Agenda and minutes

Full Council - Wednesday, 14th December, 2022 7.30 pm

Venue: Committee Rooms A B & C - Town Hall. View directions

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

Items
No. Item

1.

Minute's Silence

Minutes:

The Mayor held a minute’s silence in memory of Councillor Andrew Belben who suddenly sadly passed in November 2022. The Mayor then invited representatives from each party to pay tribute.  Councillors Crow, Jones, Lanzer, Lamb, Burrett, Burgess, Pritchard, Ali and the Mayor paid their respects.

 

Councillor Tina Belben then took the opportunity to thank all those for their kind words and support over recent weeks and paid tribute to Andrew as an amazing husband and father.  Praise was offered to the IT Team who had been able to provide access to previous virtual meetings.

 

2.

Disclosures of Interest pdf icon PDF 55 KB

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

Minutes:

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

3.

Minutes pdf icon PDF 496 KB

To approve as a correct record the minutes of the meeting of the Full Council held on 19 October 2022.

Minutes:

Councillor K Khan moved a Procedural Motion 11.1d, to contest the accuracy of the minutes, and in doing so commented that, with reference to Councillors’ Question Time (page 16 of the agenda pack), elements from the response by Councillor Jones had been omitted. This was seconded by Councillor Lamb. Councillor Crow commented that minutes were not a verbatim account of any meeting and that should be recognised.  The Mayor ruled that the moved Procedural Motion d) was valid and thus called for the vote on the Procedural Motion which was subsequently carried. 

  

The minutes of the meeting of the Full Council held on 19 October 2022 were approved as a correct record, with the above amendment, and signed by the Deputy Mayor.

4.

Communications

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

 

As part of this item the Mayorwill present each of the following Councillorwith a badge commemorating their long service asa MemberofCrawley Borough Council:-

 

AWARD

NAME

  30 Years

  Councillor Burrett

  10 Years

  Councillor Peck  

  15 Years

  Former Councillor Bob Burgess

  15 Years

  Former Councillor Eade

 

The Mayor will also present a gift to each of the following former Members of the Council, who have recently ceased to hold office at May 2022 election.

 

Bob Burgess

Carol Eade

Brenda Smith

 

With regard to former Councillors Fiveash, Flack and Peter Smith, they have informed the Head of Governance, People and Performance that they will be unable to attend this meeting, and alternative arrangements have been made in terms of the receipt of their gifts or have decline to receive a gift. 

 

Minutes:

The Deputy Mayor presented each of the following Councillors with a badge

commemorating their long service as a Member of Crawley Borough Council and

thanked them for their long and dedicated service with this Authority:- 

30 Years Councillor Burrett

10 Years Councillor Peck

15 Years Former Councillor Bob Burgess

15 Years Former Councillor Eade

 

In addition, the Mayor also presented a gift to each of the following former Members of the Council, who had recently ceased to hold office as of the May 2022 election:-

 Bob Burgess

Carol Eade

 

With regard to former Councillors Fiveash, Flack, Brenda Smith and Peter Smith, they had informed the Head of Governance, People & Performance that they would be unable to attend this meeting, and alternative arrangements had been made in terms of the receipt of their gifts or they had declined to receive a gift.

5.

Public Question Time

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.

Minutes:

Questions asked in accordance with Council Procedure Rule 9 were as follows:

 

Questioner’s Name

Name of Councillor Responding

 

Janet Roskilly, Friends of Goffs Park

 

 

I would like to take this opportunity to thank the Council for conducting the recent survey on the use of the park.  I wondered when we would be receiving feedback on the consultation please and the proposals for the park?

 

Councillor C Mullins

(Cabinet Member for Wellbeing):

 

Thank you for your question. We are currently analysing the results from the survey and working on details for the proposals, including what the park will look like and what services could be included. Unfortunately, it is too early to provide any details but once all is analysed a business case will be devised and further details shared.

 

 

6.

