Agenda, decisions and minutes

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.

To confirm as a correct record the Minutes of the meeting of the Cabinet held on 7 January 2025

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 7 January 2025 be approved as a correct record and signed by the Chairman.

Further to the meeting of the 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 2025/26.

Members are asked to note that at the time of writing this report, the final settlement has not been received.  All figures contained in the report are based on the provisional settlement. 

Further to the reports to the Overview and Scrutiny Committee earlier in the cycle the joint report of the Chief Executive and Director of Finance and Transformation, the Leader and Cabinet Member for Finance and Housing updated the Cabinet on issues relating to the Medium Term Financial Strategy (MTFS) and gave details of the necessary procedures to be followed in order to set the budget for 2025/26.

Members noted that 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 settlement, which was better than anticipated, but saw an overall funding decrease on 2024/25 funding of £514,000 (8.5%).

The Director of Finance and Transformation advised that the final local government finance settlement figure was now confirmed as detailed in the supplementary report published in advance of the meeting.  The final settlement was more than the provisional settlement by £157,550 due to the inclusion of a grant in relation to the increased cost of Employers’ National Insurance contributions, and it seemed appropriate to transfer the additional funding to the earmarked ‘Transformation Reserve’.. 

As a result of increased NNDR receipts and the better-than-expected settlement the Borough Council had a balanced budget for 2025/26 and had been able to set aside funds in earmarked reserves for key priorities.  In addition, an initial assessment of reserves had facilitated a recommendation to release additional funds for key priorities.  Members noted that it was anticipated that changes to Local Government Funding affecting Grants and Business Rates would reduce grant funding to the Council.  The latest projected funding gap was £2.8m over the medium term.  In addition, commitment of saving £200,000 (release of office accommodation) and £625,000 (cost and client numbers within temporary accommodation).

*RECOMMENDED: That

(1)        the sum of £1.25m held as a general fund (working) balance and a sum of £2.2m from the Budget Stabilisation Reserve, totalling £3.45m, are transferred to the Tonbridge Town Centre reserve, and specifically set aside for the funding of the redevelopment of the Angel Leisure Centre;

(2)        the Revenue Estimates, as presented to the Overview and Scrutiny Committee on 23 January 2025, together with the subsequent adjustments detailed at paragraph 9.5, be endorsed and adopted by Council;

(3)        the Capital Plan be updated, as set out at paragraph 11.10, and adopted by the Council;

(4)        the Capital Strategy as presented to the Overview and Scrutiny Committee on 23 January 2025, be endorsed and adopted by Council;

(5)        the prudential indicators listed in paragraph 12.7, including the liability benchmark indicator and 12.11, be endorsed and adopted by the Council;

(6)        for the financial year 2025/26, the Borough Council’s annual minimum revenue provision be noted as ‘nil; subject to the comment at paragraph 12.8;

(7)        the updated MTFS, set out at Annex 10a be noted and endorsed;

(8)        the updated Savings Transformation Strategy, attached at Annex 10b, including the proposed scale and timing of each of the required savings and transformation contributions set out  ...  view the full minutes text for item CB 25/12

This report takes Cabinet through the process of setting the level of Council Tax for the financial year 2025/26 and seeks Cabinet’s recommendations.

The joint report of the Chief Executive, Director of Finance and Transformation, Leder of the Council and Cabinet Member for Housing and Finance 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 2025/26 by the major precepting authorities.

Consideration was given to a draft resolution (attached at Annex 2) identifying the process to be undertaken in arriving at the levels of council tax applicable to each part of the Borough.  The resolution and further information regarding the precepts of the other authorities would be reported to Council on 18 February 2025.

*RECOMMENDED: That

(1)        the draft resolution, which would be completed and presented to the Council, be noted; and

(2)        the Council be recommended to approve a 3% or £7.14 per annum increase in the Borough Council’s element of the council tax for 2025/26, representing a notional ‘average’ charge at Band D of £245.30.

*Recommended to Council

A report providing the proposed Tonbridge & Malling Borough Council Working Age Local Council Tax Reduction Scheme 2025/26, requesting Cabinet Members to approve and recommend the updated Scheme to Full Council.

