Agenda, decisions and minutes

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.

To confirm as a correct record the Minutes of the meeting of the Cabinet held on 26 January 2021

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 26 January 2021 be approved as a correct record and signed by the Chairman.

Due to the deadlines for preparing the agenda, the Notes of any meetings held between 26 January and 11 February 2021 will be reviewed by Cabinet at the meeting to be held on 16 March 2021.

The Notes of the meetings of the following Advisory Boards were reviewed by Cabinet on 26 January, 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 10 November 2020

-        Planning and Transportation Advisory Board of 11 November 2020

-        Street Scene and Environment Services Advisory Board of 8 December 2020

-        Finance, Innovation and Property Advisory Board of 6 January 2020

As a result of the deadlines for preparing the agenda, the Notes of any meetings of Advisory Boards held between 26 January and 11 February 2021 would be reviewed by Cabinet at the meeting to be held on 16 March 2021.

RESOLVED:  That the report be received and noted.

Due to the deadlines for preparing the agenda, the Notes of any meetings held between 26 January and 11 February 2021 will be reviewed by Cabinet at the meeting to be held on 16 March 2021.

As a result of the deadlines for preparing the agenda, the Notes of any meetings of Advisory Panels and other groups held between 26 January and 11 February 2021 would be reviewed by Cabinet at the meeting to be held on 16 March 2021.

Further to reports to the meeting of the Finance, Innovation and Property Advisory Board and Overview and Scrutiny Committee earlier in the cycle, this report updates Cabinet on issues relating to the Medium Term Financial Strategy.  It also takes Members through the necessary procedures in order to set the Budget for 2021/22.

Further to the reports to the Finance, Innovation and Property Advisory Board and the Overview and Scrutiny Committee earlier in the cycle, the joint report of the Chief Executive, Director of Finance and Transformation, the Leader and Cabinet Member for Finance, Innovation and Property updated the Cabinet on issues relating to the Medium Term Financial Strategy (MTFS) and gave details of the necessary procedure to be followed in order to set the budget for 2021/22.

In addition, the budget setting process for this year had to incorporate the difficult task of estimating the scale of the impact of the Covid-19 pandemic on the Borough Council’s finances both in the short and medium term.

Members noted that, as at the time of publishing the report the final settlement had not been confirmed, all figures contained in the report were based on the provisional local government finance settlement received in December 2020. The Director of Finance and Transformation advised that it was now confirmed that the final local government finance settlement was the same as the figures previously announced. The Settlement Funding Assessment (SFA) was for one year only (2021/22) and the Fair Funding Review had been deferred for a further year.

It was also noted that the settlement figures included funding in 2021/22 for ‘negative RSG’; New Homes Bonus legacy payments and funding allocation and a one off Lower Tier Services grant allocation.

Attention was drawn to recommendations from Advisory Boards and the decision of the Licensing and Appeals Committee regarding the levels of fees and charges to be implemented from 1 April 2021 (as set out at Annex 2 to the report). 

The report then described the remaining procedure to be followed in setting the budget for 2021/22 and calculating the council tax.  For the purposes of updating the MTFS a council tax increase of £5 in 2021/22 had been assumed and for each year thereafter.

The Cabinet deliberated on the most appropriate guidance to offer the Council as the way forward for updating the MTFS for the next ten year period and setting the council tax for 2021/22.  Members were advised of details of special expenses for the same period.

An updated copy of the Savings and Transformation Strategy was presented, including revised outline targets and timescales to be revisited and aligned with the latest projected ‘funding gap’.  Members were also reminded that the funding gap set out in the report assumed that all the recommendations made by Advisory Boards and Committees, as summarised in paragraph 1.9.22 of the report, were delivered.  If for whatever reason these were found not to be deliverable, the funding gap and therefore the savings and transformation target would increase.

The Cabinet Member for Finance, Innovation and Property referred to the ‘essential spend only’ policy adopted by the Borough Council during the coronavirus pandemic and proposed that this good practice continued into 2021/22 until well into the recovery phase post Covid 19. This continuation would not have specific targets attached; but would be expected  ...  view the full minutes text for item CB 21/19

This report takes Cabinet through the process of setting the level of Council Tax for the financial year 2021/22 and seeks Cabinet’s recommendations.

The joint report of the Chief Executive, Director of Finance and Transformation, Leader of the Council and Cabinet Member for Finance, Innovation and Property set out the requirements under the Local Government Finance Act 1972 for a billing authority to set an amount of council tax for each category of dwelling in its area.  Members were advised of the position concerning the determination of their respective precepts for 2021/22 by the major precepting authorities.

