Meeting documents

Council
Tuesday, 13th December, 2005 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
C 05/064 Declarations of interest.
Councillor Rowe, as a member of the Kent Police Authority, declared an interest in the Notice of Motion submitted pursuant to Council Procedure Rule No 5.17 in respect of the future of policing in Kent.
C 05/065 Minutes
RESOLVED: That the Minutes of the proceedings of the meeting of the Council held on 27 September 2005 be approved as a correct record and signed by the Mayor.
C 05/066 Mayor's Announcements.
The Mayor advised that the past few months had been extremely busy and enjoyable and that he had attended 104 engagements. He thanked the Deputy Mayor for attending 11 events on his behalf.

The Mayor reported that the 'Latin Swing' evening held on 1 October had raised approximately £700 for his charities. A 'good time' had also been had by everyone attending the Tea Dance held on 18 November. The Mayor reported that Friday 8 November had also marked the official opening of the East Peckham Dam.

The Mayor thanked Councillor Coffin for providing a spectacular fireworks display for the opening of the Tonbridge Christmas Festival on 4 December.

The Mayor advised that he had felt greatly privileged to meet Her Royal Highness, The Princess Royal, on Friday 9 December when she had visited the Borough to open 40 new units of assisted accommodation at the Royal British Legion Village.

The Mayor thanked Councillor Heslop for his support at the overnight 'sleep-out' in aid of the Bridge Trust which had highlighted the needs of the 'homeless'.

The Mayor announced a 'Call My Bluff' Quiz Evening on 24 February, a 'Big Band' evening on 24 March and his Charity Ball on 27 April and encouraged Members to support these events.
C 05/067 Questions from the public pursuant to Council Procedure Rule No 5.6.
No questions were received from the public pursuant to Council Procedure Rule No 5.6.
C 05/068 Questions from Members pursuant to Council Procedure Rule No 5.5.
Councillor Rowe asked the following questions under Council Procedure Rule 5.5.

"1. Does the leader of this council have any comments to make with regards to Kent County Council having written to the government, along with 6 other south-east county councils, requesting that they should be accepted as unitary authorities. Does he support the KCC view that they will be better able to serve the residents more efficiently and cost effectively by working directly with Parish Councils and cutting out the additional bureaucracy of District and Borough Councils.

2. Does the leader support the KCC cabinet view on the proposed reconfiguration of PCTs that one Primary Care Trust for the Kent County Council area, should be established in order to provide co-terminosity of provision of Social Services together with those of Children and Education, as is provided in Medway.

3. Would the leader endorse KCC`s support of Kent Police in remaining as a stand alone Police Authority, able to stand alone as a strategic force and able to provide an efficient and co-terminus service to the people of Kent and Medway."

To which Councillor Worrall, Leader of the Council, replied as follows:-

"1. I will deal with this matter as part of the item 'Leader's Announcements';

2. I would advise Councillor Rowe that this authority has yet to be officially consulted on this matter; and

3. I refer Councillor Rowe to the Notice of Motion submitted pursuant to Council Procedure Rule 5.17."
C 05/069 Notices of Motion submitted pursuant to Council Procedure Rule No 5.17
The following Notice of Motion was proposed by Councillor Thornewell and, in the absence of Councillor Mrs Simpson, seconded by Councillor Munro:-

"That Tonbridge and Malling Borough Council

(i) expresses its concern at
• the decline of local services and facilities which affects local communities and in particular the elderly and people on the lowest incomes;
• the resulting decline of local jobs and local economies and the resulting extra traffic and pollution caused by the need to travel further

(ii) and notes that this combination of factors increases people's feelings of exclusion and lack of involvement; and so

(iii) supports measures to reverse this process and

(iv) supports the concept of local sustainability as envisaged in the Sustainable Communities Bill, namely;
• the promotion of local economies
• the promotion of local services and facilities
• the protection of the environment
• the reduction of social exclusion and
• measures to increase involvement in the democratic process

(v) and accordingly resolves to support the Sustainable Communities Bill which
• requires the government to assist councils and communities in promoting local sustainability in ways decided by them; and
• sets up a participative process whereby councils and communities can drive the way in which government uses its power and influence to assist with the promotion of local sustainability; and
• notes that this Bill is therefore fully in accord with current thinking in local government in that it impacts on central authorities and does not impose any new duties on councils but instead enables them to influence how government uses its resources and influence to help councils and communities; and
• specifically provides that where councils themselves decide to take action to promote local sustainability they should be given the resources to do so; and so

(vi) further resolves
• to inform the local media of this decision;
• to write to local MPs, asking them to support the Bill; and sign EDM (Early Day Motion) No. 641; and
• to write to Local Works, the Campaign behind the Bill, (at 94 White Lion Street, London N1 9PF) expressing its support."

