or streetscene and reflected on the reputation of the Council. The Council’s current notice boards did not compare favourably to those of neighbouring local authorities, in terms of state of repair, quality, robustness or branding.

The report before the Executive, considered various options including:- (i) whether capital funding should be made available for a complete renewal programme of community notice boards; (ii) whether Members (within their own ward) or nominated community leaders should be responsible for the distribution and update of documents and displays; and (iii) whether there should be an initial pilot scheme in two or three neighbourhoods/wards.

As part of the review, Members had visited Dacorum Borough Council, and viewed their notice boards in several different locations. Dacorum had faced a similar problem with dilapidated notice boards, and had undertaken a major review that had resulted in the installation of 51 new notice boards throughout the Borough, together with the drawing up of a new management system and protocols for use.

The Overview and Scrutiny Commission had made the following comments on the report:- (i) Members had agreed that the current Council notice boards were not suitable for the Council and that new freestanding boards should be erected, (ii) Various Members were concerned at the suggestion that Councillors could be responsible for the maintenance of the notice boards in their ward. Some Members felt that a company, a member of the community or Council staff should be paid to maintain the notice boards on the Council’s behalf, (iii) Members emphasised the importance of clear protocols for the type of material displayed in the notice boards; and (iv) The Commission agreed that a pilot scheme should operate in Bewbush, Broadfield North, Langley Green, Pound Hill South and Worth; and Southgate wards, with the priority wards being Bewbush and Pound Hill South and Worth.

Members noted that whilst the Overview and Scrutiny Commission had recommended that the pilot scheme should cover all five wards, it was recommended in paragraph 4.5.4 of the report that it should be for only two wards. The total cost of replacing the notice boards in all five wards would be £8,500 (£1,700 per ward) and that that cost could be covered from the £11,620 annual income that was received from Primesight (who owned the notice boards).

The Executive was of the view that the pilot scheme should cover the following wards:- Bewbush, Broadfield North, Langley Green, Pound Hill

94 Executive 28 March 2007

South and Worth; and Southgate. It was agreed that it be checked that Iroko wood complied with the Council’s environmental policies and, if not, an alternative suitable wood be used.

RESOLVED

That subject to the pilot scheme taking place in the five wards (detailed above) the report be noted, and the recommendations contained therein approved and confirmed.

148. Crawley Homes Management – The Way Forward (Housing Portfolio)

The Executive considered joint report Dir/EH/037 of the Director of Environment and Housing and the portfolio holder for Housing. The report reminded Members that at the Executive meeting held on 10 January 2007, it had been resolved that: “A ballot of tenants on transferring the housing stock to Homes for Crawley would not be held, and that the Council would now retain its housing stock without ballot”. The report now before the Executive had also been considered at the meeting of the Overview and Scrutiny Commission held on 26 March.

The report brought forward proposals for managing the Council’s housing stock and included measures for including tenants and staff in the decision making process. The report also proposed that a cross-party Member advisory group be established to ensure that decisions on the housing stock were made in the context of full consultation, and with cross-party understanding of the issues.

The Overview and Scrutiny Commission had made the following comments on the report:- (i) Concerns were expressed by several Members that the report was ambiguous and was too open to interpretation, (ii) The majority of the Commission had not been satisfied with the wording of paragraphs 1.2, 2.2 (i): (b), (c) and (d) of the report. They had considered that it was seeking to usurp the role of elected Members and, therefore, would lack the necessary accountability and, consequently, needed tightening up, (iii) Some members of the Commission considered that although the commitment of the Tenants Forum was appreciated its members were unrepresentative of the Tenants as a whole. Some Members had considered that all tenants should be approached for their view, (iv) Some Members had expressed the view that a Tenants Association should be set up independently from the Council instead of an Asset Management Advisory Panel (AMAP). It was noted that the Council could assist in setting up such an Association but that residents would be ultimately responsible for initiating the procedure. Other Members were supportive of the establishment of an independent Tenants Association but did not want any improvements to the decision-making structures in relation to the future management of Crawley Homes to be delayed whilst that was being set up, (v) Members fully endorsed recommendation 2.2 (iii) of the report; and (vi) Several members of the Commission were dissatisfied that Members had not been involved in discussions prior to the report being written and brought forward at the Commission and Executive meetings – which they felt would have produced more satisfactory proposals.

