Meeting documents

Council
Tuesday, 25th September, 2007 8.15 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
C 07/070 Declarations of interest.
There were no declarations of interest made.
C 07/071 Minutes
RESOLVED: That the Minutes of the proceedings of the meeting of the Council held on 10th July 2007 be approved as a correct record and signed by the Mayor.
C 07/072 Minutes
RESOLVED: That the Minutes of the proceedings of the special meeting of the Council held on 7th August 2007 be approved as a correct record and signed by the Mayor.
C 07/073 Mayor's Announcements.
The Mayor presented Phil Quaife with a Young Achiever Award in recognition of his sporting prowess as a champion racing car driver.

The Mayor advised that she had undertaken 115 engagements to date and she thanked the Deputy Mayor for attending a further 17 events on her behalf. She made particular reference to her attendance at the Royal Garden Party at Buckingham Palace, participating in a blindfolded walk organised by Guide Dogs for the Blind and a visit to the Kenward Trust at Yalding. She reported that she had particularly enjoyed her visits to the Summer Playscheme.

Amongst her recent programme of events she mentioned the Rat Pack Concert at the Tonbridge Music Festival, the annual cricket match against Maidstone Borough Council on 12 August, the charity performance of 'Blue Planet Live' on 26 August (which had raised approximately £9,000 for the nominated charities) and her Garden Party on 13 September (where over £600 had been raised for her charities).

She was pleased to announce the success of the Council's golf team against Poult Wood Golf Club on 16 September and was presented with the Mauling Cup by Councillor M Dobson.

She invited Members' support at the Jazz and Dinner Evening at Poult Wood on 19 October and the Tonbridge Christmas Festival on 2 December. She reminded Members that the investiture of the new Freemen of the Borough would be held at the River Centre on 23 November 2007.
C 07/074 Questions from the public pursuant to Council Procedure Rule No. 5.6
The Council considered a question submitted by Mrs F Hoskins pursuant to Council Procedure Rule No 5.6. Details of the question regarding air quality issues in Tonbridge High Street and the response of the Cabinet Member for Environmental Services were circulated at the meeting.
C 07/075 Questions from Members pursuant to Council Procedure Rule No 5.5.
No questions were received from Members pursuant to Council Procedure Rule No 5.5.
C 07/076 Notices of Motion submitted pursuant to Council Procedure Rule No 5.18
The following Notice of Motion was proposed by Councillor Evans and seconded by Councillor Rhodes:-

"Council notes that

(1) Giscard d'Estaing, the author of the original Constitution, has described the differences between his initial text and the "Reform Treaty", signed by Tony Blair on 23 June, as "few and far between" and "more cosmetic than real".

(2) The Leaders of nearly all EU partners publicly acknowledge that this new Treaty is virtually the same as the Constitution Treaty.

(3) The Constitution Treaty was rejected by France and The Netherlands.

(4) Many politicians across the political spectrum in Britain and many other organisations, including the Trades Union Congress, consider that a Referendum on the Treaty would be appropriate.

(5) the 2005 Labour Party manifesto, page 84, states " We will put [the Constitution Treaty] to the British people in a referendum"

Council resolves to demand that the Prime Minister, Gordon Brown, and the Government abide by the promise made to the British people, in the manifesto on which they were elected, to hold a Referendum on the European Treaty, signed by Tony Blair in June 2007.

Council agrees that, in addition to the Prime Minister, the Foreign Secretary and the Chairman and General Secretary of the Labour Party, copies of this resolution will be sent to the local MPs, MEPs, Leaders of the main Opposition Parties, and to the media."

RESOLVED: That the Motion be agreed.
C 07/077 Leader's Announcements.
The Leader summarised the Council's achievements against key priorities during the current municipal year.

He welcomed the recent appointment of the new Borough Commander, Chief Inspector Tony Thomas.

He advised Members that details of the Royal Mail's proposals for the closure of local post offices would be considered at the next meeting of the Community Development Advisory Board.
C 07/078 Licensing Act 2003: Review of Statement of Licensing Policy
 
Item LA 07/027 referred from Licensing and Appeals Committee minutes of 20th August, 2007

RESOLVED: That the recommendation at Minute LA 07/027 be adopted.
C 07/079 Charities Act 2006: Charitable Collections
 
Item LA 07/028 referred from Licensing and Appeals Committee minutes of 20th August, 2007

RESOLVED: That the recommendation at Minute LA 07/028 be adopted.
C 07/080 Animal Welfare Act 2006: Licensing or Registration of Activities Involving Animals
 
Item LA 07/029 referred from Licensing and Appeals Committee minutes of 20th August, 2007

RESOLVED: That the recommendation at Minute LA 07/029 be adopted.
C 07/081 Adoption of a New Code of Conduct
 
Item ST 07/015 referred from Standards Committee minutes of 29th August, 2007 .

The report of the Chief Solicitor set out an amended draft Code of Conduct. It was noted that there would be further reports to the Standards Committee clarifying which parts of the protocols were mandatory or discretionary and the extent to which the rules regarding planning also applied to the Local Development Framework.

