Issue - meetings

The above decision (attached at Annex 1) has been called in.  In accordance with “Call In” procedure, five members of the Overview and Scrutiny Committee have raised a valid “Call In” in respect of this decision.

Recommendation FRP 23/13 of the Finance, Regeneration and Property Scrutiny Select Committee of 13 June 2023 also attached.

The report of the Scrutiny Officer advised that in accordance with the Overview and Scrutiny Procedure Rules set out in the Constitution, five members of the Committee had raised a valid ‘call-in’ request in relation to the decision taken by the Cabinet in respect of three TMBC owned sites identified in the Urban Capacity Study.

Decision Notice D230061CAB (attached at Annex 1) had been published on 7 July 2023 and subsequently called-in by Councillors Cope, Hines, Hood, Hoskins and Thornewell. 

The grounds for call-in were set out in the report, at paragraph 1.1.2, and the decision was ‘deferred’ pending consideration by the Overview and Scrutiny Committee.

Members of the Committee considered the grounds for the call-in and had regard to the responses provided by the Cabinet Member for Climate Change, Regeneration and Property and the Leader.  There was detailed discussion on the general principle of development, the criteria for assessing potential sites for development, the Local Plan call for sites exercise and the potential loss of amenity space and mature trees.

It was proposed by Councillor Hood and seconded by Councillor Cope that the decision be referred back to Cabinet for reconsideration on the grounds of loss of amenity space, loss of mature trees and the lack of consistent criteria applied when considering all TMBC owned sites.  

Following a formal vote this proposal was rejected with 9 Members voting against and 8 voting in favour. 

It was the opinion of Members that it was not the role of the Overview and Scrutiny Committee to make assessments between various potential development sites and that Cabinet (having regard to the recommendation of the Finance, Regeneration and Property Scrutiny Select Committee) had given appropriate consideration to the property assets of the Borough Council as landowner.  

The Overview and Scrutiny Committee felt that there should be no further recommendations made to the Cabinet and that the decision should be implemented as taken. 

Following a formal vote this opinion was supported with 9 Members voting in favour and 8 voting against.

As the Overview and Scrutiny Committee had no further recommendations to make to the Cabinet the grounds for call-in were not supported.

RESOLVED: That, as there were no further recommendations to make to the Cabinet the decision would come into immediate effect.  Therefore, the proposals in respect of the TMBC owned sites identified in the Urban Capacity Study could be implemented with immediate effect.

Recommendation FRP 23/13 of the Finance, Regeneration and Property Scrutiny Select Committee of 13 June 2023

Consideration was given to recommendation FRP 23/13 of the Finance, Regeneration and Property Scrutiny Select Committee of 13 June 2023.

Subsequent to the meeting of the Scrutiny Select Committee, further information in respect of site 59469 (land at Russett Close, Aylesford) had been provided and the previous views of the Planning Inspectorate supporting the protection of this green space were noted.   The comments of the local ward Members were also taken into consideration and reflected the concerns raised by residents at the potential loss of this area of open public space.

On the grounds of the extra information provided and having regard to the comments of local Ward Members, Councillor Betts proposed, seconded by Councillor Taylor that site 59469 be unavailable for development when formally responding to the letter from the LPA.

RESOLVED:  That

(1)          the following 9 TMBC owned sites identified in the urban capacity study be considered available for development when formally responding to the letter from the LPA:

•       59559, 59560, 59561, 59562, 59563, 59581 (Cage Green and Angel);

•       59554 59555 (Vauxhall); and

•       59572 (Judd)

(2)          the Angel Centre, Tonbridge site be considered available for development when formally responding to the letter from the LPA; and

(3)          the following 12 TMBC owned sites identified in the urban capacity study be considered unavailable for development when formally responding to the letter from the LPA:

•       59437 (Larkfield);

•       59449 (East Malling, West Malling and Offham);

•       59456 (Birling, Leybourne and Ryarsh);

•       59502 (Snodland East and Ham Hill);

•       59469 (Aylesford South and Ditton);

•       59515; 59516 (Cage Green and Angel);

•       59521; 59522 (Trench)

•       59524 (Higham); and

•       59550;59552 (Judd)

[In accordance with the Overview and Scrutiny Procedure Rules, this decision was the subject of a call-in and was scrutinised by the Overview and Scrutiny Committee on 1 August 2023.   Members of the Committee considered the grounds for the call-in and had regard to the responses provided by the Cabinet Member for Climate Change, Regeneration and Property and the Leader.  After in-depth discussion and a formal vote, the Overview and Scrutiny Committee had no further recommendations to make to the Cabinet and the decision came into immediate effect.  The proposals in respect of TMBC Owned Sites - Local Plan came into effect from 1 August 2023.]

