Meeting documents

Cabinet
Wednesday, 11th January, 2012 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
CB 12/001 Declarations of interest.
Councillor N Heslop declared a personal interest in the Leisure Services Review of Charges item as a member of the Board of the Bridge Trust, a concessionary user of the Tonbridge Castle Council Chamber.

Councillor Worrall declared a personal interest in the announcement by the Director of Finance regarding the repayment of the loan to Age Concern Malling on the grounds of being the organisation's Director of Trustees.
CB 12/002 Minutes
RESOLVED: That the Minutes of the meeting of the Cabinet held on 12 October 2011 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
CB 12/003 Sexual Entertainment Venues
Consideration was given to a recommendation from the Licensing and Appeals Committee on 30 November 2011 that the sexual entertainment licensing provisions introduced by the Policing and Crime Act 2009 be adopted.

RECOMMENDED: That the Council

(1) adopt the sexual entertainment licensing provisions contained in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended); and

(2) the first appointed day be endorsed as 1 June 2012.
*Referred to Council
CB 12/004 Character Area Appraisals SPD (Medway Gap and West Malling) - Response to Consultation
 
Item PE 11/044 referred from Planning and Transportation Advisory Board minutes of 16th November, 2011

Consideration was given to the recommendations of the Planning and Transportation Advisory Board at its meeting on 16 November 2011 in respect of the response to consultation on the third and final tranche of documents dealing with the Medway Gap and West Malling.

RECOMMENDED: That the Character Area Appraisals for the Medway Gap and West Malling, as amended in accordance with the changes set out respectively in Annexes A and B to the report, be adopted by the Council as part of the Local Development Framework.
*Referred to Council
CB 12/005 Revenue Estimates 2012/13
 
Item FP 12/003 referred from Finance and Property Advisory Board minutes of 4th January, 2012

The Cabinet received the recommendations of the Finance and Property Advisory Board at its meeting on 4 January 2012 in relation to the formulation of initial draft proposals in respect of the budget. It was agreed that all budgetary matters would be considered in detail at the subsequent (budget) meeting of the Cabinet on 7 February 2012.

RECOMMENDED: That

(1) the draft Revenue Estimates contained in the Booklet be endorsed subject to the further deferral of the transitional increase in Members' allowances recommended by the Joint Independent Remuneration Panel and removal of the increased provision from the 2012/13 estimates; and

(2) within the context of the financial pressures outlined in the report, the Overview and Scrutiny Committee be requested to consider the draft Revenue Estimates contained in the Booklet, as amended by (1) above, and make appropriate recommendations to the Cabinet for its special meeting on 7 February 2012.
CB 12/006 Capital Plan Review 2011/12
 
Item FP 12/004 referred from Finance and Property Advisory Board minutes of 4th January, 2012

The Cabinet received the recommendations of the Finance and Property Advisory Board at its meeting on 4 January 2012 in respect of the initial stage of the Capital Plan Review process. It was noted that a simplified approach was proposed for future schemes. It was agreed that all budgetary matters would be considered in detail at the subsequent (budget) meeting of the Cabinet on 7 February 2012.

RECOMMENDED: That confirmation be given to the action taken in endorsing the following for consideration by the Overview and Scrutiny Committee:

(1) the Capital Plan (List A) position as shown in Annex 2 to the report;

(2) the inclusion in List C of the schemes listed in paragraph 1.5.1 of the report;

(3) the removal from List C of those items noted in paragraph 1.5.2 of the report;

(4) the selection for evaluation of those List C schemes shown in paragraph 1.6.3 of the report, eight schemes being selected for fast track evaluation of which four had already been evaluated;

(5) the Capital Plan process be simplified in future with schemes progressing on the basis of the three criteria specified (health and safety, externally funded or reducing the Council's costs);

(6) the transfer of the following schemes from List C to List B:

Car Park Enhancement Programme Phase 5

Larkfield Leisure Centre New Dance/Exercise Studio

Tonbridge Swimming Pool Changing Village Floor

Tonbridge Racecourse Sportsground Improvements Phase 2

Haysden Country Park Bridge Repairs

Open Spaces Site Improvements Phase 2

Tonbridge Cemetery Path Improvements

Finance Electronic Document Management

(7) the shortfall in funding required for the four schemes recommended for fast track evaluation be met from funds no longer required in respect of existing schemes; and

(8) endorsement of the draft Capital Strategy set out at Annex 5 to the report for adoption and publication on the Council's website.
DECISIONS TAKEN IN ACCORDANCE WITH PARAGRAPH 4, PART 3 OF THE CONSTITUTION
CB 12/007 Building Regulation Fees
 
Item PE 11/050 referred from Planning and Transportation Advisory Board minutes of 16th November, 2011
 
Decision Notice D120006CAB

 
CB 12/008 Localism Act (2011)
 
Decision Notice D120007CAB

 
CB 12/009 Consultation on Technical Reforms to Council Tax.
 
