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 25 January 2022

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 25 January 2022 be approved as a correct record and signed by the Chairman.

The Notes of the Finance, Innovation and Property Advisory Board held on 12 January are attached.  The recommendations identified at Minute Number FIP 22/9 in respect of contract arrangements covering banking, merchant acquirer, insurance and cash collections were determined by Cabinet on 25 January and set out on D220012CAB.

Due to the deadlines for preparing the agenda the Notes of meetings held between 25 January and 10 February 2022 will be reviewed by Cabinet at the meeting held on 15 March 2022.

The Notes of the Finance, Innovation and Property Advisory Board held on 12 January 2022 were reviewed by Cabinet.  The recommendations identified at Minute Number FIP 22/9 in respect of contract arrangements covering banking, merchant acquirer, insurance and cash collections were determined by Cabinet on 27 January 2022 and set out on D220012CAB.

As a result of the deadlines for preparing the agenda, the Notes of any meetings of Advisory Boards held between 25 January and 10 February 2022 would be reviewed by Cabinet at the meeting to be held on 15 March 2022.

RESOLVED:  That the report be received and noted.

Due to the deadlines for preparing the agenda the Notes of meetings held between 25 January and 10 February 2022 will be reviewed by Cabinet at the meeting held on 15 March 2022

As a result of the deadlines for preparing the agenda, the Notes of any meetings of Advisory Panels and other groups held between 25 January and 10 February 2022 would be reviewed by Cabinet at the meeting to be held on 15 March 2022.

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 2022/23.

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 2022/23.

In addition, the budget setting process for this year had to incorporate the difficult task of estimating the extent and speed of the recovery of the Council’s income and expenditure impacted by the Covid-19 pandemic, 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 2021.  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.  This included an allocation of £1.9m for New Homes Bonus (NHB) and a one-off Services Grant to cover national insurance increases.  The overall funding decrease on 2021/22 was £401,000 which represented 7.6%.  There was no indication of future core funding, including any replacement (or not) for NHB, beyond 2022/23 and this made financial planning extremely difficult.  The Fair Funding Review had also been deferred to a future date.  Concern was also expressed that the Negative RSG not yet imposed by the Government would be addressed as part of the Fair Funding Review and would again impact significantly on the Borough Council’s financial position.

Members noted that waste, homelessness/temporary accommodation and the Local Plan continued to have significant financial implications for the Borough Council.

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 2022 (as set out at Annex 2 to the report).  Particular reference was made to the recommendations of the Street Scene and Environment Services Advisory Board (SSE 21/31) in respect of car parking fees and charges.  To enable statutory public consultation to be undertaken it was recommended that the implementation date of the proposed fees and charges should be from 1 June 2022 and not 1 April as previously recommended. 

The report then described the remaining procedure to be followed in setting the budget for 2022/23 and calculating the council tax.  For the purposes of updating the MTFS a council tax increase of £5 in 2022/23 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 2022/23. Members were advised of details of special expenses for  ...  view the full minutes text for item CB 22/17

This report takes Cabinet through the process for setting the level of Council Tax for the financial year 2022/23 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 1992 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 2022/23 by the major precepting authorities.

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 Council on 22 February 2022.

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 2022/23, representing a notional ‘average’ charge at Band D of £224.50

*Referred to Council

A report providing the proposed Tonbridge & Malling Borough Council Working Age Local Council Tax Reduction Scheme 2022/23, requesting Cabinet Members to approve and recommend the updated Scheme to Full Council.

Due to its size Annex 1 (the Draft Local Council Tax Reduction Scheme 2022/23) has been published as a supplement to the main agenda.

Consideration was given to the Draft Local Council Tax Reduction Scheme 2022/23 (attached as a supplement to the main agenda) which had been revised to bring it in line with statutory prescribed requirements, housing benefit and other national benefit rates and increases to income bands where uplifts to the Minimum Wage, a component of the income band level calculation, had been taken into account.

