Agenda and minutes

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 26 May 2023.

The minutes of the meeting of the Full Council held on 26 May 2023 were approved as a correct record and signed by the Mayor, subject to the following amendment to Appednix A of minute 9

That on page 17 of the minutes, paragraph 1.3.1 be changed to read

‘1.3.1   The Leader has appointed the Cabinet Member for Planning and Economic Development as Deputy Leader of the Council.’

Replacing

‘1.3.1. The Leader has appointed the Cabinet Member for Leisure and Wellbeing as Deputy Leader of the Council.’

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.

The Mayor updated the Council on recent events. At the last Full Council meeting, she had the privilege of being elected as Crawley Mayor for a second term. The very next day she took part in a Diverse Crawley event as well as meeting the Portuguese community at Bernadette’s Church.   More recently she was invited to Armed Forces Day with representatives from 4PWRR, cadet forces and the 4FVBC which is the Mayor’s charity for this year.  The Mayor was invited to Metrobus depot in Crawley to witness the launch of the Metrobus hydrogen fleet of buses, followed by a trip to the Apple Tree Centre to open the indoor cricket nets – the only ones in Crawley.  The Mayor conveyed thanks to the Council for putting its faith in her again this year.

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

The Full Council considered report HCS/062 / LDS/204of the Head of Community Services and Head of Governance, People & Performance, as set out in the supplementary agenda. Councillor Lamb as Chair of Governance Committee introduced the item which summarised a number of proposed changes to the functions of the Licensing Committee set out in the Council’s Constitution, which aimed to clarify and streamline the decision-making process. Appendix A to the report provided detail on each of the proposed additions, amendments, or deletions.

The recommendation was seconded and supported by Councillor Bounds.

Councillor Ashraf as Chair of Licensing Committee also spoke on this item.

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

RESOLVED

That the Full Council be recommended to amend the Licensing Committee functions as set out in Appendix B to these minutes.

The Full Council considered report FIN/623of the Head of Corporate Finance. Councillor Jones as Leader of the Council presented the report on the quarter 4 budget monitoring, which set out a summary of the Council’s outturn for the year for both revenue and capital spending for the financial year 2022/23. It identified the main variations from the approved spending levels and any potential impact on future budgets.

The recommendation was seconded and supported by Councillor Nawaz.

Councillor Crow also spoke on this item.

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

RESOLVED

That Full Council approves

a)      the transfers of reserves as outlined in section 10 of report FIN/623.

b)      a supplementary capital estimate of £160,000 for the repair of 49/51 High Street to be funded from capital receipts (para 8.12 of report FIN/623).

The Full Council considered report HCS/058of the Head of Community Services.  Councillor Jones as Leader of the Council presented the report, which stated that the current PSPO which prohibits alcohol-related anti-social behaviour across the Borough was due to expire on the 21 October 2023 and a decision was required by Full Council renew the PSPO for a further 3 years. It was noted that a consultation took place on the continuation of the PSPO between 10 May and 7 June 2023 which included seeking the views of Sussex Police, PCC, West Sussex CC, Crawley and Gatwick Business Watch and Crawley Town Centre BID. 103 responses were received with 87% of those respondents supporting the extension of the PSPO and 81% of respondents feeling that the PSPO has had a positive impact on those living in Crawley.

The recommendation was seconded and supported by Councillor Yasmin Khan.

Councillors Crow, C. Mullins, McCarthy, Irvine, Lanzer, K Khan and Lamb all spoke on the recommendation.

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

RESOLVED

That Full Council agrees:

a)         to extend for a period of 3 years the Borough wide Public Spaces Protection Order (PSPO) to prohibit the consumption of alcohol where that consumption contributes to, is linked to or is associated with nuisance or annoyance to members of the public or a section of the public, or to disorder in the borough of Crawley as set out in Appendix C to the minutes.

b)      that fixed penalties imposed for breaches of the PSPO to be maintained at £100.

