Meeting documents

Cabinet
Wednesday, 13th October, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
CB 10/072 Declarations of interest.
Councillors Mrs Simpson and Thornewell declared personal interests in the item regarding Larkfield Recreation Ground - Play Improvements on the grounds of membership of East Malling and Larkfield Parish Council.

Councillor Coffin declared a personal interest in the item on the Local Development Framework and Isles Quarry on the grounds of membership of Wrotham Parish Council. He also declared a personal interest in the item regarding Tonbridge Castle Festival of Music and Fireworks on the grounds that his company had provided the fireworks display at the event in 2010 and took no part in the discussion or decision thereon.

Councillors Heslop, Mrs Simpson and Worrall reiterated the personal and prejudicial interests declared in relation to applications for discretionary rate relief, referred to in the Finance and Property Advisory Board notes of 29 September 2010, and already the subject of a Cabinet Member Decision.
CB 10/073 Minutes
RESOLVED: That the Minutes of the meeting of the Cabinet held on 16 June 2010 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
CB 10/074 Petition Schemes
Further to Minute CB 10/056 the report of the Central Services Director provided an update on the comparative information obtained from other Kent authorities on their petition schemes including the thresholds adopted. Details were also given of the process for dealing with petitions together with progress on selecton of an e-petition facility.

Members suggested that the operation of the scheme be subject to periodic report to the Customer Service Improvement Advisory Board to determine whether it required adjustment in the light of experience. It was emphasised that adoption of the new scheme would not restrain debate and the Council's practice of listening to the views of residents and dealing with them in an inclusive manner would continue.

RECOMMENDED: That

(1) the draft interim Petition Scheme be approved by the Cabinet in respect of executive functions and the Council in respect of non-executive functions; and

(2) the operation of the scheme be the subject of a periodic report to the Customer Service Improvement Advisory Board.
*Referred to Council
CB 10/075 Larkfield Recreation Ground - Play Improvements
Consideration was given to the joint report of the Director of Planning, Transport and Leisure, the Director of Finance and the Cabinet Members for Finance and Leisure, Youth and Arts which sought confirmation of a funding contribution of £25,000 from the Council towards a scheme by East Malling and Larkfield Parish Council to improve play facilities for young people at Larkfield Recreation Ground. A Capital Plan List C evaluation recommended immediate acceleration of the scheme to the Capital Plan.

RECOMMENDED: That the List C evaluation set out at Annex 1 to the report be approved and the scheme be accelerated immediately to the Capital Plan with funding of £25,000 from the 2011/12 Annual Capital Allowance.
*Referred to Council
DECISIONS TAKEN IN ACCORDANCE WITH PARAGRAPH 4, PART 3 OF THE CONSTITUTION
CB 10/076 The Building (Local Authority Charges) Regulations 2010
 
Item PE 10/019 referred from Planning and Transportation Advisory Board minutes of 28th July, 2010
 
Decision Notice D100117CAB

 
CB 10/077 Medium Term Financial Strategy and Preparations for the 2011/12 Budget
 
Decision Notice D100118CAB

 
CB 10/078 Risk Management Consultancy Allowance - Recommendation from the Audit Committee
 
Decision Notice D100119CAB

 
CB 10/079 The Local Development Framework and Isles Quarry West
 
Decision Notice D100120CAB

 
CB 10/080 Building Repairs Reserve Expenditure Plan 2010/11 and Six Year Plan to 2015/16
 
Decision Notice D100121CAB

 
CB 10/081 Tender for the Supply of Data Storage
 
Decision Notice D100122CAB

 
CB 10/082 Procurement Route for New Fleet of Multi-Functional Devices
 
Decision Notice D100123CAB

 
CB 10/083 The Hayesbrook School, Tonbridge - All-Weather Pitch
 
Item FP 10/040 referred from Finance and Property Advisory Board minutes of 21st July, 2010
 
Decision Notice D100124CAB

 
CB 10/084 Treasury Management Update
 
Item FP 10/045 referred from Finance and Property Advisory Board minutes of 21st July, 2010
 
