Agenda and minutes

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.

No disclosures of interests were made.

To answer any questions asked by the public which are relevant to the functions of the Cabinet.

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

The Cabinet received a question from Mr Symonds of Ifield, in relation to Homes England refusing a Freedom of Information request to release results of a Wildlife and Traffic Survey affecting Crawley and that in their refusal Homes England commented "Is Homes England correct in stating that releasing these results now could [to quote]: "prejudice...Crawley Borough Council's statutory role as Local Authority" and [to quote]: "jeopardise the ability of...the Local Council to respond...and put the allocation in a Local Plan at risk?"Is that statement the case, Mr Symonds asked?

Councillor P Smith responded, commenting that the FOI to Homes England appears from an Ifield West resident, and from what he has seen looks like a valid set of questions to seek a response to. However, we, as Crawley Borough Council, cannot comment on the responses provided by another public body, such as Homes England, as it would be totally inappropriate to do so, because we as the Council we are not privy to all the information and data Homes England has on this matter or to the whole of the Freedom of Information (FOI) request, just an extract.

Councillor Irvine also responded to the question stating, that he noted there was a right to appeal the FOI decision, not to respond, and he wished the resident well if he chooses that course of action.

To consider any matters referred to the Cabinet (whether by a scrutiny committee or by the Council) and those for reconsideration in accordance with the provisions contained in the Scrutiny Procedure Rules, the Budget Procedure Rules and the Policy Framework Procedure Rules set out in Part 4 of the Council’s Constitution.

It was confirmed that no matters had been referred to the Cabinet for further consideration.

To approve as a correct record the minutes of the Cabinet held on 5 February 2020.

The minutes of the meeting of the Cabinet held on 5 February 2020 were approved as a correct record and signed by the Leader.

The Monitoring Officer will report on any responses to representations received in relation to why item(s) 13 & 14: Town Hall Site Redevelopment: Revised Budget for the District Heat Network and Print Procurement Contract should not be held in Part B Business – (Closed to the Public).

The Head of Legal, Democracy and HR reported that no representations had been received in respect of agenda items 13 and 14: Town Hall Site Redevelopment: Revised Budget for the District Heat Network and Print Procurement Contract, respectively.

Planning and Economic Development Portfolio

To consider report PES/338 of the Head of Economy and Planning, which was referred to the meeting of the Overview and Scrutiny Commission held on 9 March 2020.

This report will be included in a supplementary agenda.

The Cabinet Member for Planning and Economic Development presented report PES/338 of the Head of Economy and Planning. In presenting the report to the Cabinet, they were reminded that there had been a Petition, submitted on this issue and a debate on the Petition along with a Notice of Motion at Full Council held on 26 February 2020. As a result, the Cabinet must have due regard to the petition and the views expressed during the debates on Three Bridges Station Improvement Scheme and issue of the ‘No Right-Hand Turn’ when considering the recommendations before them.

Councillor P Smith stated that this whole project of Three Bridges Station Improvement Scheme was essentially a forecourt project with a highway’s element.

Crawley Borough Council (CBC) was the lead authority for the project, including responsibility for the programme management activities as part of the Crawley Growth Programme. The whole project was in partnership with West Sussex CC Highways, Coast 2 Capital LEP, Network Rail, Metrobus, GTR, and the Council.

Whilst CBC was the lead authority, it was not responsible for every aspect of the project, with each of the partners still retaining their decision making for each area of their own responsibility.  WSCC Highways, retained the responsibility for the highway’s elements of the design and CBC had to follow their advice and decisions and incorporate them into the final overall design.

The Cabinet were reminded that the Council had consulted as extensively and reasonably as possible on all our planning and economic development projects since 2014, and it was right to do, as our residents were our customers and we need to listen to them as the users of the projects we will be delivering.  On Three Bridges Station Improvement Scheme, CBC, as the lead partner for the scheme, had gone out of our way to consult with all interested groups, including the taxi drivers (part of whose livelihood can depend on Three Bridges station), as well as Metrobus, the Town Access Group, the Walking and Cycling Forum and others but most importantly the public.  Three extensive consultations were run, involving brochures, FAQs, traffic modelling, and all of this was on a dedicated website for the project.  Every question that has been asked was on the website, even those questions that we haven’t been able to provide a satisfactorily answer. Throughout the project the team have listened to and considered every single possibility including putting the eastern access from Station Hill into the project as that was a direct result of consultation, in particular with Maidenbower Ward Councillors. It was not in the original scope and would cost significantly more, but it was recognised that it is a good idea and something that would improve the options for our residents and users over how they will travel to and from the station. It was noted that at the request of the Maidenbower Councillors, further traffic modelling was done.  This showed it was not an option to put in a  ...  view the full minutes text for item 6.

