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Agenda and minutes

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

C 19/67

Honorary Freeman Peter Bolt

Minutes:

The Council observed a minute’s silence in memory of Honorary Freeman Peter Bolt who had died on 13 September 2019.

C 19/68

Declarations of interest pdf icon PDF 3 KB

To declare any interests in respect of recommended items

Minutes:

Councillors T Bishop and M Davis declared an Other Significant Interest in the item relating to Larkfield Leisure Centre Mechanical, Electrical and Roofing Works Capital Scheme Virement on the grounds that they were the Council’s appointees to the Tonbridge and Malling Leisure Trust.  They withdrew from the meeting during its consideration.

C 19/69

Minutes pdf icon PDF 220 KB

To confirm as a correct record the Minutes of the meeting of Council held on 9 July 2019

Minutes:

RESOLVED:  That the Minutes of the proceedings of the meeting of the Council held on 9 July 2019 be approved as a correct record and signed by the Mayor.

C 19/70

Mayor's Announcements pdf icon PDF 3 KB

Minutes:

The Mayor expressed thanks to the Council team who had taken part in the Tonbridge Half Marathon and all sponsors in aid of her charity, Cardiac Risk in the Young (CRY).  She highlighted a number of memorable occasions since the last meeting including the Oast Theatre Art Exhibition, the Vintage Motor Cycle Club’s international rally at the Friars, Aylesford, various Tonbridge Lions Club events and the 15th Anniversary celebration of the Community at Pilsdon at West Malling.  Particular reference was made to the Young Cricket Leaders’ presentation at Lords Cricket Ground and the opportunity to see The Ashes urn.  The Mayor had also attended the Lord Lieutenant of Kent’s Farewell Garden Party and the High Sheriff’s Justice Service.

 

The Mayor reported on the successful charity cricket match at Kings Hill Cricket Club and the local primary schools debate in the Council Chamber on 11 October.  So many schools wished to take part that a further debate had been arranged for 8 November.  Future events included the Charity Evening at the Oast Theatre on 21 January, a Charity Quiz and a possible Golf Day.  Further details would follow and the Mayor encouraged support for her fund raising events to enable CRY to undertake screenings in the Borough.

C 19/71

Planning Application TM/18/01240/FL - Woodford, Old Lane, Ightham pdf icon PDF 2 MB

To consider section 73 application TM/18/01240/FL for variation of conditions 1 (time limited and personal condition), 2 (restore site when temporary consent expires) and 4 (number of caravans) pursuant to planning permission TM/11/01444/FL (variation of conditions 1 and 2 on TM/07/01238/FL: change of use for stationing of two caravans for residential use, fencing and sheds for occupation by a single gypsy family) at Woodford, Old Lane, Ightham which was adjourned for determination by the full Council in accordance with Council Procedure Rule No 15.25.

Additional documents:

Minutes:

Consideration was given to the report of the Director of Planning, Housing and Environmental Health in relation to the section 73 application TM/18/01240/FL for variation of conditions 1 (time limited and personal condition), 2 (restore site when temporary consent expires) and 4 (number of caravans) pursuant to planning permission TM/11/01444/FL (variation of conditions 1 and 2 on TM/07/01238/FL: change of use for stationing of two caravans for residential use, fencing and sheds for occupation by a single gypsy family) at Woodford, Old Lane, Ightham.  The application had been adjourned for determination by the full Council in accordance with Council Procedure Rule No 15.25 following consideration by the Area 2 Planning Committee on 14 August 2019.

 

In order to facilitate the proper consideration of the application, the Council agreed to suspend its own procedure rules and resolved itself into a committee to which rules relating to a planning committee were applied.  Considerable discussion ensued.

 

In reaching its decision, the Council had regard to the reports considered by the Area 2 Planning Committee on 3 July and 14 August 2019 including the report of the Director of Central Services and Monitoring Officer which contained exempt information (LGA 1972 Sch 12A Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings).  Members of the public addressed the meeting where the required notice had been given and their comments were taken into account by the Council when determining the application (speakers listed below).

 

RESOLVED:  That planning permission be GRANTED subject to the conditions and informative set out in the report of the Director of Planning, Housing and Environmental Health.

 

[In accordance with Council and Committee Procedure Rule 8.6, Councillors R Betts and M Coffin requested that their vote against the motion be recorded.]

 

[Speakers: Ms P CracknellIghtham Parish Council; Mr L Sinclair, Mr J Miles, Mr S Russell and Mrs R Simpson – members of the public; Mr J Moore – on behalf of the applicant.]

C 19/72

Questions from the public pursuant to Council Procedure Rule No 5.6 pdf icon PDF 3 KB

Minutes:

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

C 19/73

Questions from Members pursuant to Council Procedure Rule No 5.5 pdf icon PDF 3 KB

Minutes:

No questions were received from Members pursuant to Council Procedure Rule No 5.5.

C 19/74

Leader's Announcements pdf icon PDF 3 KB

Minutes:

Remembrance Sunday

 

The Leader advised that this year marked the RBLI’s 100th anniversary year at Aylesford and its transformational work with veterans and people with disabilities.  It was therefore a huge privilege for the RBLI and the Borough that Her Majesty the Queen would be officially opening the New Extra Care Facility in the village and cutting the Turf for the Centenary Village on 6 November.