Decision Notice D100125CAB

 
CB 10/085 2010 Tonbridge Castle Festival of Music and Fireworks
 
Item LAA 10/042 referred from Leisure and Arts Advisory Board minutes of 22nd September, 2010
 
Decision Notice D100126CAB

 
CB 10/086 Concessionary Fares Update
 
Item FP 10/057 referred from Finance and Property Advisory Board minutes of 29th September, 2010
 
Decision Notice D100127CAB

 
CB 10/087 Treasury Management Update
 
Item FP 10/063 referred from Finance and Property Advisory Board minutes of 29th September, 2010
 
Decision Notice D100128CAB

 
MATTERS SUBMITTED FOR INFORMATION
CB 10/088 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.

Rural Affairs Advisory Board of 29 June 2010
Strategic Housing Advisory Board of 19 July 2010
Finance and Property Advisory Board of 21 July 2010
Planning and Transportation Advisory Board of 28 July 2010
Older Persons Issues Advisory Board of 3 August 2010
Leisure and Arts Advisory Board of 22 September 2010
Finance and Property Advisory Board of 29 September 2010.

RESOLVED: That the report be received and noted.
CB 10/089 Matters referred from Advisory Panels and Other Groups
The Minutes of the meetings of the following Advisory Panels and other Groups were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the Annex to these Minutes.

Parish Partnership Panel of 9 September 2010
Tonbridge Forum of 13 September 2010
Joint Transportation Board of 20 September 2010
Twinning Committee of 23 September 2010

RESOLVED: That the report be received and noted.
CB 10/090 Recent Developments of Corporate Significance
The report of the Management Team gave details of recent developments and announcements of corporate significance. Particular reference was made to the Government's intention to replace Regional Development Agencies with Local Enterprise Partnerships (LEPs) and the circumstances leading to the submission of proposals for a Kent and Medway LEP (supported by Medway Council and a number of other districts including Tonbridge and Malling) and a Kent and Greater Essex LEP (supported by Kent County Council and the East Kent districts). Concern was expressed that in the latter West Kent was barely mentioned and would be marginalised in terms of receiving any Government funding channelled through the LEP. The governance arrangements were also significantly disadvantageous to district councils.

The report also updated progress on production of a West Kent Local Investment Plan as previously reported to the Planning and Transportation Advisory Board on 28 July 2010. The Cabinet paid tribute to the significant amount of work undertaken by the Director of Health and Housing and Director of Planning, Transport and Leisure and their staff in producing the Local Investment Plan in the tight timescale necessary to inform the outcome of the forthcoming Comprehensive Spending Review. Further reports would be presented to the appropriate Advisory Boards in the coming cycle of meetings.

The Chief Executive outlined the proposed reform of the Standards regime and opportunities being explored with other authorities for potential areas of shared services. He also reported on a further letter received that day from the Secretary of State on the abandonment of Local Area Agreements and local performance targets. Whilst it was noted that this would have many beneficial impacts on the Council, any funds distributed as a result of the Kent Agreement 2 would no longer be available. The message from the Government to local authorities was to reduce corporate expenditure but maintain support for the voluntary sector.

RESOLVED: That the report be received and noted.
CB 10/091 Performance Indicators - 2010/11
The Central Services Director presented the results of those National Performance Indicators and Local Performance Indicators monitored regularly for the first quarter of the current financial year. In the light of the Secretary of State's recent announcement, this area of work would be reviewed and a further report submitted to Members. The Cabinet recognised the efforts of officers in providing the monitoring information and acknowledged the need to continue to manage the business in accordance with the Council's priorities.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
CB 10/092 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information, the following matters be considered in private.
PART 2 - PRIVATE
MATTERS FOR RECOMMENDATION TO THE COUNCIL
CB 10/093 Peters Village Development
(Reason: LGA 1972 Sch 12A Para 5 - Legal advice)

  • (Attachment: 56)Joint report of Chief Executive, Director of Planning, Transport and Leisure and Legal Services Partnership Manager
  • (Attachment: 57)Annex 1 (12.29 M/bytes)
  • (Attachment: 58)Annex 2
Further to Minute CB 09/064 the joint report of the Chief Executive, Director of Planning, Transport and Leisure and Legal Services Partnership Manager provided an update on difficulties experienced in bringing the strategic Peters Village site forward for housing development. The report set the context for a recommendation that compulsory purchase powers be used to facilitate the development in accordance with the Council's adopted Development Plan in the interests of the proper planning of the area.

