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 ordinary and extraordinary meetings of the Cabinet held on 4 March and 19 March 2025 respectively.

RESOLVED:  That the Minutes of the ordinary and extraordinary meetings of the Cabinet held on 4 March 2025 and 19 March 2025 respectively be approved as a correct record and signed by the Chairman.

The Council has received a petition asking for parking restrictions to be lifted for traders to attend the West Malling Farmers Market.

The petition organisers have been invited to address the Cabinet.  Two speakers will have 5 minutes each.

A copy of the petition is available as a background paper but has not been included to avoid disclosing personal information of signatories.

(Decision Notice: D250030CAB)

Consideration was given to a petition received from Councillors T Dean, R Roud and M Tatton as joint sponsors asking that the four-hour parking restriction at Ryarsh Lane Car Park be lifted for traders at the West Malling Farmers Market so that a Farmers Market could continue to be provided on the fourth Sunday of each month in West Malling.

The petition organisers addressed the Cabinet in accordance with the Borough Council’s Petition Scheme, as set out in the Constitution, and expressed concerns in respect of the impact that a four-hour parking limit had on the viability of the operation of the West Malling Farmers Market for market operators and stall holders.  It was clarified by the petitioners that they were seeking lifting of the four-hour maximum parking time restriction only rather than a waiver of parking charges, to allow market traders sufficient time of parking at the Ryarsh Lane Car Park to complete all the necessary tasks associated with the operation of the four-hour market.

Due regard was given to the views of the petition organisers and legal implications detailed in the report of the Director of Street Scene, Leisure and Technical Services.

Recognising the importance of the West Malling Farmers Market not only to the market traders and local residents but also to the development and vibrance of the area, the petition was supported by the Cabinet Member for Transformation and Infrastructure, who in addition suggested that consideration be given to allowing parents and/or carers of children in West Malling Church of England Primary School to park at the Ryarsh Lane Car Park for up to 15 minutes during school collection time, to be included within the same Notice of Variation that was to be issued to amend the parking time restriction in support of the petition regarding the West Malling Farmers Market.

The timing for this Notice of Variation would be dependent on the existing pipeline of parking review work but the Cabinet Member for Transformation and Infrastructure (Cllr M Coffin) endeavoured to progress this as soon as possible.

Cllr M Coffin proposed, seconded by Cllr M Boughton and Cabinet

RESOLVED:  That

(1)          the Petition seeking lifting of a four-hour parking restriction at Ryarsh Lane Car Park for traders at West Malling Farmers Market, as set out in Annex 1, be received and noted;

(2)          a provision be made to enable parents and/or carers of children in West Malling Church of England Primary School to park at the Ryarsh Lane Car Park for up to 15 minutes during school collection time; and

(3)          an Amendment to the Off Street Parking Order be made to alter the charging period of Ryarsh Lane Car Park in West Malling, to reflect the changes agreed per above (1) and (2), by way of the issuing of a Notice of Variation with its display in the car park affected and in the local press for a period of not less than 21 days prior to the changes coming  ...  view the full minutes text for item CB 25/45

This covering report and annexes provide data on Key Performance Indicators (KPIs) that are aligned to the Corporate Strategy 2023-2027 and monitored on a quarterly or annual basis.  These KPIs cover Quarter 3 of 2024/25 which covers October to December 2024.

(Decision Notice: D250031CAB)

Consideration was given to a set of Key Performance Indicators covering Quarter 3 of 2024/25 (October to December 2024), attached at Annex 1, which were aligned to the Corporate Strategy 2023 – 2027 and monitored on a quarterly or annual basis.

Quarterly trends in respect of both positive direction of travel and areas of focus were identified and highlighted in paragraph 4.2 of the report, with particular reference made to the drop in reported Anti-Social Behaviour (ASB) cases thanks to the engagement of the Council’s ASB Enforcement Team, drop in the 5 Year Housing Land Supply due to the higher housing need set out in the revised National Planning Policy Framework, ongoing challenge in addressing the Housing Register backlog given the higher than normal number of applications received in the last few months and the slight reduction in the recycling and composting rate although it was noted that a comprehensive programme of recycling promotion was scheduled for the next year to maximise performance.

Furthermore, it was noted that a long view for the Corporate Key Performance Indicators for the last six quarters was attached at Annex 2.

Cabinet had due regard to the risk assessment and consultation, communication and implementation considerations and noted that given the overlap between introduction of the new Annual Service Delivery Plan 2025/26 and the scheduled reporting of Q4 2024/25 Key Performance Indicators, there was advantage of circulating an end-of-year report via email and publishing on the Council website instead of reporting through the formal decision-making channels.

