Agenda and minutes

The Mayor held a minute’s silence in memory of former Councillor Doug Mayne who sadly passed in May 2022. The Mayor then invited representatives from each party to pay tribute.  Councillors C Mullins, Burrett and Jones paid their respects.

The Mayor then held further a minute’s silence in memory of former Councillor Mike Pickett who sadly passed a week prior. The Mayor then invited representatives from each party to pay tribute.  Councillors Jones, McCarthy, Rana and K Khan paid their respects with touching tributes.

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

The disclosures of interests made by Councillors are set out in Appendix A to these minutes.

To approve as a correct record the minutes of the meeting of the Full Council held on 27 May 2022.

The minutes of the meeting of the Full Council held on 29 May 2022 were approved as a correct record and signed by the Mayor.

To receive and consider any announcements or communications, including any additional Cabinet Member announcements.

The Mayor updated the Council on events since the last meeting, which included various Jubilee events, the opening of the new Open House Resource Centre, and Armed Forces Day.  The presentation of long service badges and gifts to retired councillors would take place at the next ordinary meeting of the Full Council, along with the induction of the Youth Mayor and Deputy Mayor.

In other communications, Councillor Jones took the opportunity to convey his thanks to all Council staff who had continued to work during the recent record-breaking heatwave. It was noted this had been unprecedented and residents should continue to take care during hot conditions. 

Councillor Nawaz also communicated that the town’s economy had started to recover and improve and had been noted as being in the top 10% of the country.  The continental market was returning to the town the following week, and this was welcomed.

To answer public questions under Full Council Procedure Rule 1.1-E.  The questions must be on matters which are relevant to the functions of the Council, and should not include statements.

One supplementary question from the questioner will be allowed.

Up to 30 minutes is allocated to Public Question Time.

To consider report LDS/187 of the Head of Governance Performance and People as the Council’s Petition Officer

The Full Council considered a petition which had been received by the Council’s Petitions Officer. As the petition contained over 1,000 valid signatures it was required to be debated by the Full Council. The petition stated as follows – “We, the undersigned, are appalled at Crawley Borough Council’s decision to charge council tenants so-called affordable rents at the maximum 80% of the market rate. This policy is causing unnecessary hardship and must be scrapped. Instead, we call upon the Council to borrow the money to build council houses at rents comparable to existing stock and use housing cooperatives to reduce the cost.”

The Petition related to a responsibility of the Cabinet, and as such the Cabinet was required to take the final decision.  The Full Council was to consider the petition and decide whether or not to make recommendations to inform the Cabinet’s decision.

The Mayor reminded councillors that the Constitution limited debates on petitions to 30 minutes per meeting. Robin Burnham, the Principal Petitioner, presented the petition to the Full Council (a summary of the presentation is attached as Appendix B to these minutes).

Councillor Jones, the Leader of the Council, addressed the meeting and thanked the Principal Petitioner for submitting the petition.  The following points were made:

Whilst sympathising with many of the sentiments within the petition, as of 31 March this year (including shared ownership), there were 8,071 properties, of which only 326 were charged at the affordable rate instead of the social rate.  It was noted this was a small amount of the Council’s stock, approximately 4%. The rest, existing tenants and any voids were all charged at the social rate. Even with the new units being built these were not all charged at the affordable rate with all of the new homes at Forge Wood being let at social rent rate. The Council has one of the best records in the country for bringing council housing forward. Whilst not an exhaustive list, the Council had new home developments in Breezehurst Drive, Forge Wood, the old Council depot, Bridgefield House, Apex Apartments, Dobbins Place and there were more to come. It was hoped the retrofitting for water neutrality would allow more homes in the near future as well.  It was acknowledged there were restrictions around right to buy receipts and government grants, and yet still homes were being able to be delivered. Councillor Jones thanked the officers for assisting the housing delivery programme.

None of the issues within the petition leave the Council with enough money to reduce the rent without taking it straight out the repairs budget for other tenants, who would then be subsidising all of the tenants in the affordable units too.  It would also mean that many of the important environmental implications to tackle the climate emergency would not be able to go ahead and the Council needs to action these within its housing stock. Most of the issues can only be addressed by central government but the Council still  ...  view the full minutes text for item 6.

Councillor Lamb as the Chair of the Governance Committee introduced the item to the Full Council, which proposed to extend the current Councillors’ Allowances Scheme, which was due to end on 31 March 2023, to cease on the day of the next Annual Meeting of the Full Council (currently scheduled for 26 May 2023). Councillor Bounds seconded the recommendation.