Planning and Economic Development Portfolio

To consider report PES/341 of the Head of Economy and Planning, which was referred to the meeting of the Overview and Scrutiny Commission held on 9 March 2020.

The Cabinet Member for Planning and Economic Development presented report PES/341of the Head of Economy and Planning, which set out the proposed “New Directions for Crawley”, a Crawley Transport Strategy issues and options document (Appendix A). It set out a vision for future transport infrastructure and services in Crawley whilst also presenting an outline of proposals for the first phase of delivery towards that vision. It was noted that draft Crawley Transport Strategy issues and options document had been out for public consultation exercise which concluded on 17th February 2020. The report also details the changes proposed arising from the consultation process.

Councillor Rana presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 9 March, which confirmed the Commission’s support of the strategy.

Councillors Mullins, Jhans and Irvine spoke as part of the discussion on the report.

RESOLVED

That the Cabinet approves the adoption of “New Directions for Crawley” the Crawley Transport Strategy issues and options document (Appendix A) to report PES/341.

Reasons for the Recommendations

The previously approved draft Crawley Transport Strategy issues and options document has been amended following consultation. The feedback has been largely very positive with suggestions that have informed proposed relatively minor additions and changes to the document. Approval of this draft as the final document is sought.

Planning and Economic Development Portfolio

To consider report PES/335 of the Head of Economy and Planning.

The Cabinet Member for Planning and Economic Development presented report PES/335of the Head of Economy & Planning which set out the findings of the Annual review of Crawley’s Community Infrastructure Levy (CIL) Programme. The report detailed the proposed CIL strategic infrastructure spend priorities to the end of March 2023, as well as an update on the second year of the pilot scheme for crowdfunding - Crowdfund Crawley.

RESOLVED

That the Cabinet

a)         approves the proposed CIL strategic infrastructure spend priorities presented in the Infrastructure Business Plan at (Appendix A of report PES/335) and set out in section 7, to March 2023.

b)         notes that the Infrastructure Business Plan, including the funding programme, will continue to be reviewed on an annual basis to take into account any changes in strategic infrastructure priorities and fluctuations in CIL receipts compared to the forecast. The next review is proposed to take place in March 2021.

c)         approves extending the Crowdfund Crawley pilot scheme until the end of March 2021 and for the scheme to be reviewed again in March 2021.

Reasons for the Recommendations

By approving the revised CIL Infrastructure Business Plan, it will give clarity to the projects identified as a priority for delivery using CIL finances and it will also provide a clear audit trail.

The extension of the Crowdfund Crawley programme will allow the Council to continue to assess the impact that the programme has had to date.

The Leader’s Portfolio

PES/347

A Town Centre Business Improvement District (BID) is due to be established in 2020 for a period of 5 years, following a ballot in November 2019 of all non-domestic ratepayers with a rateable value of £10,000 or more within the area entitled to vote.  Over £2million could be invested into the BID area over the next five years. The funds would be spent on a range of priority town centre improvement initiatives identified by prospective BID levy payers, as set out in the Town Centre BID Business Plan, which will help to grow and sustain a thriving town centre.

Crawley Borough Council has been invited to join the Town Centre BID Board and to submit its nomination. External advice has been obtained confirming that there is no issue with an individual sitting on more than one BID Board. It is therefore recommended that the Cabinet Member for Planning and Economic Development is the nominated representative.

Recommendation:

The Cabinet is recommended to:

a)     Nominate the Cabinet Member for Planning and Economic Development as the Council’s representative to the Town Centre BID Board.

b)     Amend the Portfolio Responsibilities to include this appointment within the Constitution.

The Leader of the Council present report PES/347 by the Head of Economy and Planning, which sought a nomination from the Council, for a Councillor to join the soon to be established Town Centre BID Board, following the successful ballot in November 2019.

It was noted that external advice has been obtained confirming that there was no issue with an individual sitting on more than one BID Board.

RESOLVED:

That the Cabinet nominates the Cabinet Member for Planning and Economic Development as the Council’s representative to the Town Centre BID Board, and the Portfolio Responsibilities be amended to include this appointment within the Constitution.

