Agenda, decisions and minutes

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 the Cabinet held on 30 June 2020

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 30 June 2020 be approved as a correct record and signed by the Chairman.

The notes of meetings of Advisory Boards are attached, any recommendations identified by an arrow being for determination by the Cabinet. Notices relating to any decisions already taken by Cabinet Members under the arrangements for delegated decision making have previously been circulated.

-       Communities and Housing Advisory Board

-       Finance, Innovation and Property Advisory Board (2)

-       Planning and Transportation Advisory Board

-       Economic Regeneration Advisory Board

-       Extraordinary meeting of Planning and Transportation Advisory Board

-       Street Scene and Environment Services Advisory Board – to follow

The Notes of the meetings of the following Advisory Boards were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced at the annex to these Minutes.

-      Communities and Housing Advisory Board of 21 July 2020

-      Finance, Innovation and Property Advisory Board of 22 July & 16 September 2020

-      Planning and Transportation Advisory Board of 28 July 2020

-      Economic Regeneration Advisory Board of 2 September 2020

-      Extraordinary Planning and Transportation Advisory Board of 29  September 2020

-      Street Scene and Environment Services Advisory Board of 5 October 2020

With regard to Parks and Leisure (referred to in Minute Number CH 20/17), the Cabinet Member for Communities was pleased to announce that Leybourne Lakes Country Park and Haysden Country Park had again been awarded Green Flag status.  In addition, Tonbridge Racecourse Sportsground had received the Green Flag award for the first time.  Appreciation was expressed to all staff and volunteers for their hard work and management in receiving these awards, as well as to residents and visitors for using the parks.

The Leader referred to Minute Number PE 20/18 of the Extraordinary meeting of the Planning and Transportation Advisory Board of 29 September and advised that the letter sent to the Secretary of State related to planning reforms had received some local media coverage. 

Finally, the Cabinet recorded appreciation to all Borough Council staff for maintaining services and continuing to support residents during the current pandemic.  It was recognised that many staff were working from home, located in different places and taking on new roles.

RESOLVED:  That the report be received and noted.

The minutes of meetings of Advisory Panels and Other Groups are attached, any recommendations being identified by an arrow.

-       Parish Partnership Panel

-       Tonbridge Forum

-       Joint Transportation Board

The Notes of the meetings of the following Advisory Panels and other Groups were received, any recommendations contained therein being incorporated within the decisions of the Cabinet reproduced with these Minutes.

-                  Parish Partnership Panel of 3 September 2020

-                  Tonbridge Forum of 7 September 2020

-                  Joint Transportation Board of 21 September 2020

RESOLVED:  That the report be received and noted.

Item FIP 20/36 referred from Finance, Innovation and Property Advisory Board of 16 September 2020

Consideration was given to the recommendations (FIP 20/36) from the Finance, Innovation and Property Advisory Board of 16 September 2020. 

RECOMMENDED: That 

(1)             the project to develop a lakeside purpose built facility at Leybourne Lakes Country Park be transferred from List C to List A of the Council’s Capital Plan;

(2)             a report on the design, procurement and timescale of the project be reported to a future meeting of the Communities and Housing Advisory Board;

(3)             a further report be brought to the Communities and Housing Advisory Board on the potential transfer of the management of Leybourne Lakes Country Park to the Tonbridge and Malling Leisure Trust including any new facility; and

(4)             (subject to further investigation) the Denbighshire County Council UK Leisure Framework be utilised to progress the project.

*Referred to Council

Item FIP 20/36 referred from Finance, Innovation and Property Advisory Board of 16 September 2020

Consideration was given to the recommendations (FIP 20/37) from the Finance, Innovation and Property Advisory Board of 16 September 2020.

RECOMMENDED:  That

(1)             the progress in respect of the IT Strategy be noted;

(2)             any technology training which might be helpful for elected Members be identified; and

(3)             the List C project ‘Enterprise Document Management Solution’ be transferred to List A of the Council’s Capital Plan and funded from the Invest to Save Reserve.

*Referred to Council

A report detailing treasury management activity undertaken during the period April to August of the current financial year was considered by Audit Committee on 28 September.  Following review by the Audit Committee, Cabinet are invited to recommend that Council endorse the action taken by officers in respect of treasury management activity to date and retain the current risk parameters.

The report of the Director of Finance and Transformation set out the recommendations arising from the Audit Committee of 28 September 2020.

RECOMMENDED:  That

(1)             the action taken by officers in respect of treasury management activity for the period April to August 2020 be endorsed; and

(2)             the existing parameters intended to limit the Council’s exposure to investment risks be retained.