The Full Council is asked to report CE/064 that seeks interim appointments of Acting Chief Executive, Head of Paid Service, Returning Officer and Electoral Registration Officer

The Full Council considered report CEx/064by the Chief Executive. The report stated that the Council had a statutory duty to appoint a Head of Paid Service, Returning Officer, and Electoral Registration Officer for the Borough. At Crawley Borough Council these positions are designated to the Chief Executive. With the impending departure of Natalie Brahma-Pearl as the Council’s Chief Executive, from 21 September 2023 these posts were to become vacant. The Council was required to appoint to these posts in the interim, until such time as a new Chief Executive is appointed and in post.

The recommendation was moved by Councillor Jones and seconded by Councillor Crow.

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

RESOLVED

1)      That Ian Duke (Deputy Chief Executive) be appointed Acting Chief Executive, Head of Paid Service, the Council’s Returning Officer, and Electoral Registration Officer, until a newly appointed Chief Executive is in post.

2)      That the Head of Governance, People & Performance be empowered to amend the Council’s Constitution and the relevant Schemes of Delegation to take into account the above interim appointments, to ensure that the Council is able to function seamlessly in the interim.

To consider report FIN/628 of the Head of Corporate Finance (To Follow)

(Recommendation 6)

The Full Council considered report FIN/628 by the Head of Corporate Finance. The report proposed a nomination for the Independent Member of the Audit Committee, following an interview process with the Chief Executive and Head of Corporate Finance.

The recommendation was moved by Councillor Charatan as Vice Chair of the Audit Committee, who informed the Full Council that Mr Ul Haque had an extensive background in audit, accountancy and finance.  He had considerable knowledge of risk management and governance and currently served as an Independent Member on the Audit, Governance and Standards Committees for Essex County Council.

Councillor Belben seconded the recommendation.

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

RESOLVED

That Mr Atta Ul Haque be appointed as the Independent Member of Audit Committee for a two year period (until 31 July 2025) with the option of a further two years.

In line with the Council’s Constitution, namely Call-In Procedure Rule 8.3 and Access to Information Procedure Rule 16.4(d), the Full Council is required to be informed when the Chief Executive has protected a decision from Call-In and when the Special Urgency procedures have been used.

The Leader took the following three decisions which were protected from Call-In (in accordance with Call-In Procedure Rule 8). Two of those decisions were also taken under the Special Urgency decision making powers set out in the Access to Information Procedure Rule 16.4.

The first decision, which was taken on 26 April 2023, was to award the contract for the waste vehicle replacement programme.  This decision was protected from Call-In to ensure there were no delays in ordering the vehicle to safeguard the vehicle delivery timescales were met whilst also guaranteeing against any further cost increase particularly with known supply chain issues and cost increases. The decision was reported in Councillors’ Information Bulletin IB/1179.

The second decision, which was taken on 28 April 2023, was to add £210k to the capital programme for the Benefits online system and Document Management System funded from the Wellbeing Reserve set up for that purpose.  This decision was taken under the Special Urgency provisions and protected from Call-In to ensure there were no significant delays in the implementation of the project as the approved framework for the procurement would have expired. The decision was reported in Councillors’ Information Bulletin IB/1179(a).

The third decision, which was taken on 28 April 2023, was to enter into a Deed of Variation for the Sport and Leisure Management Contract and approve the continuation of contract as a future option for the sport and leisure management contract, along with associated costs.  This decision was taken under the Special Urgency provisions and protected from Call-In to ensure the continued delivery of the sport and leisure service and ensure income generation for the Council. The decision was reported in Councillors’ Information Bulletin IB/1179(a).

RECOMMENDATION 7

The Full Council is requested to note the use of the Special Urgency and Protection from Call-In provisions and Special Urgency procedures (where relevant) in respect of the decisions taken by the Leader relating to the waste vehicle replacement programme contract, additional funds to the capital programme and the leisure contract which were taken on the 26 April 2023 and 28 April 2023.

Councillor Jones, as Leader of the Council, 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 three decisions from Call-In (in accordance with Call-In Procedure Rule 8.3).

The first decision, which was taken on 26 April 2023, was to award the contract for the waste vehicle replacement programme. This decision was protected from Call-In to ensure there were no delays in ordering the vehicle to safeguard the vehicle delivery timescales were met whilst also guaranteeing against any further cost increase particularly with known supply chain issues and cost increases. The decision was reported in Councillors’ Information Bulletin IB/1179.

