Decisions Made

The Crawley Local Plan Review has been undertaken to ensure the borough's Local Plan remains up-to-date. In accordance with the adopted Local Development Scheme, the new Crawley 2035 has been prepared based on the outcomes of monitoring the implementation of the 2015 adopted Local Plan, feedback from the early engagement consultation and updating the supporting technical evidence base.

It is supported by a number of statutory supporting documents (a Local Plan Map, a Sustainability Appraisal, a Habitats Regulations Assessment and a Consultation Statement).

Cabinet is asked to recommend to Full Council to approve the submission draft Local Plan for Publication consultation (a statutory six-week period of public consultation).

Cabinet is asked to recommend to Full Council to approve the submission draft Local Plan for Submission to the Secretary of State for Examination by an independent Planning Inspector, subject to minor amendments deemed necessary following consultation for the purposes of clarity.

Cabinet is asked to recommend to Full Council to approve the publication and submission of the supporting documents for the Local Plan: the Local Plan Map; the Sustainability Appraisal; the Habitats Regulations Assessment; the Consultation Statement; and the detailed technical evidence base documents necessary for supporting the Local Plan through Examination.

The Cabinet Member for Planning and Economic Development presented report PES/336 of the Head of Economy and Planning which set out the proposed submission of Crawley Local Plan 2020 – 2035 and its supporting documents, for public consultation and submission to the Secretary of State for Independent Examination.

The Cabinet were informed that the Crawley Local Plan Review had been undertaken to ensure the borough's Local Plan remained up-to-date. In accordance with the adopted Local Development Scheme, the new Crawley 2035 Local Plan had been prepared based on the outcomes of monitoring the implementation of the 2015 adopted Local Plan, feedback from the early engagement consultation, and updating the supporting technical evidence base. It had been considered to be an appropriate strategy, taking into account the reasonable alternatives, and the 2015 Plan which was considered to be ‘sound’. This means the Plan had been positively prepared and was justified, effective and consistent with national planning policy. The Plan also included the proposal for the removal of the safeguarded land surrounding Gatwick, as agreed at the Full Council meeting in December 2018.

The Plan was supported by a number of statutory supporting documents (a Local Plan Map, a Sustainability Appraisal, a Habitats Regulations Assessment and a Consultation Statement). It was also supported by a number of detailed evidence-based documents including an Infrastructure Plan, a Housing Trajectory, a Duty to Cooperate Statement, and topic-based technical studies.

It was noted that following the Planning Inspector’s decision, after the Independent Examination has been completed, the Local Plan would be brought back to Cabinet and Full Council respectively for adoption.

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 25 November 2019. The Commission commented that it was pleased to support the report and the proposed Local Plan.

Councillors Irvine and Lamb both spoke as part of the discussion on the report, acknowledging the importance of the Local Plan in the future development and evolution of the Borough.

RESOLVED

1)            That Full Council be recommended to:

(a)          Approve the submission draft Local Plan and Local Plan Map for Publication consultation (a statutory six-week period of public consultation).

(b)          Approve the submission draft Local Plan for Submission to the Secretary of State for Examination by an independent Planning Inspector, subject to amendments deemed necessary following consultation and updated evidence for the purposes of clarity.

(c)          Note that the final Local Plan will be brought back to Full Council following its independent examination for adoption.

2)            That the Cabinet delegates the following to the Head of Economy and Planning in consultation with the Cabinet Member for Planning and Economic Development (Generic Delegation 5 will be used to enact these recommendations), Subject to the adoption by the Full Council.

(i)       Factual amendments to the Local Plan necessary in accordance with national policy.

(ii)      Should a clear requirement to continue safeguarding at Gatwick be imposed by the Government through the publication of the Aviation White Paper, that the Local Plan be amended to ensure it is consistent with national policy.

(iii)     The approval of the supporting documents for the Local Plan and technical evidence base documents to support the Local Plan through Examination.

Reasons for the Recommendations

National Government guidance expects local planning authorities to produce up-to-date Local Plans for their areas, setting out the strategic priorities for the area over a 15-year timescale and showing how development needs will be met. The Crawley Borough Local Plan was adopted by Full Council on 16 December 2015. It covers the period 2015 – 2030 and provides the borough’s full planning policies for the purposes of development management decisions.

