| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| CB 09/014 |
Declarations of interest. |
Councillor Heslop declared a personal and prejudicial interest in relation to the item on Setting the Budget for 2009/10 (exceptional case requests for revenue grants to organisations) on the grounds of membership of The Bridge Trust and withdrew from the meeting during consideration of the application concerned. Councillor Worrall declared a personal and prejudicial interest in relation to the item on Setting the Budget for 2009/10 (exceptional case requests for capital grants) on the grounds of membership of West Malling Parish Council and withdrew from the meeting during consideration of the application concerned when Councillor Aikman took the Chair. Councillor Mrs Simpson also declared a personal and prejudicial interest in this item as Chairman of Trustees of St James Centre, East Malling and withdrew from the meeting during its consideration. |
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| CB 09/015 |
Council Improvement Priorities for 2009/10 Item PO 09/003 referred from Policy Overview Committee minutes of 27th January, 2009 |
Consideration was given to the joint report of the Leader and Chief Executive which had previously been discussed by the Policy Overview Committee on 27 January 2009 when the recommendations contained therein had been supported. The Cabinet was invited to endorse the Council's priorities including key priorities. RECOMMENDED: That the priorities including the key priorities, as set out in Annex 1 to the report to the Policy Overview Committee, be endorsed. *Referred to Council |
| CB 09/016 |
Treasury Management Strategy Statement and Annual Investment Strategy for 2009/10 |
The report of the Director of Finance set out for approval the Treasury Management Strategy Statement and Annual Investment Strategy for 2009/10 as required by the Local Government Act 2003. Particular attention was drawn to the way in which the additional risks arising from the systemic weakness in the banking sector and the subsequent 'credit crunch' effect were being addressed. RECOMMENDED: That the Treasury Management Strategy Statement and Annual Investment Strategy for 2009/10, as set out at Annex 1 to the report, be adopted. *Referred to Council |
| CB 09/017 |
Setting the Budget for 2009/10 |
The Chief Executive and Director of Finance presented a report updating the Cabinet on issues relating to the setting of the Revenue Budget and Capital Plan for 2009/10 together with a number of changes which had emerged since preparation of the draft Revenue Estimates booklet. A more detailed supplementary report prepared in liaison with the Leader and Cabinet Member for Finance was circulated in advance of the meeting. This updated the position on issues relating to the Medium Term Financial Strategy and confirmed the final Revenue Support Grant settlement. In introducing the report the Chief Executive drew attention to the assumptions underpinning the Medium Term Financial Strategy and the future consequences of the measures already taken and planned to achieve the savings necessary to address the funding gap. He warned that the Council would face restraint for the foreseeable future and would need to adapt to a considerably reduced level of Government support for its activities. Reference was made to the outcome of examination of the draft Revenue Estimates and the Capital Plan review process undertaken by the Finance and Property Advisory Board and the Policy Overview Committee. Consideration was given to the determination of a number of "exceptional case" applications for grants as recommended by the Advisory Board. Supplementary information was circulated at the meeting from Maidstone Cruse Bereavement Care together with an additional application from Relate West and Mid-Kent. Attention was drawn to a summary of the recommendations from Advisory Boards regarding the levels of fees and charges to be implemented from 1 April 2009 which had been incorporated in the draft Estimates. In view of the considerable financial pressure facing the Council's revenue budget and the impact that capital projects could have upon revenue, reference was made to the temporary suspension of the annual top-up of the capital reserve as part of the series of measures to assist the current severe budgetary situation. An updated summary of the Capital Plan was set out at Annex 8 to the report including the capital grants to be treated as "exceptional cases" and identified List B schemes. The report then described the remaining procedures to be followed in setting the budget for 2009/10 and calculating the Council Tax requirements. Reference was made to consultation with non-domestic ratepayers, payments made to parish councils under the scheme of Financial Arrangements together with details of parish precepts notified and the setting of prudential indicators. Consideration was given to the updated Medium Term Financial Strategy for the period 2009/10 to 2014/15 having regard to the Budget, the Government's stance on capping and identification of options for addressing the funding gap in order to maintain the integrity of the strategy. The Director of Finance explained the basis on which the statement as to the robustness of the estimates and adequacy of the reserves had been made, emphasising that this was predicated on savings of around £600,000 being identified before the start of 2010/11. Members recognised the difficult and unprecedented