95 Executive 28 March 2007

Arising from the views expressed at the meeting of the Commission held on 26 March 2007, a paper setting out some revisions to the proposed recommendations in the report before the Executive was circulated at the meeting. The Executive felt that the proposed revisions to the recommendations set out in the report were what was required to be able to move the process forward.

RESOLVED

1. That tenants be consulted on the establishment of an Asset Management Advisory Panel (AMAP) with ex-officio membership of the Housing Portfolio holder, and, subject to the outcome of that consultation with the following advisory and consultative terms of reference, without fettering the ultimate discretion of Members

(a) To participate in monitoring the performance of the repairs and maintenance service for Crawley Homes

(b) To liaise with the Council’s partnering contractors in matters relating to the day to day operation of the repairs and maintenance service

(c) To participate in the process leading to the procurement and renegotiation of maintenance and repair contracts

(d) To provide advice from a tenants perspective to the Housing Maintenance Advisory Group on investment proposals relating to the housing stock

2. That a cross-party Housing Maintenance Advisory Group be established, comprising 9 Members, proportionality applying, with the following terms of reference:

(a) To establish an understanding of issues relating to the condition of the housing stock, the cost of repairs and improvements in relation to the standard of housing to be provided, and the resources available to meet the costs.

(b) To provide advice on the investment programme for the housing stock for consideration by the Budget Advisory Group, Executive and Council

(c) To provide advice to the Executive and Council on matters considered by the AMAP, including housing contract procurement.

3. That staff and the trade unions be consulted on the establishment of a staff forum to involve a range of staff involved in supporting and providing the housing service as a mechanism to communicate issues relating to the housing service, and to inform decisions affecting it.

96 Executive 28 March 2007

Reason for Decisions

The new decision making structure would provide for sound decision making in relation to the future management of Crawley Homes following the decision of the Council to retain the housing stock.

In accordance with Scrutiny Procedure Rule 13, the decisions set out in the resolutions were called in by Councillor B A Smith on the grounds that she does not believe that they have been taken in accordance with the following principles as set out in Article 13.02 of the Council’s Constitution:-

(b) due consultation and the taking of professional advice from employees

(Councillor B A Smith believes that there has been a failure to fully consult at all levels prior to making recommendations to the Executive)

(d) a presumption in favour of openness

(Councillor B A Smith believes that there has been a failure to have internal consultation prior to recommendations, leaving the Opposition Members no chance for input.

(e) clarity of aims and desired outcomes

(Councillor B A Smith believes that particularly with regard to the setting up of tenant representation and to how that can be acting democratically)

(f) explanation of options considered and reasons for decision

(Councillor B A Smith believes that due to a lack of pre internal consultation consideration has not been given to the wider picture

Councillor B A Smith’s call in was supported by the following signatories:- Councillors Crane, G K Seekings; and Shreeves.

149. Proposed Changes to the Sheltered Accommodation Service (Housing Portfolio)

The Executive considered joint report CH/64 of the Director of Environment and Housing and the portfolio holder for Housing. The report outlined options for developing the existing out of hours cover arrangements within the sheltered accommodation service to meet the requirements of the EU Working Time Directive. The report provided:- (i) an analysis of the current service, (ii) comparisons with other housing organisations, (iii) results of consultation with tenants and staff ; and (iv) a summary of the three options open to the Council in considering the future direction of the service. The

97 Executive 28 March 2007 savings that would be achieved from the implementation of any of the three possible options were set out in the report.

The views of Unison about the three possible options were circulated at the meeting. Unison considered that option 1 – ‘the Key Safe System’ was the preferred option, as it would allay the concerns that staff had in relation to working during night hours and the fears about their safety when doing that. Unison’s least preferred option was option 3 – ‘maintaining the service recruiting additional Scheme Managers’ – as it would require major negotiations with staff on their Terms and Conditions of service and salaries etc, and would involve lengthy consultation and negotiation, which could delay the implementation of improvements to the service being made. With regard to option 2 – ‘maintaining the service by recruiting to provide additional out of hours cover only’ – Unison were of the view that a defined split between day and night staff should be considered, and reflected in their contracts of employment. Should that not be possible, Unison would consider the option not to be acceptable.

