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 3 March 2026

RESOLVED:  That the Minutes of the meeting of the Cabinet held on 3 March 2026 be approved as a correct record and signed by the Chairman.

Consideration of the recommendations of the Communities and Environment Scrutiny Select Committee in respect of the Waste Services Contract.

(Note: In accordance with LGA 1972 - Sch 12A Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) Annex 2 is private)

A comprehensive update was provided on the Borough Council’s procurement process for the South West Kent Waste Services Contract. Members were reminded that the current contract for refuse, recycling and street cleansing was due to expire at the end of March 2027 and was being retendered on a partnership basis with Tunbridge Wells Borough Council.

The joint report of the Director of Street Scene, Leisure and Technical Services and the Head of Finance provided details of the tender process and an assessment of the tenders received.  As previously approved by Members, the tender was for a new contract of 12 years with an option to extend by up to two years subject to mutual agreement of all parties. 

The outcome of the evaluation process, including the quality and price scores of the submissions and the overall tender scores, was attached in a restricted Annex 2 due to the inclusion of exempt information relating to the financial or business affairs of any particular person, including the authority holding that information.

In light of the partnership with Tunbridge Wells Borough Council in the procurement for the future delivery of the waste services across both boroughs, due regard had been given to aligning the decision-making processes as closely as possible by both local authorities, seeking to ensure synchronised Council approvals to enable final appointment of the successful contractor.

Additionally, Members were advised that a further report would be presented for consideration of the potential options for financing of vehicles under the new contract and for other discretionary works, such as the cleansing of high speed roads.

Taking into consideration the final tender scores detailed in the restricted Annex 2, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RECOMMENDED*: That

(1)        Contractor A, identified in the restricted Annex 2 to the report, be awarded the South West Kent Waste Services Contract as detailed in the report; and

(2)        A further report setting out proposals relating to the options for the financing of vehicles deployed on the Contract, costs relating to the cleansing of High Speed Roads, and costs associated with the cleansing of a number of Public Open Spaces, be presented to the next meeting of the Communities and Environment Scrutiny Select Committee for consideration.

*Recommended to Council

Consideration of the recommendations of the Communities and Environment Scrutiny Select Committee in respect of a Public Space Protection Order

(Decision Notice D260039CAB)

Consideration was given to a Public Space Protection Order (PSPO) (attached at Annex 1) and the summary of responses to the consultation which was undertaken between 15 September and 2 November 2025 (attached at Annex 2).  The Police and Crime Commissioner had also responded to the consultation and given provisional support to the proposed order across the Borough.  Additionally, Kent Police had been consulted and supported the restrictions as proposed in the PSPO.

Due regard was given to the financial and value for money considerations, the assessment of risk and the legal implications detailed in the report.

On the grounds that a PSPO in place would help reduce anti-social behaviour, therefore making the borough a safer place for residents, Cllr Keers proposed, Cllr Mehmet seconded and Cabinet

RESOLVED: That the proposed Public Space Protection Order, as presented at Annex 1, be approved.

Consideration of the recommendations of the Communities and Environment Scrutiny Select Committee in respect of Roadside Nature Reserves.

(Decision Notice D260040CAB)

Consideration was given to the recommendations of the Communities and Environment Scrutiny Select Committee in respect of a review of the Borough Council’s Roadside Nature Reserves (RNRs) following ecological monitoring undertaken by the Medway Valley Countryside Partnership between April and September 2025.

The full report of the Medway Valley Countryside Partnership was attached at Annex 1 and the current RNRs were listed on pages 2 and 3 of the report.  The report brought forward proposed future, prioritised, management and survey recommendations.  These recommendations were summarised on pages 58 and 59 of Annex 1.  Following consideration of these recommendations, officers had brought forward proposals to expand existing RNRs (attached at Annex 2) and for new sites (attached at Annex 3). 

Due regard was given to the views of the Scrutiny Select Committee, and the financial and value for money considerations.  On the grounds that RNRs could provide significant ecological and community value by acting as vital corridors that connect fragmented landscapes, helping species move and survive, supporting diverse wildlife and protecting rare and threatened habitats, Cllr Mehmet proposed, Cllr Keers seconded and Cabinet

RESOLVED:That

(1)        priority 1 and 2 recommendations within the Medway Valley Countryside Partnership report, attached at Annex 1, be progressed;

(2)        existing Roadside Nature Reserves, shown in Annex 2, be expanded, subject to the exclusion of River Lawn in Tonbridge from the Roadside Nature Reserves programme; and

(3)        new Roadside Nature Reserves, as shown in Annex 3, be created.

Consideration of the recommendations of the Housing and Planning Scrutiny Select Committee in respect of a draft Homelessness Prevention and Rough Sleeping Strategy and action plan

(Decision Notice D260041CAB)

Consideration was given to the recommendations of the Housing and Planning Scrutiny Select Committee in respect of a stakeholder consultation of the draft Homelessness Prevention and Rough Sleeping Strategy 2026-2031 and Action Plan in April/May 2026.  Following consultation, the final draft strategy would be presented to Cabinet in summer 2026 and subsequently implemented.

Due regard was given to the views of the Scrutiny Select Committee, the financial and value for money considerations, the assessment of risk and the legal implications. 

On the grounds that the prevention of homelessness and ending rough sleeping was a key priority for the Borough Council, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RESOLVED: That the draft Homelessness Prevention and Rough Sleeping Strategy 2026-2031 (attached at Annex 1), be approved for consultation.

