Agenda and minutes

Scrutiny Committee for Community, Housing and Planning - Tuesday, 29th January, 2019 7.00 pm

Venue: Council Chamber

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No. Item


To note Substitutes in Accordance with Council Procedure Rule 4 - Substitutes at Meetings of Committees etc.


Councillor Binks substituted for Councillor Hatton.


To receive apologies for absence.


Apologies were received from Councillors Barrett-Miles, Coote, Hatton, Jones and Wyan.


To receive Declarations of Interest from Members in respect of any matter on the Agenda.




To consider any items that the Chairman agrees to take as urgent business.




To confirm the Minutes of the meeting of the Committee held on 21 November 2018 and the Joint Scrutiny Committee held on 18 December 2018. pdf icon PDF 85 KB

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The minutes of the Committee held on 21 November 2018 and the joint Scrutiny Committee meeting on 18 December 2018 were agreed as correct records and signed by the Chairman.


Expansion of Use of Powers contained within the Antisocial Behaviour, Crime & Policing Act 2014 pdf icon PDF 155 KB

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The Chairman highlighted para 16 of the report and reminded Members that this was an expansion of powers already held by the Council.  He thanked the officer for the flowcharts which helped to explain the issue of Community Protection Notices (CPN) and Public Spaces Protection Orders (PSPO).


Kate Wilson, Business Unit Leader for Community Services, Policy and Performance introduced the report. The Business Unit Leader commented that the Council was only using some of the powers of the Act and it was not the Council’s responsibility to be a police force but to use their powers where it was appropriate to do so.  Members were advised that this was not a quick fix or a solution for all Anti-Social Behaviour (ASB) and the Council would continue to work with their statutory partners, i.e. Police. 


Members discussed whether the use of CPNs would be the appropriate action to take for ASB issues, if there were issues all across Mid Sussex, what support was available for abusers and their families and how the success would be measured.  The Business Unit Leader commented that the powers would be used in a measured and proportionate manner in line with the guidance; however ASB usually stops once a Community Protection Warning has been issued.  If required the matter could be escalated by issuing a Fixed Penalty Notice (FPN) on a person or a body whether they had an active or passive role in the behaviour and only a delegated and trained officer could escalate the matter with a FPN.  She noted that if a FPN is breached then the matter would be reviewed by a Magistrate.  


Minors and family members would be offered support from various agencies and a Mid Sussex Anti-Social Behaviour Risk Assessment Conference (ASBRAC) should be held fortnightly to assess the requirements and monitor each breach. The success of expansion of powers would be assessed annually. 


The Business Unit Leader advised that any comments regarding the provision of Police Wardens should be directed to the Town Council and the powers could be expanded to other agencies and training would be offered.  The agencies would all work in the same way and share information. She noted that Empowering Communities Inclusion and Neighbourhood Management System (ECINS) is a national database and some agencies have access and confirmed that it is used by the Police and British Transport Police.  With regard to pressures on budgets the Mid Sussex work closely with the Task and Finish Group.


In response to a question the Business Unit Leader advised Members that landlords would be at the Mid Sussex Anti-Social Behaviour Risk Assessment Conference (ASBRAC) meetings and they could apply to a Magistrate for a CPN once a criminal conviction was received.  Norman Webster, Cabinet Member for Community acknowledged that some Housing Associations do evict tenants but this is the ultimate sanction after all other avenues have been exhausted.  He noted that some complex issues take a while to resolve and agencies should always be mindful of the circumstances.  ...  view the full minutes text for item 6.


Statement of Community Involvement (SCI) pdf icon PDF 68 KB

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Lois Partridge, the Business Unit Leader for Planning Policy and Economy introduced the report and noted that it is a legal requirement to update the Statement of Community Involvement (SCI) at least every five years.  The current SCI dates from 2011 and has been updated to ensure it complies with all national policy and guidance and the District Plan. It was noted that the draft went to public consultation in the autumn of 2018. Several responses proposed no changes and the adjustment to the wording on page 15 of appendix two encourages planning applicants to engage with Town or Parish Councils.  The Business Unit Leader for Planning Policy and Economy commented that the consultation included the Guidance on Planning Performance but no comments were received.  The SCI is not a statutory document but requires adopting by the Council to fulfil its legal compliance. 


In response to a Member’s question Judy Holmes, Assistant Chief Executive confirmed that the Council was working towards adopting the Community Infrastructure Levy (CIL) and could not do so until the Government had concluded their consultation. 


Andrew MacNaughton, Cabinet Member for Housing and Planning noted the comprehensive report and advised that the Council had to have an SCI or they could be challenged. 


The Chairman noted that only 5 responses were received and commended the highly qualified officers on their work. He advised Members that the Business Unit Leader for Planning Policy and Economy was leaving the Council and thanked her for her hard work.


As there were no more questions the Chairman took Members to the recommendations as set out in the report, which were agreed unanimously.




The Committee:


      i)        Considered the proposed changes to the draft Statement of Community Involvement in response to public consultation;


     ii)        Considered the Guidance Note on PPAs and;


Recommended that:


a)            The Council adopts the draft Statement of Community Involvement and


b)         The Cabinet Member for Housing and Planning approves Guidance on the use of Planning Performance Agreements for publication on the Council’s website.



Scrutiny Committee for Community, Housing and Planning Work Programme pdf icon PDF 55 KB


The Chairman noted the tabled amended work programme.


Tom Clark, the Solicitor to the Council introduced the work programme and informed Members that the report on the conservation work would be presented at a future committee meeting.


The Chairman moved to the recommendation which was agreed unanimously.




The Committee agreed the tabled work programme.


Questions pursuant to Council Procedure Rule 10 due notice of which has been given.