Submission Crawley Local Plan 2020 – 2035: http://www.crawley.gov.uk/pw/web/PUB354140

Submission draft Local Plan Map: http://www.crawley.gov.uk/pw/web/PUB354135

Sustainability Appraisal/Strategic Environmental Assessment Draft Report:

http://www.crawley.gov.uk/pw/web/PUB354139

Habitat Regulations Assessment Draft Report:

http://www.crawley.gov.uk/pw/web/PUB354136

Draft Consultation Statement: http://www.crawley.gov.uk/pw/web/PUB354137

Appendix 1: Early Engagement Consultation Materials

http://www.crawley.gov.uk/pw/web/PUB354142

Appendix 2: Regulation 18 Representations Received and Draft Officer Response

http://www.crawley.gov.uk/pw/web/PUB354141

Draft Infrastructure Plan: http://www.crawley.gov.uk/pw/web/PUB354138

The report will seek approval for the Council's participation in the LASER Energy Buying Group Framework contract for water supply, sewerage and other services.

The Leader of the Council presented report HPS/21 of the Head of Major Projects and Commercial Serviceswhich set out that the Council was currently undertaking a joint procurement initiative with Horsham District Council and Mid-Sussex District Council using the LASER (Local Authority Energy Buying Group) Framework contract arrangements for Water and Sewerage Services to the Council’s operational sites. However due to the joint procurement and the need to coordinate the timescales, the report sought approval for the decision of award of the Water Services Contract to be delegated to the Cabinet Member for Environmental Services and Sustainability.

RESOLVED

That the Cabinet notes the current work taking place on the Water Services Contract and delegate the decision to award the contract for the provision of the Water Services Contract to the Cabinet Member for Environmental Services and Sustainability, following the evaluation of the tender process.

Reasons for the Recommendations

In line with the Constitution, Cabinet would normally approve the award of any contract with a total value over £500,000. Due to tight implementation timescales and the requirement to obtain Cabinet approval from each of the authorities participating in the tender process, the report recommends that the best approach in order to meet the contract start date is to seek approval to delegate the contract award decision. It is therefore recommended that the Cabinet Member for Environmental Services and Sustainability makes the award of the contract.

The LASER Framework has been able to deliver savings at up to 3.5% below previous contract prices and achieve an average saving of 2%. Based on current expenditure this would equate to a total saving in water costs over the proposed

4 year contract period of between £21,280 (3.5%) and £12,160 (2%) based on current consumption levels.

In addition, the move to a single supplier will streamline payment and monitoring arrangements and has the potential to achieve additional savings in reduced administration costs and other water efficiency measures.

To agree the updated Statement of Licensing Policy Gambling Act 2005 for 2020 - 2023

The Leader of the Council presented report HCS/018 of the Head of Community Services, which detailed the outcome of the statutory consultation on the proposed revision of the Council’s Statement of Licensing Policy. The Council had received two responses including one from the Director of Public Heath (West Sussex County Council). It was noted that as Crawley Borough Council was the Licensing Authority it was required under the Gambling Act 2005 to approve, following consultation, a Statement of its Licensing policy under the Gambling Act 2005 every three years.

The Cabinet noted the Overview and Scrutiny Commission’s support for the recommendations from its meeting on 25 November 2019, as presented by Councillor Rana and as detailed in the Commission’s comments to Cabinet.

Councillor Mullins commented that as part of the consideration of the report, it had been considered by the Licensing Committee at its meeting on 11 November 2019, which supported adoption of the revised policy.

RESOLVED

1)            That the Cabinet notes and endorsed the proposed revised Statement of Licensing Policy Gambling Act 2005 (2020- 2022) (as set out in Appendix A report HCS/018).

2)            That Full Council be recommended to approve and adopt the proposed revised Statement Licensing Policy Gambling Act 2005 (2020-2022) set out in Appendix A of report HCS/018

Reasons for the Recommendations

It is a statutory requirement under the Gambling Act 2005 for a Licensing Authority to prepare a Statement of its Licensing policy every three years. The Council is the Licensing Authority for the borough of Crawley. It is therefore necessary to agree and develop the proposed strategy to discharge the Council’s role in its capacity of Licensing Authority for the 3 year period 2020 – 2022.

Exempt Paragraph 3

Information relating to the financial or business affairs of any particular person

(including the authority holding that information)

The Leader of the Council presented report HPS/18 of the Head of Major Projects and Commercial Services which summarised the current Waste and Recycling Contract arrangements and recommended extending the existing contract for a 3 year period from 1 February 2021 to 31 January 2024. It was noted that the rationale for taking the decision now was to provide time to manage a procurement process in advance of 31 January 2021, should the Cabinet not be minded to confirm the contract extension. Another factor in support of extending the current contract was to   allow for sufficient time for the national Resources and Waste Strategy recommendations to be released, in order for those proposals to be built in to the next contract.

