Agenda and minutes

To declare any interests in respect of recommended items

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

To confirm as a correct record the Minutes of the meeting of Council held on 8 July 2025

RESOLVED:  That the Minutes of the proceedings of the meeting of the Council held on 8 July 2025 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:

·        Ightham Mote's 40th Celebration Garden Party

·        Hi Kent Equipment & Information Event

·        Opening of newly refurbished Sue Ryder Charity Shop at Kings Hill

·        Visit to Air Ambulance Charity KSS

·        Tonbridge and Malling in Bloom Awards Event at Coolings Garden Centre

·        Visit to Tonbridge Model Engineering Society (TMES)

·        Royal British Legion Kent County Dinner

·        The High Sheriff of Kent's Justice Service

·        Private Launch Night at Page & Coe Arts in Mereworth

·        Visit to DAVSS; and

·        Charity Quiz Night at the Old Fire Station, Tonbridge

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

·        Remembrance Sunday Services – 9 November 2025

·        Armistice Day – 11 November 2025

·        Charity Karting Event at Buckmore Park – 14 November 2025

·        Charity Event at Tonbridge Castle – 30 November 2025 – Further details to follow

·        Afternoon Tea at Tonbridge School – March/April 2026 – Further details to follow

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

·       25/006/MEM – Fixed Penalty Notices (Cllr Parry)

·       25/007/MEM – Accessibility to Council Services (Cllr Barton)

·       25/008/MEM – Community Events (Cllr Cope)

In accordance with Council Procedure Rule No. 5.5 questions had been submitted by Cllr Parry in respect of Fixed Penalty Notices for Littering (25/006/MEM), Cllr Barton in respect of access to council services for those with visual impairments (25/007/MEM) and Cllr Cope in respect of Borough Council support for grass root festivals and community events (25/008/MEM).

Detailed responses to these questions were provided by the Leader of the Borough Council (Cllr Boughton) and the Cabinet Member for Community Services (Cllr  Keers).  The questions and answers were noted and attached as an Annex to these Minutes.

In response to supplementary questions, the Cabinet Member for Community Services reassured Members that all opportunities for improving customer accessibility continued to be explored.  With regard to cancelled events, it was acknowledged that there were a number of reasons why this could happen. Specific information would be collated and assessed to aid the Borough Council’s understanding and to identify what additional support was required, if any.

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

The Leader referred to the absence of Cllr M Coffin, Deputy Leader and Cabinet Member for Finance, Waste and Transformation, who had unfortunately experienced an accident over the weekend and sustained serious injuries.  Despite his condition he remained dedicated to his responsibilities as a councillor and keen to remain engaged with the work of the Borough Council. The Council extended best wishes to Cllr Coffin and looked forward to  his return as soon as possible. 

The Leader welcomed a guest from Austria who was observing how national and local government operated in the UK. It was hoped that his experience here would provide valuable opportunities for comparison with Austria’s systems.  Furthermore, it was an opportunity to observe a council meeting where Members engaged respectfully across party lines and collaborated actively, qualities which were highly valued in the Borough Council. 

It was confirmed that there was significant collaboration among many councils regarding local government reorganisation.  This month was critical as the submission deadline of 28 November 2025 approached.  There were five main options under consideration, although some proposed models might not meet the Government’s criteria.  Nevertheless, productive partnerships continued throughout Kent and the Leader looked forward to updating Members further at an all Member Briefing, once details were available, and the debate at the Overview and Scrutiny Committee in November. 

In the meantime, work in the Borough continued.  Recent meetings, such as the Housing and Planning Scrutiny Select Committee exemplified constructive, fact-based debate and demonstrated Member’s commitment to addressing challenging government planning policy changes.  The draft Local Plan was moving to public consultation, subject to Cabinet ratification.  The Leader and Cabinet Member for Planning (Cllr Taylor) would attend numerous public meetings to inform residents about the process and encourage participation.  These events organised in partnership with parish/town councils aimed to ensure accessibility and meaningful feedback from all communities.  Online forums would also be hosted for greater inclusivity.