The Scheme applied to working age households and maximum help remained capped at 80% of council tax liability.  For pension age households the Government Scheme prescribed maximum help up to 100% of council tax liability, a minimum requirement of a pension age scheme.

RECOMMENDED:  That the draft Local Council Tax Reduction Scheme 2022/23 be commended to the Council for adoption.

*Referred to Council

Item FIP 22/4 referred from Finance, Innovation and Property Advisory Board of 12 January 2022

All budgetary matters will be considered in the substantive item on Setting the Budget 2022/23

All budgetary matters were considered in detail in the substantive item on Setting the Budget 2022/23 (Minute Number CB 22/17).  However, the recommendations from the meeting of the Finance, Innovation and Property Advisory Board of 12 January 2922 in relation to the formulation of initial draft proposals in respect of the Budget, including Revenue Estimates (Minute Number FIP 22/4) were given due consideration as part of the substantive discussion.

Item FIP 22/5 referred from Finance, Innovation and Property Advisory Board of 12 January 2022

All budgetary matters will be considered in the substantive item on Setting the Budget 2022/23

All budgetary matters were considered in detail in the substantive item on Setting the Budget 2022/23 (Minute Number CB 22/17).  However, the recommendations from the meeting of the Finance, Innovation and Property Advisory Board of 12 January 2022 in relation to the formulation of initial draft proposals in respect of the Budget, including the Capital Plan (Minute Number FIP 22/5) was given due consideration as part of the substantive discussion.

Item AU 22/3 referred from Audit Committee of 24 January 2022

Consideration was given to the recommendations of the Audit Committee meeting held on 24 January 2022 (as set out at Minute Number AU 22/3).

RECOMMENDED:  That the Borough Council opt into the appointing persons arrangements made by Public Sector Audit Appointments Limited for the appointment for external auditors for the five consecutive financial years commencing 1 April 2023.

*Referred to Council

Item AU 22/4 referred from Audit Committee of 24 January 2022

Consideration was given to the recommendations of the Audit Committee meeting held on 24 January 2022 (AU 22/4).

RECOMMENDED:  That

(1)         the Auditor’s Annual Report for 2020/21, attached at Annex 1, be approved; and

(2)         the management comments to the improvement recommendations made in paragraphs 1.2.3 to 1.2.9  be noted and endorsed.

*Referred to Council

Item AU 22/5 referred from Audit Committee of 24 January 2022

Consideration was given to the recommendations of the Audit Committee meeting held on 24 January 2022 (AU 22/5).

RECOMMENDED: That

(1)             the Risk Management Strategy and accompanying Risk Management Guidance be commended to the Cabinet for approval by the Council; and

(2)             the updates to the Strategic Risk Register since the last iteration with particular emphasis on those risks categorised as ‘RED’ be noted.

*Referred to Council

Item AU 22/6 referred from Audit Committee of 24 January 2022

Consideration was given to the recommendations of the Audit Committee meeting held on 24 January 2022 (AU 22/6).

RECOMMENDED:  That

(1)             the treasury management position as at 31 December 2021 be noted; and

(2)             the  Treasury Management and Annual Investment Strategy for 2022/23, as set out Annex 5 to the report, be commended to Council for adoption.

*Referred to Council

Item CH 21/33 referred from Communities and Housing Advisory Board of  9 November 2021

(Decision Notice D220014CAB)

Consideration of recommendations (CH 21/33) to the Cabinet from the meeting of the Communities and Housing Advisory Board of 9 November 2021

The Cabinet resolved that:

The following charges be approved with effect from 1 April 2022:

(1)             £570 for processing a new mandatory HMO licencing application;

(2)             £520 for the processing of a new application for a mandatory HMO licence;

(3)             £410 for processing a new caravan site licence application where the use of the site is for permanent residential use;

(4)             £200 for the transfer of a caravan site licence for permanent residential use site; and

(5)             £235 for processing a fit and proper person test application for licence holders of relevant protected sites other than  non-commercial family occupied sites.

Item CH 21/34 referred from Communities and Housing Advisory Board of 9 November 2021.