Councillors Irvine, Mullins and P. Smith all spoke as part of the discussion on the report and the extension.

RESOLVED

That the Cabinet approves

1)            the extension of the existing Waste and Recycling Contract with Biffa Municipal Ltd (Biffa) for the period 1 February 2021 to 31 January 2024 in line with arrangements outlined in this report. This proposed extension will include:

(i)         Continued utilisation of the existing fleet over the extension period.

(ii)        an increased contract fee of £75,000 pa (indexed) to be built into the Council’s Budget Strategy for a three year period from 1 February 2021.

(iii)       the Council accepting maintenance risk above the current costs associated with vehicle maintenance and hire over the contract extension period. It is estimated that this cost will be £30,000pa with this being funded from the ring fenced waste and recycling reserve.

(iv)       provision of an additional maintenance bay at the Vehicle Workshop. Adaptation costs to be funded from the Council’s Planned Maintenance Budget.

(v)        the allocation of £90,000 from the 2020/21 vehicle replacement fund for replacement vehicles to ensure the fleet is responsive to current requirements.

(vi)       agrees in principle to consider round rebalancing, with the Council reserving the right to accept (or reject) the final proposal.

(vii)      to retain the existing arrangements in relation to the collection of ‘side waste’ reconfirming the Council’s commitment to continue its work to discourage this waste, thereby increasing recycling, reducing rubbish and improving manual handling.

(viii)     to retain the existing arrangements in relation to resident engagement, accepting that not all resident engagement will be undertaken at the time of collection.

2)            delegates to the Head of Major Projects & Commercial Services in consultation with The Cabinet Member for Environmental Services and Sustainability the negotiation and agreement of the terms of the Contract extension.

Reasons for the Recommendations

This report summarises the current Waste and Recycling Contract arrangements and recommends extending the existing contract for a 3 year period from 1 February 2021 to 31 January 2024.

It is necessary to bring forward this decision now to provide time to manage a procurement process in advance of 31 January 2021, were Cabinet to be minded not to confirm the contract extension.

The report seeks approval of the new Tenancy Strategy.

The Cabinet Member for Housing presented report SHAP/77 of the Head of Strategic Housing which was a proposed update of the Council’s existing Tenancy Strategy which was first published in 2012, and modified in 2014. It was subject to a further review in 2018 and the draft Tenancy Strategy 2019 – 2024 (Appendix A of report SHAP/77) was updated following the 2018 review. It was proposed that it would replace the Council’s existing Tenancy Strategy and would apply to providers and all service users in Crawley. Members were informed that the principle of the Strategy was to identify key areas that registered providers, who have housing stock in Crawley, would be asked to take into account when formulating their tenancy policies and approaches for residents.

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 25 November 2019. The Cabinet noted the Commission’s comments.

RESOLVED

1)            That Full Council be recommended to request Full Council to approve the Tenancy Strategy 2019 – 2024 (Appendix A of report SHAP/77) for adoption and subsequent publication; and to

2)            That the Cabinet delegates authority to the Head of Strategic Housing, in consultation with the Cabinet Member for Housing, to make minor amendments to the Tenancy Strategy 2019 - 2024 as further changes to legislation and statutory guidance are introduced and following an annual review of the action plan.  (Generic Delegation 7 will be used to enact this recommendation). Subject to the adoption by the Full Council.

Reasons for the Recommendations

To fulfil the Council’s legal duty to publish a Tenancy Strategy to set out matters to which registered providers are to have regard to when formulating their Tenancy Policies.

The report seeks approval of the new Homelessness Strategy.

The Cabinet Member for Housing presented report SHAP/76of the Head of Strategic Housing which set out the proposed draft Homelessness and Rough Sleeping Strategy 2019 - 2024, which would be replacing the current Homelessness Strategy 2014 – 2019, which was set to expire at the end of the year. Members were informed that the Cross-Government Rough Sleeping Strategy published August 2018 required all local authorities to have an updated Homelessness Strategy, incorporating how they intend to tackle rough sleeping by 31 December 2019, and it was confirmed that the proposed Strategy covered this requirement.

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 25 November 2019. The Cabinet noted the Commission support for the report.

Councillor Lamb also spoke on the proposed Strategy as part of the Cabinet consideration.