 

There would be a number of Remembrance Day parades throughout the Borough with the Mayor, Chief Executive and Leader attending the service at Tonbridge and the Mayor and Director of Finance and Transformation at West Malling.  The Deputy Mayor would be at Snodland while the Chief Executive and Leader would attend the service at the Aylesford RBL village.

 

Peter Bolt

 

The Leader commented that it was fitting that the Council should hold a minute’s silence in memory of Peter Bolt.  Many tributes had been paid to him on hearing the news that he had passed away.  Peter was the most hard-working and dedicated councillor and always fought extremely hard to get the very best for the communities he served.  He was the champion for the Judd ward over many years, having a true passion for meeting residents, hearing their views and thoughts, as well as taking time to explain particular issues that might affect them.  He also had an enormous appetite for attending meetings, reading agendas with great care and preparing himself in equal measure.  The Leader reflected that if he were here today, he would be sitting in the row just behind and giving a running commentary on the meeting as it progressed.

 

The Leader was very pleased that the Mayor was able to present Peter with his Honorary Freeman scroll just a few weeks before he passed away.  This accolade meant an enormous amount to him and Margaret, his wife.  Along with a number of colleagues, the Leader had attended Peter’s funeral and wished to place on record his appreciation to the Chief Executive for her wonderful tribute to Peter and the support provided to Margaret and the family.

 

Finances

 

Members would be aware from the most recent report to Cabinet that, despite the savings and efficiencies made since 2013, fresh challenges were continually directed at the Council.  Tonbridge and Malling had not received government revenue support grant since April 2017, accepting that New Homes Bonus and Business Rates Retention would be important elements of its funding.

 

There remained uncertainty about the full introduction of the Business Rates Retention. If the intentions set out in the finance settlement technical consultation were carried through, New Homes Bonus would be withdrawn and there was no certainty about a replacement.  Both added to other pressures being faced making the reality of the Council’s funding gap in the region of £800k.  The Leader emphasised that such a challenge required understanding of the reality of making tough choices and he was in no doubt that expenditure must be prioritised towards mandatory services.

 

Household recycling collection  ...  view the full minutes text for item C 19/74

C 19/75

Treasury Management Update and Annual Report for 2018/19 pdf icon PDF 53 KB

Item AU 19/29 referred from Audit Committee minutes of 29 July 2019

Additional documents:

Minutes:

Item AU 19/29 referred from Audit Committee minutes of 29 July 2019.

 

RESOLVED:  That the recommendations at Minute AU 19/29 be approved.

C 19/76

Proposed Scheme of Co-option pdf icon PDF 102 KB

Item OS 19/21 referred from Overview and Scrutiny Committee minutes of 29 August 2019

Additional documents:

Minutes:

Item OS 19/21 referred from Overview and Scrutiny Committee minutes of 29 August 2019.

 

RESOLVED:  That the recommendations at Minute OS 19/21 be approved.

C 19/77

Disclosure and Barring Service Policy and Procedure pdf icon PDF 104 KB

Item GP 19/18 referred from General Purposes Committee minutes of 8 October 2019

Additional documents:

Minutes:

Item GP 19/18 referred from General Purposes Committee minutes of 8 October 2019.

 

RESOLVED:  That the recommendations at Minute GP 19/18 be approved.

C 19/78

Treasury Management Update and Mid-Year Review 2019/20 pdf icon PDF 106 KB

Item CB 19/56 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/56 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/56 be approved.

C 19/79

Larkfield Leisure Centre Mechanical, Electrical and Roofing Works Capital Scheme - Virement pdf icon PDF 52 KB

Item CB 19/57 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/57 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/57 be approved.

C 19/80

Review of Community Safety pdf icon PDF 108 KB

Item CB 19/58 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/58 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/58 be approved.

C 19/81

IT Strategy and Digital Strategy Update pdf icon PDF 106 KB

Item CB 19/59 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/59 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/59 be approved.

C 19/82

Disabled Facilities Grant Budget 2019-20 pdf icon PDF 51 KB

Item CB 19/60 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/60 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/60 be approved.

C 19/83

Review and Replacement of Council Website pdf icon PDF 52 KB

Item CB 19/61 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/61 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/61 be approved.

C 19/84

Purchase of Temporary Accommodation pdf icon PDF 52 KB

Item CB 19/62 referred from Cabinet minutes of 16 October 2019

Additional documents:

Minutes:

Item CB 19/62 referred from Cabinet minutes of 16 October 2019.

 

RESOLVED:  That the recommendations at Minute CB 19/62 be approved.

C 19/85

Appointments to Outside Bodies pdf icon PDF 67 KB

 To consider appointment to the Allington Community Liaison Group.

Minutes:

The report of the Director of Central Services advised that the Allington energy from waste generating station’s long standing Community Liaison Group, established to ensure effective engagement with local stakeholders, was currently attended by Councillor S Hammond in addition to officers.  Consideration was given to the formal appointment of Councillor Hammond as the Council’s representative on the group.

 

RESOLVED:  That Councillor S Hammond be formally appointed to the Allington Community Liaison Group.

C 19/86

Sealing of Documents pdf icon PDF 3 KB

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

Minutes:

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.

PART 2 - PRIVATE

C 19/87

TM/18/01240/FL - Woodford, Old Lane, Ightham

LGA 1972 Sch12A Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Minutes:

(LGA 1972 Sch 12A Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

 

Members received the private report of the Director of Central Services and Monitoring Officer (Minute C 19/71 refers).