In addition, the Bluebell Hill temporary accommodation project team would be available for a drop-in session on Thursday 6 November at Bridgewood Manor Hotel to discuss the modular homes development. All interested residents were welcome to attend.

The Leader extended thanks to all those involved in recent award-winning projects, such as the living roof bus shelter near Tonbridge Station and the refurbishment of the spa at Tonbridge Swimming Pool, both of which were recognised by the Tonbridge Civic Society for their innovation and quality.

Following the adoption of the Masterplan for the East of the High Street area in Tonbridge, survey responses indicated strong public support for the Borough Council’s regeneration efforts. With local government reorganisation approaching there was now an unique opportunity to implement long-term ambitions, beginning with the construction of the new Angel Leisure Centre.

Residents would notice a new orange sticker on black general waste bins as part of the Borough Council’s drive to improve food waste recycling. Educational materials and free food caddy liners would be distributed to households to encourage participation.

Lastly, the Leader highlighted the upcoming Tonbridge and  ...  view the full minutes text for item C 25/88

The report of the Chair of the Overview and Scrutiny Committee provides a summary of the work of the Committee over the past year

The annual report of the Chair of the Overview and Scrutiny Committee provided a summary of the work and activities undertaken during the past 12 months.   The Committee had undertaken a wide range of reviews, examined key policy areas and provided constructive feedback that had influenced positive change.

Full details of all the reviews undertaken and any other matters considered by the Committee over this period were available on the Borough Council’s website.  

Members noted that it had been a busy and productive year for the Committee, marked by a strong commitment to improving transparency, accountability and service delivery across the organisation.

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 July to September 2025 set out in the Minute Book (Volume 4 attached as a supplement, were received and noted.

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

This report sets out the results of the recent Community Governance Review consultation and seeks approval for the next steps in the process.

The report of the Chief Executive set out the results of the recent Community Governance Review consultation (attached at Annex 1) and sought approval for the next steps in the process.

Following public consultation, the majority of responders were in favour of a town council being established in Tonbridge.  The full results of the consultation were provided in Annex 1.   Members noted that the response rate compared favourably to other areas that had recently undertaken community governance review consultations. 

It was proposed that a second consultation be undertaken, as per the consultation plan, to seek views on more detailed aspects of a future Tonbridge town council such as whether the town council should be warded, the potential number of town councillors and whether it should have a mayor.  A draft consultation questionnaire was attached at Annex 2.

To minimise any conflict with the Local Plan Regulation 18 consultation it was proposed that the consultation take place for a 6-week period from 31 October to 12 December 2025. 

Members recorded appreciation to the Election Services Manager, the Strategic Economic Regeneration Manager and the Communications Team for a well-managed and well promoted consultation.

RESOLVED:  That

(1)            the Community Governance Review process be continued; and

(2)            the proposed next steps, detailed in 6.1 to 6.4 of the report, be approved.

Consideration of recommendations of the Audit Committee in respect of the outcome of the annual review of the Local Code of Corporate Governance.

Consideration was given to the recommendations of the Audit Committee in respect of the annual review of the Local Code of Corporate Governance.

Due regard was given to the views of the Committee and Cllr Cannon proposed, Cllr Harman seconded and Council

RESOLVED:  That the updates and amendments to the Local Code of Corporate Governance, as set out in Annex 1 to the report, be approved and adopted.

Consideration of recommendations of the Audit Committee in respect of  details provided on investments undertaken during April and May of the current financial year, and the Treasury Management outturn position for 2024/25.

Consideration was given to the recommendations of the Audit Committee in respect of treasury management performance and annual report for 2024/25.

Due regard was given to the views of the Committee and Cllr Cannon proposed, Cllr Harman seconded and Council

RESOLVED:  That

(1)            the action taken by officers in respect of treasury Management activity for April to May 2025 be endorsed;

(2)            the 2024/25 outturn position be noted; and

(3)            the current position in respect of Lothbury and Hermes Property Investment Funds be noted.

Consideration of recommendations of Cabinet of 2 September 2025 in respect of a List C Capital Plan Evaluation for the replacement of the Shallows Bridge in Haysden Country Park.  It is recommended that the scheme is included in List A of the Capital Plan and progressed within the current financial year.