RESOLVED: That this matter be remitted to the next meeting of the Community Development Advisory Board.


The following Notice of Motion was proposed by Councillor Aikman and seconded by Councillor Worrall:-

"Mindful of Kent's geographic position as the gateway to mainland Europe with the special policing pressures that creates and the effective links that have been established with the Metropolitan Police to address criminality that crosses the common boundary; this Council fully supports the retention of Kent Police and its development into a stand alone strategic force.

This Council therefore urges the Home Secretary to have proper regard for the particular challenges of successfully policing the County of Kent, which provide a logical and strong argument for maintaining the Kent Police force that will continue to enjoy the support and confidence of the people of Kent."

RESOLVED: That the Motion be agreed.
C 05/070 Leader's Announcements.
The Leader advised that his announcements would be confined to the issue of the possible re-structuring of local government. He reported that the Local Government Minister, David Miliband, had indicated that the Government was minded to invite proposals for the re-structuring of local government. In an article published in the Local Government Chronicle Mr Miliband had suggested that councils would be invited to submit proposals for re-structuring in their areas and that a three month period would be given for this process. In direct contrast to previous reforms of local government there would be no detailed study by an independent body or Royal Commission. The Leader indicated that, contrary to Councillor Rowe's suggestion in his question asked pursuant to Council Procedure Rule No 5.5, the Leader of the County Council opposed structural reform and wished to work with the district authorities on production of a joint submission arguing for the retention of the present structure with the evolution of partnership arrangements between the different levels of authority. The Leader indicated that there was widespread agreement amongst the district authorities in Kent that the re-structuring of local government was unnecessary and would lead to increased costs and the diminution of quality of services.

The Leader invited the leaders of the Labour and Liberal Democrat Groups to comment on his announcement and requested that they convey the message to their Party Headquarters that this Council did not support the restructuring of local government at this time.

Councillors Hickmott and Thornewell supported the comments made by the Leader of the Council.
C 05/071 Licensing Act 2003: Statement of Licensing Policy
 
Item AE 05/128 referred from Alcohol and Entertainments Licensing Committee minutes of 14th November, 2005 .

RESOLVED: That the recommendation at Minute AE 05/128 be adopted.
C 05/072 Gaming and Gambling Machines on Alcohol Licensed Premises
 
Item AE 05/129 referred from Alcohol and Entertainments Licensing Committee minutes of 14th November, 2005 .

RESOLVED: That the recommendation at Minute AE 05/129 be adopted.
C 05/073 Members' Planning Code of Good Practice
 
Item ST 05/013 referred from Standards Committee minutes of 22nd November, 2005 .

RESOLVED: That the recommendation at Minute ST 05/013 be adopted.
C 05/074 Indemnities for Members and Officers
 
Item ST 05/014 referred from Standards Committee minutes of 22nd November, 2005 .

RESOLVED: That the recommendation at Minute ST 05/014 be adopted.
C 05/075 Council Tax and Housing Benefit Administration Strategy
 
Item CB 05/081 referred from Cabinet minutes of 23rd November, 2005 .

RESOLVED: That the recommendation at Minute CB 05/081 be adopted.
C 05/076 Establishment of Customer Contact Advisory Board
 
Item CB 05/082 referred from Cabinet minutes of 23rd November, 2005 .

RESOLVED: That the recommendation at Minute CB 05/082 be adopted.
C 05/077 Development Control - Public Speaking
 
Item PE 05/025 referred from Planning and Transportation Advisory Board minutes of 24th October, 2005 .
 
Item CB 05/083 referred from Cabinet minutes of 23rd November, 2005 .

and as item CB 05/083 referred from Cabinet minutes of 23rd November, 2005.

RESOLVED: That the recommendation at Minute CB 05/083 be adopted.
C 05/078 Creation of an Audit Committee
The report of the Management Team set out details of the terms of reference in respect of an Audit Committee to be established in accordance with guidance issued by CIPFA.