In supporting option 2, the Executive supported a defined split of hours between day and night staff as proposed by Unison. The Executive were also concerned to cover the eventuality of recruitment difficulties preventing the implementation of that option, and in that respect they proposed that the Director of Environment and Housing, in consultation with the portfolio holder for Housing, be authorised to introduce key safes as a fall back measure whilst recruitment continued.

The Director of Environment and Housing informed the Executive that through the good will of staff it had been agreed to continue the present service, and that the additional staff required to enable the implementation of option 2, would need to be recruited by mid May.

The Executive asked that its thanks be recorded to the hard working staff involved in the sheltered housing service, for the exemplary manner in which they carried out their work.

RESOLVED

That the EU Working Time Directive be met by the implementation of option 2 – ‘Maintaining the Service by Recruiting to provide Additional Out of Hours cover only’ as outlined in section 6 of the report. But that option 1 (‘Key Safe System’) be held in reserve as a transient and temporary contingency option, only to be implemented if it was not possible to recruit the additional staff required to enable the implementation of option 2 in time for compliance. It was also agreed that authority be delegated to the Director of Environment and Housing and the Housing portfolio holder, to implement option 1 should it not be possible to recruit the additional staff necessary to enable option 2 to be implemented in time for compliance. It was further agreed that option 2 should ultimately be implemented even if it required disinvestment associated with the temporary implementation of option 1. It was also agreed that there should be a defined split of hours between day and night staff.

Reason for Decision

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Option 1 was not ideal because many tenants, whilst they were able to identify someone who could hold the key for them, did not necessarily wish their friend or relative to be disturbed in the middle of the night. Option 3 would have required changes to staff contracts, was the most expensive and also was not favoured by the staff. Overall option 2, with the proviso that there was a distinct split between day and night staff was thought to be the best and would ensure that the sheltered housing service complied with the EU Working Time Directive.

150. Disability Equality Scheme (Community Engagement Portfolio)

The Executive considered report ODI/0059 of the Chief Executive, that had also been considered at the meeting of the Overview and Scrutiny Commission held on 26 March.

The Disability Discrimination Act 1995, as amended by the Disability Discrimination Act 2005 (‘the Act’) required Local Community Bodies, such as Crawley Borough Council, to produce a Disability Equality Scheme (DES) in order to comply with the Act. The legislation aimed to enable Local Government Authorities to ensure that their functions and activities led to real outcomes and practical improvements in the day-to-day life and experience of disabled people. The Disability Equality Scheme provided a framework for action to positively promote disability equality throughout the Council’s functions as a Local Authority which would link to the overall strategy and plans for the Borough.

The Overview and Scrutiny Commission had made the following comments on the report:- (i) Concerns were expressed that the Council had not followed the correct processes in developing the draft Scheme and particularly that people with disabilities had not been involved in the process from the outset. It was considered that that would leave the Council open to criticism from the Disability Rights Commission; and (ii) Despite the concerns set out in (i) above, it was acknowledged that the draft Scheme contained some useful preparatory work which could be used, subject to various amendments including the deletion of Chapter 6 and the Action Plan, to avoid starting all over again and delaying the process further. The Commission had considered that Chapters 1 – 5 of the draft Scheme, subject to some further amendments, should be taken forward for consultation as a “base line” for information upon which to begin consultation.

The Executive agreed with the Overview and Scrutiny Commission that the Action Plan (and also chapter 6, which referred to the involvement of disabled people in developing the scheme) should not be included at the consultation stage because the action plan was supposed to be drawn up after, and taking into account, the results of the consultation exercise.

RESOLVED

That the Disability Equality information attached to the report (excluding chapter 6 and the Action Plan) be approved as the basis of a wide ranging consultation exercise.

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Reasons for Decision

1. Working with its partners across the town the Council had clearly signalled its commitment to helping sustain a cohesive, diverse and tolerant community. The Council had identified a strategic approach through its social inclusion, diversity and equality strategy, and as a result had taken action in a number of areas to support excluded, marginalised, hard to reach and disadvantaged groups.

2. A key part of this approach was recognising the special and particular needs that different groups had both in the town and within the Council.

3. Development of this scheme would provide a firm policy foundation for raising awareness corporately of the needs of disabled people, set out how we proposed to engage with them and perhaps most importantly, commit the Council to action.

