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.

The following disclosures of interests were made:

To approve as a correct record the minutes of the Cabinet held on 31 October 2018.

The minutes of the meeting of the Cabinet held on 31 October 2018 were approved as a correct record and signed by the Leader.

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 Charles Crane from Bewbush in relation to the redevelopment of the Town Hall site. He asked that as the Council had seemingly now entered into a formal agreement over the redevelopment of the Town Hall site, could the full cost of the project, now be put into the public domain?

In response the Leader confirmed that the Council had entered into a development agreement, however it was not possible at present to publish the finances relating to the project. The reason why this was not currently possible, was that the next stage of the redevelopment was to procure a number of construction elements including the build itself. Thus it would not be in the public interest to announce what money had been budgeted in advance of the tender process.

As a supplementary question, Mr Crane asked when would costings be made available? In response it was confirmed that this information could not be made available before the Summer of 2019, but once the Council was in a position to make this information public, it was legally required to do so and would.

The Monitoring Officer will report on any responses to representations received in relation to why item 15: Civil Engineering & Hard Landscaping Minor Works Framework 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 item 14: Civil Engineering & Hard Landscaping Minor Works Framework Contract.

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.

The Leader’s Portfolio

To consider report FIN/457 of the Head of Corporate Finance, which was referred to the meeting of the Overview and Scrutiny Commission held on 19 November 2018.

The Leader presented report FIN/457of the Head of Corporate Finance which set out an update on the Council’s Treasury Management Strategy for the two first quarters of 2018/2019. It was explained that there were no grounds for concerns or significant changes since the last update report, and the only current burrowing that the Council has currently related to the HRA.

It was noted that the Council was required to consider Treasury Management activities on a twice yearly basis to ensure Councillors were able to monitor the Council’s finances and to review how they were being invested.

Councillor Cheshire presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following their consideration of the matter at its meeting on 19 November 2018. The Cabinet noted the Commission’s comments.

RESOLVED

That the Cabinet notes the report and the treasury activity for the first half of the year 2018/2019.

Reasons for the Recommendations

The CIPFA (Chartered Institute of Public Finance and Accountancy) Code of Practice for Treasury Management recommends that members be updated on treasury management activities regularly (Treasury Management Strategy Statement, annual and mid-year reports).  This report, therefore, ensures this Council is implementing best practice in accordance with the Code.

Environmental Services and Sustainability Portfolio

To consider report HCS/10 of the Head of Community Services, which was referred to the meeting of the Overview and Scrutiny Commission held on 19 November 2018.

The Leader presented report HCS/10 of the Head of Community Services which set out an option available to the Council to tackle the issues associated with abandoned trolleys across the Borough. The proposal was to implement the adoption of the relevant powers under Section 99 and Schedule 4 of the Environmental Protection Act 1990. The powers would allow the Council to collect any abandoned trolleys (both shopping and luggage) across the Borough and then charge the ‘owners’ (normally supermarkets) the cost of the collection and returning the trollies back to them.

Councillor Cheshire presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following their consideration of the matter at its meeting on 19 November 2018. The Commission was in support of the proposal, but had some concerns that this would cause undue impact on those Neighbourhood Patch Teams (NPT) who had responsibility for the Town Centre where many of the larger supermarkets were. The NPTs would be responsible for the collection of abandoned trolleys, as part of the proposal.

Councillors Jones, Mullins and B. Smith all spoke as part of the discussion on the report.

RESOLVED

That the Cabinet:

1.            approves the adoption of the statutory powers under Section 99 and Schedule 4 of the Environmental Protection Act 1990, for use across the Borough from the 22 February 2019.

2.            delegates authority for this function to the Head of Community Services, including the consequential steps required to implement the powers, the fixing of charges and review of how the powers are implemented. (Generic Delegations 3 and 4 will be used to enact this recommendation).

Reasons for the Recommendations

There are reports of abandoned trolleys across the whole of the Borough.  While the Council addresses this matter it bears the full costs associated with the work. 

Adoption of the powers in the Environmental Protection Act 1990 provides the Council with a simple means to deal with abandoned shopping trolleys and abandoned luggage trolleys.  Furthermore, it allows the Council to recover the costs in so doing whether or not the owner seeks to have them returned or not.

The proposal aims to incentivise trolley owners to take action rather than punish them for failing to do so.

Experience from other authorities is that this is an effective solution as it resulted in a significant reduction in the number of abandoned trolleys.