Consideration was given to the recommendations of the Cabinet in respect of the replacement of Shallows Bridge at Haysden Country Park.

Due regard was given to the views of the Cabinet and the financial and value for money considerations.  Whilst the replacement of the bridge was supported, some concern was expressed at the potential financial implications if the existing abutments were not fit for purpose.

On the grounds that the replacement bridge would maintain access for users of the Country Park and for health and safety reasons, Cllr Keers proposed, Cllr Boughton seconded and Council

RESOLVED:  That

(1)             the scheme to replace the Shallows Bridge, Haysden Country Park be transferred to List A of the Capital Plan; and

(2)             subject to an assessment of the abutments, the replacement bridge be constructed in the current financial year.

Consideration of the recommendations of Cabinet of 2 September 2025 in respect of regular briefing sessions for Members.

Consideration was given to the recommendations of the Cabinet in respect of establishing regular, officer-chaired briefing sessions for Members on pre-application development proposals.  It was also recommended that a new charge be introduced as part of the pre-application charging scheduled as detailed in Annex 1 reviewed by Cabinet.

Due regard had been given to the views of the Housing and Planning Scrutiny Select Committee, the financial and value for money considerations and on the grounds of improving communication and engagement between Members and developers, Cllr Taylor proposed and Cllr Boughton seconded that the recommendations of the Housing and Planning Scrutiny Select Committee be approved.

Some reservations were expressed in respect of the approach proposed, especially in the context of changing planning policies and relationships with developers.   However, other Members found the early discussion with developers useful and welcomed the proposal.

In accordance with Council Procedure Rule 8.4, two members present at the meeting required that the names for and against the motion or abstaining from voting be taken down in writing and entered in the Minutes.

Members voting for the motion:

Cllrs Athwal, Banks, Barton, Bell, Bennison, Betts, Bishop, Boughton, Bridge, Brown, Cannon, Chapman, Clokey, Cope, Dalton, Davis, Hammond, Harman, Hickmott, Hood, Hoskins, Hudson, Keers, Lark, McDermott, Mehmet, Mrs Oakley, Oliver, Palmer, Parry, Pilgrim, Roud, Tanner, Tatton, Taylor, Thornewell, Tunstall and Williams.

Total = 38

Members voting against the motion:

Cllrs King and Rhodes

Total = 2

(Total Members available to vote = 40)

Following the recorded vote, Council

RESOLVED:  That

(1)             the proposed approach be endorsed;

(2)             the establishment of monthly member briefing sessions be approved; and

(3)             the introduction of the proposed fees, which would supplement the existing pre-application services be endorsed.

Consideration of recommendations of the Audit Committee in respect of updates provided on investments undertaken during the period April to July of the current financial year and incorporates a mid-year review of the Treasury Management and Annual Investment Strategy for 2025/26.

Consideration was given to the recommendations of the Audit Committee in respect of the treasury management performance mid-year review for 2025/26.

Due regard was given to the views of the Committee and Members noted that the Borough Council had operated within the treasury limits and prudential indicators set out in the Annual Investment Strategy and in compliance with Treasury Management Practices and Prudential and Treasury Indicators.  Cllr Cannon proposed, Cllr Lark seconded and Council

RESOLVED:  That

(1)             the action taken in respect of Treasury Management activity for April to July 2025 be endorsed;

(2)             the inclusion of Ethical Investments to the existing parameters intended to limit the Borough Council’s exposure to investment risks be endorsed; and

(3)             the current position in respect of the Lothbury and Hermes Property Investment Funds be noted.

Consideration of recommendations of Cabinet in respect of the Auditor’s Annual Report.

These are ‘to follow’ and will be circulated in advance of the meeting.

Consideration was given to the recommendations of the Cabinet in respect of the Borough Council’s overall arrangements for securing economy, efficiency and effectiveness in the use of resources as set out in the Annual Auditors report prepared by Grant Thornton UK LLP and reviewed by the Audit Committee.

