Agenda and minutes

At the beginning of the meeting the Council observed a minute’s silence in memory of Borough Councillor Wayne Mallard, who had died on 4 February 2025 following a long illness and former Borough Councillor and Honorary Alderman, Matthew Balfour , who had died suddenly on 20 December 2024.

To declare any interests in respect of recommended items

There were no declarations of interest made in accordance with the Code of Conduct.

However, for reasons of transparency Cllr Clokey reminded Members that in relation to agenda item 18 (Treasury Management) he was employed by one of the companies who managed the fund.  With relation to agenda items 20 and 21 (Notice of Motions) he was an active member of the Tonbridge Town Centre campaign. As these did not represent either a Disclosable Pecuniary or Other Significant Interest there was no reason for Cllr Clokey to withdraw from the meeting.

To confirm as a correct record the Minutes of the meeting of Council held on 22 October 2024

RESOLVED:  That the Minutes of the proceedings of the meeting of the Council held on 22 October 2024 be approved as a correct record and signed by the Mayor.

The Mayor advised of a number of engagements attended since the last meeting of Council and made particular reference to the following civic and charity events:

·        TMBC Aylesford Jobs Fair

·        Launch of the Poppy Appeal

·        Opening of Aylesford Christmas Market

·        Snodland Town Council’s Lantern Parade and Christmas Lights

·        West Malling Community Choir Christmas Concert

·        Tonbridge Philharmonic Society and Tonbridge Round Table’s Carol Service

·        Hilden Ladies Probus Lunch Club Event

·        Remembrance Day Parades and Services in Tonbridge and the RBLI, Aylesford; and

·        the Borough Council’s Armistice Day Service at the Tonbridge War Memorial.

Arrangements were being finalised for future civic and charity events and the following were noted:

·        Primary Schools Debates on 27 February and 6 March 2025

·        Cheque Presentation to the Mayors Charity the Royal British Legion Industries on a date to be confirmed

Finally, the Mayor thanked the Deputy Mayor for attending a number of events on their behalf.

The Mayor concluded by thanking the Council for resolving to confer an Honorary Freeman on the Royal British Legion Industries in Aylesford, an organisation that had helped him during a difficult time in his life and which offered support to many people. 

A response to questions received from the public pursuant to Council Procedure Rule No. 5.6 will be provided by the relevant Member:

•                  25/001PUB

•                  25/002PUB

•                  25/003PUB

•                  25/004PUB

Four questions were received from members of the public pursuant to Council Procedure Rule No 5.6. 

The answers given to each question by the Cabinet Member with responsibility for Planning Services are attached at Annex 1 to these Minutes and published to the ‘library’ area of the website (as the book containing the permanent record of the question as set out in Council Procedure Rule No. 5.16).

In accordance with Council Procedure Rule 5.30 (c) Cllr Clokey proposed to change the order of the agenda and hear the Motions on Notice earlier in the meeting for reasons of public interest and engagement.   This was seconded by Cllr Cope.

Following some discussion, it was agreed that Motions on Notice should be taken after all the ‘matters for decision’ had been heard to ensure that the Council met its legal duties in setting the annual budget and Council tax.

·       25/001 – Joint authority working group on Active Travel

In accordance with Council Procedure Rule No 5.5 a question had been submitted by Cllr Hood in respect of Active Travel and the establishment of a cross-council Member/Officer working group.

A detailed response had been provided by the Cabinet Member for Transformation and Infrastructure (Cllr M Coffin) and the question and answer, attached as Annex 2 to the Minutes, were noted.

In response to a supplementary question, it was indicated that all Members would be invited to attend an Active Travel Workshop jointly hosted by the County and Borough Council to agree short and long-term priorities. 

The Leader thanked the Mayor for allowing a minute’s silence in memory of Borough Cllr Wayne Mallard and Honorary Freeman Matthew Balfour and proposed that Council Procedure Rule 5.25 be suspended to enable all Members who wanted to pay tribute to former colleagues to do so.  This was seconded by Cllr Coffin and agreed by the Council.

Members expressed sadness at the loss of Wayne Mallard and Matthew Balfour and sent condolences to their family and friends.  A number of personal tributes and anecdotes were also shared

Particular reference was made to the Governments proposals for devolution and reorganisation of local government. Whilst Kent and Medway were not on the priority programme this still represented a significant challenge as indicative proposals for new unitary authorities had to be submitted by March 2025.  The Leader was pleased to report on an excellent working relationship between the West Kent authorities and the importance of building and strengthening these relationships with neighbouring authorities was emphasised. 