(Decision Notice D220015CAB)

Consideration of recommendations (CH21/34) to the Cabinet from the meeting of the Communities and Housing Advisory Board of 9 November 2021.

The Cabinet resolved that:

(1)             the approach to pass the increase in material costs directly on to the purchasers to ensure the subsidy currently provided did not increase, be agreed; and

(2)            Option 3, to apply a one-off increase to eliminate the entire subsidy and allow fees and charges to cover the full management and maintenance costs of the Cemetery site, which would need an 89% increase to be applied across all charges based on the 2021/22 Original Estimates, be agreed.

Item PE 21/23 referred from Planning and Transportation Advisory Board of 10 November 2021

(Decision Notice D220016CAB)

Consideration of recommendations (PE 21/23) to the Cabinet from the meeting of the Planning and Transportation Advisory Board of 10 November 2021.

The Cabinet resolved that:

(1)             the updated Pre-application Charging Schedule 2022/23 (attached at Annex 2) be approved.

Item PE 21/24 referred from Planning and Transportation Advisory Board of 10 November 2021

(Decision Notice D220017CAB)

Consideration of recommendations (PE 21/24) to the Cabinet from the meeting of the Planning and Transportation Advisory Board of 10 November 2021.

The Cabinet resolved that:

(1)             the updated Planning Performance Agreement Charging Schedule 2022/23 (attached at Annex 2) be agreed; and

(2)             the amendment and publication of the Planning Performance Agreement Protocol after 11 November 2021, as delegated to the Director of Planning, Housing and Environment Health in consultation with the Cabinet Member for Strategic Planning and Transportation, be endorsed and noted.

Item SSE 21/30 referred from Street Scene and Environment Services Advisory Board of 23 November 2021

(Decision Notice D22018CAB)

Consideration of recommendations (SSE 21/30) to the Cabinet from the meeting of the Street Scene and Environment Services Advisory Board of 23 November 2021.

The Cabinet resolved that:

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

(2)            the proposed scale of charges be implemented from 1 April 2022

Item SSE 21/31 referred from Street Scene and Environment Services Advisory Board of 23 November 2021.

(Decision Notice D220019CAB)

Consideration of recommendations (SSE 21/31) to the Cabinet from the meeting of the Street Scene and Environment Services Advisory Board of 23 November 2021.

To enable statutory public consultation to take place in respect of the proposals it was agreed that the proposed fees and charges should be implemented from 1 June 2022 and not from 1 April 2022 as previously recommended.

The Cabinet resolved that:

(1)             the proposed fees and charges outlined in the report be implemented from 1 June 2022, subject to:

·        the removal of the proposal to extend the Tonbridge car park charging period from 8am-6pm to 8am-8pm, Monday to Saturday (paragraph 1.5.2 refers); and

·        the addition of a quarterly payment regime in respect of Season Tickets, Tonbridge (paragraph 1.6.4 refers)

Item FIP 22/3 referred from Finance, Innovation and Property Advisory Board of 12 January 2022

(Decision Notice D220020CAB)

Consideration of recommendations (FIP 22/3) to the Cabinet from the meeting of the Finance, Innovation and Property Advisory Board of 12 January 2022.

The Cabinet resolved that:

(1)             the legal charges follow the rates set out in 1.2.1 of the report for 2022/23 and continue to reflect the existing practices highlighted in 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 2022;

(3)             the current photocopying charges 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 2022;

(5)             the amount of Council Tax and Business Rate court costs charged in 2021/22 remain the same for the 2022/23 financial year (as set out in 1.7 of the report);

(6)             the fees and charges 2022/23 related to Tonbridge Castle tours (as set out in 1.8.2 of the report), fees for schools (as set out in 1.8.4 and 1.8.7 of the report) and the fee models for ceremonies (as set out in 1.8.8 to 1.8.12 of the report) be approved; and

(7)             a rounded 2% increase to the Building Control Charges, as set out in Annex 1 to the supplementary report, be adopted with effect from 1 April 2022.

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.