RECOMMENDED: That a Compulsory Purchase Order be served under section 226 (1) and section 226 (3) of the Town and Country Planning Act 1990 as amended, as described in paragraph 1.9.1 of the report.
*Referred to Council
CB 10/094 Tonbridge Outdoor Pool
(Reason: LGA 1972 Sch 12A Para 3 - Financial or business affairs of any particular person)
 
Item FP 10/074 referred from Finance and Property Advisory Board minutes of 29th September, 2010

  • (Attachment: 59)Joint report of Chief Leisure Officer and Cabinet Members for Leisure, Youth and Arts and Finance
Consideration was given to the recommendations of the Finance and Property Advisory Board at its meeting of 29 September 2010 in relation to confirmation of action to adjust the Capital Plan provision for repair of the pipework at Tonbridge Outdoor Pool.

RECOMMENDED: That

(1) the action taken in consultation with the relevant Cabinet Members and the Group Leaders to approve additional funding of £26,000 for the repair of the pipework to the outdoor pool in Tonbridge be confirmed; and

(2) the contribution from the Revenue Reserve for Capital Schemes be increased and the increased budget provision be shown in the Council's Capital Plan.
*Referred to Council
CB 10/095 Larkfield Leisure Centre - New Catering, Bar and Vending Contract
(Reason: LGA 1972 Sch 12A Para 3 - Financial or business affairs of any particular person)
 
Item FP 10/075 referred from Finance and Property Advisory Board minutes of 29th September, 2010

  • (Attachment: 60)Joint report of Chief Leisure Officer, Central Services Director and Cabinet Members for Leisure, Youth and Arts and Finance
  • (Attachment: 61)Annex
Consideration was given to the recommendations of the Finance and Property Advisory Board at its meeting of 29 September 2010 in relation to approval of a capital improvement scheme for the catering area at Larkfield Leisure Centre and a contracted-out business lease for the new catering, bar and vending contract.

RECOMMENDED: That

(1) the proposed Capital Plan Improvement Scheme for the kitchen and catering facilities at Larkfield Leisure Centre be transferred from List C to the Capital Plan on a fast track basis, enabling the works to be progressed over the coming Christmas closure period; and

(2) the proposed lease be granted under the terms and conditions outlined in the report.
*Referred to Council
MATTERS SUBMITTED FOR INFORMATION
CB 10/096 Hadlow Tower Restoration - Update
(Reason: LGA 1972 Sch 12A Para 5 - Legal advice)

  • (Attachment: 62)Joint report of Director of Planning, Transport and Leisure and Legal Services Partnership Manager
  • (Attachment: 63)Annex
Further to Decision No D100048CAB, the joint report of the Director of Planning, Transport and Leisure and the Legal Services Partnership Manager provided an update on progress with the project. It was noted that the Vesting Declaration procedure was under way in preparation for the Council acquiring Hadlow Tower and transferring the property to the Vivat Trust.

RESOLVED: That the report be received and noted.
The meeting ended at 2136 hours

Attendance Details

Present:
Cllr M S Worrall (Chairman), Cllr D J Aikman, Cllr Mrs J A Anderson, Cllr O C Baldock, Cllr M A C Balfour, Cllr M A Coffin, Cllr M J Dobson and Cllr N J Heslop.<br

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In attendance:
Councillors Bolt, Court, Cure, Evans, Mrs Simpson and Thornewell were also present pursuant to Access to Information Rule No 22.