RESOLVED: That the recommendation at Minute ST 07/015 be adopted.
C 07/082 Risk Management Strategy
 
Item CB 07/098 referred from Cabinet minutes of 5th September, 2007

RESOLVED: That the recommendation at Minute CB 07/098 be adopted.
C 07/083 Capital Strategy 2007/08
 
Item CB 07/099 referred from Cabinet minutes of 5th September, 2007

RESOLVED: That the recommendation at Minute CB 07/099 be adopted.
C 07/084 Human Resources Strategy Update
 
Item CB 07/100 referred from Cabinet minutes of 5th September, 2007

RESOLVED: That the recommendation at Minute CB 07/100 be adopted.
C 07/085 Local Play Strategy
 
Item CB 07/101 referred from Cabinet minutes of 5th September, 2007

RESOLVED: That the recommendation at Minute CB 07/101 be adopted.
C 07/086 Tonbridge and Malling Local Development Framework: Core Strategy - Inspector's Report and Adoption
 
Item CB 07/102 referred from Cabinet minutes of 5th September, 2007

RESOLVED: That the recommendation at Minute CB 07/102 be adopted and thanks be recorded to the Director of Planning, Transport and Leisure, the Chief Planner (Policy) and his team for their work in relation to the Local Development Framework Core Strategy.
C 07/087 Updates to the Constitution
The Monitoring Officer presented details of amendments required to the Constitution in respect of the appointment of inspectors under the Animal Welfare Act 2006; changes in the delegations arising from the Charities Act 2006 and changes in the delegations arising from the Animal Welfare Act 2006. In addition, Members' attention was drawn to an amendment made to the delegations to the Area Planning Committees in Part 3 (Responsibilities) following the adoption of the Local Development Framework.

RESOLVED: That

(1) the alterations to the Council's Constitution referred to in the report be adopted; and

(2) the Monitoring Officer be authorised to make any necessary consequential amendments.
C 07/088 Independent Members of Standards Committee
The Chairman of the Interview Panel for Appointing Independent Members of the Standards Committee, Councillor P Homewood, reported the outcome of the meeting of the Panel held on 31 July 2007.

RESOLVED: That

(1) Mrs Nicola Samels' offer to serve as an Independent Member of the Council's Standards Committee until 30 June 2009 be accepted;

(2) Mr Tony Bishop be appointed as an Independent Member of the Council's Standards Committee until 30 June 2011;

(3) Mrs Nicola Samels be invited to become Independent Chairman of the Standards Committee; and

(4) Mr Michael Rowe be thanked for his past service as an Independent Member of the Council's Standards Committee, for his work in establishing the new ethical framework within the Council and his leadership as Independent Chairman of the Council's Standards Committee from 2002 to 2007.
C 07/089 Membership of the Town and Parish Councils Standards Sub-Committee
The Monitoring Officer presented details of the current parish council representatives serving on the Town and Parish Councils Standards Sub-Committee.

RESOLVED: That

(1) the names of the parish council representatives be noted;

(2) the town and parish councils be urged to find sufficient representatives so as to bring membership of the sub-committee up to strength; and

(3) Mr J Day, Mr B Hughes, Mr M Stonard and Mr R Whiteside be thanked for their past service on the Town and Parish Councils Standards Sub-Committee.
C 07/090 Appointments to Outside Bodies
The report of the Central Services Director invited the Council to confirm the appointment of Councillor M Worrall to the Snodland Partnership Steering Group in place of Councillor Mrs S Boakes.

RESOLVED: That the appointment of Councillor M Worrall to the Snodland Partnership Steering Group be confirmed.
C 07/091 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.
The meeting ended at 2129 hours having commenced at 2015 hours

Attendance Details

Present:
Her Worship the Mayor (Cllr Mrs F A Kemp), the Deputy Mayor (Cllr C P Smith), Cllr D J Aikman, Cllr A W Allison, Cllr Mrs J A Anderson, Cllr Ms J A Atkinson, Cllr J A L Balcombe, Cllr O C Baldock, Cllr M A C Balfour, Cllr Mrs S J Boakes, Cllr P F Bolt, Cllr Ms V Branson, Cllr Mrs B A Brown, Cllr F R D Chartres, Cllr J R H Clements, Cllr M A Coffin, Cllr G Court, Cllr R W Dalton, Cllr M O Davis, Cllr M J Dobson, Cllr Mrs F A English, Cllr D W P Evans, Cllr Mrs C A F Grant, Cllr Mrs M F Heslop, Cllr Mrs E M Holland, Cllr P J Homewood, Cllr D Keeley, Cllr R D Lancaster, Cllr D Lettington, Cllr Mrs S L Luck, Cllr B J Luker, Cllr M J MacDonald, Cllr Miss A Moloney, Cllr Mrs S M Murray, Cllr Mrs A S Oakley, Cllr M R Rhodes, Cllr T J Robins, Cllr H S Rogers, Cllr A G Sayer, Cllr Miss J L Sergison, Cllr Mrs E A Simpson, Cllr Ms S V Spence, Cllr B D Stone, Cllr L A Withey, Cllr Mrs C J Woodger and Cllr M S Worrall.
In attendance:
Apologies for absence were received from Councillors C Brown, Cure, D Davis, N Heslop, D Smith, Sullivan and Thornewell.