Agenda and minutes

Full Council - Wednesday, 3rd April, 2019 7.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Democratic Services  Email: democratic.services@crawley.gov.uk

Items
No. Item

Two Minutes' Silence

The Mayor asked all present at the meeting to observe a two Minute’s silence, as a mark of respect and sympathy for the victims and their families, who suffered as a result atrocities which took in New Zealand on 15 March 2019.

1.

Disclosures of Interest pdf icon PDF 36 KB

In accordance with the Council's Code of Conduct, Councillors of the Council are reminded that it is a requirement to declare interests where appropriate.

 

Minutes:

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

2.

Communications

To receive and consider any announcementsor communications.

Minutes:

The Mayor, on behalf of the Full Council wished Councillors Boxall, Cheshire, Quinn, Skudder and Tarrant all the very best for the future as they would not be standing again as Borough Councillors. He thanked them all for their service to the Town.  Councillors of both political groups took the opportunity to convey their thanks for the support provided and work undertaken throughout the years.

 

The Mayor then provided the Full Council with a brief update of the brief update of the Mayoral events he had attended since the last meeting including helping to present the restored George Hotel sign to Crawley Museum, attending Crawley Community Awards and meeting the Mayor of Madeira which helped to provide a greater understanding of the links between Crawley and Madeira together with highlighted many of the town’s assets and achievements including Tilgate Park, the town centre and Manor Royal.

 

 

3.

Public Question Time

To answerpublicquestionsunder Council Procedure Rule10.The questionsmust be on matterswhich are relevanttothe functionsofthe Council, andshould not includestatements.

 

One supplementaryquestionfrom thequestioner will be allowed.

 

Up to 30 minutesisallocatedto PublicQuestionTime.

 

Minutes:

There were no questions from the public.

 

4.

Minutes pdf icon PDF 233 KB

To approve as a correct recordthe minutesofthe meetingof the Full Council held on 27 February 2019.

 

Additional documents:

Minutes:

The minutes of the meeting of the Full Council held on 27 February 2018 were approved as a correct record and signed by the Mayor subject to the following two changes.

1. That the word “investigation’ be deleted and replaced with the word ‘investigate’ in the initial response by Councillor Lamb to the Public Question, page 6 in Minute 3 (Public Question Time).

 

2. That the first table on page 15, Minute 8 (2019/20 Budget and Council Tax -

(Recommendation 1) - Cabinet – 6 February 2019) be replaced with the table set out

below as the line in grey below was incorrect in the minutes contained in the Agenda.

 

 

2018/19

£’000s

2019/20

£’000s

2020/21

£’000s

2021/22

£’000s

Total

£’000s

Existing Programme (agrees with Q3 elsewhere on this Agenda)

 

47,933

 

65,425

 

33,777

 

4,199

 

151,334

 

 

 

 

 

 

Housing Programmed repairs Adjustment to the Budget Required (Appendix 3(i))

 

600

 

9,030

9,630

Purchase of properties (Appendix 3(i))

 

320

-1,000

1,000

320

Town Hall – prelims (para 11.2)

 

3,000

 

 

3,000

Telford Place (para 11.3) – additional HRA borrowing

 

 

 

9,000

9,000

Purchase of Investment properties

 

7,000

 

 

7,000

 

 

 

 

 

 

New Schemes

 

 

 

 

 

ICT Transformation

 

461

 

 

461

Purchase of Edinburgh House, Broadfield

 

3,500

 

 

3,500

Provision of New Integrated Housing database

 

75

400

67

542

47,933

80,381

33,177

23,296

184,787

47,933

 

5.

Items for debate (Reserved Items) pdf icon PDF 82 KB

Prior to the introduction ofthe Minutesofthe Cabinet, Overviewand Scrutiny CommissionandCommittees (ascontained in the BookofMinutes), Memberswill be given the opportunity to indicate on which items they wish tospeak.

 

TheseReservedItemswill then bethe onlymattersto bethe subject ofa debate.

 

Minutes:

Councillors indicated that they wished to speak on a number of items as set out in the following table:

 

Agenda  Page no.

Committee/

Minute no.

(and the Group reserving the item for Debate

Subject

 (Decisions previously taken under delegated powers, reserved for debate only).

 

Subject

 (Recommendation to Council, reserved for debate)

 

p.31

Governance Committee,

5 March 2019

Minute 4

 

Labour Group

 

Update Report on Standards, Including the Review of Local Government Ethical Standards by the Committee on Standards in Public Life

 

 

p.49

Cabinet,

13 March 2019  

Minute 7

 

Labour Group and Conservative Group

 

Social Mobility Scrutiny Panel Final Report

 

p.52

 

Cabinet,

13 March 2019  

Minute 7

 

Conservative Group

 

Irrecoverable Debts 2018/19

 

 

6.