*Referred to Council

Item PE 20/18 referred from Extraordinary meeting of Planning and Transportation Advisory Board of 29 September 2020

A draft letter to the Secretary of State setting out in more detail concerns of Members and their constituents is also attached for consideration.

Decision Notice D200066CAB

Consideration was given to the recommendations from the extraordinary meeting of the Planning and Transportation Advisory Board of 29 September 2020(as set out at Minute Number PE 20/18).

The Cabinet Member for Strategic Infrastructure and Planning referred to the excellent debate at the extraordinary meeting of the Planning and Transportation Advisory Board and recognised the significant contribution made by Members to the Borough Council’s consultation response and covering letter to Government.

Finally, the Cabinet recorded appreciation to the Director of Planning, Housing and Environmental Health and Planning Officers for a well-argued and analysed response.

 RESOLVED: That:

(1)             the response to the Changes to the Current Planning System consultation submitted by the deadline of 1 October be endorsed;

(2)             the proposed response to the Planning White Paper – Planning for the Future (set out in Annex 2) form the basis of the Borough Council’s formal response to Government;

(3)             the Director of Planning, Housing and Environmental Health, in consultation with the Leader and Cabinet Member for Strategic Planning and Infrastructure, finalise and submit the Borough Council’s response to the Planning White Paper- Planning for Future consultation by the deadline of 29 October 2020 and having regard for the points raised by Members; and

(4)             the letter setting out in more detail concerns of Members and their constituents be sent to the Secretary of State for Housing, Communities and Local Government as drafted.

Item JTB 20/16 referred from Joint Transportation Board of 21 September 2020

Decision Notice D200067CAB

Consideration was given to the resolutions of the Joint Transportation Board of 21 September 2020 (as set out at Minute Number JTB 20/16).

Reference was made to the Business Permit Scheme and the Director of Street Scene, Leisure and Technical Services indicated that there was potential for this to be reviewed as part of the annual review of car parking charges. 

RESOLVED: That the resolutions, as set out in the report to the Joint Transportation Board and detailed below, be endorsed:

(1)             the consultation for the proposed on-street parking fees and charges be progressed and the outcome reported to the meeting of the Joint Transportation Board of 8 March 2021;

(2)             the outcome of the Phase 12 Parking Action Plan informal consultation be reported to the next meeting of the Joint Transportation Board; and

(3)             subject to the informal consultation responses (set out in Annex 2) with minor alterations to proposals on Queen Street, Discovery Drive and Regent Way, the Kings Hill Parking Review be progressed to formal consultation.

A report relating to the Climate Change Strategy was considered by the Street Scene and Environment Services Advisory Board on 5 October 2020. 

Due to the timescale and print deadline for Cabinet, recommendations arising from this will be circulated to Members prior to Cabinet on 14 October.

Decision Notice D200068CAB

Consideration was given to the recommendations from the Street Scene and Environment Services Advisory Board of 5 October 2020 (set out at Minute Number SSE 20/15).

In response to a question about energy efficiency standards in new build properties, the Leader indicated that this level of detail could be addressed at future meetings of the Street Scene and Environment Services Advisory Board.

The Cabinet recorded appreciation to the Scrutiny and Partnerships Manager for the significant amount of work undertaken in preparing the Climate Change Strategy.  Appreciation was also expressed to the individuals, organisations and groups who had responded to the consultation.

RESOLVED: That:

(1)             the revised Climate Change Strategy, as set out at Annex 2 to the report, be adopted;

(2)             the Year 1 Climate Change Action Plan, as set out at Annex 3 to the report, be adopted; and

(3)             options for the establishment of a Climate Change Forum, to provide a mechanism for engagement with key stakeholders and interested parties, be explored and reported to a future meeting of the Street Scene and Environment Services Advisory Board.

A report relating to off-street car parking charges was considered by the Street Scene and Environment Services Advisory Board on 5 October 2020.

Due to the timescale and print deadlines for Cabinet, recommendations arising from this meeting will be circulated to Members prior to the meeting of Cabinet on 14 October.

Decision Notice D200069CAB

Consideration was given to the recommendations from the Street Scene and Environment Services Advisory Board of 5 October 2020 (as set out at Minute Number SSE 20/16)

RESOLVED:  That:

(1)             the revised off-street parking fees and charges as previously agreed by the Street Scene and Environment Services Advisory Board (as set out at Annex 1 to this report) be progressed to come into effect from 4 April 2021 in line with all relevant legislation; and

(2)             a survey to ascertain user profiles and duration of stay at the Martin Square and Aylesford car parks be undertaken at a point in time when it is deemed the parking has returned to some level of normality following the Covid-19 pandemic.