151. Risk Management Strategy 2007/8 Update (Chair Portfolio)

The Executive considered report DIRr/33 of the Director of Resources, which reminded Members that the Council’s Risk Management Strategy had been approved in March 2005.

Risk Management was integral to an organisation’s success in delivering its priorities and meeting statutory and regulatory objectives. For local authorities, that included the Audit Commission’s Direction of Travel and Use of Resources Assessment. The updated strategy explained progress to date, redefined the Council’s key strategic risks; and set an action plan to further embed risk management into the Council’s management framework and decision making process.

RESOLVED

RECOMMENDATION 5

That the Council be RECOMMENDED to approve the updated Risk Management Strategy.

Reason for Decision

To approve the Council’s updated Risk Management Strategy.

152. Revisions to the Anti Fraud and Corruption Strategy, Response Plan, and Whistle Blowing Policy and Procedures (Chair Portfolio)

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The Executive considered report FIN/108 of the interim Head of Finance, which in accordance with best practice had reviewed the Council’s Anti-Fraud and Corruption Strategy. The revised policy was attached as Appendix A to the report, and highlighted the link between the risk of fraud and the identification of mitigating action as a method of preventing fraud.

A Response Plan had also been drafted, which detailed how the Council should report potential instances of fraud, and how the investigation should be undertaken and by whom. That included reference to the Head of Customer Services being able to refer benefit fraud cases to the police, and the Head of Human Resources and Development being able to refer cases relating to employees to the police. Whilst the constitution referred to some officers having delegated authority to issue cautions, apply penalties or instigate prosecution for benefit cases, there was no specific reference to the decision to refer cases to the police. Members noted that at the meeting of the General Purposes Committee held on 19 March 2007 the constitution had been amended, to enable cases of fraud to be referred to the police, and would be considered at the meeting of the full Council to be held on 11 April.

The whistle blowing policies and procedures had also been revisited and revised, to ensure that there was consistency between the three documents. The original policy had been agreed with the trade unions and their continued support had been sought in relation to the revised policy. Members noted that at the meeting of the Employees Joint Consultative Forum held on 27 February, the trade union representatives had confirmed their support for the revised whistle blowing policy and procedure.

RESOLVED

1. That the Anti Fraud and Corruption Strategy, Response Plan; and Whistle Blowing Policy and Procedure be adopted.

2. That the Council’s “Whistle Blowing Policy and Procedure” be placed on the Council’s intranet and brought to the attention of staff.

Reason for Decision

One of the key responsibilities of the Executive was to review the effectiveness of the Council’s anti-fraud and anti-corruption arrangements, including whistle blowing guidelines.

153. Changes to the Constitution (Chair Portfolio)

The Executive was informed that the General Purposes Committee at its meeting held on 19 March 2007, had considered a report on the review of democratic structures and constitutional changes. The changes proposed included amendments to the scheme of delegation, and other constitutional changes that related to Executive functions, and were set out in Appendix D to the agenda. The views of the Executive on the proposed amendments to the constitution were sought.

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The Head of Democratic Services informed the Executive that the General Purposes Committee had agreed the following additional delegation and clerical correction affecting the Executive that was not listed in the enclosure (a copy of which was circulated at the meeting) :-

Functions of the Omit the words ‘e.g. the The delegation, without the Executive (Page 130) issuing of street litter control example, would be wide notices’ from function A 32 enough to cover all which should now read as enforcement activities follows:- associated with litter and waste

‘A.32 The following function is delegated to the Head of Amenity Services:- Authorisation of officers for the purpose of enforcing all litter and waste related powers granted to local authorities under the Environmental Protection Act, 1990.’

The Executive also noted that A32 listed in enclosure D (relating to the Dangerous Dogs Act 1991) should be re-numbered A33.

RESOLVED

That the Council be informed that the Executive concurs with the proposed amendments to the scheme of delegation and the other constitutional changes that related to executive functions as set out in Enclosure D to the agenda, subject to the above amendments.

Reason for Decision

To confirm the Executive’s agreement to the constitutional updates being recommended to the Council by the General Purposes Committee.

154. Report of Grants Working Group – Voluntary Sector Support (Community Engagement Portfolio)

The Executive agreed that due to the likely disclosure of exempt information, (under paragraph 3, part 1 schedule 12 A of the Local Government Act 1972) that this matter be considered in Part B of the meeting.

