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 22 February 2023.

The minutes of the meeting of the Full Council held on 22 February 2023 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 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:-

Award Name:

30 Years – Councillor Chris Mullins

20 Years – Councillor Duncan Crow

The Mayor then provided the Full Council with a brief update of the Mayoral events attended since the last meeting which included visiting the District Heat Network, the official opening of the New Town Hall and a youth dance festival at the Hawth.

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 Full Council considered HPS/034 and HPS/034a of the Head of Major Projects and Commercial Services.  It was agreed to hold the debate on this recommendation in open session even though it related to a Part B exempt item. The Leader, Councillor Jones, introduced the report which had requested approval to extend the contract to the waste and recycling service and the replacement of the refuse vehicle fleet with a view to new vehicles coming into operation at the beginning of the extension period.

It was highlighted this would enable the Council the continuity of the waste and recycling service, ensure the waste vehicle fleet was operating efficiently and fit for purpose and would assist in maintaining the delivery of service benefits to residents.  The arrangement allowed the Council to assess options for transitional arrangements to the local waste collection arrangements in response to the National Waste Strategy which the Government had indicated would be released in the ‘near future’ along with addressing the Council’s own environmental targets.

The recommendation was seconded by Councillor Jhans.

Councillor Crow then moved and presented Amendment 1 (as shown in the Supplementary Agenda Order Paper on page 21). The Amendment was seconded by Councillor Jaggard who also spoke on the item.

Councillor Jones, using the right to reply, commented that he would accept Councillor’s Crow’s amendment and include it as part of the substantive recommendation. The Mayor then called for a vote on the amendment, which was carried unanimously. The Mayor then called for a vote on the substantive recommendation as amended which was also carried unanimously.

RESOLVED

a)         That Full Council approves the supplementary capital estimate of £3m for the procurement of a new refuse fleet funded by:

·        £1.6m from the Refuse Vehicle Replacement Reserve

·                £0.18m from the Waste and Recycling Reserve

·                £1.22m from the Capital Programme Reserve

b)         With a view to replicating if viable, the Council will seek feedback from other local authorities who are using Hydrotreated Vegetable Oil (HVO) instead of diesel to fuel their refuse vehicles, in particular Wealden District Council who announced on 16 March 2023 a year-long trial, a move that is expected to reduce net carbon emissions from each vehicle by up to 90%.

The Full Council considered report LDS/197 of the Head of Governance, People and Performance.  Councillor Lamb as Chair of Governance Committee introduced the report which recommended, following CIPFA advice, that an independent member be co-opted as a non-voting member to the Audit Committee for the 2023/24 municipal year. The independent member would be unable to hold the position of either the Chair or Vice Chair of the Audit Committee, however they would have a strong ‘financial background’ to assist in providing a critical friend/challenge role.

The recommendation was seconded and supported by Councillor Bounds.

Councillors Burrett and Belben also spoke on this item.

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

RESOLVED

That the Full Council

a)            approves that an independent member be co-opted as a non-voting member to the Audit Committee as of the 2023/24 municipal year, with the independent member being unable to hold the position of either the Chair or Vice Chair of the Audit Committee.

b)            delegates the recruitment process of the co-optee independent Audit Member to the Head of Governance, People & Performance in consultation with the Section 151 Officer and the Chief Executive, with the proposed co-optee nominee being brought to Full Council for final appointment.

The Full Council considered report LDS/197 of the Head of Governance, People and Performance. Councillor Lamb, as Chair of the  Governance Committee, presented section 6 of the report which detailed an amendment to the existing allocation to Committee Chairs and Vice Chairs (the fixed cascade approach) and proposed that the positions of Chair and Vice Chair for each Committee should be elected by a simple majority at the Annual Meeting of the Full Council. The appointment of the Chair and Vice Chair of a Committee should not include Councillors from the same political group (where possible). The proposal was seconded by Councillor Pritchard.

Councillors Crow, Irvine, Lanzer, K Khan, Burrett, Jones and McCarthy all spoke on the item.

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

The Mayor ruled that the moved Procedural Motion 11.1 (m) was valid and thus called for the vote on the Procedural Motion.

RESOLVED

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

The Mayor called for the vote on Recommendation 3: Review of the Constitution – Allocation of Chairs and Vice Chairs of Committees. A recorded vote was requested, and the Mayor invited the Democracy and Data Manager to commence the recorded voting process.

