Meeting documents

Council
Tuesday, 9th May, 2006 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
C 06/020 Declarations of interest.
Councillor Mrs Luck declared a personal interest in recommendation LA 06/004 in respect of the Licensing of Houses in Multiple Occupation in that she owned this type of property.
C 06/021 Minutes
  • Minutes
RESOLVED: That the Minutes of the proceedings of the meeting of the Council held on 20 February 2006 be approved as a correct record and signed by the Mayor.
C 06/022 Mayor's Announcements.
The Mayor advised that he had had an enjoyable few months in which he had attended 61 engagements. He thanked the Deputy Mayor for attending 5 events on his behalf.

He thanked Members for their support of the 'Call My Bluff' Quiz on 24 February which had raised approximately £700 for his charities. In particular he thanked Councillor Dobson for acting as Quiz Master and Councillors Mrs Anderson and Balfour for being his fellow panellists. He advised Members that the Big Band Evening held on 24 March had been a splendid event which had raised nearly £2,000 for his charities. He reminded Members that a Spring Ball would be held at West Kent College on Thursday 27 April and encouraged them to support this event.

The Mayor reported that he had taken tea in his Parlour with members of the Scotts Project on 8 March, had visited Lavenders Residential Home on 3 April to celebrate a resident's one hundredth birthday and had opened the 'Pop-In' Centre for the Elderly in East Malling on 12 April.
C 06/023 Planning Application TM/05/00848/FL: Land Rear of 145 - 149 High Street, Tonbridge
Consideration was given to the report of the Director of Planning and Transportation in relation to an application for the construction of a new two-storey dwelling with semi basement and double garage (previously approved under reference TM/03/01644/FL) at land rear of 145-149 High Street, Tonbridge, which had been referred to the Council for determination in accordance with Council and Committee Procedure Rule 15.24 by Area 1 Planning Committee at its meeting on 30 March 2006.

In order to facilitate the proper consideration of Planning Application TM/05/00848/FL the Council agreed to suspend its own procedure rules and adopt the committee procedure rules.

The following speakers addressed the meeting where the required notice had been given and their comments were taken into account by the Council when determining the application:-
Mr C Brown and Mr P Freeman (members of the public) and Mr T Stegers (applicant).

In reaching their decision Members of the Council also had regard to the reports considered by Area 1 Planning Committee at the meetings held on 2 and 30 March, the supplementary report of the Director of Planning and Transportation and the report of the Chief Solicitor which contained exempt information (Local Government Act 1972, Schedule 12A, Paragraph 5 - Legal Advice).

RESOLVED: That Planning Permission be APPROVED subject to Conditions 1 to 11 and Informatives 1 to 7 set out in the report of the Director of Planning and Transport to Area 1 Planning Committee on 30 March 2006 and to the addition of condition:
12. The development shall be constructed at the level indicated on the approved drawing. (B005)
Reason: In the interests of amenity and privacy.
C 06/024 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 06/025 Questions from Members pursuant to Council Procedure Rule No 5.5.
Councillor Thornewell asked the following question under Council Procedure Rule No 5.5:-

"Street Scene - Sweeping"

"What arrangements have been put in place to secure the regular "sweeping" of roads and pavements to remove not only paper litter and similar but also debris such as leaves, dust and similar material AND what agreements have been reached (if any) with the County Council now responsibility for keeping highways clean is split between ourselves and that authority according to the material concerned?"

To which the Cabinet Member for Environmental Services, Councillor Mrs Anderson, replied as follows:-

"Background

One of the issues identified by the Amenity and Street Cleansing Best Value Review was the need for improved working and better co-ordination across services where there was potential overlap.

A Street Scene Officer Study Group was formed with cross-service representation. Over the last three years improved arrangements to co-ordinate services have been put in place and monitored. In some instances this has involved developing formal protocols, e.g. fly-tipping removal and enforcement, and the sharing of cleaning and maintenance schedules.

