Decisions Made

On 13 March 2019, the Cabinet of Crawley Borough Council approved the making of directions under Article 4(1) of the Town and Country (General Permitted Development) Order 2015 (as amended). Detail of this decision is provided in Report PES314.

Following a 12 month notification period and having considered all representations made during consultation, it has been determined that the Article 4 Directions will come into force on 22 February 2021 in the following main employment areas:

- Lowfield Heath

- Maidenbower Business Park

- Tilgate Forest Business Centre

- Three Bridges Corridor (Denvale Trade Park/Spindle Way and Stephenson Way)

The Directions relate to the permitted development rights set out below. From the date they come into force, the Article 4 Directions remove these permitted development rights.

- Class O: Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(a) (offices) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, to a use falling within Class C3 (dwellinghouses) of that Schedule and not being development comprised within any other Class.

- Class P: Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B8 (storage & distribution centre) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, to a use falling within Class C3 (dwellinghouses) of that Schedule and not being development comprised within any other Class.

- Class PA: Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(c) (light industrial) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, to a use falling within Class C3 (dwellinghouses) of that Schedule and not being development comprised within any other Class.

Having considered all representations received during the consultation period, the Head of Economy and Planning in liaison with the Cabinet Member for Planning and Economic Development, is of the view that the Article 4 Directions are justified by robust evidence and are required to ensure there is no adverse impact on the economic role and function of the identified main employment areas or the wider economic function of Crawley.

A recent request has been received from the Crawley Hackney Carriage Association to extend the life of vehicles for a further 12 months due to the COVID-19 Pandemic. The reasons cited for this request are that licensed vehicles have not been used to the same intensity during the Pandemic due to a reduction in available work for the Taxi Trade. Furthermore, as a direct result of the reduction in work and income as a result of the Pandemic, vehicle proprietors have been unable to raise the funds anticipated to pay for a suitable replacement vehicle

Where an urgent decision needs to be taken and it cannot wait until the next relevant Licensing Committee meeting, a decision can be taken under General Committee Procedure Rule 18 which states
General Committee Procedure Rule 18

18. URGENT ACTION
18.1. If urgent action is required in respect of any Committee function before a decision
can be taken by the appropriate Committee or Sub-Committee, a written report will
be prepared for consideration by the Chief Executive who may after consultation and
agreement in writing from the Chair or Vice Chair of the appropriate Committee or
Sub-Committee to which the matter is delegated, take a decision and any necessary
action as appropriate in relation to that matter.
18.2. Should the Chair or Vice Chair of the appropriate Committee or Sub-Committee not
be available for consultation, the Mayor shall be consulted in their absence.
18.3. Every such decision shall be reported to the next available meeting of the appropriate
Committee or Sub-Committee.

The Chief Executive has delegated her function under General Committee Procedure Rule 18.1 to Kate Wilson, Head of Community Services.

Context – Licensed Vehicles Process
The primary purpose of the licensing regime is public safety, and this is the over ridding consideration in all parts of the licensing process. It is a requirement that any licensed vehicle up to 4 years of age has an annual Certificate of Compliance Test via one of the Councils Nominated Garages. This is similar to an MOT, but is more thorough, testing mechanical fitness and compliance with the Councils licence conditions and Bylaws. After 4 years of age, a Certificate of Compliance is required every 6 months and/or when a new vehicle is brought into the Trade.
Currently, the Policy is such that vehicles must cease operating as a licensed vehicle once it reaches 11 years old. Generally, the Taxi Licensing Team notify vehicle proprietors one years notice and reminders that the vehicle is coming to the 11 year old age limit. Frequently, at this age, vehicles have very high mileage with significant wear and tear.
On occasion, the Taxi Licensing Team receives requests to extend the life of the vehicle for a range of reasons including:
-Vehicle has low mileage
-Vehicle is in excellent condition
-Individual has been unable to source an alternative vehicle
Each case is considered on its merits and vehicles are assessed on a case by case basis. Prior to the COVID-19 Pandemic, Licensing Officers would inspect vehicles, and in some instances, require that a Certificate of Compliance be undertaken and issued by one of the Councils Nominated Garages to confirm mechanical fitness and compliance with licence conditions and/or bylaws. In the case of the above, vehicles are currently only permitted to remain for a further 3 months beyond the 11 year age limit.
Both Private Hire and Hackney Carriage drivers and vehicles have not been precluded from carrying out work during the COVID-19 Pandemic, despite the various lockdowns. Due to the COVID-19 Pandemic, despite being permitted to work, several drivers chose to SORN vehicles, keep them off road and therefore unused. Additionally, the availability of work has diminished as a result of the various lockdowns, resulting in less work and revenue for some drivers.
The request to extend the term of use in respect of a licenced vehicle for 12 months is a significant operational change. However, it does impact a relatively small number, in summary:
•9 vehicles between January 2021 and end of June 2021
•11 vehicles between July2021 and December 2021
Several vehicles have already been afforded a 3 month extension by the Team Leader, Health, Safety and Licensing which has allowed then to remain in the Trade beyond the 11 years. These vehicles have also had to undergo a further Certificate of Compliance Test via a Council Nominated Garage.
An extension of vehicles over 11 years old needs to be carefully managed, and is noted as exceptional due to the COVID-19 Pandemic. Any such extension will need to be subject to the following:
1. 12 month extension to run 01/02/21 – 31/01/22 only.
2. Those vehicles already afforded a 3 month extension (or other period) shall be awarded a further 9 months
only, to ensure equality and fairness and allowing a 12 month extension in total.
3. The above is applicable only for those vehicles identified, for the term identified and is not transferrable to
another vehicle.
4.A Certificate of Compliance is required at the application for an extension, and every 6 months thereafter.
5.An extension will be refused and the vehicle removed as a licensed vehicle if it is found that it does not meet
the standards required by the Certificate of Compliance, and/or where the nominated Garage identifies a matter
that impacts upon the vehicles safety or where it is no longer considered roadworthy.
6. A Nominated Licensing Officer of the Council may also form the view that to extend the term that a vehicle is
licensed is unsuitable or inappropriate,. This will be reviewed by the Team Leader for Health, Safety and
Licensing, who will give written reasons where an extension is refused.