Minutes of the Cabinet, Overview and Scrutiny Commission and Committees pdf icon PDF 71 KB

1)            Toreceive theminutes ofthe meetings ofthe Cabinet,Overviewand Scrutiny Commission and Committees, as listed on page 27, and set out in the appendices to this item.

 

2)            Toadopt any of therecommendationsto Full Council,which have notbeenreservedfor debate and as listed on page 27, and set out in the appendices to this item.

 

Additional documents:

Minutes:

1)            Moved by Councillor Rana (as the Deputy Mayor):-

 

 

RESOLVED

 

That the following reportsbe received:

·         Governance Committee – 5 March 2019

·         Overview and Scrutiny Commission – 11 March 2019

·         Planning Committee – 12 March 2019

·         Cabinet – 13 March 2019

·         Audit Committee – 19 March 2019

 

 

2)            Thatthe recommendationscontained inthe reportson thefollowing matters,which had not been reserved for debate, be adopted:-

 

Constitutional Amendments for Development Consent Orders and Planning Performance AgreementsGovernance Committee – 5 March 2019 (Recommendation 1)

 

The Full Council considered reportPES/315 of the Head of Planning and Economy, which had previously considered Governance Committee on       5 March 2019.

 

 

RESOLVED

 

That the Full Council to approve the following changes to the Constitution:

 

a)     An additional responsibility for decision making be allocated to the Planning Committee (with a presumption that the matter be recommended to Full Council unless timescales were prohibitive): “Where a Written Representation is to be provided to a Development Consent Order Application Process, if the Council is a host authority”;

 

b)     That all other responses, decisions and actions during the Development Consent Order application process including The Examination are delegated to the Head of Economy and Planning;

 

c)     That the negotiation and completion of development consent obligations (Section 106 planning agreements) are delegated to the Head of Economy and Planning;

 

d)     That any subsequent responses to non-material and material changes are delegated to the Head of Economy and Planning;

 

e)     That decisions on the discharge of Requirements are delegated to the Head of Economy and Planning;

 

f)      That power to take enforcement action under Part 8 of The Planning Act 2008 is delegated to the Head of Economy and Planning and The Head of Legal, Democracy and HR;

g)     That Planning Performance Agreements are negotiated and agreed by the Head of Economy and Planning

 

 

Changes to the ConstitutionGovernance Committee – 5 March 2019 (Recommendation 2)

 

The Full Council considered reportLDS/149 of the Head of Legal, Democracy and HR, which had previously considered Governance Committee on 5 March 2019.

 

 

RESOLVED

 

That the Full Council to approve the following changes to the Constitution:

 

 

Function

 

Proposed amendment

 

Where appropriate:

·        Deleted wording is shown as crossed through

·        Additional wording is shown in bold

 

Reason for amendment

Part 3: Scheme of Delegation - Terms of Reference: General Conditions (Page 55)

 

(Iain Pocknell)

Add the following wording to the beginning of the Scheme of Delegation - Terms of Reference: General Conditions:

 

Reference to any EU legislation will be taken to include any such transitional arrangements and/or legislation put in place in relation to Brexit”.

 

To ensure that officers’ powers are in place from 29th March 2019 (intended date of Brexit).

 

7.

Update Report on Standards, Including the Review of Local Government Ethical Standards by the Committee on Standards in Public Life - Governance Committee, 5 March 2019

Minutes:

 

Councillor Thomas, on behalf of the Labour Group, stated that the rationale for bringing forward this item.  It was believed that it was a matter of public record that two complaints had been made against Councillors which had been upheld and sanctions applied.  It was questioned whether sanctions were applied and adhered to by those whom against the complaints were made.  In response Councillors Lunnon as Chair of the Governance Committee which oversees the standards process confirmed that a report had been provided on Councillors who had breached the code of conduct since the new system had been in place. This had been published in the council’s Councillor’s Information Bulletin. Whilst Councillor Lunnon could not provide all the details he hoped that all Councillors would agree to the findings of the Independent Person given their balanced view and judgement.

8.

Social Mobility Scrutiny Panel Final Report - Cabinet, 13 March 2019

Minutes:

Councillor Sudan, on behalf of the Labour Party, explained the rationale for bringing forward this item for debate. She thanked the Panel Members and officers for their work undertaken on scrutiny review which was acknowledged as having a broad scope.  The Panel had focused on where it could add value to improve the life changes of those growing up in the town.  It was hoped the recommendations addressed some of the concerns around the low level of social mobility and assisted in achieving success in whatever way it could be achieved for individuals.

