Agenda and minutes

Notification of substitute members were recorded as set out below:

·        Cllr M Rhodes substitute for Cllr L Chapman

 In accordance with Council Procedure Rules 17.5 to 17.9 these Councillors had the same rights as the ordinary member of the committee for whom they were substituting.

Members are reminded of their obligation under the Council’s Code of Conduct to disclose any Disclosable Pecuniary Interests and Other Significant Interests in any matter(s) to be considered or being considered at the meeting. These are explained in the Code of Conduct on the Council’s website at Code of conduct for members – Tonbridge and Malling Borough Council (tmbc.gov.uk).

Members in any doubt about such declarations are advised to contact Legal or Democratic Services in advance of the meeting.

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

However, for reasons of transparency, Cllr Bishop advised that he was one of the Borough Council’s appointments to the Board of the Tonbridge and Malling Leisure Trust who were referenced in Capital Plan Review 2025/26 (item 8). As this did not represent an Other Significant Interest on the grounds that the matter being discussed was for recommendation only and therefore not regarded as prejudicial , he remained in the meeting and participated in the discussion.

To confirm as a correct record the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 November 2025

RESOLVED:  That the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 November 2025 be approved as a correct record and signed by the Chair.

The report sets out the draft Estimates 2026/27 for scrutiny and the Committee are invited to make recommendations to Cabinet.

(NB. Due to its size the Estimates Booklet (Annex 1) is attached as a supplement.)

The report of the Head of Finance and the Cabinet Member for Finance, Waste and Technical Services referred to the responsibility of the Cabinet under the Constitution for formulating initial draft proposals in respect of the Budget and explained that, under the Budget and Policy Framework, one of the responsibilities for the Overview and Scrutiny Committee was to scrutinise the draft Estimates and, where appropriate, make recommendations to Cabinet. 

In preparing the Estimates, due regard had been given to the Corporate Strategy and particular consideration given to the need to address a number of key issues including the provision of cost-effective temporary accommodation, the regeneration of Tonbridge, climate change initiatives, transformation to improve efficiency and effectiveness and delivery of the Local Plan.

Particular reference was made to the provisional local government finance settlement covering the 2026/28 to 2028/29 financial years.  This was published on 17 December 2025 and incorporated changes to the Local Government Finances under the Fair Funding 2.0 and Business Rates Reset.  A large number of previous grants issued under Section 31 of the Business Rates (Small Business, Retail Relief and Under Indexing) part of Homelessness Prevention Grant, National Insurance compensation and New Homes Bonus were now included in the settlement under Revenue Support Grant.    However, the Funding Guarantee received over the last few years had also been included into the new Revenue Support Grant and the financial settlement covered the financial years April 2026 to March 2029 which was welcomed as it allowed greater financial planning in forthcoming years.

As part of the settlement the Government prepared a Core Spending Assessment to detail the resources available to the Borough Council as a whole.  It was noted that Tonbridge and Malling saw the second highest reduction in its Core Spending Assessment for authorities in England.  In addition, it was noted that this assessment included a notional amount for Council Tax Revenue to be raised by the authority.  This was based upon the Council Tax and Taxbase for 2025/26 and allowed for the assumption that the Band D amount would increase in line with the referendum principles and taxbase increased based on a national average.  This element, Council Tax, were removed for the purposes of comparisons between years.

Overall, this represented a decrease in funding to the Borough Council of 9.8% which amounted to circa £1.549m over the settlement period.  

Attention was also drawn to the ability for district councils to increase council tax up to 3%, or £5 whichever was greater. 

Further work had been undertaken to assess the recent changes associated with Business Rates revaluation and the calculation of the  Income Base from the Retained Rates for the 2026/27 estimates. The Head of Finance confirmed that estimated returns to Central Government had been made placing the Council at the provisional baseline income of £3.362m.

Members were advised that, in accordance with the MTFS objectives, the annual contribution to the Revenue Reserve for Capital Schemes, excluding capital renewals, had previously been set at £250,000.  However, given pending reorganisation  ...  view the full minutes text for item OS 26/4

The report reviews the current position of the existing Capital Plan and recommends schemes to be added to and deleted from List C; schemes for evaluation and schemes for inclusion on List B.   An updated Capital Strategy is also presented for endorsement.

The report of the Head of Finance and Cabinet Member for Finance, Waste and Technical Services detailed proposals for the Capital Plan for the remainder of 2025/26 and 2026/27 and sought endorsement of recommendations to the Cabinet.

Members were reminded that the capital plan process provided a means of maintaining a pool (List C) from which schemes could be selected for evaluation and possible implementation.  It also provided an opportunity to review the provisions for schemes which were already in the Capital Plan (List A).

It was explained that capital expenditure was currently funded from the revenue reserve for capital schemes, grants from government and other bodies, developer contributions and from capital receipts derived from the sale of assets.  In some circumstances other earmarked reserves were used to fund in full or in part appropriate capital plan schemes.  However, it was also noted that based on current approvals that from 2029/30 the Borough Council might need to borrow to fund such expenditure.

Proposals for List C which included the addition of ‘fast track’ schemes in respect of Tonbridge Farm Sportsground Improvements All Weather Pitch, Leybourne Lakes Country Park – Resurfacing Access Roads and Paths, Taddington Valley – Site Improvement Works, Water Safety Systems Installation for Swimming Pools and Innerva Suite – Angel Leisure Centre  were outlined in 9.4 of the report. Funding arrangements and evaluated details for these schemes were set out in Annex 4 and 10.1 to 10.6 of the report.