RESOLVED

The Full Council approves an extension the current Councillors’ Allowances Scheme, to ceases on the day of the next Annual Meeting of the Full Council (currently scheduled to take place on 26 May 2023).

Councillor Jones introduced reports HCS/41 and HCS/41a of the Head of Community Services which reviewed the findings of the consultation and considered the options for implementing a Public Space Protection Order named ‘keep your dog on a lead in Tilgate Park’ which had been considered at the Overview and Scrutiny Commission meeting on 4 July 2022 and the Cabinet meeting on 6 July 2022. In presenting the item, it was explained that the Cabinet decision was not to endorse a recommendation and instead recommend that a full discussion took place at the Full Council meeting to enable the decision to be made with all options available. Councillor Jones commented that unfortunately, there had been issues within the park, and it was important to consider an option to restrict dogs where incidents had taken place or where activities occur (such as the golf course) to ensure the safety of both users and dogs.  He emphasised that there was not a proposal for a complete ban on dogs within the park but a fair and reasonable approach, which offered a compromise.  Whilst non-dog owners were the minority responding to the consultation, they were clearly the majority of those who use the park and the proposal needed to reflect all park users. It was important to acknowledge that the decision can be reviewed, and it would be important for this to be analysed. Councillor Jones then moved the technical amendment following legal advice, as detailed in Agenda 14 in the Supplementary Agenda together with the proposed ‘Option X’ as Agenda 15 in the Supplementary Agenda, which were both seconded by Councillor C Mullins.

The Mayor then invited Councillor Crow to address the Full Council. Councillor Crow moved and presented the Furnace Green & Maidenbower Councillors’ amendment, (as shown as ‘Option 3’ in the Supplementary Agenda Order Paper).  In doing so, Councillor Crow commented that it was an important decision and one that should be taken seriously.  The golf course perimeter paths and woodland areas were far from the course greens and there was concern regarding access from the Tilgate and Maidenbower areas.  The paths were designated public rights of way and whilst it was acknowledged there were issues in the central area of Tilgate Park it was believed that option 3 was a more considered and proportionate alternative.  It was added that the additional enforcement requirements for the golf course area may preclude that required for the main core area around the lake and lawn area. The amendment was seconded by Councillor McCarthy.

The Mayor then opened the debate on the report and the amendments.  The following points were raised by councillors during the debate.

Councillor Lunnon supported the introduction of the PSPO but acknowledged any PSPO would be difficult for officers to enforce.

Councillor T Belben emphasised that the item was before Full Council following a resident’s petition. There had been many instances of dog-on-dog attacks, as well as on wildlife within Crawley’s parks, and there should be a response to  ...  view the full minutes text for item 8.

As the business of the meeting had not been completed within the scheduled two hours and 30 minutes, a vote on continuation in line with Council Procedure Rule 8.3 was held. The Mayor required the Full Council to consider if it wished to continue with the meeting.

Having put it to the vote, the Council agreed that the meeting be continued for an additional period not exceeding 30 minutes.

Following the agreement of the Full Council to continue the meeting, the Mayor restarted the discussion on the proposed PSPO.

Councillor C Mullins then spoke on the proposals. Given the amount of green space within the borough it was welcomed that individuals and dog walkers took the opportunity to visit other parks within the town.  There has had to be a recognition of all visitors to the park and where issues have occurred in certain areas. Safety has been considered for the wildlife, public as well as the dogs themselves.  The Council wishes to work with dog owners and engage with them further going forward.

With no further speakers the Mayor invited Councillor Jones to use his right to reply. It was noted that there were few PSPOs within the town and each decision to implement had been taken seriously.  Safety was the key factor to be considered and there had been incidents including those related to activities on the golf course.  It was felt that a repeat consultation would not necessarily change the overall response and would create further delay.  It was emphasised that dogs were not to be banned from the park but merely to be on-lead in certain areas as set out in the proposals and this could be reviewed within the three year period.

Following the conclusion of the debate on the proposed PSPO, the Mayor called for an adjournment to seek advice from the Monitoring Officer over the voting process to be used for this item.

On resumption of the meeting the Mayor confirmed the approach to be used for the various votes on the amendments/options before the Full Council. The first vote would be on the technical amendment contained within the Supplementary Agenda Order Paper, followed by a vote on the tabled amendment moved by Councillor Lanzer that a further consultation be held on the agreed PSPO. The final vote would be a straight vote between the two options for the proposed PSPO, namely Councillor Jones’ moved option X or Councillor Crow’s moved option 3 and this vote would be held as a recorded vote.