Due regard had been given to the views of the Audit Committee, the financial and value for money considerations and on the grounds that the external auditor was satisfied that the Borough Council had made proper arrangements for securing economy, efficiency and effectiveness in its use of resources Cllr Boughton proposed, Cllr Lark seconded and Council

RESOLVED:  That

(1)             the Auditors Annual report (Annex 1) be approved;

(2)             the key recommendations made in respect of the comments made be noted; and

(3)             the management comments to the 2024/25 value for money recommendations be noted and endorsed.

Members recorded appreciation to the Financial Services team as Tonbridge and Malling Borough Council were the first local authority in Kent to get its accounts signed off for 2024/25.

Recommendations of Cabinet in respect of Risk Management.

These are ‘to follow’ and will be circulated in advance of the meeting.

Consideration was given to the recommendations of the Cabinet in respect of the risk management process and the Strategic Risk Register.

Due regard had been given to the views of the Audit Committee, the financial and value for money considerations and on the grounds that the identification, evaluation and cost-effective control of risks was essential in safeguarding the Borough Council’s assets, employees, customers and the delivery of services to the Council community, Cllr Boughton proposed, Cllr Keers seconded and Council

RESOLVED: That the Risk Management Strategy and accompanying Risk Management Guidance be adopted.

In accordance with s100b(4) of the Local Government Act 1972, the Mayor has  agreed to take an urgent item of business by reason of special circumstance.

In accordance with s100b(4) of the Local Government Act 1972, the Mayor agreed to take an urgent item of business by reason of special circumstance.

The Leader of the Conservative Group proposed a number of changes to appointments to Committees, Boards, Panels and Other Member Groups to temporarily replace Cllr M Coffin who was currently indisposed as detailed below:

This was seconded by Cllr Keers and Council

RESOLVED:  That the appointments be agreed.

In order to facilitate the proper consideration of the following planning application and in accordance with the Council Procedure Rules, the Mayor proposed that the Council should suspend its own procedure rules and resolve itself into a committee to which rules relating to a planning committee were applied.   This was seconded by Cllr Boughton and Council

RESOLVED:  That Council Procedure Rules should be suspended and the Council resolve itself into a committee to which rules relating to a planning committee were applied.

Following approval of planning permission in October 2024, there is now a need for the Borough Council to seek alternative means of securing the required Biodiversity Net Gain provision.    The previous report is attached as Annex 1.

In accordance with the LGA 1972 Sch 12A Paragraph 5, Annex 2 is restricted as it contains exempt information relating to legal advice.

Consideration was given to the report of the Director of Planning, Housing and Environmental Health in relation to the proposed refurbishment of Gibson East office buildings as set out in planning application TM/24/01270/PA.

Planning permission had been approved by the Council on 22 October 2024, subject to securing off-site Biodiversity Net Gain (BNG) provision.  Unfortunately, attempts to secure this provision had been unsuccessful and the Borough Council (as applicant) needed to seek an alternative means of securing the required off-site BNG.

Instead of entering into a Conservation Covenant, as previously agreed, the Borough Council proposed to purchase off-site BNG credits from a Habitat Site Owner in an adjacent authority.  This site was already subject to an agreed Conservation Covenant and is a registered site on the Governments Biodiversity Gain Site Register.

Following legal advice regarding the change of provision, this approach was considered acceptable under the national Biodiversity Hierarchy.  Once BNG credits were purchased, the Borough Council would be required by condition to submit these details for approval and Planning Officers proposed a further condition be added to the planning approval to require submission of these details.

Whilst Members expressed disappointment that a suitable BNG provision could not be identified within the Borough, it was agreed that the proposal remained an appropriate rationalisation of the site that accorded with all relevant planning policies and guidance. The development would not have a detrimental impact on the surroundings of the listed buildings and provided for appropriate off-site BNG provision. The development also accorded with all relevant local and national planning policies and guidance.

Cllr Brown proposed, Cllr Betts seconded and Council

RESOLVED:  That planning permission be granted in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environment Health; subject to

(1)            Amended Condition 15:

The construction of the external storage building may not be begun unless:

(a)        a biodiversity gain plan has been submitted to the planning authority; and

(b)        the planning authority has approved the plan.

Reason:  To ensure the development complies with Schedule 7A of Section 90 of the Town and Country Planning Act 1990.

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.