Consideration was given to the Draft Local Council Tax Reduction Scheme 2025/26 (attached at Annex 1 to the report) which had been revised to bring it in line with statutory prescribed requirements from Government national benefit rates.  The scheme had also been uplifted in line with new rates of National Living Wage (NLW), where NLW was used as a factor in calculating income discount bands.  

Members noted that for pension age households the separate Government Scheme prescribed maximum help to 100% of council tax liability, a minimum requirement of a pension age scheme.

*RECOMMENDED: That the draft Local Council Tax Reduction Scheme 2025/26 (attached at Annex 1) be commended to Council for adoption.

*Recommended to Council

Recommendations of the Overview and Scrutiny Committee of 23 January 2025.

All budgetary matters will be considered in the substantive item on Setting the Budget 2025/26

All budgetary matters were considered in detail in the substantive item on Setting the Budget 2025/26 (Minute Number CB 25/12).  However, the recommendations from the meeting of the Overview and Scrutiny Committee of 23 January 2025 in relation to the formulation of the initial draft proposals in respect of the Budget, including Revenue Estimates (Minute Number OS 25/5) were given due consideration as part of the substantive discussion.

Recommendations of the Overview and Scrutiny Committee of 23 January 2025.

All budgetary matters will be considered in the substantive item on Setting the Budget 2025/26

All budgetary matters were considered in detail in the substantive item on Setting the Budget 2025/26 (Minute Number CB 25/12).  However, the recommendations from the meeting of the Overview and Scrutiny Committee of 23 January 2025 in relation to the formulation of initial draft proposals in respect of the Budget, including the Capital Plan (Minute Number OS 25/6) was given due consideration as part of the substantive discussion.

Recommendations of the Audit Committee of 13 January 2025.

Consideration was given to recommendation AU 25/4 of the Audit Committee in respect of risk management.

Cabinet had due regard to the views of the Committee, the review undertaken by Zurich Risk Management, the financial and value for money considerations and the legal implications.

*RECOMMENDED: That

(1)        updates to the Strategic Risk Register since the last iteration with particular emphasis on those risks categorised as RED, be noted;

(2)        the progress towards the delivery of recommendations from the Zurich Risk Management Review, be noted; and

(3)        the objective to present an updated Risk Management Strategy to the September 2025 meeting of the Audit Committee, be noted and approved.

*Recommended to Council

Recommendations of the Audit Committee of 13 January 2025.

Consideration was given to recommendation AU 25/5 of the Audit Committee of 13 January 2025 in respect of treasury management.

Due regard was given to the views of the Audit Committee, the details of investments undertaken and return achieved in the first eight months of the current financial year, the financial and value for money considerations and legal implications.

*RECOMMENDED:That

(1)        the treasury management position as at 30 November 2024, be noted; and

(2)        the Treasury Management and Annual Investment Strategy for 2025/26 (attached at Annex 5), be adopted.

*Recommended to Council

Recommendations of the Audit Committee of 13 January 2025.

Consideration was given to the recommendations of the Audit Committee meeting held on 13 January 2025 (AU 25/6).

*RECOMMENDED: That

(1)        the Auditor’s Annual report for 2023/24, attached at Annex 1, be approved;

(2)        the comments made in respect of the key recommendations from the Annual Audit Report for 2022/23, be noted; and

(3)        the management comments raised to the 2023/24 Value for Money recommendations, be noted and endorsed.

*Recommended to Council

Following the recommendations of the Overview and Scrutiny Committee of 23 January 2025, a revised draft Annual Service Delivery Plan for 2025/26, setting out a wide range of activities, milestones and targets to strengthen the links between the Corporate Strategy 2023-2027 is provided in Annex 1.

The recommendations of the Overview and Scrutiny Committee of 23 January 2025 are also attached for information.

(Decision Notice D250010CAB)

The report introduced an Annual Service Delivery Plan to strengthen links between the Corporate Strategy 2023-27 and the activities of the Borough Council and which set out priority actions for the year.  The Plan also provided the opportunity to realign the Key Performance Indicators, strengthened accountability and aligned priorities with budget setting. 