Attention was drawn to the reduced council tax base available as a result of the coronavirus pandemic due to the lower number of houses built in 2020 and increased claims for council tax support.

Consideration was given to a draft resolution identifying the process to be undertaken in arriving at the levels of council tax applicable to each part of the Borough to which any charges under the special expenses scheme would be added. The resolution and further information regarding the precepts of the other authorities would be reported to the full Council on 23 February 2021.

RECOMMENDED:  That the resolution be noted and the Council be recommended to approve a  2.3% or £5.00 per annum increase in the Borough Council’s element of the council tax for 2021/22, representing a notional “average” charge at Band D of £219.50.

*Referred to Council

A report providing the link to view the Draft Tonbridge & Malling Borough Council Local Council Tax Reduction Scheme 2021/22, requesting Cabinet Members to approve and recommend the updated draft Scheme to Full Council.

Consideration was given to the Draft Local Council Tax Reduction Scheme 2021/22  which had been revised to bring it in line with statutory prescribed requirements, housing benefit and other national benefit rates and increased to income bands where uplifts to the Minimum Wage, a component of the income band level calculation, had been taken into account.

RECOMMENDED:  That the draft Local Council Tax Reduction Scheme 2021/22 be commended to the Council for adoption for adoption.

*Referred to Council

The report asks Members to review the Risk Management Strategy and accompanying Risk Management Guidance and to recommend its adoption by Full Council.

The report also provides an update on the risk management process and the Strategic Risk Register.

The report of the Management Team invited Members to review the Risk Management Strategy and accompanying Risk Management Guidance which set out the Borough Council’s risk management objectives and detailed the roles and responsibilities of officers, Members and partners in the identification, evaluation and cost-effective control risks.  The report also provided an update on the risk management process and the Strategic Risk Register.  Members noted that the entry in relation to the local county elections and the Local Plan had been escalated to ‘high risk’.

RECOMMENDED:  That

(1)             the Risk Management Strategy and accompanying Risk Management Guidance be endorsed and adopted by the Council; and

(2)             the updates to the Strategic Risk Register since the last reiteration be noted, with particular emphasis on the escalation to RED (high risk) of the risks set out in paragraph 1.4.6. and duplicated below:

-        Financial position/budget deficit

-        Brexit/EU Transition Impact and Economic uncertainty (severely impacted by the coronavirus pandemic

-        Corporate Strategy and Savings and Transformation Strategy

-        Waste Services

-        Elections

-        Local Plan

*Referred to Council

The report provides details of investments undertaken and return achieved in the first nine months of the current financial year and an introduction to the 2021/22 Treasury Management and Annual Investment Strategy.  Members are invited to recommend adoption of the Strategy to Council.

The report of the Director of Finance and Transformation provided details of investments undertaken and return achieved in the first nine months of the current financial year and an introduction to the 2021/22 Treasury Management and Annual Investment Strategy.    Members were invited to recommend adoption of the Strategy by the Council.

It was noted that the Audit Committee at is meeting of 18 January 2021 had reviewed and endorsed the matters covered by the report.

RECOMMENDED:  That

(1)             the treasury management position as at 31 December 2020 and the reduced level of income incorporated into the 2020/21 revised estimates be noted;

(2)             the Treasury Management and Annual Investment Strategy for 2021/22, set out at Annex 5, be adopted; and

(3)             the practice note, set out at Annex 6, to be applied to the assessment and management of a non-treasury investment be endorsed.

*Referred to Council

Item FIP 21/3 referred from the Finance, Innovation and Property Advisory Board of 6 January 2021.

All budgetary matters will be considered in the substantive item on ‘Setting the Budget’.

All budgetary matters were considered in detail in the substantive item on setting the Budget 2021/22 (Minute Number CB 21/19).  However, the recommendations from the meeting of the Finance, Innovation and Property Advisory Board of 6 January 2021 in relation to the formulation of initial draft proposals in respect of the Budget, including  Revenue Estimates (Minute Number FIP 21/3) was given due consideration as part of the substantive discussion.

Item FIP 21/4 referred from the Finance, Innovation and Property Advisory Board of 6 January 2021.

All budgetary matters will be considered in the substantive item on ‘Setting the Budget’.

All budgetary matters were considered in detail in the substantive item on setting the Budget 2021/22 (Minute Number CB 21/19).  However, the recommendations from the meeting of the Finance, Innovation and Property Advisory Board of 6 January 2021 in relation to the formulation of initial draft proposals in respect of the Budget, including  the Capital Plan (Minute Number FIP 21/4) was given due consideration as part of the substantive discussion.