(Decision Notice D230061CAB)

Consideration was given to recommendation FRP 23/13 of the Finance, Regeneration and Property Scrutiny Select Committee of 13 June 2023.

At the request of local Ward Members, further consideration was given to sites 59554 and 59555 (Vauxhall) on the grounds of loss of green space.  However, Cabinet felt it was important to retain flexibility and control over future development as part of the Local Plan process and these sites should be considered ‘available’ when formally responding to the letter from the LPA.  Local Ward Members were also reminded that this did not mean that the sites would be developed but would be available for assessment as part of the planning process.

Subsequent to the meeting of the Scrutiny Select Committee, further information in respect of site 59469 (land at Russett Close, Aylesford) had been provided and the previous views of the Planning Inspectorate supporting the protection of this green space were noted.   The comments of the local ward Members were also taken into consideration and reflected the concerns raised by residents at the potential loss of this area of open public space.

On the grounds of the extra information provided and having regard to the comments of local Ward Members, Councillor Betts proposed, seconded by Councillor Taylor that site 59469 be unavailable for development when formally responding to the letter from the LPA.

RESOLVED:  That

(1)             the following 9 TMBC owned sites identified in the urban capacity study be considered available for development when formally responding to the letter from the LPA:

•        59559, 59560, 59561, 59562, 59563, 59581 (Cage Green and Angel);

•        59554 59555 (Vauxhall); and

•        59572 (Judd)

(2)             the Angel Centre, Tonbridge site be considered available for development when formally responding to the letter from the LPA; and

(3)             the following 12 TMBC owned sites identified in the urban capacity study be considered unavailable for development when formally responding to the letter from the LPA:

•        59437 (Larkfield);

•        59449 (East Malling, West Malling and Offham);

•        59456 (Birling, Leybourne and Ryarsh);

•        59502 (Snodland East and Ham Hill);

•        59469 (Aylesford South and Ditton);

•        59515; 59516 (Cage Green and Angel);

•        59521; 59522 (Trench)

•        59524 (Higham); and

•        59550;59552 (Judd)

The purpose of this report is to seek Members’ views on which sites are considered to be available/unavailable for development.

Careful consideration was given to a number of sites identified for potential development as part of the Local Plan process and Urban Capacity Study. Members were reminded that potential development sites could be brought forward through the planning approval process and did not specifically require allocation in the Local Plan to do so.  However, at this stage no decisions on particular sites for inclusion had yet been made by the Borough Council acting as the Local Planning Authority.

The report of the Director of Central Services & Deputy Chief Executive sought Members’ views on whether the Borough Council owned sites, detailed in Annex A, were available or unavailable for development.  

Members had regard to housing targets for the Borough, the Management Development and Environmental Development Plan Document, Biodiversity Net Gain the Interim Sustainability Appraisal  and the Local Lettings Policy detailed in  the report.  It was also noted that housing targets remained subject to change pending the outcomes of the NPPF consultation.  Particular reference was made to the Angel Centre site and although it was not identified in the UCS there was scope for this to be included as a potentially available site for development if the Borough Council, as landowner chose to do so.

The Committee recognised the value of open green spaces, especially on residents living in urban areas and this formed part of Members deliberations.

RECOMMENDED*: That

(1)             the following 10 TMBC owned sites identified in the urban capacity study be considered available for development when formally responding to the letter from the LPA:

·        59559, 59560, 59661, 59562, 59563, 59581 (Cage Green and Angel);

·        59469 (Aylesford South and Ditton);

·        59554 59555 (Vauxhall); and

·        59572 (Judd)

(2)             the Angel Centre, Tonbridge site be considered available for development when formally responding to the letter from the LPA; and

(3)             the following 11 TMBC owned sites identified in the urban capacity study be considered unavailable for development when formally responding to the letter from the LPA:

·        59437 (Larkfield);

·        59449 (East Malling, West Malling and Offham);

·        59456 (Birling, Leybourne and Ryarsh);

·        59502 (Snodland East and Ham Hill);

·        59515; 59516 (Cage Green and Angel);

·        59521; 59522 (Trench);

·        59524 (Higham); and

·        59550; 59552 (Judd)

*Referred to Cabinet