RESOLVED

1)            That Full Council be recommended to app rove the Homelessness and Rough Sleeping Strategy 2019 – 2024 (Appendix A to report SHAP/76) for adoption and subsequent publication.

2)            The Cabinet delegate’s authority to the Head of Strategic Housing, in consultation with the Cabinet Member for Housing, to make minor amendments to the Homelessness and Rough Sleeping Strategy and Action Plan as further changes to legislation and statutory guidance are introduced and following an annual review of the Action Plan. (Generic Delegation 7 will be used to enact this recommendation). Subject, it being adopted by the Full Council

Reasons for the Recommendations

To fulfil the Council’s legal duty to publish a Homelessness Strategy on expiry of the previous Homelessness Strategy, designed to demonstrate how the authority intends to prevent and address homelessness in the future.

The Leader of the Council presented report FIN/484 of the Head of Corporate Finance which set out an update on the Council’s Treasury Management Strategy for the two first quarters of 2019/2020. It was noted that the report proposed to amend the Council’s Ethical Investment Policy as a result of the adopted Notice of Motion relating to the Climate Emergency Declaration at Full Council on 17 July 2019.

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 25 November 2019, commenting that the Commission was in support of the recommendations and of the approach being taken on the Council’s investments.

Councillor P. Smith spoke as part of the discussion on the report.

RESOLVED

1)            That the Cabinet notes the report FIN/484 and the treasury activity for the first two quarters of 2019/2020;

2)            That Full Council be recommended to the approval of an amendment to the Ethical Investment Policy within the Council’s Annual Investment Strategy (see section 5.3 of report FIN/484).

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.

The Leader of the Council presented report FIN/482 of the Head of Corporate Finance to the Cabinet which provided a summary of the Council’s actual revenue and capital spending up to the second quarter ending September 2019.  It identified the main variations from the approved spending levels and any potential impact on future budgets.

RESOLVED

That Cabinet notes the projected outturn for the year 2019/2020 as summarised in report FIN/482 which included the Section 106 contributions identified to fund the specific schemes in the Play Facilities Programme as identified in Paragraph 9.1.

Reasons for the Recommendations

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

The Leader of the Council presented report FIN/483 of the Head of Corporate Finance which set out the projected financial position for 2020/21 to 2024/25 for the General Fund and the underlying assumptions.  The report also set the policy framework for the budget process, recognising that there were a range of options for capital investment, income generation, savings and Council Tax levels; none of which can be considered in isolation. The overall objective was to work towards a balanced General Fund budget over a three year period. The Leader commented that currently there was a projected surplus of £489,200 for 2020/21, and that the report contained a proposal for an increase to the Crawley’s proportion of the Council Tax of 2% for 2020/21.

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 25 November 2019. It was noted that the majority of the Commission Members supported the recommendations within the report.

Councillors Irvine and Mullins spoke as part of the discussion on the item.

RESOLVED

That Full Council be recommended to support the approval of the Budget Strategy 2020/21 to 2024/25 and to:

(a)          Note, for the purpose of projections, the current budget surplus of £489,200 for 2020/21, on the basis of a Council tax increase of 2% which is £4.08 on a Band D in property 2020/21. This surplus is due in the main due to the extension of the four year financial settlement and the delay in the fairer funding review and unexpected New Homes Bonus. However the fair funding review and the changes to Business Rates Retention will result in future significant budget gaps which will need to be addressed.

(b)          Work towards balancing this over a three year period, including putting back into reserves when the Budget is in surplus which is the case in 2020/21.

(c)          Instruct Corporate Management Team to take action to address the long term budget gap and to identify policy options for consideration by Cabinet Members and the Budget Advisory Group, which will include areas where additional resources need to be redirected.

(d)          Note that items for the Capital Programme are driven by the need for the upkeep of council assets and environmental obligations and schemes will also be considered that are spend to save or spend to earn but that such prioritisation should not preclude the initial consideration of capital projects that could deliver social value.

(e)          Note that the Budget is aligned to the Council’s Corporate Priorities.

(f)           Approve the updates to section 5.1 in the Capital Strategy in Appendix A of report FIN/483

(g)          Approve an increase in the capital programme of £500,000 for the purchase of an investment property as outlined in section 8.3 of report FIN/483

Reasons for the Recommendations

To set a Strategy for savings and income generation and working towards a balanced budget over three years. Including putting back into reserves when the budget is in surplus.

To determine the criteria for capital programme bids.

To agree the need to keep reserves as outlined in section 7 of report FIN/483.