Agenda, decisions and minutes

Cabinet - Wednesday, 6th June, 2018 7.30 pm

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

CB 18/38

Declarations of interest pdf icon PDF 12 KB

Minutes:

There were no declarations of interest made in accordance with the Code of Conduct.

CB 18/39

Minutes pdf icon PDF 65 KB

To confirm as a correct record the Minutes of the meeting of the Cabinet held on 20 March 2018

Minutes:

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 20 March 2018 be approved as a correct record and signed by the Chairman.

Matters for Recommendation to the Council

CB 18/40

Review of the Constitution pdf icon PDF 94 KB

The report updates Members on a review of the Council’s constitution.

Due to their size Annexes 1 – 6 (the Constitution Parts 1 to 6) will be circulated as hard copy to Members of the Cabinet only and will also be available online as supplements to the agenda.

Additional documents:

Minutes:

The report of the Director of Central Services and Monitoring Officer provided an update on the review of the Council’s Constitution and addressed specific questions raised at the meeting of the Overview and Scrutiny Committee held on 19 April 2018.

 

Particular reference was made to concerns expressed about arrangements for call-in of planning applications by ward Members.  In response, the specific delegation DPHEH 100 had been amended so that the relevant Area Planning Committee Chairman would be a consultee to any determination by the Director of Planning, Housing and Environmental Health as to whether the request for call-in was supported with a reasoned justification on planning grounds.  It was also noted that the time limit for making a request for call-in had been amended to 21 days commencing on the date of notification of the application via List B.  Members welcomed the changes and the opportunity for dialogue with the planning officers prior to any request for call-in although it was noted that the onus was on Members to trigger such dialogue. 

 

At the meeting of the Overview and Scrutiny Committee the Leader had given an undertaking to allow further consideration of the question of removing the 15 minute time limit on debating petitions at Council meetings and for petitions to be debated in the first instance elsewhere than at full Council.  Since the process for receiving and considering petitions was at the discretion of the Council, the draft petition scheme had been amended to allow for petitions with over 1500 signatures to be considered by either Council or Cabinet depending on whether the subject matter was an executive or Council function.  Members endorsed this course of action and agreed that there should be no time limit on the overall debate of petitions, subject to a five minute limit on speeches by individual Members and the two petitioners whether at Council or Cabinet, with specific permission for non-executive Members to speak at Cabinet meetings during the debate on petitions.

 

RECOMMENDED:  That

 

(1)             the overall time limit for debate of petitions be removed, subject to a five minute limit on speeches by individual Members and two petitioners, and specific reference be made to the ability of both executive and non-executive Members to speak at Cabinet meetings when petitions are debated;

 

(2)             the proposed revisions to the Constitution arising from the questions raised by the Overview and Scrutiny Committee, as set out in section 1.6 of the report, be approved;

 

(3)             subject to (1) above, the amended Constitution at Annexes 1 to 6 of the report be adopted; and

 

(4)             authority be delegated to the Director of Central Services and Monitoring Officer to make any further changes to the formatting of the Constitution as he considers appropriate.

*Referred to Council

Decisions taken in accordance with Paragraph 4, Part 3 of the Constitution

CB 18/41

Revenue and Capital Outturn 2017/18 pdf icon PDF 87 KB

In accordance with the Council’s Financial Procedure Rules the report and accompanying information detail actual Revenue and Capital Outturn for the year ended 31 March 2018 and subsequent adjustments made in light of the Outturn position.

Additional documents:

Minutes:

Decision Notice D180042CAB

CB 18/42

Corporate Enforcement Policy pdf icon PDF 53 KB

The Corporate Enforcement Policy seeks to set out the broad principles which the Council will apply across its services when carrying out its regulatory activities.

Additional documents:

Minutes:

Decision Notice D180043CAB

Matters submitted for Information

CB 18/43

Matters Referred from Advisory Boards pdf icon PDF 18 KB

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.

Additional documents:

Minutes:

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.

 

Finance, Innovation and Property Advisory Board of 23 May 2018

Communities and Housing Advisory Board of 29 May 2018

Economic Regeneration Advisory Board of 4 June 2018

 

RESOLVED:  That the report be received and noted.

CB 18/44

Matters Referred from Advisory Panels and Other Groups pdf icon PDF 17 KB

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

Additional documents:

Minutes:

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.

 

Tonbridge Forum of 16 April 2018

 

RESOLVED:  That the report be received and noted.

CB 18/45

Exclusion of Press and Public pdf icon PDF 28 KB

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.

 

Minutes:

The Chairman moved, it was seconded and

 

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

Decisions taken in accordance with Paragraph 4, Part 3 of the Constitution

CB 18/46

Land at Commercial Road, Tonbridge

LGA 1972 Sch 12A Paragraph 3 – Financial or business affairs of any particular person

 

Item FIP 18/26 referred from Finance, Innovation and Property Advisory Board minutes of 23 May 2018

Minutes:

(LGA 1972 Sch 12A Paragraph 3 – Financial or business affairs of any particular person)

 

Decision Notice D180044CAB