 

Councillors Guidera, Thomas, Lanzer and P. Smith also spoke on the subject.

 

Councillor Lamb responded on this item adding that he had requested the Scrutiny Review following the Government’s Social Mobility Commission highlighted the borough as the worst in the South East. He commended the work of the Panel and Officers, focusing on where the Council can add value and influence, with particular attention on where there has been impact on people’s lives.  It was recognised that the successful delivery of many of the recommendations would require co-operation, effort and effective communication between CBC, WSCC and the business and voluntary sector.

 

9.

Irrecoverable Debts 2018/19 - Cabinet, 13 March 2019

Minutes:

Councillor Crow, on behalf of the Conservative Group, explained the rationale for bringing forward this item for debate. Councillor Crow expressed concern for the large amounts shown within the report and questioned what measures could be used earlier in the process.

 

Councillors Tina Belben also spoke on the subject. 

 

Councillor Lamb responded on this item and mentioned that it was a known fact that retail was a struggling industry and whilst items unfortunately occasionally had to be written off the council had one of the best recovery rates in the country. 

 

10.

Notice of Motion 1- Helping Vulnerable Crawley Families Motion pdf icon PDF 68 KB

To consider, in accordance with Council Procedure Rule 13, the following Notice of Motion to be moved by Councillor Lamb and seconded by Councillor Jones

Minutes:

The Council considered the Notice of Motion 1 ‘Helping Vulnerable Crawley Families Motion ‘as set out in the Full Council’s agenda. The Motion was moved and presented by Councillor Lamb and seconded and supported by Councillor Jones.

 

During the debate on the Motion Councillors Thomas, Quinn, Cheshire, and Sudan all spoke in support. Councillor Lamb also used his right to reply to speak at the end of the debate.

 

 

RESOLVED

 

Crawley Borough Council notes:

·                That since 2012, ‘Think Family’ has provided key worker support to vulnerable families to prevent families breaking down and children being taken into care.

·                That between 2012 and 2020 it is projected over 5,000 families will have made significant and sustained progress, many based here in Crawley.

·                That the West Sussex County Council report ‘Evaluating The Impact of The National Troubled Families Initiative (Think Family)’ of May 2018 concluded that all the data showed that Think Family clearly ‘improves sustainable outcomes.’

·                That on the financial cost alone, the costs of preventing family breakdown are far smaller for the public sector as a whole than allowing the collapse of vulnerable families and the multi-agency costs created. The human cost is greater still.

 

Crawley Borough Council further notes:

·                That West Sussex County Council has recently approved £4.9m to be cut from ‘Integrated Prevention and Earliest Help’, the budget Think Family is funded from.

·                That public services require money to function.

 

Crawley Borough Council calls upon:

·                West Sussex County Council to commit to maintaining Think Family funding, enabling vulnerable Crawley families to stay together.

 

11.

Councillors' Written Questions pdf icon PDF 95 KB

To answer Councillors’ writtenquestionsunder Council Procedure Rule 11.3.

 

Minutes:

Councillors’ written questions, together with the answers, were published in advance of the start of the Meeting. The questions were as follows:-

 

Questioner                    Councillor Crow

Addressed to                 Cabinet Member for Planning and Economic Development

Subject(s)                     Expenditure and allocation of Section 106 monies

 

Questioner                    Councillor Eade

Addressed to                 Cabinet Member for Planning and Economic Development

Subject(s)                     Vandalism of the water feature in Queens Square

 

Questioner                    Councillor Crow

Addressed to                 Cabinet Member for Housing

Subject(s)                     Impact of the Spare Room Subsidy – It was noted that the 

                                      published response missed out the years referenced (2014 – 

                                     2018).

 

 

 

 

12.

Announcements by Cabinet Members

Anopportunityfor CabinetMembersto report verbally (ifnecessary)on issuesrelating totheirPortfolio not covered elsewhere on the agenda.

 

Minutes:

Cabinet Member

Subject

 

Councillor Thomas – (Cabinet Member for Environmental Services and Sustainability).

 

Informed the Full Council that the names of new streets and houses in Phase 2c of Forge Wood would be named in honour of those in Lowfield Heath that lost their lives in the First World War. 

 

The individuals were commemorated on the Roll of Honour which previously existed in the St Michael and All Angels Church at Lowfield Heath, part of the countryside closest to Forge Wood.