The second decision, which was taken on 28 April 2023, was to add £210k to the capital programme for the Benefits online system and Document Management System funded from the Wellbeing Reserve set up for that purpose. This decision was taken under the Special Urgency provisions and protected from Call-In to ensure there were no significant delays in the implementation of the project as the approved framework for the procurement would have expired. The decision was reported in Councillors’ Information Bulletin IB/1179(a).

The third decision, which was taken on 28 April 2023, was to enter into a Deed of Variation for the Sport and Leisure Management Contract and approve the continuation of contract as a future option for the sport and leisure management contract, along with associated costs. This decision was taken under the Special Urgency provisions and protected from Call-In to ensure the continued delivery of the sport and leisure service and ensure income generation for the Council. The decision was reported in Councillors’ Information Bulletin IB/1179(a).

Councillor Jones moved the recommendation, which was seconded by Councillor Nawaz.

Councillor Lanzer also spoke on the item.

RESOLVED

The Full Council notes the use of the Protection from Call-In provision by the Chief Executive in respect of the decisions relating to the award of contract for the waste vehicle replacement programme, the use of capital funds for the Benefits online system and Document Management System and the entering into a Deed of Variation for the Sport and Leisure Management Contract respectively.

In line with Urgent Action Full Council Procedure Rule 15, which is set out in the Council’s Constitution, the Full Council is required to be informed when the Chief Executive has taken an urgent decision under those provisions.

The decision, which was taken on 5 May 2023, was to require urgent funds to employ extra Housing Officers, who are needed so the Council can support and handle the extra demands that will be placed on the team, following the processing of British Citizenship applications from the British Overseas Territories. We have been informed from the relevant Government Departments (HO/FCDO) that they will be looking to issue determination decisions shortly and therefore we need to be prepared. There was no capacity in the current team to absorb this work.

This decision was reported in Councillors’ Information Bulletin IB/1181.

RECOMMENDATION 8

The Full Council is requested to note the use of the Urgent Action provisions in respect of the decision taken by the Chief Executive relating to the funding and employment of extra Housing Officers which was taken on 5 May 2023.

Councillor Jones as Leader of the Council introduced the item which was set out on page 4 of the agenda. The item informed the Full Council that the Chief Executive had taken an urgent decision under Urgent Action Full Council Procedure Rule 15, which is set out in the Council’s Constitution.

The decision, which was taken on 5 May 2023, was to require urgent funds to employ extra Housing Officers, who are needed so the Council can support and handle the extra demands that will be placed on the team following the processing of British Citizenship applications from the British Overseas Territories. The Council had been informed by the relevant Government Departments (HO/FCDO) that they will be looking to issue determination decisions shortly and therefore the Council needs to be prepared. There was no capacity in the current team to absorb this work.

This decision was reported in Councillors’ Information Bulletin IB/1181.

Councillor Jones moved the recommendation, which was seconded by Councillor Irvine.

Councillor Crow also spoke on the item.

RESOLVED

The Full Council notes that the Chief Executive has taken an urgent decision in relation to the use of urgent funds to employ extra Housing Officers.

This motion was originally considered at the 29 March 2023 Full Council, where the Councillors resolved:

‘To seek advice on the ULEZ expansion scheme from West Sussex County Council as the local authority in the area for dealing with highways and transport-related matters and from the Council’s Sustainability and Climate Emergency teams and for the motion as originally worded by the proposer and seconder to be referred to the Full Council Meeting in July 2023 for a decision.’

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

The requested information is included as the appendix to this item.

The Council considered the Notice of Motion 1 ‘Opposing London Ulez Expansion’ -as set out on page 99 of the agenda.

This motion was originally considered at the 29 March 2023 Full Council, where the Councillors resolved:

‘To seek advice on the ULEZ expansion scheme from West Sussex County Council as the local authority in the area for dealing with highways and transport-related matters and from the Council’s Sustainability and Climate Emergency teams and for the motion as originally worded by the proposer and seconder to be referred to the Full Council Meeting in July 2023 for a decision.’

The Motion was moved and presented by Councillor Crow, who in doing so gave further explanation of the reasoning behind the Motion. As part of moving the Motion Councillor Crow commented that he would be aiming to move a further amendment from the floor in response to the published amendment, once that had been formally moved.