155. Northgate Parade Environmental Improvements (Planning and Economic Development Portfolio)

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The Executive considered report PS/0289 of the Head of Planning Services. The Neighbourhood Centre Environmental Improvement Programme had been established in order to secure environmental, service and operational improvements for the benefit of the community.

It was considered that the area around Northgate Parade required general refurbishment, it suffered from car park manoeuvring problems and issues of crime and disorder. The report detailed the results of the consultation exercise that had been undertaken. To date, the feedback from the consultation process had been positive. Members were requested to confirm that the scheme for the area in and around Northgate Parade could be taken to the detailed design and tender stages. Reference was made at the meeting to the need to replant the landscaped areas and it was agreed that that matter be progressed by the “Lets Face It” initiative.

RESOLVED

1. That the proposed scheme, and the costs set out in the report be agreed; and

2. That authority be granted to undertake detailed design, tenders and necessary consents and agreements for the scheme’s implementation.

Reasons for Decisions

1. The modifications to the parade would enhance the environmental quality and would improve public safety in the area.

2. The project used the Council’s capital resources efficiently and harnessed resources from other agencies.

156. Gatwick Diamond Economic Strategy and Economic Development Update (Planning and Economic Development Portfolio)

The Executive considered report PS/0289 of the Head of Planning Services, Chief Executive and the portfolio holder for Planning and Economic Development. The Gatwick Diamond Economic Strategy formed part of the work undertaken by the Gatwick Diamond initiative and part of a ‘patchwork’ of strategies and structures that supported the economic development of Crawley and the surrounding ‘catchment’ area.

The strategy set out a framework for stakeholders to “ensure that Gatwick Diamond achieved a step change in its economic performance by becoming widely recognised as an international business location, offering first rate operating conditions for business served by excellent links to the other UK economic centres and a highly knowledgeable and motivated workforce.”

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The strategy included objectives, a series of high-level actions and a suggested approach to improving co-ordination between key public agencies to ensure the continued prosperity of the sub-region and to achieve more added value from existing public and private sector investment.

The Gatwick Diamond featured in both the south east plan and the regional economic strategy where policy approaches were being developed to ensure sustainable growth was linked to achieving a diverse and continuously modernising economy.

With the development of the Gatwick Diamond initiative, additional resources were being made available from outside the Council, to coordinate delivery of the action programme and, for its part, the Council was making a greater input to sub-regional issues at first and second tier officer levels. The report asked Members to note the related changes to the role of the Economic Development officer post, as it focused more directly on the local economy and local business needs.

RESOLVED

1. That the Gatwick Diamond economic strategy be approved, and the proposals set out in paragraphs 3.1-3.5 and 5.1-5.4 of the report to progress the issues identified be actioned

2. That the activities of the South East ‘Diamonds for investment and growth’ group and Crawley’s role be noted and supported; and

3. That the revised role of the Council’s Economic Development Officer be noted.

Reason for Decisions

The strength of the local economy was a fundamental concern for the local community and the Council. It was one of six priority areas that had been identified in the community strategy. The development of the Gatwick Diamond initiative provided an opportunity to promote sustainable economic growth in line with the Council’s corporate and planning strategies, and it was appropriate for that to be supported at a senior level within the Council. The redefinition of the Economic Development officer role provided the opportunity to strengthen the support provided to businesses and business organisations at the local level.

157. Green Spaces Strategy (Planning and Economic Development Portfolio)

The Executive considered report AM/19 of the Head of Amenities, that set out the Council’s vision and approach to all green spaces in the Borough. The report detailed how the Council would manage its own land holdings in

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accordance with the overall strategy. It also provided the basis for a separate Supplementary Planning Document (SPD) setting out the planning principles and guidelines for future development within the town. The Supplementary Planning Document (SPD) would form part of the Council’s local development framework.

RESOLVED

That the Council’s green spaces strategy be adopted.

Reasons for Decision

1. The Council’s green spaces strategy was a key corporate document setting out what its vision and intentions were for the future management and protection of green spaces within the Borough.

2. The document provided a basis for a local development framework document to provide the planning principles and guidelines for the future development of the town, and their potential impacts on green spaces in the Borough. It was important therefore that the strategy was formally adopted.