 

 

13.

Questions to Cabinet Members

To answer questionsto CabinetMembersunder Council Procedure Rule 11.2.

 

Up to 15 minutesisallocatedfor questionsto CabinetMember

Minutes:

Name ofCouncillor askingQuestion

Name ofCabinet Member Responding

Councillor Quinn to the Cabinet Member for Environmental Services and Sustainability

 

How many Fixed Penalty Notices have been issued in Queens Square?

 

Councillor Thomas

(Cabinet Member for Environmental Services and Sustainability)

 

Since 25 March 2019 there have been 13 fixed penalty notices issued. If individuals pay within a certain time the amount is reduced otherwise full amount is £80

 

Councillor Jaggard to the Leader of the Council

 

Whilst researching on the internet there are a couple of publicly available documents (Construction Enquirer May 2018 and Commercial News Media June 2018), which state that the council is in partnership with Westrock for a £150m mixed use centre development. Bearing in mind the public have been informed on numerous occasions that the town hall part will be free, please can the Cabinet Member confirm how much of the £150m is going to be paid for by residents?

 

Additionally it mentions that the redevelopment building contract will not be subject to open tender and has been awarded directly to a company called Haywards Heath Investments which is an offshore company based in Madeira.  Can we be reassured that the absence of competition is not going to cost us more than is necessary?

 

Councillor Lamb –

(Leader of the Council)

 

I wouldn’t believe everything you read on the internet.  In terms of the exclusivity agreement, all documents have been signed in line with all council written policies.  I do resent your attempts to bring incorrect figures into the public domain.

Councillor Irvine to the Cabinet Member for Planning and Economic Development

 

Could the Cabinet Member comment on the amount of private investment that has taken place in Queens Square since the work has taken place there?

 

Councillor P Smith –

(Cabinet Member for Planning and Economic Development)

 

The infrastructure investment in Queens Square has been somewhat intangible to measure.  However the total cost of the Queens Square regeneration was £3.2m whereas the investment return has been approximately £31m. 11 businesses have invested into the town with 141 additional jobs being provided in Queens Square.  The Square has also attracted additional footfall and visitors.

 

Councillor Burrett to the Leader of the Council (in the absence of the Cabinet Member for Wellbeing)

 

There is currently a large play area in Grattons Park which serves numerous residents.  This play area was built in 2006 but has not been refurbished and is not currently on the development programme.  Given the large number of the population that it covers and given equity across the town with other play areas being upgraded, would the Cabinet Member please look at the refurbishment programme and upgrading any of the equipment in line with other major neighbourhood play areas across the town?

 

Councillor Lamb –

(Leader of the Council).

 

I am quite happy to look at the play area. We are looking to upgrade all play areas but there is a list of priority areas.

There is also S106 money coming

In, that  ...  view the full minutes text for item 13.

14.

Questions to Committee Chairs

To answer questionsto Committee Chairs.

 

Up to 15 minutesisallocatedfor questionsto CommitteeChairs.

 

Minutes:

Nameof Councillorasking Question

Nameof Committee ChairResponding

Councillor Peck to the Chair of the Planning Committee.

 

On 13 February a letter was sent to NCP following a refusal at Planning Committee to refuse signage at Crosskeys Car Park.  NCP were given 28 days to remove the signage.  Just before the deadline NCP submitted a pre application providing them another 28 days.  After this 28 days pre application period NCP submitted a full application which would give them a further 28 days to determine whether the signage is to be allowed or not.

 

What is being done to stop NCP abusing Planning rules by erecting or installing street furniture without permission?  Does Councillor Irvine agree with me that Crawley residents that are using NCP car parks deserve a better level of service and the owners of the car parks should be notified of the breaches as this car park is now known to be in administration and could cause harm should NCP be refused signage for the second time which could have financial implications?

 

Councillor Irvine –

(Chair of the Planning Committee)

 

Thank you for raising this item.  I will feedback your concerns to the Planning Department and ask them to reply.

 

Councillor Peter Smith –

(Cabinet Member for Planning and Economic Development)

 

I can assure you that the administration of the council’s Planning Policy by Development Management is totally in accordance with the rules of the law.  They are working very closely with NCP to resolve with issues and you are aware we have already rejected one application.

At all times Development Management works fairly on behalf of residents and applicants.

Councillor McCarthy to the Chair of Licensing Committee

 

Regarding the consultation on the taxi livery, to you appreciate the frustrations of the local taxi industry and apparent lack of progress? What actions are being taken to resolve this matter and when is the report expected to come to Licensing Committee?