The Committee is asked to consider passing the following resolution:-

That under 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 involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraphs specified against the item.

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 Leader’s Portfolio

Exempt Paragraphs 3 & 5

To consider report DCE/05 of the Deputy Chief Executive, which was referred to the meeting of the Overview and Scrutiny Commission held on 9 March 2020.

In accordance with Urgency Notice 13.2 has been enacted in agreement with the Chair and Vice Chair of the Overview and Scrutiny Commission.

This report will be included in a supplementary agenda.

Exempt Paragraphs 3 & 5

The Leader of the Council presented report, DCE/05 of the Deputy Chief Executive. The purpose of the report was to set out the changes to the District Heat Network scheme that have created the additional cost and to seek agreement on the way forward that avoids increasing the overall budget for the Town Hall Site Redevelopment project.

Councillor Rana presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 9 March 2020, which included that the Commission had given its broad support in principle for the report. Also that the Commission unanimously supported option 3 within section 6 of the report DCE/05, with the addition of discreet progress and expenditure tracking against the DHN within that area.

Councillor Irvine spoke on the report.

RESOLVED

That the Cabinet

a)         notes the recent design changes to the design of the District Heat Network (DHN), the cost implications and the underlying reasons for this

b)         notes the level of expenditure incurred to date on the DHN project

c)         agrees the continuation of the DHN project, subject to Full Council agreement that the budget allocations for the Town Hall Site Redevelopment can henceforth be treated as a global budget

d)         agrees for officers to pursue recompense for erroneous advice received should investigations reveal that course of action to be appropriate

That Full Council be recommended to:

a)         Note that the budget for the New Town Hall contract contains a high level of contingency

b)         Agree that the budget allocations for the Town Hall Site Redevelopment can henceforth be treated as a global budget under the delegations to the Deputy Chief Executive as agreed by Full Council in the February 2017.

Reasons for the Recommendations

In February 2017, the Council agreed the deliverables of the Town Hall Site Redevelopment, the budget lines to achieve this, and the delegated powers to develop and proceed with the development (set out in more detail in Section 4 of report DCE/05). In December 2018, the Council agreed to amend the budget for the District Heat Network, taking account of the benefits of the scheme (also set out in Section 4 of report DCE/05)). The recommendations above will allow both schemes to proceed without impacting on the combined budgets previously agreed.

Whilst it could be argued that given no further funding is being sought, there are sufficient delegations already in place to treat the individual budgets as a global figure, and to use the quarterly finance monitoring to vire funding; it is also arguable that this would not be sufficiently transparent for a project of this type and profile. Furthermore, it is appropriate to set out any changes to the rate of return anticipated from this investment given that these will have changed since the December 2018 report. 

The Leader’s Portfolio

Exempt Paragraph 3

To consider report CEX/50 of the Chief Executive.

Exempt Paragraph 3

The Leader of the Council presented report CEX/50 of the Chief Executive which set out the result of the joint tendering exercise and evaluation for printed material such as leaflets, brochures, envelopes etc. The procurement was a joint exercise with Horsham DC, Mid Sussex DC and Mole Valley DC.

It was noted that the report also proposed the creation of a dynamic purchasing system (DPS) and that all contracts including the DPS to commence from 1 April 2020 for a three-year term, with a one-year optional extension period, subject to the suppliers’ satisfactory performance.

RESOLVED

That the Cabinet approves

a)         the appointment of the following providers for the work indicated below for a period of three years from 1 April 2020 (with the option to extend for a further one year):

General print work – low volumes (lot 1a)

·                Bidder 10

·                Bidder 11

·                Bidder 28

·                Bidder 14

General print work – high volumes (lot 1b)

·                Bidder 27

·                Bidder 9

·                Bidder 24

·                Bidder 15

General signage (lot 2)

·                Bidder 30

·                Bidder 32

·                Bidder 5

Envelopes (lot 3)

·                Bidder 8

·                Bidder 25

b)         the creation of a Dynamic Purchasing System (DPS) for the work indicated below for a period of three years from 1 April 2020 (with the option to extend for a further one year):

·                Specialised print work (lot A)

·                Banners (lot B)

·                Design services (lot C)

·                Mailing (lot D)

·                Electoral Printing (lot E)

Reasons for the Recommendations

Following a tender exercise and evaluation, the providers identified in paragraph 2.2 of report CEX/50have submitted the most economically advantageous tenders in four lots.

The creation of a DPS will allow the councils to invite quotes on jobs within five lots and obtain best value.