RESOLVED: That

(1) the Council establish an Audit Committee in accordance with the recommendations set out in the report;

(2) subject to the Monitoring Officer advising that the changes to the Constitution can lawfully be made, the amendments to the Constitution set out in Annex 1 to the report be adopted with immediate effect; and

(3) Councillors Court, Dorling, Mrs Harrison, Hayes and Lettington be appointed to the Audit Committee for the remainder of the municipal year with Councillors Court and Hayes appointed as Chairman and Vice-Chairman respectively.
C 05/079 Changes to the Constitution
The Monitoring Officer reported on a number of changes to the Constitution and advised that that were no legal objections to the proposed changes being made.

RESOLVED: That the Chief Solicitor be authorised to make the following changes to the Constitution, including any consequential amendments:

(1) to create the post of Customer Services Manager as a Chief Officer post, as recommended by General Purposes Committee (Minute GP05/037);

(2) to establish a Customer Contact Advisory Board as recommended by Cabinet (Minute CB 05/082);

(3) Councillors R Brown (Chairman), Coffin, Cure, Davis, Drury, Mrs Harrison, Mrs Hoskins, Mrs Luck, Miners, Rhodes, Mrs Simpson, Smith and Thornewell be appointed to the Customer Contact Advisory Board for the remainder of the municipal year (Vice-Chairman to be notified out of meeting);

(4) to create an Audit Committee as recommended in the Management Team's report to this meeting; and

(5) the adoption of the Members' Planning Code of Good Practice as recommended by Standards Committee (Minute ST 05/013), the revised text of which was set out at Annex 1 to the report.
C 05/080 Appointments to Outside Bodies: Tonbridge United Charity
The report of the Central Services Director advised that a request had been received from the Clerk to the Trustees of the Tonbridge United Charity for the nomination of a replacement trustee following the resignation of Mrs D Chaffin.

RESOLVED: That Mrs D Goodall be appointed as a nominative trustee of the Tonbridge United Charity.
C 05/081 Sealing of Documents
RESOLVED: That authority be given for the Common Seal of the Council to be affixed to any instrument to give effect to a decision of the Council incorporated in these Minutes and proceedings.
PART 2 - PRIVATE
C 05/082 Technical and Administrative Support - Policy Section
(Reason: LGA 1972 Sch 12A Para 1 - Employee Information)
 
Item GP 05/046 referred from General Purposes Committee minutes of 25th October, 2005 .

  • (Attachment: 19)Report of Director of Planning and Transportation
  • (Attachment: 20)Annex A
  • (Attachment: 21)Annex B
  • (Attachment: 22)Annex C
  • (Attachment: 23)Annex D
RESOLVED: That the recommendation at Minute GP 05/046 be adopted.
The meeting ended at 2038 hours

Attendance Details

Present:
His Worship the Mayor (Cllr D G Still), the Deputy Mayor (Cllr R A Dorling), Cllr D J Aikman, Cllr A W Allison, Cllr Mrs J A Anderson, Cllr O C Baldock, Cllr M A C Balfour, Cllr P F Bolt, Cllr Mrs G S Bowden, Cllr C Brown, Cllr R C Brown, Cllr Miss J R Browne, Cllr G R W Chapman, Cllr J R H Clements, Cllr M A Coffin, Cllr G Court, Cllr D J Cure, Cllr R W Dalton, Cllr D A S Davis, Cllr M J Dobson, Cllr P J Drury, Cllr Mrs J M Harrison, Cllr J Hayes, Cllr N J Heslop, Cllr P M Hickmott, Cllr Mrs E M Holland, Cllr P J Homewood, Cllr G A Horne MBE, Cllr Mrs F A Hoskins, Cllr Mrs F A Kemp, Cllr D M Laverty, Cllr D Lettington, Cllr Mrs S L Luck, Cllr B J Luker, Cllr B Miners, Cllr E A Munro, Cllr Mrs S M Murray, Cllr Mrs A S Oakley, Cllr M J Porter, Cllr M R Rhodes, Cllr Mrs C M Ridsdill-Smith, Cllr T J Robins, Cllr H S Rogers, Cllr G Rowe, Cllr Miss J L Sergison, Cllr C P Smith, Cllr A K Sullivan, Cllr D Thornewell, Cllr Mrs C J Woodger and Cllr M S Worrall.
In attendance:
Apologies for absence were received from Councillors Diment and Mrs Simpson.