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 11 February 2021

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 11 February 2021  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.

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.

-        Street Scene and Environment Services Advisory Board of 9 February 2021

-        Communities and Housing Advisory Board of 16 February 2021

-        Economic Regeneration Advisory Board of 17 February 2021

-        Planning and Transportation Advisory Board of 2 March 2021

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.

The Minutes 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 at the annex to these Minutes.

-        Parish Partnership Panel of 4 February 2021

-        Tonbridge Forum of 1 March 2021

-        Joint Transportation Board of 8 March 2021

RESOLVED:  That the report be received and noted.

This report provides an update on funding for the Leybourne Lakes Country Park new lakeside facility and recommends to Council a budget increase funded entirely from specific developer contributions.

The report of the Director of Street Scene, Leisure and Technical Services provided an update on funding for the Leybourne Lakes Country Park new lakeside facility and recommended a budget increase funded entirely from specific developer contributions.

A detailed review of the build cost plan undertaken in liaison with consultants had resulted in savings being identified.  Although this had reduced the build cost to £774,000 the project was £12,300 over budget.  However, with such a small budget shortfall and further developer contributions identified, there was confidence that the project could be fully externally funded and should proceed to the ‘cost certainty’ stage.

Following discussion it was agreed that the consultancy team would be asked to investigate further design opportunities to address climate change.  It was recognised that this might involve additional costs which if approved would need to be funded separately through external grants and/or the Borough Councils Climate Change earmarked reserve.

RECOMMENDED:  That, in order to ensure the delivery of the project and following assessment of Stage 1 (cost confidence), it be commended to Council that the budget for the project be increased to £774,000 with the excess being funded from specific developer contributions.

*Referred to Council

A report relating to virtual meetings and homeworking was considered by the Overview and Scrutiny Committee on 11 March 2021.

Due to the timescale and print deadlines for Cabinet, recommendations arising from the Committee will be circulated to Members in advance of the meeting.

Consideration was given to the recommendations from the meeting of the Overview and Scrutiny Committee of 11 March 2021 (as set out at Minute Number OS 21/10).

RECOMMENDED:   That

(1)             the amended Protocol, at Annex 2, be approved;

(2)             subject to noting the comments related to the use of Chairman’s ‘discretion’, the amended temporary arrangements for Public Speaking, at Annex 2, be approved;

(3)             the Protocol for Use for Video-conferencing Facilities would continue to apply in the event that the Borough Council was lawfully able to hold remote meetings, whether under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Plan Meetings) (England and Wales) Regulations 2020 or other enabling legislation; and

(4)             support for the continuation of livestreaming of meetings, in whatever format, be noted.

*Referred to Council

Item CH 21/3 referred from Communities and Housing Advisory Board of 16 February 2021.

Decision Notice D210036CAB

Consideration was given to the recommendations from the meeting of the Communities and Housing Advisory Board of 16 February 2021  (as set out at Minute Number CH 21/3.

RESOLVED:  That the proposed charges brought forward by the Tonbridge Allotments and Gardens Association, as detailed, in the report be agreed.

A report relating to changes to on-street parking fees and charges was considered by the Joint Transportation Board on 8 March 2021.

Due to the timescale and print deadlines for Cabinet, recommendations arising from the Board will be circulated to Members in advance of the meeting.

Decision Notice D210037CAB

Consideration was given to the recommendations from the meeting of the Joint Transportation Board of 8 February 2021 (as set out at Minute Number JTB 21/3).

RESOLVED:  That the recommendations of the Joint Transportation Board of 8 March 2021 and the Street Scene and Environment Services Advisory Board of 30 October 2019 be approved as follows:

(1)             in relation to the on-street Pay and Display charges the appropriate Traffic Regulation Order be made to facilitate the variation to charges, as set out at Annex 1;

(2)             in relation to the on-street permit charges, the objections be set aside and the appropriate Traffic Regulation Order be made to facilitate the variation to charges as set out at Annex 1.

This report provides an update as to how the Council and our communities continue to respond and adapt to living with coronavirus.

Decision Notice D210038CAB

The report of the Chief Executive provided an update as to how the Borough Council and its communities continued to respond and adapt to living with coronavirus and recommended that the ongoing actions were endorsed. 

RESOLVED: That the Borough Council’s ongoing actions in respect of the response to Covid-19 be endorsed.

On 10 February 2021, the Ministry of Housing, Communities and Local Government published the paper ‘The Future of the New Homes Bonus: consultation’.  Responses are requested by 7 April 2021, and this report sets out an indicative response to the consultation.

Decision Notice D210039CAB

The report of the Management Team set out an indicative response to ‘The Future of the New Homes Bonus’ consultation recently published by the Government.  The deadline for responses was 7 April 2021.

Concern was expressed that the proposals could have a significant financial impact on the Borough Council and that, dependent on the outcome of the consultation, the funding gap would be more than that currently reflected in the Medium Term Financial Strategy and, in turn put financial sustainability to greater and greater risk.

RESOLVED:  That

(1)         the indicative response to ‘The Future of the New Homes Bonus’ consultation, attached at Annex 1, be approved in principle; and

(2)        delegated authority be given to the Leader and the Cabinet Members for Finance, Innovation and Property and Strategic Planning and Infrastructure, in liaison with the Chairman and Vice-Chairmen of the Overview and Scrutiny Committee, to make any appropriate adjustments to the indicative response should any new information need to be added in advance of the deadline of 7 April 2021.

To consider a request to make a Compulsory Purchase Order in respect of allotment land at Church Lane, East Peckham.

Decision Notice D210040CAB

The report of the Director of Central Services and Deputy Chief Executive advised that East Peckham Parish Council had asked the Borough Council to make a Compulsory Purchase Order (CPO) in respect of allotment land at Church Lane, East Peckham.

The making of a CPO on behalf of the Parish Council in the circumstances set out in the report presented a low risk to the Borough Council provided that an appropriate costs indemnity agreement was in place.

RESOLVED:  That, subject to East Peckham Parish Council entering into a CPO Indemnity Agreement on terms acceptable to the Director of Central Services and the Deputy Chief Executive:

(1)             a Compulsory Purchase Order under s.39 of the Small Holdings and Allotments Act 1908 be made on behalf of the Parish Council in respect of the allotment land at Church Lane, East Peckham;

(2)             any further decisions required for the preparation, drafting, completion, making and submission of the Compulsory Purchase Order to the Secretary of State be delegated to the Director of Central Services and Deputy Chief Executive; and

(3)             in the event that the Order was confirmed by the Secretary of State, authority to service such notices or make such General Vesting Declarations as are required to give effect to the Order and vest the title of the land to the Parish Council be delegated to the Director of Central Services and Deputy Chief Executive.

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.

The Chairman moved, it was seconded and

RESOLVED:  That as public discussion would disclose exempt information, the following matters be considered in private.

(Reasons: LGA 1972 – Sch 12A Paragraph 2 – Information likely to reveal information about an individual)

Decision Notice D210041CAB

The report of the Director of Finance and Transformation sought approval for the writing-off of debts considered to be irrecoverable.

RESOLVED: That the item shown in the schedule of amounts over £5,000 totalling £11,755.30 be written off the reason stated within the schedule, attached at Annex 1.