There remained a lot of uncertainty in respect of transitional arrangements and debt as the latter had to be managed within the local area.  Disappointment was expressed that the prudent financial planning of Tonbridge and Malling would be impacted by taking on others debt.

The Leader recorded appreciated to both Members and staff at Tonbridge and Malling Borough Council for their continued commitment and professionalism in maintaining services and supporting residents despite the uncertainty around reorganisation.

A number of regeneration projects within the Borough were due to be coming forward shortly including proposals for improved hospitality at the London Golf Club, improved facilities at Buckmore Park, the relocation of Larkfield and New Hythe Football Club,  proposals for the London Lionesses (now based in Ditton) and new factory plans for the Royal British Legion Industries. 

The Borough Council continued to make progress on its regeneration plans for Tonbridge Town Centre and there had been a good response to the recent residents survey.

Other good news items included:

·       the good progress made on returning empty homes to use with Tonbridge and Malling seeing the greatest reduction in Kent;

·       the positive impact of the Anti-Social Behaviour Enforcement Team who were finalists in the iESE Public Sector Transformation Awards 2025 in the Working Together category;   and

·       the Borough Council being finalists for an Association for Public Service Excellence (APSE) Energy Award 2025 in the category for the Accessing and Managing Finance due to major successes in moving towards the 2030 carbon neutral aspiration with prudent use of finance to decarbonise leisure facilities that were the largest source of our emissions.

Full Leaders announcements were available on the Borough Council’s YouTube channel.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

In accordance with CPR 8.5 of the Constitution there will be a recorded vote for this item.

Item CB 25/12 referred from the Cabinet of 11 February 2025.

The Cabinet Member for Finance and Housing  proposed that Council Procedure Rule No 6.4 be suspended to allow the leading speakers from each Group to exceed the time limit on speeches when debating the budget proposals.   This was seconded by Cllr Boughton and supported by the Council.

In presenting the budget proposals, which had been considered by the Overview and Scrutiny Committee and the Cabinet on 23 January and 11 February 2025 respectively, the Cabinet Member for Finance and Housing highlighted the areas of budget growth and pressure, outlined the support provided to vulnerable residents, businesses and community groups during the last financial year and welcomed the better than anticipated final Local Government Finance Settlement figure as well as better than anticipated business rates receipts.  

The Cabinet Member for Finance and Housing was pleased to advise that the Borough Council had a balanced budget for 2025/26 and had been able to set aside funds in earmarked reserves for key priorities.  In addition, as a result of the inclusion in the final settlement of a grant in relation to the increased cost of Employers’ National Insurance contributions it seemed appropriate to transfer the additional funding to the earmarked ‘Transformation Reserve’.

It was proposed by Councillor Tanner and seconded by Councillor Boughton that the recommendations at Minute CB 25/12 be adopted.  In accordance with Council Procedure Rule No 8.5 voting was recorded as follows:

Members voting for the motion:

Cllrs Bell, Bennison, Betts, Bishop, Boughton, Boxall, Bridge, Brown, Cannon, Clokey, Coffin, Crisp, Dalton, Davis, Dean, Hammond, Harman, Hickmott, Hoskins, Hudson, Keers, King, Lark, McDermott, Mehmet, Oakley, Palmer, Rhodes, Roud, Tanner,  Tatton, Taylor, Thornewell, Tunstall and Williams

Total:  35

Members voting against the motion:  0

Total: 0

Members abstaining:

Cllrs Athwal,  Cope,  Hood, Oliver, Parry and Pilgrim

Total: 6

(Total number of Members eligible to vote = 41)

RESOLVED:  That the recommendations at Minute CB 25/12 be approved.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

In accordance with CPR 8.5 of the Constitution there will be a recorded vote for this item.

Item CB 25/13 referred from the Cabinet of 11 February 2025 recommended that a 3% or £7.14 per annum increase in the Borough Council’s element of the Council Tax for 2024/25, representing a notional ‘average’ charge at Band D of £245.30 be approved.

As the billing authority, the Council was required to resolve the levels of council tax for each Band and for each area within the borough consolidating the requirements from all precepting authorities.  A Council Tax Resolution incorporating all this information was presented to Members as a supplement to the agenda (attached at Annex 3).