Consideration of the recommendations of the Housing and Planning Scrutiny Select Committee in respect of the Local Plan Regulation 18 (stage) consultation; the Local Plan transport work and the associated financial impacts.

(Decision Notice D260042CAB)

Consideration was given to the recommendations of the Housing and Planning Scrutiny Select Committee in respect of an update on the Tonbridge and Malling Borough Council Local Plan Regulation 18 (stage 2) consultation that took place between 10 November 2025 and 2 January 2026 and on the Local Plan transport work and the financial implications of this work.

Due regard was given to the views of the Scrutiny Select Committee, the financial and value for money considerations, the legal implications and the detailed risk assessment at Annex 3 of the report.

In recognition that the Local Plan, once adopted, would be the key planning document for Tonbridge and Malling, Cllr Boughton proposed, Cllr Mehmet seconded and Cabinet

RESOLVED: That

(1)        the responses received to the Regulation 18 Local Plan consultation, be noted, and their publication to the Council’s website, be endorsed;

(2)        the publication of the Regulation 18 Local Plan consultation question response summaries and associated officer responses on the Council’s website, be endorsed;

(3)        the Regulation 18 Local Plan consultation responses would be fully considered in the preparation of the Tonbridge and Malling Borough Council Regulation 19 Local Plan; and

(4)        the update provided in relation to progress on Transport evidence for the Local Plan and the potential cost implications of the work proposed, be noted.

Consideration of the recommendations of the Housing and Planning Scrutiny Select Committee in respect of proposed changes to the Planning Enforcement Plan and associated activities and options for a pro-active approach.

(Decision Notice D260043CAB)

Consideration was given to the recommendations of the Housing and Planning Scrutiny Select Committee in respect of a number of proposed changes to the Planning Enforcement Plan and options for a pro-active approach. 

Due regard was given to the views of the Scrutiny Select Committee, the financial and value for money considerations, the assessment of risk and the legal implications. 

In recognition that having an effective Planning Enforcement Plan in place ensured that there was a framework of prioritisation and decision making that reduced the risk of legal challenge, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RESOLVED:That

(1)        the proposed changes to the Planning Enforcement Plan and the associated activity and timescales, set out in section 5 of the report, be agreed; and

(2)        the pro-active approach, proposed letter templates and direct action against s215 notices being issued and resourcing options, set out in section 7 of the report, be agreed.

The minutes for meetings of Advisory Panels, Boards and Other Groups are attached:

·       Joint Transportation Board of 2 March 2026 – To Follow

Any recommendations arising from these minutes are set out as individual items on this agenda.

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:

·       Joint Transportation Board of 2 March 2026

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 setting out the Key Decisions anticipated to be considered during the period April to June 2026 is attached.

A Notice informing of Key Decisions taken under General Exception Rule 15 is also attached.

The Notice setting out the Key Decisions anticipated to be taken during the period April to June 2026 was noted.

A further Notice explained that, in accordance with Rule 15 of the Access to Information Rules (Part 4 of the Constitution), the Chair of Overview and Scrutiny Committee had been informed that a decision would be taken as a general exception due to the need to implement as soon as possible.

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.

(Reason: Part 2 - Private: LGA 1972 - Sch 12A Paragraph 3 - Financial or business affairs of any particular person)

The report sets out the tenders received for the installation of air source heat pumps at Poult Wood Golf Course.

Due to tight timescales following receipt of the tender submissions, a supplementary report will be circulated in advance of the meeting detailing the outcome of the tender evaluation.

(Decision Notice D260044CB)

(Part 2 – Private: LGA 1972 – Sch 12A Paragraph 3 – Financial or business affairs of any particular person)

The report of the Director of Street Scene, Leisure and Technical Services set out the tenders received for the installation of air source heat pumps at Poult Wood Golf Course.  A supplementary report provided an update on the outcome of the tender assessment.  The current procurement exercise was abandoned as no tender submission was deemed suitable for award.  As a result, the issue was no longer classified as a key decision. 

RESOLVED: That the contents of the report, be noted. 

(Reason: Part 2 - Private: LGA 1972 - Sch 12A Paragraph 3 - Financial or business affairs of any particular person)

This report details the notes from the Tonbridge Town Centre Programme Board (TTCPB) meeting on 6 March 2026 as shown at Appendix 1, with the accompanying report relating to the replacement Angel Centre – TTCPB 6 March 2026 at Appendix 2 and supporting Annexes 1-7.

(Decision Notice D260045CAB)

(Part 2 – Private: LGA 1972 – Sch 12A Paragraph 3 – Financial or business affairs of any particular person)

The report of the Director of Central Services detailed the notes from the Tonbridge Town Centre Programme Board (TTCPB) meeting on 6 March 2026 as shown at Appendix 1, with the accompanying report relating to the replacement Angel Centre – TTCPB 6 March 2026 at Appendix 2 and supporting Annexes 1-7.

Due regard was given to the financial and value for money considerations covered within the notes of the Programme Board meetings.

RESOLVED:That the notes from the Tonbridge Town Centre Programme Board meeting on 6 March 2026 at Appendix 1, with the accompanying Angel Centre Report – TTCPB 6 March 2026 at Appendix 2 and supporting Annexes 1-7, be noted.