A Point of Order was called by Councillor Lamb, stating that Councillor Crow could not move such an amendment, because Full Council Procedure Rule 12.2, states:

an amendment MUST only seek to make the following change(s) to the original

recommendation or Notice of Motion:

a)      Refer the matter to an appropriate body or individual for (re)consideration.

b)      Remove words.

c)      Replace words.

d)     Insert additional words

In response Councillor Crow moved a Procedural Motion 13.1q, ‘To suspend a particular Full Council Procedure Rule’, with Full Council Procedure Rule 12.2 being proposed to be suspended.

The Mayor called for a vote on the proposed Procedural Motion amendment. There were 12 votes in favour, 19 against and 0 abstentions. The procedural motion fell.

Following the vote, the Mayor confirmed that the Point of Order raised by Councillor Lamb was indeed correct and as such Councillor Crow would not be able to move a verbal amendment if it amends the proposed Labour amendment.

Councillor Ali then seconded the Motion. 

Councillor Jones then moved and presented Amendment 1 (as shown in the Supplementary Agenda Order Paper). The Amendment was seconded by Councillor Yasmin Khan.

A single debate occurred on both the recommendation and the proposed amendment. Councillors McCarthy, Lunnon, Lanzer, C Mullins, Pritchard, S Mullins and Lamb all spoke during the debate.

Councillor Crow used the right to reply to speak at the end of the debate.

The Mayor called for a vote on the proposed amendment on the Motion. There were 19 votes in favour, 12 against and 0 abstentions. The amendment was carried.

The Mayor then called for a vote on the substantive Motion as amendment. There were 19 votes in favour, 0 against and 12 abstentions. The Motion was carried.

RESOLVED

This Council notes that: 

The London Ultra-Low Emission Zone (ULEZ) currently covers the area within the North and South Circular Roads only. The aims of the ULEZ to improve air quality, reduce pollution and improve health.

The Mayor of London, Sadiq Khan, plans to extend the ULEZ to cover all  ...  view the full minutes text for item 12.

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.

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.

As the business of the meeting had not been completed within the additional 30 minutes, a vote on continuation in line with Full 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

To receive the minutes of the meetings of the Cabinet, Overview and Scrutiny Commission and Committees, as listed on page 31, 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 K Khan (as the Deputy Mayor):-

RESOLVED

That the following reportsbe received:

·         Audit Committee – 20 March 2023

·         Planning Committee – 3 April 2023

·         Planning Committee – 24 April 2023

·         Overview and Scrutiny Commission – 5 June 2023

·         Licensing Committee – 12 June 2023

·         Governance Committee – 13 June 2023

·         Audit Committee – 21 June 2023

·         Overview and Scrutiny Commission – 26 June 2023

·         Cabinet – 28 June 2023

·         Planning Committee – 3 July 2023

·         Overview and Scrutiny Commission – 10 July 2023

·         Cabinet – 12 July 2023

There were no items for debate.

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 involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the item.

The Full Council report DCE/17of the Deputy Chief Executive.  Councillor Jones, the Leaderof the Council, introduced the report which provided an update on the Town Hall Site Redevelopment project and sought approval for the next steps. The recommendation was seconded and supported by Councillor Nawaz.

Councillor Crow then moved and presented Amendment 1 to Recommendation 4 (as shown in the Supplementary Agenda Order Paper on page 23). The amendment was seconded by Councillor Piggott who also spoke on the item.

Councillors Belben and Lunnon spoke on the recommendation and the amendment.

The Mayor called for a vote on the proposed amendment. There were 12 votes in favour, 19 against and 0 abstentions. The amendment fell.

The Mayor then called for a vote on the substantive recommendation. There were 19 votes in favour, 0 against and 12 abstentions. The recommendation was carried.

RESOLVED

That Full Council approves:

a)      the supplementary capital estimate of £750,000 for the preparation of the old Town Hall site for redevelopment. Funded from existing capital resources and to note that there may be future borrowing for the current capital programme.

b)      the supplementary capital estimate of £1.735m in respect of the Town hall project, funded from existing capital reserves. In addition to transfer the budget and amend funding in respect of the Phase 2 housing budget to the Town Hall project.