Recommendation 1 – Review of Statement of Licensing Policy (Gambling) – Gambling Act 2005 (2023–2025)

Minutes:

The Full Council considered report CH/050 of the Head of Community Services and associated appendices A and B. In the absence of the Cabinet Member for Environmental Services and Sustainability, the Leader of the Council presented the report which detailed the outcomes of the statutory consultation on the proposed revision to the Council’s Statement of Licensing Policy. It was noted that as Crawley Borough Council was the Licensing Authority it was required under the Gambling Act 2005 to approve, following extensive consultation, a Statement of its Licensing Policy under the Gambling Act 2005 every three years If approved, the Policy would be advertised immediately and come into effect at the end of the statutory period.

 

The item had been previously considered at the Licensing Committee, Overview and Scrutiny Commission and Cabinet meetings on 7 November, 21 November and 23 November 2022 respectively. Councillor Jones moved the recommendation, which was seconded and supported by Councillor Irvine, who commented that the Policy was substantial, and stated it was positive that the revised Policy included new information about problem gambling as well as detailing the mechanisms to support those with tendencies toward unsafe or excessive gambling.  It was pleasing that the Cabinet had accepted the proposal from the Overview and Scrutiny Commission that the Council would write to the West Sussex County Council Education Service to request that anti-gambling be included within the curriculum, as concerns were raised over the ease of access children and young people had to online gambling It was also acknowledged that the Council was only responsible for the issuing of licences for premises that were covered by the Gambling Act 2005.

 

The Mayor then called for the vote on the recommendation, which was carried unanimously.

 

 

RESOLVED

 

That the Full Council be recommended to approve, adopt and authorise for publication the proposed revised Statement of Licensing Policy (Gambling) for the period 2023-2025 as set out in Appendix A of report CH/050.

7.

Recommendation 2 – Budget Strategy Mid-Year Review 2022

Minutes:

The Full Council considered report FIN/596 of the Head of Corporate Finance. The Leader of the Council presented the report which provided an update on the Council’s Budget Strategy and took the opportunity to thank the Head of Corporate Finance for her hard work and diligence.  The report acknowledged that it was very difficult to predict, because of the national picture, however additional income had been received as a result of the increase in garage rent.  Since the previous budget report in October 2022 there had been some changes, including an expected deficit of £202,000 for the next financial year (met by reserves).  The budget shortfall next year would be met from reserves, however in future years there would be a need to look at efficiencies, new income or, as a last resort, reduction in services.

 

Other changes included the challenges related to the expected cost of homelessness support which would be increased for next year to £1.4m. In addition, it was acknowledged that the pandemic recovery had been challenging for the leisure industry and that would impact the income received with regards to the K2 contract. There were proposals for two fixed term growth posts along with an additional cleansing and cleaning operative within Crawley Homes as a result of the new blocks of flats within Forge Wood.

 

In terms of Council Tax, it was acknowledged that within the Autumn Statement the Government had provided local authorities in England additional flexibility in setting Council Tax by increasing the referendum limit for increases in Council Tax to 3% per year from April 2023.  Should the Council increase Council Tax by this amount, it would receive an additional £57,000 in the next financial year to help meet the gap.

 

The item had been previously considered at the Overview and Scrutiny Commission and Cabinet meetings on 21 November 2022 and 23 November 2022 respectively. Councillor Jones moved the recommendation which was seconded and supported by Councillor C Mullins.

 

Councillor Crow then moved and presented Amendment 1 (as shown in the Supplementary Agenda Order Paper) and in doing so emphasised that it was noted that the predictions would change given the economic climate and there was a requirement for flexibility.  It was felt the capping of social housing rents at 7% instead of the planned CPI inflation figure +1% increase, would assist in the current cost-of-living pressures for social housing tenants.  The amendment was seconded by Councillor Millar-Smith.

 

Councillors C Mullins, Burrett, Lunnon, Burgess, Pritchard. Lanzer, Lamb, K Khan and Ayling also spoke on the item.