Planning and Economic Development Portfolio

To consider report PES/307 of the Head of Economy and Planning which was referred to the meeting of the Overview and Scrutiny Commission held on 19 November 2018.

The Cabinet Member for Planning and Economic Development presented report PES/307of the Head of Economy and Planning which set out the proposal for the Council to take over as the lead organisation for the Station Gateway Scheme including the project management. It was explained that the rationale for the proposal followed the success of how the Council had coordinated the redevelopment of Three Bridges station and the synergy of the Station Gateway to the Crawley Growth Programme and the Eastern Gateway. The Cabinet was informed that all the partner organisations involved in the Station Gateway project, such as the Aurora Group, West Sussex CC, Network Rail, were in support of the Council taking the lead on the project. It was noted that with the Council taking this lead it would be mean the Council’s procurement process that would be followed for the redevelopment.

Councillor Cheshire presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following their consideration of the matter at its meeting on 19 November 2018. The Cabinet was informed of the Commission’s support for the proposal including that they were pleased that the proposal included the installation of a full accessible bridge at the station.

RESOLVED

That the Cabinet:

1.            notes the progress made to date to bring forward the Scheme

2.            approves Crawley Borough Council to be the lead project management organisation for the Scheme.

3.            delegates authority to the Head of Economy and Planning to undertake a procurement tendering exercise to appoint designers to undertake detailed designs for the Scheme in accordance with the Council’s Procurement Code.

4.            delegates authority to the Head of Economy and Planning, in consultation with the Cabinet Member for Planning and Economic Development to approve the final, detailed designs for the Station Gateway scheme, subject to consultation (and subject to planning permission for the Friary Way – bus station element) and working in close partnership with Arora Group, Govia Thameslink Railway (GTR), Network Rail (NR), and West Sussex County Council (WSCC).

5.            delegates the negotiation and approval of the terms of all relevant legal documentation to the Head of Economy and Planning, Head of Legal, Democracy and HR, Head of Corporate Finance, in consultation with the Cabinet Member for Planning and Economic Development.

6.            Recommends to Full Council to:

a)          approves the inclusion of the Scheme within the capital programme, funded by the Local Enterprise Partnership (LEP) and WSCC through the Crawley Growth Programme. 

b)          approves the increase of £5.2 million to the capital programme for the Station Gateway Scheme within the Crawley Growth programme, to be funded from contributions from the LEP and WSCC, subject to formal agreement with WSCC of a revised funding protocol.

Reasons for the Recommendations

On 4th July 2016, Crawley Borough Council Planning Committee granted outline planning permission (CR/2016/0294/OUT) for Station Gateway site development, comprising 308 new residential flats, a railway station, a dedicated car park for the station and public realm /  ...  view the full minutes text for item 8.

Public Protection and Community Engagement Portfolio

To consider report CH/181 of the Head of Crawley Homes, which was referred to the meeting of the Overview and Scrutiny Commission held on 19 November 2018.

The Cabinet Member for Public Protection and Community Engagement presented report CH181 of the Head of Crawley Homes which sought approval for the making of a Public Space Protection Order (PSPO) to prohibit vehicle related anti-social behaviour associated with car cruise activity in the borough of Crawley.

It was noted that car cruise activity had been taking place in Crawley since 2010.  In the past 3 years the police have received at least 280 complaints of vehicle related anti-social behaviour related to the activity, and it represented a significant nuisance for those residents and businesses affected.  The proposed order would encompass the whole Borough, with the exception of Gatwick Airport and there would be specific signage in the most common areas where car cruising occurs. It noted that public consultation had occurred over the making of the PSPO, with the majority of the responses being in favour of the use of the Order.

Councillor Cheshire presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following their consideration of the matter at its meeting on 19 November 2018. The Cabinet were informed that the Commission had held a comprehensive discussion of the proposal, including seeking clarification over exactly what was classed as a car cruise ‘gathering’ and ‘activities’, and that the purpose of the proposal was not to vilify all those with “a passion for cars”.

Councillor Cheshire then presented the Commission’s three recommendations, namely that there was broad support for the proposals, and that a review report on the effectiveness of the PSPO be produced after 6 months. The final recommendation was that the Cabinet refer the decision to Full Council for their consideration and approval. It was explained that Guidance suggested the decision on approving such an Order could be put to the Cabinet or Full Council and the Commission felt that given that car cruising was a town wide issue it would be more appropriate and open to have all Councillors involved in approving such a decision.

Councillor Crow was invited to speak on the item and he expressed his personal support as there had been numerous car cruising incidents within his ward and he hoped that the PSPO would help end such anti-social behaviour.

