Decisions Made

RESOLVED

That the Cabinet notes the petition, and agrees to continue with their original decision surrounding the adventure playgrounds.

Reasons for the Recommendations

To ensure the procedure for petitions as detailed in the Council’s Constitution is adhered to.

RESOLVED

That the Cabinet approves:

a)    the funding intentions and associated outcomes for the future programme as outlined in section 5 of report HCS/24.

b)    the process for allocating funding as outlined in section 5 of report HCS/24.

c)    the process for approving grant allocations and appeals process in 2021/22 and 2022/23 as outlined in section 5 of report HCS/24.

Reasons for the Recommendations

The proposed transfer will reduce the budget gap in the General Fund as laid out in the Budget Strategy. The recommendations support the Council to achieve a balanced budget position for 2021/22 onwards whilst retaining sufficient revenue funds to deliver a high quality outcome focused commissioning and small grants programme that can better respond to our community’s needs.

They also take into account the needs of the organisations that we currently fund and allow us to support them through a transition period, as appropriate to their individual circumstance.

Exempt Part B - By Virtue of Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information)

RESOLVED

That the Cabinet approves

a)    a four year extension of the Hawth Theatre Contract with Parkwood Leisure covering the period February 1^st 2022 to January 31^st 2026.

b)    entering into a deed of variation setting out the revisions to the terms of the Hawth Theatre contract as listed in paragraph 5.2 of this report.

That Full Council is recommended to approve:

a)    The allocation of a repayable Capital Grant of £400,000 to Parkwood Leisure to provide support towards costs incurred during the Covid-19 pandemic as a result of distancing measures imposed upon theatres, and

b)    That the repayment of the Capital Grant occurs over the four year contract extension period.  

Reasons for the Recommendations

The recommendation will enable the Hawth to continue trading over the remaining period of the contract and will provide stability of the local offer in the coming years when there is expected to be continued turbulence in the wider market.

The recommendation to extend the contract for four years will see a stepped reduction in the management fee and the introduction of a profit share mechanism which will support the Council’s Medium Term Financial Strategy. 

RESOLVED

Cabinet endorses the principle of the recommendations set out in Section 6 of report OSC/292, subject to a full evaluation as part of the development of the Council’s Climate Change Emergency Action Plan and for that Action Plan to be brought back to Cabinet for consideration as soon as possible.

That Full Council be requested to:

a)            endorse the Scrutiny Panel’s findings and recommendations contained within report OSC/292

b)            request that any necessary revisions to the Council’s Constitution relating to paperless committee meetings be made.

c)            Request that the Governance Committee look at the future format of the Council’s formal and informal meetings to consider which should be face to face, virtual or hybrid.

Reasons for the Recommendations

The recommendations reflect the motion agreed by Full Council and outline proposals to help the Council to achieve the ambition to reduce carbon emissions generated by Crawley Borough Council activities by at least 45% by 2030 and to zero by 2050s.

RESOLVED

That the Cabinet:

a)            approves the making of 10 non-immediate Article 4 Directions under the Town and Country (General Permitted Development Order) 2015. These will remove the permitted development right for dwelling houses (Use Class C3) to change their use into houses of multiple occupation (Use Class C4), in the 10 zones referred to in paragraph 3.3 and outlined on the plans within AppendixA of report PES/366.

b)           delegates authority to the Head of Economy and Planning in consultation with the Cabinet Member for Planning and Economic Development to formally confirm the non-immediate Article 4 Directions following the 12 month notification period, if having fully considered all representations made during the consultation period, they are of the opinion that the Article 4 Direction should be made.

(Generic Delegation 3 will be used to enact this recommendation).

Reasons for the Recommendations

The proposed Article 4 Directions are intended to enable the council to use its planning powers to manage and limit concentrations of houses of multiple occupation (HMOs) in areas which are considered susceptible to them, so as to mitigate and avoid the cumulative impacts on local amenity associated with concentrations of this type of accommodation. The rationale for such Directions is explained below in sections 4 and 5 of report PES/366.