For: Councillors Ayling, Buck, Hart, Irvine, Jhans, Jones, K Khan, Y Khan, Lamb, Lunnon, C Mullins, S Mullins, Nawaz, Noyce, Pritchard, Raja, Rana and Sivarajah (18)

Against: Councillors Ali, Belben, Bounds, Burgess, Burrett, Crow, Hellier, Jaggard, Lanzer, McCarthy, Mwagale, Peck, Pendlington, Piggott (14)

Abstentions: None (0)

RESOLVED

That the Full Council approved that Constitution, Part 2, Section 6.2 Chair and Vice Chair of Committees be replaced with the following:

“Chair and Vice Chair of Committees: The positions of Chair and Vice Chair for each Committee shall be elected by a simple majority at the Annual Meeting of the Full Council. The appointment of the Chair and Vice Chair of a Committee should not include Councillors from the same political group (where possible)."

Councillor Lamb as Chair of the Governance Committee introduced the item to the Full Council, which featured in section 7 of report LDS/197. As all formal meetings were now able to take place in the new town hall, it was anticipated that webcasting functionality could be incorporated into the building.  It was noted that whilst the functionality was available, the installation and necessary training still needed to occur and therefore it was anticipated that meetings would (with the exception of Employment Panel, Grants Appeal Panel and exempt sessions) be web cast as soon as possible, subject to cost and practicality.  It was noted the retention period for webcast recordings needed to align with the Council’s current retention protocol and GDPR requirements and therefore it was proposed that recordings be retained for a minimum of six months after the meeting took place.

The recommendation was supported and seconded by Councillor Bounds.

Councillors Crow, Jones, Burrett, Pritchard, Lanzer, S Mullins, Bounds and McCarthy spoke on the item.

RESOLVED

That the Full Council approves:

a)            that once the necessary functionality is available, all formal meetings of the Council (with the exception of the Employment Panel and Grants Appeal Panel), subject to cost and practicality, be webcast as soon as possible.

b)            that the recordings of webcast meetings be retained for a minimum of six months after the meeting takes place.

c)            that the Head of Governance, People & Performance be delegated authority to make any necessary consequential amendments to the Council's Constitution.

Councillor Lamb as Chair of the Governance Committee introduced the item to the Full Council, which featured in section 8 of report LDS/197.  The report proposed a revision to the Protocol on the Appointment of Honorary Aldermen and Honorary Freemen.  The main reason for the review was linked to the statute that required a two thirds Full Council majority for the Appointment of Honorary Aldermen and Honorary Freemen, which was not currently covered in the protocol.  Neither Protocol had been revised for a significant number of years and it was the only section of the current Constitution that had not been revised during the review in 2019. The proposed revision was welcomed.

The recommendation was supported and seconded by Councillor Bounds.

Councillors Jones, Burgess and Burrett spoke on the item.

RESOLVED

That the Full Council approves the revised Protocol on Appointment of Honorary Aldermen/Women or Honorary Freemen/Women which is set out as Appendix B to the minutes.

Report of the Chief Executive in her role as the Electoral Registration Officer – CEX/62

The Electoral Services Manager (Andrew Oakley), who currently holds the Council’s statutory designation of Deputy Electoral Registration Officer, will be retiring in early June 2023.

To comply with the requirement under Section 52(2) of the Representation of the People Act 1983, in relation to the appointment of the Deputy Electoral Registration Officer, the Council’s Electoral Registration Officer (Natalie Brahma-Pearl) requests that the Full Council approve her additional nominations for Deputy Electoral Registration Officers, namely Jill Rozier (Lead Electoral Services Officer) and Chris Pedlow (Democracy & Data Manager). It is proposed that these designations will take effect from 1 April 2023.

RECOMMENDATION 6

To appoint Jill Rozier (Lead Electoral Services Officer) and Chris Pedlow (Democracy & Data Manager) as additional Deputy Electoral Registration Officers from 1 April 2023.

The Leader of the Council, Councillor Jones, introduced report CEX/62, which was set out on page 3 of the Full Council agenda.  The Electoral Services Manager (Andrew Oakley), who currently held the Council’s statutory designation of Deputy Electoral Registration Officer, would be retiring in early June 2023.  Councillor Jones took the opportunity to thank Andrew for his hard work, diligence, and support.  To comply with the requirement under Section 52(2) of the Representation of the People Act 1983, the Full Council welcomed the two proposed appointments for Deputy Electoral Registration Officers, of Jill Rozier (Lead Electoral Services Officer) and Chris Pedlow (Democracy and Data Manager) to take effect from 1 April 2023.

Councillor Jones then moved the recommendation, which was seconded and supported by Councillor Crow, who also thanked Andrew for his support over the years and wished him well.

RESOLVED

That Full Council appoints Jill Rozier (Lead Electoral Services Officer) and Chris Pedlow (Democracy & Data Manager) as Deputy Electoral Registration Officers from 1 April 2023.

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 Burrett.