A report relating to community and business support and focusing on review, reorientation and recovery was considered by the Overview and Scrutiny Committee on 27 August 2020.  The Minutes extract is attached for information.  

Item OS 20/16 referred from Overview and Scrutiny Committee of 27 August 2020

Decision Notice D200070CAB

Consideration was given to the recommendations from the Overview and Scrutiny Committee of 27 August 2020 (as set out at Minute Number OS 20/16).

RESOLVED:  That:

(1)             the reinstatement of all Community Hub support in the event of a second wave or regional/local lockdown be endorsed;

(2)             the reinstatement of business support in the event of a second wave or regional/local lockdown be endorsed;

(3)             the ongoing commitment to the District and Community Recovery cell to aid support to the local community be endorsed; and

(4)             the suggested amendments (highlighted in paragraph 1.3.7 of the Overview and Scrutiny Committee report) regarding revisions to the Economic Regeneration Strategy to support businesses and the local economy be endorsed.

This report provides an overview of a range of aspects as the Council and our communities continue to adapt to living with coronavirus.

Decision Notice D200071CAB

The report of the Chief Executive and the Management Team gave an overview on a number of aspects as the Borough Council and its communities continued to adapt to living with coronavirus.  Updates were provided on the key issues identified as part of the framework for review, reorientation and recovery.

There had been good progress made on the actions identified in the Corporate Strategy – One-Year Addendum and included work on a new consultation draft of the Economic Recovery Strategy, the Climate Change Strategy, the Medium Term Financial Strategy and Savings and Transformation Strategy, the Air Quality Action Plan and support for the Leisure Trust. 

Particular reference was made to operational issues relevant to the pandemic and included proposals related to a change of telephone hours for customer services (detailed in 1.7.2 of the report); the grant award of £125,000 from the national Next Steps Accommodation Programme to support those at risk of rough sleeping or homelessness during the winter months to remain in accommodation (detailed in 1.7.4 of the report) and the introduction of a Track and Trace Payment Scheme for those who had a legal obligation to self-isolate as a result of a positive Covid-19 test.  The latter had required implementation by 12 October 2020 and the short timescale had necessitated the need for a ‘Decision to be Taken Under Emergency Provisions’ (D200012EM).

The Cabinet again recorded appreciation to the Chief Executive, the Management Team and all staff at the Borough Council in supporting residents, businesses and dealing with the effects of the pandemic.

RESOLVED: That:

(1)             the Borough Council’s ongoing response to the evolving scenario regarding Covid-19 be endorsed; and

(2)             progress in respect of the Corporate Plan Addendum be noted

This report provides Members with an update to the Medium Term Financial Strategy and also the Savings and Transformation Strategy which sits alongside it.  In addition, the report considers the Council’s position regarding business rate pooling for 2021/22, and recommends that for 2021/22 the Council should not be part of the formal business rates pool having regard to the prevailing economic climate and budget risks.

Decision Notice D200072CAB

The report of the Director of Finance and Transformation provided Members with an update to the Medium Term Financial Strategy and the Savings and Transformation Strategy.  In addition, the Borough Council’s position regarding business rate pooling for 2021/22 was set out and it was recommended that the Borough Council should not be part of the formal business rates pool due to the prevailing economic climate and budget risks. 

The Director of Finance and Transformation emphasised the challenging financial position faced by the Borough Council and advised that a figure of £1.37M had to be found and delivered within the next four years (by 2024).

In addition, the Cabinet Member for Finance, Innovation and Property advised that this represented a 10% reduction in overall spending and was a significant challenge for the organisation.  However, it was the responsibility of Members to identify areas of savings in collaboration with officers.

RESOLVED:  That

(1)             the latest forecast of the Medium Term Financial Strategy and the funding gap of £875,000 (as set out in paragraph 1.2.10 of the report) be noted;

(2)             the need to deliver the savings/transformation contributions already included in the Medium Term Financial Strategy (as set out in paragraph 1.2.11 of the report) be noted;

(3)             the progress being made towards the ‘Essential Spend Only’ target of £500,000 in relation to 2020/21 and the first ongoing savings target of £100,000 (as set out in the table at paragraph 1.2.16 of the report) be noted;

(4)             the submission made in relation to the Comprehensive Spending Review (Annex 1) in liaison with the Leader and Cabinet Member for Finance, Innovation and Property (as set out in paragraph 1.2.18 of the report) be noted;

(5)             the updated version of the Savings and Transformation Strategy (Annex 2) prepared by the Management Team be endorsed; and

(6)             the view that Tonbridge and Malling Borough Council should not be part of the formal Kent Business Rates Pool in 2021/22 be endorsed and submitted to Government by 23 October 2020.