Decision Notice D120008CAB

 
CB 12/010 Community Infrastructure Levy - Reform Consultation
 
Item CIL 11/003 referred from Community Infrastructure Levy Panel minutes of 19th December, 2011
 
Decision Notice D120009CAB

 
MATTERS SUBMITTED FOR INFORMATION
CB 12/011 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. A number of recommendations in respect of fees and charges were referred to the subsequent (budget) meeting of the Cabinet on 7 February 2012.

Strategic Housing Advisory Board of 7 November 2011
Community Safety Advisory Board of 8 November 2011
Planning and Transportation Advisory Board of 16 November 2011
Local Environmental Management Advisory Board of 22 November 2011
Leisure and Arts Advisory Board of 12 December 2011
Communities Advisory Board of 13 December 2011
Innovation and Improvement Advisory Board of 14 December 2011
Finance and Property Advisory Board of 4 January 2012

In considering the notes of the Finance and Property Advisory Board, the Director of Finance reported that the short-term loan advance to Age Concern Malling had now been repaid in full with interest.

RESOLVED: That the report be received and noted.
CB 12/012 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.

Community Enhancement Fund Panel of 25 October, 15 November and 8 December 2011
Joint Transportation Board of 28 November 2011
Parish Partnership Panel of 1 December 2011
Community Infrastructure Levy Panel of 19 December 2011

RESOLVED: That the report be received and noted.
CB 12/013 Council Tax Freeze Grant and Trigger of Council Tax Referendums
The joint report of the Director of Finance and Cabinet Member for Finance gave details of the Government's offer of a council tax 'freeze' grant for 2012/13. It was noted that this involved a single one off payment that would not be built into the 'baseline' so the Council would need to bear the ongoing financial impact of the 'freeze' of the income base for future years. The report also gave details of the criteria for council tax referendums, the trigger being an increase of 3.5% for the Borough Council.

The implications of both issues for the Medium Term Financial Strategy (MTFS) were set out. The Cabinet discussed the potential way forward in the light of a graphical illustration of how the Council's income base from council tax receipts would diverge over the period of the ten year MTFS if the Council were to implement the council tax freeze in 2012/13 or, alternatively, a council tax increase of 3.49%. The impact of the two scenarios was compared in order to inform the supporting papers being produced in readiness for the budget meeting in February. It was requested that the next report provide examples of service costs equivalent to the potential 'gap' in the income projections.

RESOLVED: That the report be received and noted.
CB 12/014 Performance Indicators - 2011/12
The Central Services Director presented the results for the first half of the current financial year for those Local Performance Indicators monitored regularly. It was noted that the Overview and Scrutiny Committee had recently started the process of scoping future Council priorities which would enable the indicators to be recast to provide the most meaningful performance information.

RESOLVED: That the report be received and noted.
CB 12/015 Localisation of Council Tax Benefit and Proposals for Business Rates Retention.
The report of the Director of Finance outlined the results of the consultations from the Department for Communities and Local Government in respect of the localisation of council tax benefit and business rate retention to which the Council had previously responded (Decision Nos D110138CAB and D110139CAB refer). It was noted that the Government would be progressing the proposals in each case and more detailed reports would be presented to the Cabinet or the Finance and Property Advisory Board in due course on implementation of the changes.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
CB 12/016 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2039 hours

Attendance Details

Present:
Cllr M S Worrall (Chairman), Cllr O C Baldock, Cllr M A C Balfour, Cllr M A Coffin, Cllr Mrs M F Heslop, Cllr N J Heslop, Cllr M R Rhodes and Cllr H S Rogers.
In attendance:
Councillors Mrs Anderson, Bolt, Cure, Mrs Kemp, Mrs Murray and Sullivan were also present pursuant to Access to Information Rule No 22.

An apology for absence was received from Councillor Ms Atkinson.