158. West Sussex Working Group for the Olympic Games and Paralympic Games (Leisure and Cultural Services Portfolio)

Members were reminded that at the meeting of the Executive held on 10 January 2007, it had been agreed to support an application to Sport England for Crawley’s inclusion in the official London 2012 Pre-Games Training Camp Guide (minute 111). That report had indicated that West Sussex County Council had set up a 2012 Group to develop the County-wide economic/business benefits and other 2012 activity needed coordination.

At the meetings of the Overview and Scrutiny Commission and Executive, held on 8 January and 10 January 2007 respectively, concern had been expressed about a financial contribution being made to West Sussex County Council, in the absence of information on the level of contribution and the role to be played by the Council, as part of that campaign. It had been agreed that any request for funding be referred back to the Executive for approval. Through the West Sussex Joint Leaders Group each Borough/District Council had been asked to contribute £5,000 in 2007/8 and again in 2008/9. West Sussex County Council had contributed £120,000 and had appointed a Coordinating Officer.

RESOLVED

That £5,000 be contributed in 2007/8 and 2008/9, and that the monies be contained within the existing overall budget for the Community Services Directorate.

Reason for Decision

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Crawley Borough Council was represented on the County wide 2012 Working Group and would receive benefits back, in particularly in relation to the Training Camp bid and economic opportunities which would arise from that.

159. 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 items.

160. Langley Green and Bewbush Neighbourhood Regeneration Project (Planning and Economic Development and Leisure and Cultural Services Portfolio’s) (Exempt - Paragraph 3 – financial and business affairs)

The Executive considered report DCS/6, DIRr/34 and DIR EH/038 of the Director of Community Services, Director of Resources; and Director of Environment and Housing, that had also been considered at the meeting of the Overview and Scrutiny Commission held on 26 March.

It was considered that the proposals would achieve a significant improvement in the provision of community and health facilities in Langley Green and Bewbush, and an improved physical environment. The Bewbush project would also include the closure of Bewbush Leisure Centre with replacement facilities being provided that better reflected local community needs.

The Overview and Scrutiny Commission had endorsed the report, and urged the Executive to accept the recommendations included therein.

RESOLVED

RECOMMENDATION 6

That the Council be RECOMMENDED to approve the recommendations set out in paragraphs 2.1, 2.2; and 2.3 of the report, subject to the budget provision referred to in recommendation 2.1.2 being “capped” at the sum stated.

Reason for Decision

The proposals set out for approval, would achieve a significant improvement in the provision of community and health facilities in Langley Green and Bewbush neighbourhoods and an improved physical environment.

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161. Review of Legal Services Division (Exempt – paragraph 1 – employees)

The Executive considered report LS/24 of the Head of Legal Services, together with an associated Addendum. The report sought approval for a restructure in legal services, that had arisen from the first stage of the Service Review, to enable the development of a future legal service that was fit for purpose in meeting the priorities of the Council, in addition to providing a better and improved service to all service clients. It was noted that it was proposed that the restructure would take effect from 1 April 2007.

The addendum to the report explained that the level of the supplementary estimate required had reduced considerably but because it was still in excess of £100, 000 the decision would normally need to be taken by full Council. However, However, Members were informed that to avoid the staff that it was proposed to make redundant being financially disadvantaged, (due to the changes in the pension regulations) that decision had to be implemented before 31 March this year. Members were informed that there was an urgency clause in budget procedure rules 4 (a) that enabled the Executive to take a decision outside the budgetary limits in the case of urgency if:- (i) it was not practical to convene a quorate meeting of the full Council; and (ii) the Chair of the Overview and Scrutiny Commission agreed that the decision was a matter of urgency. The Chair of the Commission had been consulted, and had agreed that the decision was a matter of urgency and that therefore the Executive should make the decision at this meeting.

The Executive asked that its thanks to the staff for their input into the content of the report be recorded, and particularly thanked the officers being made redundant for their excellent work on behalf of the Council.

At the request of Councillor Burrett, the Head of Legal Services undertook to provide him with a detailed breakdown of the actual redundancy costs.