It was proposed by Councillor Tanner and seconded by Councillor Boughton that the recommendations at Minute CB 25/13 be adopted.  In accordance with Council Procedure Rule No 8.5 voting was recorded as follows:

Members voting for the motion:

Cllrs Athwal, Bell, Bennison, Betts, Bishop, Boughton, Boxall, Bridge, Brown, Cannon, Clokey, Coffin, Cope, Crisp, Dalton, Davis, Hammond, Harman, Hickmott, Hines, Hood, Hoskins, Hudson, Keers, King, Lark,  McDermott, Mehmet, Oakley, Oliver, Palmer, Parry, Rhodes, Roud, Tanner, Tatton, Taylor, Thornewell, Tunstall and Williams.

Total: 40

Members voting against the motion: Cllr Dean

Total: 1

Members abstaining: 0

Total: 0

(Total number of Members eligible to vote = 41)

RESOLVED:  That the recommendations at Minute CB 25/13 be approved and the Council Tax Resolution 2025/26, as set out as an Annex to these Minutes, be adopted.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

Item CB 25/14 referred from Cabinet of 11 February 2025.  It was proposed by Cllr Boughton and seconded by Cllr Tanner that the recommendation of Cabinet be approved.

RESOLVED:  That the draft Local Council Tax Reduction Scheme 2025/26 (attached as Annex 1) be approved.

This report recommends that changes are made to Part 3 of the Council’s constitution in respect of the terms of reference for Area Planning Committees and the General Purposes Committee.

Consideration was given to a number of changes proposed to be made to Part 3 (Responsibilities) for the Council’s Constitution in respect of the Terms of Reference for Area Planning Committees and the General Purposes Committee.

The proposal related to Area Planning Committees corrected an inconsistency between the terms of reference and  Committee Procedure Rule 15.25 as amended by the Council on 24 October 2023.  The terms of reference to be corrected to read ‘a risk of significant costs’.  Members were reassured that the way that Planning Committees operated would not be affected by this correction as the committee procedure rules took precedence over terms of reference. 

Given the significant financial implications flowing from the staff pay award and its specific link to any increase in the rate of Member Allowances it was recommended that the annual determination of this award should be a matter for all Members via full Council following initial consideration by the General Purposes Committee.  

Cllr Clokey proposed, seconded by Cllr Hoskins that the terms of reference be amended to ‘save for any determination of the annual staff pay where the cost exceeds that for which provision has been made’ which would enable the General Purposes Committee to make the decision under delegated powers except in circumstances where there were significant financial implications. 

Concern was expressed that at the time the General Purposes Committee considered any staff pay award, budget decisions for the forthcoming year would not yet have been made.  As a result, the Borough Council could be faced with a set of circumstances where a decision was taken that was not factored into the organisations long-term financial planning.   Following this clarification, Cllr Clokey withdrew his motion with the consent of Cllr Hoskins and the meeting.  However, he proposed a further minor amendment to the Terms of Reference and that reference to ‘European elections’ be removed from (1).  This was seconded by Cllr Boughton and supported by the Council.

The Mayor proposed, seconded by Cllr Coffin that the recommendations set out in the report and the minor amendment summarised above, be approved. 

RESOLVED:   That

(1)            the Terms of Reference for Area Planning Committees be amended to reflect Committee Procedure Rule 15.25 as set out in the report and summarised above;

(2)            the Terms of Reference for the General Purposes Committee be amended to remove responsibility for the annual determination of the staff pay award; and

(3)            the Terms of Reference (1) for the General Purposes Committee be amended to delete ‘European’ elections.

This report asks Members to appoint a second Independent Person under the Localism Act 2011

The report of the Monitoring Officer recommended the appointment of a second Independent Person under the Localism Act 2011.

Applicants for the post were interviewed by a Panel comprising the Chair and Vice-Chair of the Joint Standards Committee and the Group Leaders on 9 January 2025.  Details of the applicant to whom the Panel propose to offer the position were set out in the report.

In order to create resilience in the Independent Person role, alongside the current incumbent Mr David Mercier, and to uphold high standards of conduct, Cllr Bell proposed that Mr Paul Cummins be appointed as an Independent Person for a five-year period expiring on 17 February 2030.  This was seconded by Cllr Davis and supported by the Council.

RESOLVED:  That Mr Paul Cummins be appointed as an Independent Person under s28 of the Localism Act 2011 for a five year term expiring on 17 February 2030.

The Secretary of the Berry Housing Trust has asked that a new Trustee be appointed.

Following a request from the Secretary to the Berry Housing Trust, consideration was given to the non-annual appointment of Mr Mathew Crisp as the Borough Council’s representative to serve an indefinite term.