This report seeks permission to re-consult on the draft Innovation Park Medway Local Development Order (LDO) following amendments made as a result of discussions with Highways England and Natural England. This document sets principles for development which will ultimately allow developers and businesses to bring forward high quality development in the high-value technology, engineering, manufacturing and knowledge-intensive sectors.

Decision Notice D200073CAB

The report of the Chief Executive sought permission to re-consult on the draft Innovation Park Medway Local Development Order (LDO) following amendments made as a result of discussions with Highways England and Natural England. This document sets out principles for development which will ultimately allow developers and businesses to bring forward high quality development in the high-value technology, engineering, manufacturing and knowledge-intensive sectors.

RESOLVED: That

(1)             the content of the report be noted; and

(2)             delegated authority be granted to the Director of Planning, Housing and Environmental Health and the Director of Central Services, in consultation with the Leader and the Cabinet Member for Strategic Planning and Infrastructure to finalise and approve the Environmental Statement prior to public consultation in the interest of satisfying Environmental Impact Assessment requirements, and to approve any necessary minor amendments to the draft LDO prior to the public consultation for the purposes of presentation and clarity.

It was agreed at the Overview and Scrutiny Committee held on 18 June 2020, that a further Final Report “Review of Community Safety and CCTV” should be referred back to the Overview and Scrutiny Committee for further consideration, at its next meeting on 3 December 2020.  It has been some time since this issue was first considered (as the Council focussed on the response to the pandemic), however the chronology and current outcomes are detailed in this report.

Decision Notice D200074CAB

The report provided an update on the progress made since the review of community safety, including the provision of CCTV, was initially considered by the Overview and Scrutiny Committee in 2019.  A decision regarding the future level of CCTV operation had been deferred pending correspondence with the Police and Crime Commissioner and Clarion Housing regarding their level of financial contribution.  The responses received were summarised in paragraphs 1.1.6 – 1.1.9 of the report.

Following a recent discussion with the Deputy Chief Constable, the Leader advised that Kent Police greatly valued the CCTV network/operation across the County.  However, they recognised the difficult financial pressures faced by local authorities and as CCTV was the responsibility of district/borough councils Kent Police would not object to the cessation of live monitoring by Tonbridge and Malling Borough Council.

RESOLVED: That

(1)             the responses received from the Police and Crime Commissioner and Clarion Housing be noted; and

(2)             in light of the response of the Police and Crime Commissioner and Clarion Housing and the ongoing discussions with Kent Police (as set out in the report) this matter be referred back to the Overview and Scrutiny Committee on 3 December 2020 for further consideration.

A report advising on the statutory pre-application public consultation for a Development Consent Order (DCO) to extend the Integrated Waste Management Incinerator at Allington, which is a Nationally Significant Infrastructure Project (NSIP) was considered by the Street Scene and Environment Services Advisory Board on 5 October 2020.

Due to the timescales and print deadline for Cabinet, recommendations arising from the Advisory Board will be circulated to Members prior to the meeting of Cabinet on 14 October 2020.

Decision Notice D200075CAB

Consideration was given to the recommendations from the Street Scene and Environment Services Advisory Board of 5 October 2020 (as set out at Minute Number SSE 20/18)

RESOLVED: That

(1)             the content of the report be noted; and

(2)             the Director of Planning, Housing and Environmental Health, in consultation with the Cabinet Member for Street Scene and Environment Services, issue the response set out at Annex 9 to the report as the Council’s formal position on the public consultation.

A report relating to a Review of Domestic Abuse services was considered by the Overview and Scrutiny Committee on 8 October 2020. 

Due to the timescale and print deadline for Cabinet, recommendations arising from this meeting will be circulated to Members prior to Cabinet on 14 October.

Decision Notice D200076CAB

Consideration was given to the recommendations (OS 20/21) of the Overview and Scrutiny Committee of 8 October 2020.

RESOLVED: That the Safer and Stronger Communities Manager

(1)             work with the domestic abuse organisations operating within Tonbridge and Malling to explore and develop options around the new initiatives proposed within the report (detailed at 1.3); and

(2)             review the financial support offered to the Domestic Abuse Volunteer Support Service and recommend, if appropriate, a level of funding that could be provided by the Borough Council.

-        Decision Number: D200011EM – Granting of Pavement Licences

Details of the Decisions taken in accordance with Emergency Provisions were presented.

The Cabinet recorded appreciation to the Director of Finance and Transformation and Finance Officers for the timely implementation of the Track and Trace Payment Scheme which had been drafted, tested and published over the weekend.  Frustration was also expressed at the short deadlines imposed by Government which created unfair pressure on local authorities.

RESOLVED:  That the report be received and noted.

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.