Item CH 20/26 referred from Communities and Housing Advisory Board of 10 November 2020

Decision Notice D210020CAB

Consideration was given to the recommendations from the meeting of the Communities and Housing Advisory Board of 10 November 2020 (as set out at Minute Number CH 20/26).

RESOLVED: That:

(1)      the following charges be approved with effect from 1 April 2021:

-          £545 for processing a new mandatory HMO licence application;

-          £500 for the processing of a renewal application for a mandatory HMO licence;

-          £395 for processing a new caravan site licence application where the use of the site is for permanent residential use; and

-          £190 for the transfer of a caravan site licence for a permanent residential site use.

Item CH 20/27 referred from Communities and Housing Advisory Board of 10 November 2020.

Decision Notice D210021CAB

Consideration was given to the recommendations from the meeting of the Communities and Housing Advisory Board of 10 November 2020 (as set out at Minute Number CH 20/27).

RESOLVED: That the Overview and Scrutiny Committee undertake a broad strategic review of the charges applied at Tonbridge Cemetery.

Item PE 20/24 referred from Planning and Transportation Advisory Board of 11 November 2020

Decision Notice D210022CAB

Consideration of recommendations from the meeting of the Planning and Transportation Advisory Board of 11 November 2020 (as set out at Minute Number PE 20/24).

RESOLVED:  That

(1)         the updated Pre-application Charging Schedule 2021/22 (attached at Annex 1 to the report) be adopted;  and

(2)         the fee  of £1,200 plus VAT for large scale, strategic development be approved.

Item PE 20/25 referred from Planning and Transportation Advisory Board of 11 November 2020

Decision Notice D210023CAB

Consideration of recommendations from the meeting of the Planning and Transportation Advisory Board of 11 November 2020 (as set out Minute Number PE 20/25).

RESOLVED:  That the updated Planning Performance Agreement Charging Schedule 2021/22 (attached at Annex 1 to the report) be adopted.

Item PE 20/26 referred from Planning and Transportation Advisory Board of 11 November 2020

Decision Notice D210024CAB

Consideration of recommendation from the meeting of the Planning and Transportation Advisory Board of 11 November 2020 (as set out at Minute Number PE 20/26).

RESOLVED:  That a 1% increase to the Building Control Charges from 1 April 20201, as per the list of fees attached at Annex 1 to the report, approved.

Item SSE 20/24 referred from Street Scene and Environment Services Advisory Board of 8 December 2020

Decision Notice D210025CAB

Consideration of recommendations from the meeting of the Street Scene and Environment Services Advisory Board of 8 December 2020 (as set out at Minute Number SSE 202/4).

RESOLVED: That

(1)             the proposed scale of charges for garden waste subscriptions, fixed penalty notices for littering, household bulky refuse and fridge/freezer collections, ‘missed’ refuse collections, stray dog redemption fees, pest control, food certificates, contaminated land monitoring and private waste supplies, as detailed in the report, be approved; and

(2)             the proposed scale of charges to be implemented from 1 April 2021.

Item FIP 21/6 referred from Finance, Innovation and Property Advisory Board of 6 January 2021

Decision Notice D210026CAB

Consideration of recommendations from the meeting of the Finance, Innovation and Property Advisory Board of 6 January 2021 (as set out at Minute Number FIP 21/6).

RESOLVED: That

(1)             in respect of the recovery of legal fees payable by third parties, the Council’s charges remain the same for 2021/22 and continue to reflect existing practices as highlighted in paragraph 1.2 of the report;

(2)             the proposed scale of fees for local land charges searches and enquiries set out at Annex 1 to the report be adopted with effect from 1 April 2021;

(3)             the current photocopying changes of £0.10 (inclusive of VAT) for each page of the same document or additional copies of the same page plus postage as appropriate be retained;

(4)             the fee Schedule for Street Naming and Numbering, set out in section 1.5 of the report, be adopted with effect from 1 April 2021;

(5)             the amount of council tax and business rates court costs recharged remain the same for the 2021/22 financial year, as set out at paragraph 1.6.4 of the report); and

(6)             the fees and charges 2021/22 related to Tonbridge Castle tours, as set out at paragraph 1.7.2), fees for schools, as set out at paragraphs 1.7.6 and 1.7.1, and the fee models for ceremonies, as set out at paragraphs 1.7.8 to 1.7.12 of the report, be approved.

The Decisions taken under Emergency Provisions since the last meeting of Cabinet are attached:

-          D210001EM (Business Support Grants – Tier 4 and Lockdown)

-          D210002EM ((Revised) Additional Restrictions Grant (ARG) Scheme – January 2021 (Lockdown Support)

Details of Decisions taken in accordance with Emergency Provision were presented for information.

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.