RESOLVED:  That

(1)          the report and the Key Performance Indicators for Q3 2024/25, set out in Annexes 1 and 2, be noted; and

(2)          the arrangements for reporting Q4 2024/25 Key Performance Indicators, as set out in paragraph 4.4 of the report, be approved.

To seek approval of schemes submitted for funding through the 50th Anniversary Community Grant Scheme.

(Decision Notice: D250032CAB)

Consideration was given to proposals for the allocation of the 50^th Anniversary Community Grant Scheme as detailed in Annex 2 of the report.

The proposed grant allocations focused on projects best meeting the priorities for the Scheme, as set out in paragraph 2.2 of the report, and were assessed against a set of scoring criteria and guidelines as outlined in Annex 1 of the report.  While the scheme was welcomed by the community, the difficulty in agreeing a proposal for the allocations was acknowledged due to significant over-subscription.  However, it was noted that another round of community grant scheme would be available later in the year to hopefully provide support to more community and voluntary groups within the borough.

Cabinet had due regard to the risk assessment, the financial and value for money considerations and the consultation and communication implications.

Cllr M Boughton proposed, seconded by Cllr D Keers and Cabinet

RESOLVED:  That the grant allocations for the Tonbridge and Malling Borough Council 50^th Anniversary Community Grant Scheme, as set out in Annex 2 of the report, be endorsed.

To review and update policies regarding the administration of council tax and business rate discounts/reliefs and the recovery of unpaid debts.

(Decision Notice: D250033CAB)

Consideration was given to proposals to update the Borough Council’s policies regarding the administration of council tax and business rate discounts/reliefs and the recovery of unpaid debts.

First of all, the Empty Homes and Second Homes Premium Policy was updated to reflect the exceptions to the premium charges as introduced by the Council Tax (Prescribed Classes of Dwellings and Consequential Amendments) (England) Regulations 2024.

Secondly, in accordance with the 2024 Autumn Statement announced by the Government, the Discretionary Non-Domestic Rate Relief Policy was updated to reflect the changes in respect of Retail, Hospitality & Leisure Relief, and also the changes in respect of private schools which from April 2025 were no longer entitled to charitable relief.

Finally, a review of the existing Corporate Debt Recovery Policy had been undertaken as recommended by the Finance, Regeneration and Property Scrutiny Select Committee and identified no amendments required.

Cllr M Boughton proposed, seconded by Cllr K Tanner and Cabinet

RESOLVED:  That

(1)          the Empty Homes and Second Homes Premium Policy for the 2025/26 financial year be amended as set out in Annex 1, with effect from 1 April 2025;

(2)          the Discretionary Non-Domestic Rate Relief Policy for the 2025/26 financial year be amended as set out in Annex 2, with effect from 1 April 2025; and

(3)          it be noted that the Corporate Debt Recovery Policy had been reviewed with no amendment required.

Consideration of recommendations of the Communities and Environment Scrutiny Select Committee in respect of the Waste, Recycling and Street Cleansing Contract.

(Decision Notice: D250034CAB)

Consideration was given to the recommendations of the Communities and Environment Scrutiny Select Committee of 5 March 2025 in respect of a set of detailed specifications in relation to the procurement of the Borough Council’s Waste Services Contract in partnership with Tunbridge Wells Borough Council.

Cabinet had due regard to the view of the Scrutiny Select Committee, the financial and value for money considerations, risk assessment and legal implications.

Cllr M Coffin proposed, seconded by Cllr M Boughton and Cabinet

RESOLVED:  That

(1)          the Competitive Flexible Procedure procurement route and timeline as outlined in Section 5.1 of the report submitted to the Communities and Environment Scrutiny Select Committee of 5 March 2025, be agreed;

(2)          the proposed contract length of 12 years, as outlined in Section 5.2.1 of the aforementioned report, be agreed;

(3)          joint delegated authority be given to the Cabinet Member for Transformation and Infrastructure and the Director of Street Scene, Leisure and Technical Services to agree contract variations following dialogue and negotiation ahead of the contractors’ final bids, as outlined in Section 5.1.5 of the aforementioned report;

(4)          the proposed Specification amendment, highlighted in Section 5.3 of the aforementioned report, be agreed and reflected in the tender pack;

(5)          the proposed areas of dialogue, as highlighted in Section 5.4 of the aforementioned report, be agreed;

(6)          the proposed contract options, as highlighted in Section 5.5 of the aforementioned report, be agreed;

(7)          the approach to vehicle finance options, as highlighted in Section 5.6 of the aforementioned report, be determined by the Partner Authorities’ Finance lead officers and be reported to the appropriate Committee and Cabinet;

(8)          the proposed method of contract indexation, as highlighted in Section 5.7 of the aforementioned report, be agreed;

(9)          the proposed tender evaluation be progressed in accordance with Section 5.8 of the aforementioned report; and

(10)       the proposed approach to decarbonisation, as highlighted in Section 12.7 of the aforementioned report, be agreed.