 

Councillor Jones, using their right to reply, commented that he would accept Amendment 1 and include it as part of the substantive recommendation. The Mayor then called for the vote on Amendment 1, which was carried unanimously. The Mayor then called for the vote on the substantive recommendation (including Amendment 1) which was also carried unanimously.

 

 

RESOLVED

 

That the Full Council approves the Budget Strategy Mid-Year Review 2022 and:

 

a)          agrees the growth items for both the  ...  view the full minutes text for item 7.

8.

Recommendation 3 – UK Shared Prosperity Fund

Minutes:

The Full Council considered report DCE/14 of the Deputy Chief Executive, along with the associated appendices A and B. The Leader of the Council presented the report which sought approval to receive, manage and distribute the Crawley allocation of £1m over 3 years of the UK Shared Prosperity Fund (UKSPF). The funding was weighted to the third year where £762,000 would be available for delivery and, whilst it was felt that the amount did not truly reflect the deprivation in the town, the funding was welcomed. 

 

To receive the funding, an evidence-based criteria had been used to consider performance against the UKSPF investment priorities and missions which highlighted the disparities and inequalities within the borough. This identified Bewbush, Broadfield and West Green as areas where the funding should be used. A subgroup of the Towns Board would oversee the funding and its usage, with the Council responsible for delivery and reporting, and an internal steering group would be established (comprising of Cabinet Members and Ward Councillors) to ensure inclusivity and engagement.

 

The item had been previously considered at the Overview and Scrutiny Commission and Cabinet meetings on 21 November 2022 and 23 November 2022 respectively. Councillor Jones moved the recommendation which was seconded and supported by Councillor C Mullins.

 

Councillors Crow, Irvine, K Khan, Rana and S Mullins also spoke on the item and the

recommendation.

 

Councillor Jones, using their right to reply, commented that he wanted the funding to assist in addressing the social mobility issues within the town. The Mayor then called for the vote on the recommendation, which was carried unanimously.

 

 

RESOLVED

 

That the Full Council approves the financial provision for the receipt and allocation of the UK Shared Prosperity Fund funding.

9.

Recommendation 4 – Appointment of Section 151 Officer and Interim Appointment of Acting Section 151 Officer pdf icon PDF 56 KB

To appoint the Council’s Chief Finance Officer (Section 151 Officer), following the Employment Panel held on the 5 December 2022 and the Interim Appointment of Acting Section 151 Officer – CEx/061   RECOMMENDATION 4   (To Follow)

Minutes:

The Full Council considered report CEx/061 of the Chief Executive as documented in the supplementary agenda. The Leader of the Council presented the report and commented that the Council had a statutory duty to appoint a Chief Finance Officer (Section 151 Officer), under Section 5 of the Local Government and Housing Act 1989 as one of its designated Officers. 

 

Following a successful Employment Panel on 5 December 2022, it was recommended that Carolin Martlew be appointed as Chief Finance Officer (Section 151 Officer). The Council is also required to appoint an interim Section 151 Officer, and it was recommended that Paul Windust, (Chief Accountant and current Deputy Section 151 Officer) be appointed as the Interim Section 151 Officer until the permanent Chief Finance Officer (Section 151 Officer) commenced their position, when he would revert to the role of Deputy Section 151 Officer.

 

Councillor Jones took the opportunity to wish Karen Hayes, the current Head of Corporate Finance, well in the future and looked forward to welcoming Carolin Martlew to the Council.  Councillor Jones then moved the recommendation which was seconded and supported by Councillor Crow, who also thanked Karen Hayes for her support over the years and wished her well.

 

The Mayor then called for the vote on the recommendation, which was carried unanimously.

 

 

RESOLVED

 

That the Full Council

 

a)          appoints Carolin Martlew to the positions of Head of Corporate Finance and the Council’s Section 151 Officer (Chief Finance Officer) with effect from 1 March 2023.