The Council considered the Notice of Motion 1 ‘Opposing  London Ulez Expansion’ - as set out on page 65 of the agenda.

The Motion was moved and presented by Councillor Crow, who in doing so gave further explanation of the reasoning behind the Motion.  It was seconded and supported by Councillor Burrett.

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

A single debate occurred on both the recommendation and the proposed amendment. Councillors Ali, Irvine, and Jhans all spoke during the debate.

Councillor Crow used the right to reply to speak at the end of the debate. A recorded vote was requested on the amendment and the Mayor invited the Democracy and Data Manager to commence the recorded voting process.

For the Amendment: Councillors Ayling, Buck, Hart, Irvine, Jhans, Jones, K Khan, Y Khan, Lamb, Lunnon, C Mullins, S Mullins, Nawaz, Noyce, Pritchard, Raja, Rana and Sivarajah (18)

Against the Amendment: Councillors Ali, Belben, Bounds, Burgess, Burrett, Crow, Hellier, Jaggard, Lanzer, McCarthy, Mwagale, Peck, Pendlington, Piggott (14)

Abstentions: None (0)

The Mayor declared that the proposed amendment was carried – votes in favour 18 and votes against 14, with 0 abstentions.

The Mayor then called for a vote on the substantive Notice of Motion as amended.

RESOLVED

That the Full Council notes that: 

The London Ultra-Low Emission Zone (ULEZ) currently covers the area within the North and South Circular Roads only. 

The Mayor of London, Sadiq Khan, plans to extend the ULEZ to cover all London Boroughs from 29 August 2023.

On Thursday 16 February 2023, a coalition of five councils opposed to the ULEZ expansion, comprising four outer London Boroughs (Bexley, Bromley, Harrow and Hillingdon) and Surrey County Council, launched a Judicial Review to challenge TfL and the Mayor of London's decision to expand the ULEZ to outer London boroughs. 

The proposed ULEZ extension would mean its outer boundary would apply from Farthing Way (the A23) in Coulsdon, which is only 11.9 miles away from Crawley’s boundary on the M23 at Junction 9 near Gatwick, which can be a drive of under 15 minutes.  

The daily charge to enter the London ULEZ is £12.50 for vehicles that are not exempt, with the penalty for not paying set to rise to £180. 

The charge is levied from midnight to midnight, meaning that non-exempt vehicles entering the zone in the evening and exiting after midnight would be charged £25 for one trip to anywhere in London.

Many Crawley residents have a need to travel by car to outer London Boroughs for a variety of purposes, including work and specialist hospital appointments. 

Residents on lower incomes are more likely to own older vehicles that are not exempt from paying the ULEZ charge.    

That Full Council approves:

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  ...  view the full minutes text for item 11.

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 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.

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 Rana (as the Deputy Mayor):-

RESOLVED

That the following reports be received:

·         Overview and Scrutiny Commission – 6 March 2023

·         Planning Committee – 7 March 2023

·         Cabinet – 8 March 2023

·         Governance Committee – 13 March 2023

Councillor McCarthy, on behalf of the Conservative Group, explained the rationale for bringing forward this item for debate.  Concerns were raised over the elimination of the right-hand turn from the station and the impact this would have on travel flow. The loss of the right-hand turn was problematic for those living east of the station, particularly those in Pound Hill, Maidenbower and beyond.  The change would negatively impact the taxi trade, as well as the public with increased costs.  Whilst it was important to ensure that all station users benefited from a new, improved scheme, sometimes the costs and sacrifices were just too high and the proposal may prove to be a mistake in the future.

Councillors Lunnon, Jaggard, Lamb and Belben also spoke on the subject.

Councillor Burrett responded on this item adding that whilst there was support for improving the station forecourt as this was paramount, unfortunately it was felt that the loss of the right-hand turn would have a negative impact on those residents who reside east of the station.  It would be disappointing should the scheme have to be re-visited in the future due to the decision taken and its implications.

Councillor Burrett, on behalf of the Conservative Group, explained the rationale for bringing this item forward for debate.  The Flexible Tenancy Policy was introduced in 2013, during his tenure as Cabinet member, due to a government initiative. There were concerns it was being implemented too soon as the report was well balanced and provided arguments for the existing status quo, as well as providing reasons for the change to secure tenancies. Flexible tenancies could allow the council to make better use of the housing stock but it was acknowledged that the success of this had been limited (due to the limited number of flexible tenancies). However the option to ‘right size’ individuals/households was a benefit with flexible tenancies, assisting the housing register. It was hoped it would be a valued decision and that key aspects were not eliminated (‘baby out with the bathwater’).

Councillors Irvine and Buck also spoke on the item.