Street Cleaning/Weedspraying

The Borough Council has a responsibility for the cleaning of the public highway to remove litter, detritus and leaves (dead weeds are defined as litter). We carry out the cleansing function via contract with Cleanaway Limited. In addition, we work proactively with schools and the community to increase awareness of litter as an environmental pollutant. We also undertake enforcement action, where appropriate.

The Kent Highways Service (KHS) has a responsibility to maintain public highways, which includes the treatment of weeds by weedspraying to effect their removal. The removal of equipment and debris associated with roadworks/maintenance is also the responsibility of KHS (via the relevant utility or contractor).

The Present Situation

Following the termination of the Kent Highways Partnership, officers have maintained dialogue with KHS and we continue to work together, for example:

• KHS continues to be represented on our Street Scene Officer Study Group; and

• regular KHS and TMBC liaison meetings have been established (including representatives from both Environmental Health and Housing and Planning and Transportation Services).

As in previous years, KHS officers responsible for letting and monitoring of the weedspraying contract will be providing location details and schedules for weedspraying throughout the borough and the Borough Council's client services team will ensure dead weeds are removed on the next scheduled cleanse.

The Future

Through the regular liaison meetings and Street Scene Officer Study Group, officers will seek to continue close working and opportunities for further improvements. Where appropriate, formal protocols will be used."
C 06/026 Leader's Announcements.
The Leader was delighted to report that the Appeal against refusal of planning permission for change of use at 5 Premier Parade, Aylesford had been dismissed. He stated that this vindicated the decision taken at the Council meeting on 10 August 2005.

He was also delighted to announce that the Council had been re-awarded the 'Investors in People' award following the review held on 10, 11 and 13 April 2006, particularly as this had been undertaken under more stringent criteria than the original award.

The Leader expressed his gratitude to the Cabinet Member for Housing and the officers of Housing Services for achieving a remarkable level of central Government grant which would provide over 300 new homes via partnership arrangements with local housing associations over the next two years. He also advised that £272K of grants would allow homeowners to repair their homes during 2006/07.

The Leader anticipated that, by the end of the week, negotiations would be completed regarding the creation of a new link to West Malling railway station.

Finally, he was extremely pleased to report that the checklist reported by the Revenue and Benefits Section of Financial Services to the first meeting of the Audit Committee was being commended nationally by the Audit Commission as an outstanding example of good practice.
C 06/027 Housing Act 2004: Licensing of Houses in Multiple Occupation
 
Item LA 06/004 referred from Licensing and Appeals Committee minutes of 3rd April, 2006 .

RESOLVED: That the recommendation at Minute LA 06/004 be adopted.
C 06/028 2006/07 Draft Corporate Performance Plan
 
Item CB 06/037 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/037 be adopted.
C 06/029 Community Strategy 2006-2009
 
Item CB 06/038 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/038 be adopted.
C 06/030 Race Equality Scheme
 
Item CB 06/039 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/039 be adopted.
C 06/031 Asset Management Plan
 
Item CB 06/040 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/040 be adopted.
C 06/032 Notice of Motion Submitted Pursuant to Council Procedure Rule No 5.17
 
Item CD 06/003 referred from Community Development Advisory Board minutes of 9th February, 2006 .
 
Item CB 06/041 referred from Cabinet minutes of 5th April, 2006 .

and as Item CB 06/041 referred from Cabinet minutes of 5th April 2006.

RESOLVED: That the recommendation at Minute CB 06/041 be adopted.
C 06/033 Plaxtol Parish Design Statement
 
Item PE 06/007 referred from Planning and Transportation Advisory Board minutes of 27th February, 2006 .
 
Item CB 06/042 referred from Cabinet minutes of 5th April, 2006 .

and as Item CB 06/042 referred from Cabinet minutes of 5th April 2006.

RESOLVED: That the recommendation at Minute CB 06/042 be adopted.
C 06/034 Kent Downs AONB Landscape Design Handbook
 
Item CB 06/043 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/043 be adopted.
C 06/035 Capital Plan Fast Track Evaluations - Central and Executive Services
 
Item FP 06/027 referred from Finance and Property Advisory Board minutes of 1st March, 2006 .
 