The Mayor called for a vote on the technical amendment of the replacement to paragraph 8 of the draft PSPO order contained on page 111 of the agenda, with the revision contained within the Supplementary Agenda Order Paper. The amendment was carried unanimously.

The Mayor then called for a vote on Councillor Lanzer’s proposal that the Council goes out to further consultation on the option including the maps that Full Council approve for the PSPO. With 11 votes for, 19 against, and 1 abstention, the amendment fell and was not carried.

Finally the Mayor called for a recorded vote on options X and 3 and invited the Democracy and Data Manager to commence the recorded voting process.

For Option X – (with the restricted area covering main lake, Peace Garden and lawn area and golf course within Tilgate Park)

Councillors: Ayling, T Belben, Buck, Burgess, Hart, Irvine,  ...  view the full minutes text for item 10.

As the business of the meeting had not been completed within the additional period of 30 minutes after the vote on continuation, a vote on a further 30 minute continuation in line with Council Procedure Rule 8.3 was held. The Mayor required the Full Council to consider if it wished to continue with the meeting.

Having put it to the vote, the Council agreed that the meeting be continued for an additional period not exceeding 30 minutes.

Following the agreement of the Full Council to continue the meeting, the Full Council considered report FIN/572of the Head of Corporate Finance on the Quarter 4 Budget Monitoring, which set out a summary of the Council’s outturn for both revenue and capital spending for the financial year 2021/22. It identified the main variations from the approved spending levels and any potential impact on future budgets.

Councillor Jones moved the report.  Councillor Jhans seconded the report and in doing so spoke on the recommendation.

Councillor Crow also spoke on the recommendation.

RESOLVED

The Full Council approves the transfers of reserves as outlined in Section 10 of report FIN/572.

The Mayor informed the Full Council that it was the intention to hold the discussion on recommendation 4 - Water Neutrality Off-Setting Programme (report CH/197 of the Head of Crawley Homes) from the Cabinet held on 6 July 2022 in open public session (Part A), noting that the report was an exempt (Part B) report.

The Full Council considered report CH/197  of the Head of Crawley Homes that sought the transfer of £170,000 from existing capital budgets, using existing capital funding, to create a new budget for water neutrality works for Crawley Homes properties. This followed the Cabinet decision to implement a retrofitting programme of Council-owned housing stock aimed at reducing water consumption to provide sufficient water offset to support selected new-build affordable housing developments.

Councillor Jones moved the report.  Councillor Buck seconded the report and in doing so spoke on the recommendation.

Councillor Crow also spoke on the recommendation.

RESOLVED

The Full Council approves the transfer of £170,000 from existing capital budgets, using existing capital funding, to create a new budget for water neutrality works on Crawley Homes properties as outlined in paragraph 5.2 c) in report CH/197.

To consider report LDS/188 of the Head of Governance People and Performance as the Council’s Monitoring Officer.

The Full Council considered report LDS/188 of the Head of Governance, People & Performance (as the Council’s Monitoring Officer), which sought the re-appointment for a further two year term of Mr Peter Nicolson as one of the Council’s Independent Persons. Councillor Jones moved the report which was seconded by Councillor C Mullins.

Councillor Crow also spoke on the item and endorsed the nomination of Mr Nicolson.

RESOLVED

That Mr Peter Nicolson be appointed for a further two years until July 2024.

To consider, in accordance with Full Council Procedure Rule 1.1-H, the following Notice of Motion to be moved by Councillor Jones and seconded by Councillor Lamb.

The Full Council considered the Notice of Motion – Motion to Restore

Decency In Public Life – as set out on page 21 of the agenda.

The Motion was moved and presented by Councillor Jones and in doing so gave further explanation of the reasoning behind the Motion.

Councillor Lamb seconded the Motion and also moved a Procedural Motion 11.1 m), That the item/issue now be voted upon – (specifically immediately ending the debate on the Notice of Motion and hold the vote on the Motion), which was seconded by Councillor Lunnon.

The Mayor ruled that the moved Procedural Motion m) was valid and thus called for the vote on the Procedural Motion. A recorded vote was requested and the Mayor invited the Democracy and Data Manager to commence the recorded voting process.