circumstances surrounding the preparation of the budget and recorded their thanks to all officers involved. Appreciation was also expressed of the positive response of staff to the measures identified for addressing the Council's budgetary situation. RECOMMENDED: That (1) the following grants be offered as "exceptional cases": The Bridge Trust - £2,000 West Kent Young Women's Centre - £2,000 Maidstone Cruse Bereavement Care - £750 No grant be offered in respect of the late application from Relate West and Mid-Kent (2) the fees and charges set out in Annex 2 to the report as recommended by the Advisory Boards be endorsed (see Decision Nos D090021CAB to D090025CAB); (3) the Capital Plan be updated as set out in paragraph 1.5.10 of the report as follows and adopted accordingly: (i) the deletion of/reduction to existing approved budget provision and the transfer of those List A items to List C detailed in Annex 3 to the report; (ii) the position of the existing Capital Plan (List A) as summarised in Annex 4 to the report be approved; (iii) the addition to List C, deletion from List C and the merger of those List C schemes shown in Annex 5 to the report be approved; (iv) the selection of those List C schemes listed in Annex 6 to the report for evaluation over the coming year be approved; (v) the transfer of the following List B schemes to List A be approved: Parking Action Plan Phase 7 Car Park Enhancement Programme Phase 4 Tonbridge Swimming Pool Pumping Station Refurbishment Tonbridge School All Weather Pitch; (vi) the retention on List B of the following schemes be approved: Tonbridge Riverside Park Enhancement Tonbridge Town Lock; (vii) the "exceptional case" applications from East Peckham, Trottisciffe and West Malling Parish Councils and the St James Centre Trust be approved subject to Kent County Council providing a grant of £50,000 in the case of the St James Centre, and the funding for the "exceptional cases" of £45,012 be met from the capital allowance for new schemes; (4) the prudential indicators listed in paragraphs 1.6.5 and 1.6.9 of the report be adopted for the financial year 2009/10; (5) for the financial year 2009/10 the Council's minimum revenue provision be endorsed as nil as set out in paragraph 1.6.12 of the report; (6) the adjustments to the draft Revenue Estimates outlined in paragraph 1.8.1 of the report be endorsed; (7) the proposed process for considering options for savings, as set out in paragraph 1.8.9 of the report be endorsed; (8) the Medium Term Financial Strategy be updated in accordance with paragraph 1.8.11 of the report and it be reaffirmed that a minimum general revenue reserve balance of £3m by the end of the strategy period continues to be appropriate for an authority of the size and scale of Tonbridge and Malling; and (9) the statement by the Director of Finance as to the Robustness of the Estimates and the Adequacy of the Reserves be noted and endorsed. *Referred to Council |
| CB 09/018 |
Setting the Council Tax 2009/10 |
The joint report of the Chief Executive, Director of Finance, Leader of the Council and Cabinet Member for Finance set out the requirements under the Local Government Finance Act 1992 for a billing authority to set an amount of Council Tax for each category of dwelling in its area. Members were advised that the Kent County Council, the Kent Police Authority and the Kent and Medway Fire and Rescue Authority had not yet met to determine their respective precepts for 2009/10. The report explained the figures which had to be calculated and the process to be undertaken in arriving at the levels of Council Tax to be set for each part of the Borough. Consideration was given to a draft resolution in respect of the Borough Council's level of Council Tax and it was noted that information regarding the precepts of the other authorities would be reported to the full Council on 19 February 2009. RECOMMENDED: That subject to incorporation of the precepts issued by Kent County Council, Kent Police Authority and Kent and Medway Fire and Rescue Authority when notified, the draft resolution [annexed to these Minutes] as it relates to the Borough Council's level of Council Tax be commended to the Council. *Referred to Council |
| CB 09/019 |
Open Space Strategy Item PO 09/006 referred from Policy Overview Committee minutes of 27th January, 2009 |
The joint report of the Director of Planning, Transport and Leisure and the Cabinet Members for Planning and Transportation and Leisure, Youth and Arts introduced the Open Space Strategy which had been considered by the Policy Overview Committee on 27 January 2009. A supplementary report set out detailed changes recommended by that Committee to ensure compatibility between the Open Space Strategy and the Managing Development and the Environment Development Plan Document. RECOMMENDED: That the Open Space Strategy, including the seven changes set out in the supplementary report, be adopted as part of the Council's budget and policy framework. *Referred to Council |
| CB 09/020 |
Managing Development and the Environment Development Plan Document: Pre-Submission Publication Item PO 09/007 referred from Policy Overview Committee minutes of 27th January, 2009 |