In responding to the Commission’s recommendation over to refer the decision to the Full Council, the Leader stated that he would be against this proposal as it would not be in the interest of our residents. Being in mind the number of complaints, the level of nuisance and the dangerous driving, and as there was support by the Commission for installation of the order, it would not be a sensible move to delay the approval of the making of the Order.

Councillors Mullins, P. Smith, Skudder and Jones, all spoke on the report and the Commission’s proposal and echoed the Leader’s view. Comments were also made on the fact that the Manor Royal Business District was fully behind the making of the Order, due to the frequency of car  ...  view the full minutes text for item 9.

The Leader’s Portfolio

To consider report FIN/456 of the Head of Corporate Finance.

The Leader presented report FIN/456of the Head of Corporate Finance which provided a summary of the Council’s actual revenue and capital spending up to the end of Quarter 2 ending September 2018. It identified the main variations from the approved spending levels and any potential impact on future budgets. It was noted that the surplus with regards to both the revenue and the HRA had increased during the Quarter

RESOLVED

That Cabinet notes

1.            the projected outturn for the year 2018/2019 as summarised in report FIN/456.

2.            the Section 106 contributions identified to fund the Memorial Gardens Play Improvement Project as identified in Paragraph 9.1 of the report FIN/456.

Reasons for the Recommendations

To report to Councillors on the projected outturn for the year compared to the approved budget.

Planning and Economic Development Portfolio

To consider report PES/306 of the Head of Economy and Planning.

The Cabinet Member for Planning and Economic Development presented report PES/306 of the Head of Economyand Planning which set out the approach for the adoption of a revised ‘Local List of Planning Requirements’ (Local List) and arrangements for future updates.

The Cabinet were informed that the Local List was how the Council could request further information to be submitted with applications in addition to that nationally required and that the Local List was required to be reviewed every two years.

In considering the report the Cabinet noted that a publicconsultation had occurred on the proposals and account had been taken of the responses received. Also it was confirmed that the ‘Local List’ within the report was distinct from the Council’s list of ‘Locally Listed’ buildings, identified for their special local importance.

RESOLVED

That the Cabinet:

1.            approves the adoption and publication ofthe proposed Local List ofPlanningRequirements(Appendix1 to report PES/306),with effect from22November2018;

2.            delegatesauthorityto theCabinetMemberfor PlanningandEconomicDevelopmentto approvesubsequent updates totheLocal List ofPlanningRequirements tokeep it up todateand compliant with national policy.

Reasons for the Recommendations

Themost recent reviewofthe LocalListofPlanningRequirementswasin 2010 anditisnowoutof date.A revised Local Listisneeded in order to apply local validationrequirements,which have themselveschanged with the adoption ofthe 2015 Local Plan.

Therevised Local List hasbeen subject to a four-weekpublicconsultationand the proposed versiontakesaccountof responses received.Officersconsider thatitrepresentsanappropriate set ofrequirementsfor planningapplicationsinCrawley.

TheTown and Country Planning(Development Management Procedure) (England) Order2015(known as the ‘DevelopmentManagement ProcedureOrder’)providesthat Local Listsmust be reviewed everytwo years in order toremaininforce.The proposed delegationisconsidered appropriate inlightof this.

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.

Environmental Services and Sustainability Portfolio

(Exempt Paragraph 3)

To consider report HPS/16 of the Head of Major Projects & Commercial Services.

The Leader presented report HPS/16 of the Head of Major Projects and Commercial Services which sort approval to award the Civil Engineering and Minor Works Framework Contract following a comprehensive procurement process. The duration of the contract would be for an initial period of three years from 2^nd January 2019 until 1^st January 2022, with an option to extend the contract for up to a further two years until January 1^st 2024.

RESOLVED

That the Cabinet approves the appointment of Contractor ‘A’ for the Civil Engineering and Minor Works Framework Contract for an initial period of three years from 2^nd January 2019 until 1^st January 2022, and subject to performance review, with an option to extend the contract for up to a further two years until January 1^st 2024. The approval was subject to the mandatory standstill period.

Reasons for the Recommendations

This Framework contract has provided an efficient and effective mechanism to procure minor works for civil engineering and hard landscaping minor projects. Works procured and delivered via this mechanism in the current contract period have included cycle path improvements, K2 Crawley leisure centre car park improvements and Broadfield Barton environmental improvements.

The recommendation will enable such works to continue to be procured and delivered by this framework contract.