HMOs remain an important part of the range of accommodation available in the borough and cater to the needs of specific groups. The intention is therefore not to reduce or restrict their delivery in the borough as a whole, but merely to resist the development of significant clusters of them in particular locations, and to promote strong, balancedcommunities.

The ten residential zones where these Article 4 directions would apply are in the following locations (the extent of each zone is indicated on the maps within Appendix A of report PES/366):

Aintree Road & Epsom Road, Furnace Green

Arden Road, Furnace Green

Ardingly Close, Ifield

Beverley Mews, Three Bridges,

Caburn Heights, Southgate

Farmleigh Close, PoundHill

Rillside and Winterforld, Furnace Green

Ringwood Close, Furnace Green

Victoria Mews, WestGreen

Weald Drive, FurnaceGreen

The rationale for selecting the above 10 residential zones is explained in Section 6 of report PES/366.

RESOLVED

That Full Council be recommended to approve the following items:

a)     the Treasury Prudential Indicators and the Minimum Revenue Provision (MRP) Statement contained within Section 5 of report FIN/517;

b)     the Treasury Management Strategy contained within Section 6 of report FIN/517;

c)     the Investment Strategy contained within Section 7 of report FIN/517;

Reasons for the Recommendations

The Council’s financial regulations, in accordance with the CIPFA Code of Practice for Treasury Management, requires a Treasury Management Strategy to be approved for the forthcoming financial year.  This report complies with these requirements.

RESOLVED

That the Cabinet approves the projected outturn for the year 2020/2021 as summarised in this report.

Reasons for the Recommendations

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

RESOLVED

That Full Council be recommended to approve the following items regarding the 2021/22 Budget:

a)        to approve the proposed 2021/22 General Fund Budget including savings and growth as set out in paragraph 6.4,

b)        to approve the proposed 2021/22 Housing Revenue Account Budget as set out in section 10 and Appendix 3 of the report,

c)        to agree to ringfence £435,000 of useable capital receipts for investment in the Town Centre as a result of using Government funding on the Heat Network to avoid having to repay the grant,

d)        to agree to increase the capital budget for 2021/22 for temporary accommodation acquisition by £826,300 to be funded from the earmarked homelessness acquisition reserve,

e)        to approve the 2020/21 and future years Capital Programme and funding as set out in paragraph 11.6 of the report, 

f)         to agree that the Council’s share of Council Tax for 2021/22 be increased by 2.37% (£4.95) from £208.89 to £213.84 for a band D property as set out in paragraph 13.3,

g)        to approve the Pay Policy Statement for 2021/2022 as outlined in paragraph 16.3 and Appendix 6 of the report.

h)        to approve the CBC Pricing Strategy as outlined in Appendix 7 of the report.

Reasons for the Recommendations

To provide adequate funding for the proposed level of services and to fulfil the statutory requirement to set a Budget and Council Tax and report on the robustness of estimates.

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.

Full Council considered report Appropriation of Garages from the HRA to the General Fund - FIN/511 at its meeting on 16 December 2020, which previously had been considered by the Cabinet on 25th November 2020.

At the Full Council, they resolved the following approvals

a) the appropriation of all garages from the HRA to the General Fund as at 1 April 2021, with the exception of those garages that are included within a Crawley Homes’ tenancy agreement

b) delegated authority to the Head of Corporate Finance in consultation with the Head of Crawley Homes to use the powers under Section 122 of the Local Government Act 1972 to transfer such garages from the HRA to the General Fund, when any of the garages currently included within a Crawley Homes’ tenancy agreement falls outside of that tenancy, and

c) to develop an appropriate pricing and fees regime for the letting of garages in consultation with the Leader, and for this to take effect from 1st April 2021.

The purpose of this decision is to set the pricing for the Garages from 1 April 2021 following consultation with the Head of Crawley Homes and the Leader of the Council.