A draft Annual Service Delivery Plan for 2025/26 setting out a wide range of activities, milestones and targets was provided at Annex 1.  The draft Plan had been discussed and welcomed by the Overview and Scrutiny Committee at their meeting on 23 January 2025 and the draft Plan at Annex 1 included a number of amendments to reflect the discussion of the Committee. 

It was recognised that there were still some gaps in information, predominately caused by external factors, and these should be addressed ahead of 2025/26.

RESOLVED:That

(1)        the report be noted;

(2)        the draft Annual Service Delivery Plan (attached at Annex 1), be approved;

(3)        any remaining drafting changes be delegated to the Chief Executive in discussion with the Leader of the Council; and

(4)        the proposed process for reporting updates on the Annual Service Delivery Plan, be approved.

The report provides details in respect of the Ministry for Housing, Communities and Local Government (MHCLG) recently published consultation paper ‘’Local Authority Funding Reform: Objectives and Principles”, which was seeking views on the approach to local authority funding reform through the local government finance settlement from 2026/27. 

The deadline for responses is 12 February 2025 and the Borough Council’s draft response is to follow and will be circulated in advance of the meeting of Cabinet.

(Decision Notice D250011CAB)

Careful consideration was given to the proposed responses to the Ministry for Housing, Communities and Local Government consultation paper ‘Local Authority Funding Reform: Objectives and Principle’ which sought views on the approach to local authority funding reform through the local government finance settlement from 2026/27.  The consultation also covered both Business Rate Retention, the cessation of New Homes Bonus and Sales, Fees and Charges reform.

Cabinet had due regard to the financial and value for money considerations and legal implications and recognised that the Council had not faired favourably on previous assessments of need and following the consultation in 2018, had anticipated a reduction in government funding within its Medium Term Financial Strategy.

RESOLVED: That the draft response to the Local Authority Funding Reform: Objectives and Principles’ consultation, be endorsed and that the response be submitted by the deadline of 12 February 2025.

Recommendations of the Communities and Environment Scrutiny Select Committee of 5 February are to follow and will be circulated in advance of the meeting of Cabinet. 

Annexes 1 and 2 of the report considered by the Scrutiny Select Committee are restricted and private in accordance with LGA 1972, Schedule 12A Paragraph 3 -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

(Decision Notice D250012CAB)

Consideration was given to recommendation CE 25/4 of the Communities and Environment Scrutiny Select Committee of 5 February 2025 in respect of the future delivery of the Councils Waste Service Contract. 

Cabinet had due regard to the views of the Scrutiny Select Committee, the commissioning options report, the partnership agreement with Tunbridge Wells Borough Council, the financial and value for money considerations and legal implications.

RESOLVED: That

(1)        the Borough Council remain in partnership with Tunbridge Wells Borough Council for the delivery of the provision of the household waste and recycling collection and street cleansing service;

(2)        the contracting out model remains the Borough Council’s preferred commissioning model for the delivery of the provision of the household waste and recycling collection and street cleansing services; and

(3)        a further report be presented to the Communities and Environment Scrutiny and Select Committee to allow for the consideration of key service specification issues and the proposed procurement process for the delivery of the provision of the household waste and recycling collection and street cleansing services.

Recommendations of the Communities and Environment Scrutiny Select Committee of 5 February 2025 are to follow and will be circulated in advance of  the meeting of Cabinet.

(Decision Notice D250013CAB)

Consideration was given to recommendation CE 25/7 of the Communities and Environment Scrutiny Select Committee of 5 February 2025. 

RESOLVED: That

(1)        the new Corporate Complaints Policy (attached at Annex 3), be adopted; and

(2)        the new Corporate Complaints Policy be implemented from June 2025.

A record of the decisions taken by portfolio holders since the last meeting of Cabinet are attached.

Details of the Decisions taken in accordance with the rules for the making of decisions by executive members, as set out in Part 4 of the Constitution, were presented for information.

The Notice for the period March to April 2025 will be published as a supplement once available.

The Notice setting out Key Decisions anticipated to be taken during March and April 2025 were 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.