The Trust felt that Mr Crisp would be a valuable asset to the Trustee Board due to his overall knowledge of the area and organisation.  There was no requirement for the appointment to be a member of the Borough Council and the Trust had emphasised the value of having a person with experience of their aims and role and the local area.

The Mayor proposed, seconded by Cllr Harman and the Council

RESOLVED: That

(1)             Mr Mathew Crisp be appointed as the Borough Council representative to serve on The Berry Housing Trust for an indefinite term;

(2)             The Outside Bodies Schedule be updated for reflect the new appointment; and

(3)             Consideration be given as to whether the Berry Housing Trust fitted the Borough Council’s criteria for outside body representation.

To consider a Notice of Motion proposed by Councillor D King, seconded by Cllr A Mehmet on behalf of the Conservative Group.

Consideration was given to a Notice of Motion (25/002) pursuant to Council Procedure Rule No. 5.7 submitted by Cllr King in relation to local government reorganisation and the English Devolution White Paper published in December 2024 (as set out on page 471).

As set out in the Notice, Cllr King proposed, seconded by Cllr Mehmet that the Council:

(1)             Expressed its deep disappointment with the top-down approach to Local Government reorganisation that the Government has taken;

(2)             Continued to work constructively with all other affected authorities across Kent and Medway to secure the best outcome for residents across Tonbridge and Malling; and

(3)             Started the process of a Community Governance Review, with the intention of creating a Town Council in Tonbridge, by establishing a politically proportionate Member working group to oversee the development of an initial Terms of Reference and timetable for this review. 

RESOLVED:  That actions requested by the Notice of Motion (25/002) be agreed.

To consider a Notice of Motion proposed by Councillor G Bridge, seconded by Cllr M Hood on behalf of the Liberal Democrat and Green Groups.

Consideration was given to a Notice of Motion (25/003) pursuant to Council Procedure Rule No. 5.7 submitted by Cllr Bridge in relation to the establishment of a Tonbridge Town Council to avoid a democratic deficit arising as a result of local government reorganisation (as set out on page 472).

As set out in the Notice, Cllr Bridge proposed, seconded by Cllr Hood that the Council should agree, in principle the following:

(1)            Tonbridge should have a town council if that is the wish of the people of Tonbridge.

On the grounds that Notice of Motion (25/002) had agreed the principle of undertaking a community governance review into the establishment of a town council for Tonbridge, Cllr Boughton raised a point of order, in accordance with Council Procedure Rule 6.25 and asked that consideration be given to withdrawing Motion 25/003 to avoid the risk of negating the action agreed under Motion 25/002 if a different decision was reached. 

However, Cllr Bridge remained of the view that this Motion should proceed and be given due consideration.

Members were also advised that a Petition seeking a community governance review had been received at the Borough Council offices on Monday 16 February 2025 and was pending verification.

Following in-depth discussion there was majority support for this Motion.

RESOLVED:  That the action requested by Motion 25/003 be agreed.

To consider a Notice of Motion proposed by Councillor M Hood, seconded by Cllr S Pilgrim on behalf of the Green Group.

Consideration was given to a Notice of Motion (25/004) pursuant to Council Procedure Rule No. 5.7 submitted by Cllr Hood in relation to granting River Lawn, Tonbridge village green status (as set out on page 475). 

As set out in the Notice, Cllr Hood proposed, seconded by Cllr Pilgrim that the Council should resolve that:

(1)             In accordance with section 15(8) of the Commons Act 2006, as the landowner it will voluntarily apply for the land known as River Lawn, River Lawn Road, Tonbridge to be registered as a village green; and

(2)             A review is undertaken of the policy of rewilding to River Lawn to assess its success and whether this is the most appropriate management of this open space and that the review is considered by the Communities and Environment Scrutiny Select Committee.

RESOLVED:  That the action requested by Motion 25/004 be agreed.

To consider a Notice of Motion proposed by Councillor A Cope, seconded by Cllr S Pilgrim on behalf of the Green Group.

Consideration was given to a Notice of Motion (25/005) pursuant to Council Procedure Rule No. 5.7 submitted by Cllr Cope in relation to fees for the use of Cannon Lawn, Tonbridge for Tonbridge Pride (as set out on page 477). 

Cllr Cope advised that a compromise had been reached in advance of the meeting and in accordance with Council Procedure Rule 6.17 withdrew Motion 25/005.   The seconder of the Motion (Cllr Pilgrim) and the Council signified consent to withdraw the Motion.