Item CB 06/044 referred from Cabinet minutes of 5th April, 2006 .

and as Item CB 06/044 referred from Cabinet minutes of 5th April 2006.

RESOLVED: That the recommendation at Minute CB 06/044 be adopted.
C 06/036 Customer Contact Strategy
 
Item CB 06/045 referred from Cabinet minutes of 5th April, 2006 .

RESOLVED: That the recommendation at Minute CB 06/045 be adopted.
C 06/037 Programme of Meetings 2006/07
The Chief Executive submitted a proposed programme of meetings for the remainder of this year and to December 2007.

RESOLVED: That the programme of meetings for 2006/07 be approved and submitted to Annual Council on 9 May 2006 for final confirmation.
C 06/038 Changes to the Constitution
The Monitoring Officer reported on a number of changes to the Constitution in respect of the addition of a list of authorised officers to Part 3 in respect of appointments made by the Council and by the Chief Executive; changes to the delegations to the Chief Solicitor in respect of criminal offences; the deletion of proviso (3) of Council and Committee Procedure Rule 15.21 to allow non-members of the Audit Committee to attend and, with the permission of the Chairman, speak at meetings of that committee; and the amendment of Part 7 of the Constitution to reflect recent changes in the management structure and responsibilities.

RESOLVED: That the Monitoring Officer be authorised to make the changes to the Constitution identified in his report.
C 06/039 Parish Council Representatives on Town and Parish Councils Standards Sub-Committee
The Monitoring Officer reported action taken to fill a vacancy amongst the town/parish representatives on the Town and Parish Councils Standards Sub-Committee.

RESOLVED: That Councillor David Storey of Ryarsh Parish Council be confirmed as a parish council representative on the Town and Parish Councils Standards Sub-Committee.
C 06/040 Overview and Scrutiny Procedure Rule 15
The Chief Executive advised Members that the Constitution required that he report to Council whenever the urgency provisions under the Overview and Scrutiny Procedure Rule 15(i) were used. His report set out details of two incidences where these provisions had been invoked.

RESOLVED: That the report be received and noted.
C 06/041 Nomination to Board of Governors of Sussex Road CPS
The report of the Central Services Director set out details of the recent appointment of Mr Graham Relph as a Community Governor at Sussex Road Primary School, Tonbridge.

RESOLVED: That the report be received and noted.
C 06/042 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 06/043 Planning Application TM/05/00848/FL: Land Rear of 145 - 149 High Street, Tonbridge
(Reason: LGA 1972 Sch 12A Para 5 - Legal Advice)

  • (Attachment: 27)Report of Chief Solicitor
  • (Attachment: 28)Annex
Members received the confidential report of the Chief Solicitor.

RESOLVED: That the report be received and noted.
C 06/044 Hadlow Tower - Progress Report
(Reason: LGA 1972 Sch 12A Para 5 - Legal Advice)
 
Item CB 06/070 referred from Cabinet minutes of 5th April, 2006 .

  • (Attachment: 29)Joint report of Director of Planning and Transportation and Chief Solicitor
  • (Attachment: 30)Annex
RESOLVED: That the recommendation at Minute CB 06/070 be adopted.
The meeting ended at 2129 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 P Diment, Cllr M J Dobson, Cllr P J Drury, Cllr D W P Evans, 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 Kemp, Cllr Mrs S L Luck, Cllr B Miners, Cllr E A Munro, Cllr Mrs S M Murray, Cllr Mrs A S Oakley, Cllr M R Rhodes, Cllr Mrs C M Ridsdill-Smith, Cllr H S Rogers, Cllr G Rowe, Cllr Miss J L Sergison, Cllr Mrs E A Simpson, Cllr C P Smith, Cllr A K Sullivan, Cllr D Thornewell, Cllr Mrs C J Woodger and Cllr M S Worrall.