In addition, to the five schemes identified for ‘fast track’, a further scheme concerning the boilers at Tonbridge Swimming Pool required consideration to enable a potential amendment to the current Boiler Scheme on List A to include this additional site.  This scheme could be funded from the annual capital allowance of £500,000.    There was no objection raised to amending the current List A scheme.

Careful consideration was given to the existing Capital Plan (List A) and List C (as detailed in Annexes 1 – 3) and officers responded to questions raised by Members related to the reduced budget provision of  housing assistance, capital receipts of the old Angel Leisure Centre and the scheme at Tonbridge Farm Sportsground.

In response the Committee was assured that housing assistance support was not being reduced but funded by Better Care Funding and every effort would be made to put capital receipts towards the replacement Angel Centre in due course. An offer to hold a Member briefing on the Tonbridge Farm Sportsground to better understand the project was welcomed. Other queries raised would be addressed out of meeting and if appropriate necessary adjustments to the schemes would be made.

Members recognised the significant financial implications in respect of a number of schemes and were reassured that the costs, risks, works and valuations associated with the projects would be carefully monitored.  It was also commented that projects set out should be implemented as soon as possible in advance of local government organisation so that these could be started/completed if the Borough Council no longer  ...  view the full minutes text for item OS 26/5

This report reviews the performance of the  Mid Kent Procurement Partnership since this Council joined in May 2024  and seeks comments from the Committee prior to Cabinet considering the way forward at its next meeting.

The report of the Director of Street Scene, Leisure and Technical Services reviewed the performance of the Mid-Kent Procurement Partnership since the Borough Council joined in May 2024 and sought comments in respect of the way forward.

Members were pleased to note that the Procurement Partnership had been very well received; an improvement in high quality procurement and contracting activity and the key actions for the Partnership in the next 12-18 months as detailed in the report.

Consideration was given to a number of options regarding the Procurement Partnership, as detailed in paragraph 8 of the report.  Due regard was also given to the financial and value for money considerations, the assessment or risk and legal implications.

In recognition that membership of the Mid-Kent Procurement Partnership supported full compliance with relevant legislation and maintained an effective council, Cllr Oakley proposed, Cllr Cannon seconded and the Committee

RECOMMENDED:  That

(1)            Option 3 to continue with the Procurement Partnership with a further review in 4 years’ time and ensuring that budget was made available to do so be commended to Cabinet for adoption.

A draft Annual Service Delivery Plan for 2026/27, setting out a wide range of activities, milestones and targets to strengthen the links between the Corporate Strategy 2023-27 and to monitor performance and delivery is presented at Annex 1.

The report of the Chief Executive and Leader of the Borough Council presented a Annual Service Delivery Plan for 2026/27.  This was a performance management tool that set out the Borough Council’s priority actions for the year, along with key milestones and targets that could be used to monitor when the organisation was on target with delivery.

Members reviewed the draft Annual Service Delivery Plan 2026/27 (attached at Annex 1) and a number of amendments, corrections  and points of clarification were suggested.  These would be reviewed by the Corporate Policy and Communities Manager in liaison with Services.

Particular reference was made to the replacement of the Penny Shelter in River Walk, Tonbridge following its accidental demolition by a street cleaning vehicle.  As this was still to be resolved by the insurance company it was difficult to predict what funding would be required and whether there would be a requirement to replace ‘like for like’ if the Shelter was considered a heritage asset.

There was also detailed discussion in respect of Fixed Penalty Notices for fly tipping and the role of the contractor.  There was general support for this to be discussed at a future meeting of the Communities and Environment Scrutiny Select Committee.

In recognition that without an effective performance management framework in place, the authority would not be able to identify any required improvements or achieve value for money, Cllr Bell proposed, Cllr McDermott seconded and the Committee

*RECOMMENDED:  That

(1)             the report be noted;

(2)             the draft Annual Service Delivery Plan 2026/27 (attached at Annex 1) be recommended to Cabinet for approval; and

(3)             any updated information addressing current gaps in information be considered during Quarter 1 reporting of the Annual Service Delivery Plan 2026/27.

*Recommended to Cabinet

This report provides Members with an update on empty homes work, including current figures, trends, recent activities and the work of the Empty Homes Officer post.

Members were provided with an update on empty homes work and the  current figures, trends, recent activities and the work of the Empty Homes Officer were noted.

It was reported that as at 16 December 2025 there were 995 empty properties across the borough.  This included all properties form empty for one day through to long term empty properties.  Unfortunately, the Borough Council had seen a 17.19% increase in the number of long-term vacant dwellings (empty for more than 6 months), which was slightly above the national average.

A positive direction with Clarion Housing Group voids was noted and Members were assured that the Borough Council were keeping a record of properties disposed by the housing provider.

A record of decisions taken the Cabinet and/or Cabinet Members since the last meeting of the Committee is attached for information.

The decisions taken by the Cabinet and Cabinet Members during the period November to January 2025/26  were presented for information and noted by the Committee.

The Notice of Key Decisions anticipated to be taken during the period February to April 2026 is attached.  This may be subject to change due to adjustments to the reporting timetable.

The Notice setting out Key Decisions anticipated to be taken during the period February to April 2026 was noted.

The Work Programme setting out matters to be scrutinised during 2026 is attached for information.  Members can suggest future items by liaising with the Chair of the Committee. 

The Work Programme setting out potential matters to be scrutinised during 2026 was noted.  Members were invited to suggest future items by liaising with the Chair of the Committee.

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information.

There were no items considered in private.