RESOLVED

1. That the changes to the legal services division staffing structure as set out in paragraph 4.1 and Appendix 3 of the report be agreed

2. That the redundancy of the posts, including the redundancy and pension costs set out in paragraph 6 of the report be agreed; and

3. That a supplementary estimate in 2006/7 for redundancy and pension costs of £144,440 be agreed.

Reason for Decisions

The staffing changes were required to provide an effective streamlined service in addition to addressing the budget savings for 2007/8.

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162. Proposed Sale of Land for new fire station at Cheal’s Roundabout, Crawley (Chair Portfolio) ( Exempt – paragraph 3 – financial and business affairs)

This matter was withdrawn from the agenda.

163. Re-roofing Northgate and Three Bridges Contracts (Exempt – paragraph 3 – financial and business affairs)

The Executive considered report CH/67 of the Director of Environment and Housing which informed Members that the roofs of the houses and flats that had been built by the New Town Development Corporation during the fifties were now reaching the end of their economic life. The roofs of the properties had been a major contributory factor in many of the properties that had failed to meet the Decent Homes Standard. The contract was for the next tranche of roof renewals necessary to achieve Decent Homes Standard by 2010.

RESOLVED

That the contract be awarded to Cobsen Davies roofing Limited, on the terms set out in the report.

Reason for Decision

Cobson Davies Roofing Limited’s tender was the most economically advantageous of the three tenders received and they had in the past carried out works of a similar nature to a high standard on previously competitively tendered contracts.

164. Report of Grants Working Group – Voluntary Sector Support (Exempt – paragraph 3 – financial and business affairs)

The Executive considered joint report CTY/67 of the acting Head of Community Services and the portfolio holder for Community Engagement. The report summarised the community funding and support programme that enabled discretionary grants to be awarded as ‘community grants’. The recommendations in the report covered the annual main grants programme for awards over £750 only. A regular small grants scheme also operated for awards of £750 or less.

In 2003/4 the former Voluntary Sector Support Policy Development Group had identified a list of strategic priorities that formed part of the criteria for grant aid. The priorities of the local strategic partnership had also been included from 2004/5. At the meeting, Members agreed that a review by the Grants Working Group and Executive should take place before the

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publication of the 2008/9 Funding Policy and Criteria, and that had been included in the community services service plan.

Appraisal officers had assessed each individual application in accordance with the funding policy and criteria and had made recommendations to the Grants Working Group. The Working Group had considered 41 applications for funding. The amounts requested and the recommended level of award were set out in Appendix 1 to the report. It was noted that there were not any two year funding agreements for approval for 2007/8

A budget sum of £666,360 had been allocated for Voluntary Sector Funding Support in 2006/7 and it had not increased for 2007/8. The total provision for awards recommended by the Grants Working Group was £583,370 which left a budget for £82,990 as the contingency for appeals, the small grants scheme and local compact development.

The Head of Democratic Services informed the Executive, that the Grants Appeal Panel had met on 22 and 27 March, and had considered appeals from the following organisations and had agreed the following grants:- (i) Crawley Ethnic Minority Partnership for £15,745 for 2007/8, (ii) Crawley Citizens Advice Bureau for £141,175 for 2007/8, (iii) Horsham, Crawley, East Grinstead and District Alzheimer’s Society for £2,000 for 2007/8, (iv) Crawley Kashmiri Women’s Welfare for £1,000 subject to the Council being provided with a copy of their updated budget for 2007/8; and (v) Crawley Arts Council £1,500 subject to a satisfactory policy for Equal Opportunities and Health and Safety.

RESOLVED

1. That the allocation of grants for 2007/8 as recommended by the Grants Working Group and as set out in Appendix 1 to the report, subject to the changes agreed by the Grants Appeal Panel as detailed above be approved

2. That the officers review the funding position and activities of the Crawley Ethnic Minority Partnership (CEMP)

3. That the timetable for the allocation of grants to the Voluntary Sector for 2008/9 be revised, so that the meeting of the Grants Appeal Panel was held after the Executive meeting that considered the allocation of grants for 2008/9.

Reason for Decisions

The recommendation reflects the deliberations of the Grants Working Group at its meetings held on 25 January and 6 February 2007, and were consistent with the corporate funding policy.

165. Closure of Meeting

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With the business of the Executive concluded the Chair declared the meeting closed at 10.48pm. R A LANZER Chair

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