RESOLVED:  That Motion 25/005 be withdrawn

Recommendations of the General Purposes Committee in respect of the Localism Act and updated Pay Policy Statement for 2025/26.

Consideration was given to the recommendations of the General Purposes Committee of 22 January 2025 in respect of the requirements of the Localism Act 2011 and an updated Pay Policy Statement for 2025/26 as set out in Annex 1.

As there had not been many significant changes in the Borough Council’s remuneration policy, the substantive content of the updated Policy was nearly identical to the Borough Council’s Pay Policy Statement 2024/25.  The key updates related to the actual pay received by staff, the pay multiple data and the number of officers in specific graded posts.

RESOLVED:  That the Pay Policy Statement set out in Annex 1 be endorsed and adopted.

Recommendations of the General Purposes Committee of 22 January 2025

The proposals contained exempt information, were considered in private by the Committee and have not been attached to this agenda.

Consideration was given to the recommendations of the General Purposes Committee of 22 January 2025 in respect of a number of establishment changes.   In accordance with LGA 1972  Sch 12A, the content considered by the General Purposes Committee was exempt for reason 1 – information relating to an individual.

Due regard was given to the views of the General Purposes Committee and the financial and value for money considerations set out in the restricted report.

RESOLVED:  That

(1)             the fixed term post DC0107, Climate Change Officer, 37 hours, be permanently established with effect from 19 February 2025;

(2)             post DJ0318, Principal Planning Officer, be permanently increased from 24 to 32 hours per week;

(3)             post DJ0319, Senior Planning Officer, be permanently increased from 20 to 30 hours per week;

(4)             the vacant post DJ0315, Principal Planning Officer, 37 hours per week, M8, be deleted;

(5)             a new full time, permanent Planning Policy Team Leader post at grade M7, be created;

(6)             post DR0014, Contracts, Procurement and Property Lawyer, be deleted;

(7)             two new part time posts, a Contracts and Procurement Lawyer and a Property Lawyer at 21 hours per week each, be created; and

(8)             the additional costs arising from the report as set out in paragraph 7, be included in the budget for 2025/26.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

Consideration was given to the recommendation of the Cabinet of 11 February 2025 in respect of risk management.  Due regard had been given to the views of the Audit Committee of 13 January 2024, the review undertaken by Zurich Risk Management, the financial and value for money considerations and the legal implications.

RESOLVED:  That

(1)             the updates to the Strategic Risk Register since the last iteration with particular emphasis on those risks categorised as RED, be noted;

(2)             the progress towards the delivery of recommendations from the Zurich Risk Management Review be noted; and

(3)             the objective to present an updated Risk Management Strategy to the Audit Committee in September 2025 be noted and approved.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

Consideration was given to the recommendations of Cabinet of 11 February 2025 in respect of treasury management.  Due regard had been given to the views of the Audit Committee of 13 January 2025, the details of investments undertaken and return achieved in the first eight months of the current financial year, the financial and value for money considerations and the legal implications.

RESOLVED:  That

(1)             the treasury management position as at 30 November 2024 be noted; and

(2)             the Treasury Management and Annual Investment Strategy for 2025/26 (presented to the Audit Committee at Annex 5) be adopted.

Due to the timescales and print deadlines, the recommendations of the meeting of Cabinet held on 11 February 2025 will be circulated to Members in advance of the meeting of Council.

Consideration was given to the recommendations of Cabinet of 11 February 2025 in respect of the Annual Audit Report 2023/24.   Due regard was also given to the views of the Audit Committee of 13 January 2025, the financial and value for considerations and the legal implications.

The Chair of the Audit Committee recorded appreciation to the Finance Team for their significant achievement in ‘signing-off’ the Audit Report by mid-January whilst in the middle of the budget setting process.

RESOLVED:  That

(1)             the Auditors Annual report for 2023/24 (attached at Annex 1) be approved;

(2)             the comments made in respect of the key recommendations from the Annual Audit Report for 2022/23 be noted; and

(3)             the management comments raised to the 2023/24 value for Money recommendations be noted and endorsed.

To receive and note the Minutes of meetings of Cabinet and Committees as set out in the Minute Book (attached as a supplement).

The Minutes of meetings of the Cabinet and Committees for the period November to December 2024 and January 2025 set out in the Minute Books (Volume 5 and Volume 1)  attached as a supplement, were received and noted.

Any recommendations to the Council from Cabinet or Committees were resolved elsewhere on the agenda.

To authorise the Common Seal of the Council to be affixed to any Contract, Minute, Notice or other document requiring the same.

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 into these Minutes and proceedings.