 

Councillor Pickett –

(Chair of the Licensing Committee)

 

The next Licensing Committee is on 5 June and I understand that is when the report will be presented.  In the meantime I understand a copy will be circulated to all license holders within the town so they can comment further on the report. I haven’t seen it.

Councillor Crow to the Chair of Licensing Committee

 

Following on from Councillor McCarthy’s question, is the June Licensing meeting when Councillors will first see the report?

Councillor Pickett –

(Chair of the Licensing Committee)

 

I don’t know to be honest. The report was first sent to Counsel to seek advice as to its reporting route. We only received the advice yesterday but Counsel advised that it should come back to the Committee as it instigated the reporting process.

 

 

 

 

Appendix A Declarations of Interest.

 

Councillor

Item

Meeting and  Minute

Type and Nature of Disclosure

 

Councillor

F Guidera

Employment & Skills

Programme 2019-2024

Overview and Scrutiny Commission, 11 March 2019

Minute 4, page 36

Personal Interest –

Recent employment with company who has contract with the Work and Health Programme

 

Councillor

P Smith

Employment & Skills

Programme 2019-2024

Overview and Scrutiny Commission, 11 March 2019

Minute 4, page 36

Personal Interest – a Local Authority Director of the Manor Royal Business Improvement

District.

 

Councillor

R Burrett

 

Social Mobility Scrutiny Panel Final Report

Overview and Scrutiny Commission, 11 March 2019

Minute 5, page 37

 

Personal and Non-Prejudicial Interest as Cabinet Member for Education and Skills at West Sussex County Council

 

Councillor

D Crow

Social Mobility Scrutiny Panel Final Report

Overview and Scrutiny Commission, 11 March 2019

Minute 5, page 37

 

Personal Interest –

Member of WSCC

Councillor

R Lanzer

Social Mobility Scrutiny Panel Final Report

Overview and Scrutiny Commission, 11 March 2019

Minute 5, page 37

 

Personal Interest –

Member of WSCC

Councillor

M Jones

Social Mobility Scrutiny Panel Final Report

Overview and Scrutiny Commission, 11 March 2019

Minute 5, page 37

 

Personal Interest –

Member of WSCC

Councillor

R Burrett

 

Social Mobility Scrutiny Panel Final Report

Cabinet

13 March 2019

Minute 7, page 4

Personal and Non-Prejudicial Interest as Cabinet Member for Education and Skills at West Sussex County Council

 

Councillor

G Thomas

CR/2018/0079/FUL

Car Park, The Broadway and St Johns Hall, High Street (South of Cross Keys),

Northgate, Crawley

Planning Committee

12 March 2019

Minute 4, page 42

 

Personal Interest – Was a Council nominated member on the Central Crawley Conservation Area Advisory Committee, who had submitted a representation in relation to the application. He did not recall attending a meeting where the application had been discussed.

 

Councillor

G Thomas

CR/2018/0546/OUT

3-7 Pegler Way,

West Green, Crawley.

Planning Committee

12 March 2019

Minute 4, page 42

 

Personal Interest – Was a Council nominated member on the Central Crawley Conservation Area Advisory Committee, who had submitted a representation in relation to the application. He did not recall attending a meeting where the application had been discussed.

 

Councillor

P Smith

Employment & Skills

Programme 2019-2024

Cabinet

13 March 2019

Minute 6, page 48

Personal Interest –  a Local Authority Director of the Manor Royal Business Improvement

District.

 

Councillor

I Irvine

Fraud and Investigation Team Report

Audit Committee

19 March 2019

Minute 3, page 56

Personal Interest – he had received a Council Tax Single Person Discount data match letter

 

Councillor

M Jones

Notice Of Motion 1 – Helping Vulnerable Crawley Families Motion

 

Full Council,

3 April 2019,

Agenda item 9,

page 59

 

Personal Interest –

Member of WSCC

Councillor

R Burrett

 

Notice Of Motion 1 – Helping Vulnerable Crawley Families Motion

 

Full Council,

3 April 2019,

Agenda item 9,

page 59

 

Personal Interest –

Member of WSCC and Non-Prejudicial Interest

Councillor

R Lanzer

 

Notice Of Motion 1 – Helping Vulnerable Crawley Families Motion

 

Full Council,

3 April 2019,

Agenda item 9,

page 59

 

Personal and Prejudicial Interest

Member of WSCC Cabinet.

Councillor

F Guidera

Questions to Cabinet Members

Full Council,

3 April 2019,

Agenda item 12.

 

Personal Interest –

Family member attends St. Wilfred’s