 

b)      approves that the Council’s Monitoring Officer be asked to amend the Council’s Constitution and the relevant Sub-Delegation Schemes to take into account the above appointment.

 

c)       appoints with effect from 20 January 2023, Paul Windust (Chief Accountant Manager and current Deputy Section 151 Officer) as the Interim Section 151 Officer until the permanent Chief Finance Officer (Section 151 Officer), commences their position, when he will revert to the role of Deputy Section 151 Officer.

10.

Recommendation 5 – Notification of Urgent Decision Protected from Call-In

In line with Call-In Procedure Rule 8.3, which is set out in the Council’s Constitution, the Full Council is required to be informed when the Chief Executive has protected a decision from Call-In.

 

The decision, which was taken by Cabinet on 23 November 2022 (report CH/198 refers), was to approve the proposal for the Council’s Warm Hub provision.  In addition, the Cabinet delegated authority to approve changes to the supply of Council warm hub provision; approve funding to the Voluntary and Community Sector (VCS) to deliver warm space provision and associated cost of living requirements from existing cost of living budgets and reserves; and negotiate, approve and complete all relevant documentation including legal requirements.  This decision was protected from Call-In as, due to the urgent timescales and the current cost of living crisis, there was a need to implement the decision prior to any severe weather/winter period.

 

 

RECOMMENDATION 5

 

The Full Council is requested to note the use of the Protection from Call-In provision in respect of the decision taken by the Cabinet relating to Warm Hubs which was taken on 23 November 2022.

Minutes:

The Leader, Councillor Jones, introduced the item which was set out on page 3 of the Agenda. The item informed the Full Council that the Chief Executive had protected a decision from Call-In (in accordance with Call-In Procedure Rule 8.3).

 

The decision, which was taken by Cabinet on 23 November 2022 (report CH/198 refers), was to approve the proposal for the Council’s Warm Hub provision.  In addition, the Cabinet delegated authority to approve changes to the supply of Council warm hub provision; approve funding to the Voluntary and Community Sector (VCS) to deliver warm space provision and associated cost of living requirements from existing cost of living budgets and reserves; and negotiate, approve and complete all relevant documentation including legal requirements. The decision was protected from Call-In as, due to the urgent timescales and the current cost of living crisis, there was a need to implement the decision prior to any severe weather/winter period.

 

Councillor Jones moved the recommendation, which was seconded by Councillor

C Mullins.

 

 

RESOLVED

 

The Full Council is requested to note the use of the Protection from Call-In provision by the Chief Executive in respect of the decision taken by the Cabinet relating to the Warm Hub provision.

11.

Councillors' Questions Time pdf icon PDF 87 KB

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.

Minutes:

Name ofCouncillor askingQuestion

Name ofCabinetMember Responding

Councillor Burgess to the Cabinet Member for Housing -

 

At the July 2022 meeting of the Full Council a petition was submitted, which in my opinion was dismissed out of hand by the Labour Group.  Our Leader, Councillor Crow, voted that housing was a big issue, and it was felt that Councillors had not been able to obtain facts or analyse information prior to the meeting and decisions were expected without evidence.  It was moved by Councillor Crow that a briefing note containing background information be provided. This was seconded by Councillor McCarthy. Unfortunately, no information was forthcoming.  Contacting the relevant officer for information about housing and the petition, I was informed a seminar on housing was due, but no seminar has been established. At its meeting in October 2022, the Full Council, Councillor Burrett raised the question again regarding the briefing note, but unfortunately again no information was forthcoming. We know from experience that you have some of the finest officers within this Council and I cannot believe they would take so long to assist with the information required and, as Cabinet Member, it is your responsibility. The Labour Group claim to be on the side of the tenants, and yet the delayed lack of response is appalling. Please can you kindly confirm when the information will be forthcoming in the form of a background paper, as requested in July, October and now December 2022? 

 

Councillor Buck

(Cabinet Member for Housing).

 

Thank you for your question. The information should have gone out in the Councillors’ Information Bulletin yesterday.