The report of the Director of Planning, Transport and Leisure advised that following public consultation on the Issues and Options report in the spring of 2008, a draft version of the Managing Development and the Environment Development Plan Document (DPD) had been considered by the Local Development Framework Steering Panel on 22 January and the Policy Overview Committee on 27 January 2009. The supplementary report gave details of a number of changes recommended by the Panel and the Committee. RECOMMENDED: That (1) the revised Green Infrastructure Network Diagram, as attached to the supplementary report to the Policy Overview Committee, be included in the Managing Development and the Environment DPD; (2) an additional paragraph relating to the removal of disused and dilapidated agricultural buildings erected under permitted development rights, as set out in the supplementary report to the Policy Overview Committee, be included following paragraph 7.1.6 in the Managing Development and the Environment DPD; (3) the detailed amendments to Policy Annexes OS1A and OS1B, as set out in Annex A to the supplementary report to the Policy Overview Committee, be included in the Managing Development and the Environment DPD; (4) subject to the inclusion of the amendments set out at (1) to (3) above, the Managing Development and the Environment DPD be adopted for the purposes of Pre-Submission Publication and subsequent submission to the Secretary of State and as a material consideration for Development Control; (5) the Director of Planning, Transport and Leisure be authorised to respond to representations received in response to Pre-Submission Publication and to put forward to the Inspector any changes that respond to those representations provided such changes raise no fundamental issues of policy, in which case a report back to Members would be necessary; and (6) thanks be recorded to the Director of Planning, Transport and Leisure, Chief Planner and team for their work on the Managing Development and the Environment DPD. *Referred to Council |
| CB 09/021 |
Adoption of AONB Management Plans Item PO 09/008 referred from Policy Overview Committee minutes of 27th January, 2009 |
The report of the Director of Planning, Transport and Leisure outlined the review process of the Management Plans for the Kent Downs AONB (Area of Outstanding Natural Beauty) and High Weald AONB, the draft plans having previously been considered by the Planning and Transportation Advisory Board on 6 January and the Policy Overview Committee on 27 January 2009. RECOMMENDED: That the first revisions of the Management Plans for the Kent Downs AONB and High Weald AONB be adopted on 27 February 2009. *Referred to Council |
| CB 09/022 |
Leisure and Arts Strategy 2008-2013 Item PO 09/009 referred from Policy Overview Committee minutes of 27th January, 2009 |
Consideration was given to the joint report of the Chief Leisure Officer and the Cabinet Member for Leisure, Youth and Arts on the Leisure and Arts Strategy for 2008-2013 which had been considered by the Policy Overview Committee on 27 January 2009. RECOMMENDED: That the Leisure and Arts Strategy 2008-2013 be adopted as part of the Council's budget and policy framework. *Referred to Council |
| DECISIONS TAKEN IN ACCORDANCE WITH PARAGRAPH 4, PART 3 OF THE CONSTITUTION | ||
| CB 09/023 |
Review of Fees and Charges 2009/10 Item PE 09/004 referred from Planning and Transportation Advisory Board minutes of 6th January, 2009 Decision Notice D090021CAB |
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| CB 09/024 |
Review of Fees and Charges 2009/10 Item FP 09/006 referred from Finance and Property Advisory Board minutes of 7th January, 2009 Decision Notice D090022CAB |
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| CB 09/025 |
Leisure Services - Review of Charges 2009/10 Item LAA 09/003 referred from Leisure and Arts Advisory Board minutes of 12th January, 2009 Decision Notice D090023CAB |
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| CB 09/026 |
Leisure Services Business Unit - Review of Charges Item LAA 09/004 referred from Leisure and Arts Advisory Board minutes of 12th January, 2009 Decision Notice D090024CAB |
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| CB 09/027 |
Review of Environmental Health Services Fees and Charges Item LEM 09/010 referred from Local Environmental Management Advisory Board minutes of 19th January, 2009 Decision Notice D090025CAB |
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| CB 09/028 |
Review of Arrangements for Collection of Cardboard at Recycling Bring Sites Item LEM 09/006 referred from Local Environmental Management Advisory Board minutes of 19th January, 2009 Decision Notice D090026CAB |
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| CB 09/029 |
Local Development Scheme Review - 2009 Item LDF 09/003 referred from Local Development Framework Steering Panel minutes of 22nd January, 2009 Decision Notice D090027CAB |
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| MATTERS SUBMITTED FOR INFORMATION | ||
| CB 09/030 |
Matters referred from Advisory Boards |
The notes of the meetings of the following Advisory Boards were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the Annex to these Minutes: Local Environmental Management Advisory Board of 19 January 2009 RESOLVED: That the report be received and noted. |
| CB 09/031 |
Matters referred from Advisory Panels and Other Groups |
The Minutes of the meetings of the following Advisory Panels or other Groups were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the Annex to these Minutes: Local Development Framework Steering Panel of 22 January 2009 RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| CB 09/032 |
Exclusion of Press and Public |
No items were considered in private. |