For:

Ayling, Buck, Hart, Irvine, Jhans, Jones, K Khan, Y Khan, Lamb, Lunnon, Malik,

C Mullins, S Mullins, Nawaz, Noyce, Pritchard, Raja, Rana and Sivarajah (19)

Against:

Ali, A Belben, Bounds, Burrett, Crow, Jaggard, and Lanzer. (7)

Abstentions: (0)

RESOLVED

That the item/issue now be voted upon – (specifically immediately ending the debate on the Notice of Motion and then hold the vote on the Motion).

The Mayor called for the vote on the Notice of Motion – Motion to Restore

Decency In Public Life. A recorded vote was requested and the Mayor invited the Democracy and Data Manager to commence the recorded voting process.

For:

Ayling, Buck, Hart, Irvine, Jhans, Jones, K Khan, Y Khan, Lamb, Lunnon, Malik,

C Mullins, S Mullins, Nawaz, Noyce, Pritchard, Raja, Rana and Sivarajah (19)

Against:  (0)

Abstentions: (0)

RESOLVED

This Council notes:

That within the United Kingdom, every elected representative, from the Prime Minister to a parish councillor, is expected to honour the Seven Principles of Public Life: principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

That Boris Johnson at numerous points during his term as Prime Minister has failed to meet all seven of these fundamental principles.

That he was shown to have misled the Queen in seeking the unlawful prorogation of Parliament.

That he has enabled ministers to remain in office despite breaches of the ministerial code, leading to the resignation of his first Ethics Advisor.

That during his administration, the Government has faced repeated accusations of cronyism, from the awarding of contracts and peerages to Conservative donors and close associates, including widely reported abuses of the fast-track procurement process through the pandemic costing taxpayers billions of public money.

That the Electoral Commission found him to have broken electoral law around the refurbishments of his Downing Street flat.

That he enabled ministerial colleagues and advisors to remain in office despite breaking rules designed to stop the spread of a deadly pandemic. Rules which were followed by the people and businesses in Crawley, not only resulting in huge personal sacrifices but greater damage to the town’s economy than that of any other in the country.

That after widespread flouting of these same rules at  ...  view the full minutes text for item 15.

To receive the minutes of the meetings of the Cabinet, Overview and Scrutiny Commission and Committees, as listed on page 21, and set out in the appendices to this item and to debate any Reserved Items contained within those Minutes.

NB:  In advance of the meeting Political Groups can identify any items they wish to debate as a Reserved Item.  These Reserved Items will then be the only matters to be the subject of debate.

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

RESOLVED

That the following reportsbe received:

·         Planning Committee – 4 April 2022

·         Planning Committee – 25 April 2022

·         Planning Committee – 6 June 2022

·         Overview and Scrutiny Commission – 13 June 2022

·         Licensing Committee – 20 June 2022

·         Governance Committee – 21 June 2022

·         Overview and Scrutiny Commission – 4 July 2022

·         Cabinet – 6 July 2022

To receive the Returning Officer’s report on the results of the Southgate Borough  By-Elections held on 9 June 2022, CEx/58.

The Council received the Returning Officer’s report on the results of the Southgate  Borough By-Election, held on 9 June 2022.

There will be a maximum of 30 minutes for Councillors’ Question Time (CQT). Councillors may ask questions relating to either a portfolio issue or with regard to the functions delegated to a Committee.

There are two methods for Councillors asking questions:

1.     Councillors can submit written questions in advance of the meeting and written answers will be provided on the evening of the Full Council.

2.     Councillors can also verbally ask questions during the CQT.

Councillors have the opportunity to ask oral supplementary questions in relation to either of the methods above.

The Council noted the responses provided to the submitted written councillors’ questions as contained within the Order Paper.

The Mayor informed the Full Council that as the business of the meeting had not been completed by 11.00pm, and in line with Council Procedure Rule 8.4, the guillotine must fall and the meeting was to end.

It was noted that Councillors’ Question Time was unable to be fully completed and the only other item on the agenda that was unable to be dealt with following the falling of the guillotine was Agenda Item 11 – Receiving the Minutes of the Cabinet, Overviews and Scrutiny Commission and Other Committees, specifically Items For Debate – Telford Place Land Proposal (Part B Item), Property Acquisition to Increase the Council's Portfolio of Temporary Accommodation (Part B Item), Proposed Tender for works contractor (Part B Item).  All of these items were from the meeting of the Cabinet held on 6 July 2022

The Mayor closed the meeting.