Councillor Pritchard to the Cabinet Member for Planning and Economic Development -

 

Recently we took the decision for the enlargement of Conservation Areas and I was wondering if there had been any effect of that change within my ward which covers the town centre, or any other area that is covered by the Conservation Areas?

Councillor Nawaz

(Cabinet Member for Planning and Economic Development).

 

The establishment of the new Conservation Areas is very welcome. I would like to highlight the excellent news that the recently designated town centre Conservation Area has already made a difference. It has already assisted in opposing an unwanted building development in the town centre.  There was an application for a single storey extension that unfortunately did not meet the character of the building and the location was too close to restaurants and cafes. The Government Planning Inspector dismissed that development with the main reason being the development falls into the new Conservation Area.

This is a tangible example of how the Conservation Area has restored local planning powers and will assist in preventing unwanted permitted development applications.  It provides a say for residents, and developers whilst bringing back the democratic process to the Planning Committee.  The Council and partners have successfully unlocked millions of pounds for investment in the town centre for its regeneration and the new Conservation Area allows us to insist on  ...  view the full minutes text for item 11.

12.

Receiving the Minutes of the Cabinet, Overview and Scrutiny Commission and Other Committees including Items for Debate pdf icon PDF 59 KB

To receive the minutes of the meetings of the Cabinet, Overview and Scrutiny Commission and Committees, as listed on page 37, 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.

 

Minutes:

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

 

 

RESOLVED

 

That the following reportsbe received:

·                Overview and Scrutiny Commission – 31 October 2022

·                Planning Committee – 1 November 2022

·                Cabinet – 2 November 2022

·                Licensing Committee – 7 November 2022

·                Audit Committee – 8 November 2022

·                Overview and Scrutiny Commission – 21 November 2022

·                Cabinet – 23 November 2022

13.

Items for Debate – Allocating Monies Collected Through CIL, Neighbourhood Improvement Strand – Cabinet – 2 November 2022

Minutes:

Councillor C Mullins introduced the item and explained the rationale for bringing this item for debate, and in doing so expressed his support for the report as it would assist in the play area improvement programme.  It was noted the programme was progressing.

 

Councillor Nawaz responded on this item as Cabinet Member for Planning and Economic Development and expressed his support for CIL (Community Infrastructure Levy), the funding opportunity and the fact that crowdfunding was still available. It was hoped the play area improvements would involve the installation of new equipment within the town.

14.

Items for Debate – Update Report – Extension of 11-Year Age Limit of Licensed Vehicles due to Covid-19 Pandemic – Licensing Committee – 7 November 2022

Minutes:

Councillors Rana and Sivarajah each had an interest in this item, so left the room and took no part in the debate.

 

Councillor K Khan explained the rationale for bringing this item for debate, commenting that it was important to acknowledge how the Licensing Committee had listened during the previous meeting and taken on board comments received.  The Licensing Committee had recognised the negative effects of the Coronavirus pandemic on Crawley’s licensed drivers and agreed that the Council had put in place many mechanisms to support drivers through this time. However, it was appropriate to cease the extension of the policy and revert to the original 11-year age limit for licensed vehicles.  It was hoped the decision had provided many taxi drivers the time they needed to acquire a new vehicle and the decision was unanimous.  This was a good example of the Council successfully balancing its duty to regulate the taxi trade whilst being responsive to the wellbeing of the drivers and public.  

 

Councillor Irvine responded on this item as Chair of the Licensing Committee, agreeing with Councillor K Khan and supporting the discussion at the previous Licensing Committee meeting. The item had resulted in a detailed debate, and it was important to demonstrate that taxi and hackney carriage drivers were supported as well as making sure the fleet of taxis was modern, efficient, looked good and was a credit to the town whilst ensuring vehicles remained safe and fit for purpose as the focus of the licensing regime was to enhance public safety.

 

Councillors Rana and Sivarajah returned to the meeting.

Appendix A - Declarations of Interests pdf icon PDF 58 KB