Following consideration by the Communities and Environment Scrutiny Select Committee an updated Green and Blue Infrastructure Strategy (attached at Annex 1) is presented for approval.

The recommendations of the Scrutiny Select Committee are attached for information.

Due to its size the Strategy is attached as a supplement.

(Decision Notice: D250035CAB)

Consideration was given to the recommendations of the Communities and Environment Scrutiny Select Committee of 5 March 2025 in respect of an updated Green and Blue Infrastructure Strategy.

Following consideration by the Scrutiny Select Committee, the draft Strategy had been updated to take into account a number of suggestions made by Members and an updated Green and Blue Infrastructure Strategy was attached at Annex 1.

Cabinet had due regard to the views of the Scrutiny Select Committee, the risk assessment, the financial and value for money implications and the implementation considerations.

Cllr R Betts proposed, seconded by Cllr M Taylor and Cabinet

RESOLVED:  That the updated Green and Blue Infrastructure Strategy, as set out in Annex 1, be endorsed for publication.

This report:

·       brings forward a List C Capital Plan Evaluation for the replacement of the Angel Leisure Centre in Tonbridge;

·       seeks approval for the site selected for the new facility and the appointment of an external leisure development partner;

·       recommends to Full Council that the scheme is included in Capital Plan List A.

In accordance with LGA 1972 Schedule 12A Paragraph 3 – Financial or business affairs of any particular person including the authority holding that information, Annexes 1, 3 and 4 are Private and restricted.

Due to their size Annexes 3 and 4 are published as a restricted supplement.

(Decision Notice: D250036CAB)

Consideration was given to proposals in respect of replacement of the Angel Leisure Centre in Tonbridge with a new state-of-the-art leisure and community facility located in the town centre area.

When considering the recommendation from the Tonbridge Town Centre Programme Board on the selected location for the replacement leisure centre, Members recognised that the expertise of the Council’s Leisure development partner and Masterplanning consultants and the views of Members to ensure the selected site fits into the broader objectives of the town centre masterplanning exercise had been taken into consideration.

Members further noted that the final design of the replacement leisure and community facility would be developed over the next 12 months and would be reported to the Tonbridge Town Centre Programme Board in due course, subject to public consultation and planning approval.

While noting from the capital plan evaluation attached at Annex 2 that the overall project cost to build a replacement leisure centre was estimated to be significant and would represent the largest investment in a project by the Borough Council, Members also acknowledged that there would be option for the Borough Council to discontinue with the project after each of the Royal Institute of British Architects (RIBA) Stages should such a need arise within the context of the Local Government Reorganisation programme and the approval being sought at this stage was for financial commitment to meet the cost for RIBA Stage 2 only.

Concern was raised by the Cabinet Member for Finance and Housing on the estimated cost for the project as identified by the feasibility study undertaken during RIBA Stage 1 and it was recognised that in order to fund the project, external borrowing would have to be considered alongside utilising reserves as part of the funding options, although efforts was being made and would continue to be made within the Borough Council to minimise the need for external borrowing and maximise the value for money to arise from the project.  In addition, Members were advised that negotiation with the Tonbridge and Malling Leisure Trust, being the agreed operator of the new leisure centre, was underway in respect of a capital contribution and revised service fees in favour of the Borough Council as part of the wider discussion with regard to a potential contract extension, in anticipation of an uplift in projected net revenue based on forecasted increase in latent demand.

Cabinet had due regard to the financial and value for money considerations, risk assessment and legal implications and reinforced the necessity for additional and tight control to be put in place to enable Cabinet to monitor the entire process of the project to ensure best value for money was achieved with prudent spend of taxpayers’ money.

Cllr M Boughton proposed, seconded by Cllr M Coffin and Cabinet

RESOLVED:  That

(1)          the Sovereign Way Mid Car Park be selected as the site location for the new Leisure Centre;

(2)          the timeline for the project as shown in Annex 5, be noted, subject  ...  view the full minutes text for item CB 25/51

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

·        Notes of Parish Partnership Panel of 6 February 2025

·        Notes of Tonbridge Community Forum of 24 February 2025

·        Notes of Joint Transportation Board of 3 March 2025 – 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.

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.

A draft Notice setting out the key decisions anticipated to be taken during May to June 2025 is attached.

The Notice setting out the Key Decisions anticipated to be taken during May and June 2025 was 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.