Agenda and minutes

There were no substitute Members nominated for this meeting.

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.

Councillor M Davis declared an Other Significant Interest in the agenda item relating to the Local Plan on the grounds of his status as a partner of Warner’s Solicitors. It was noted that he was entitled to remain in the meeting in accordance with the dispensation granted to him under section 33 of the Localism Act 2011 at Minute GP 22/27 (General Purposes Committee of 18 July 2022).

To confirm as a correct record the Notes of the meeting of the Housing and Planning Scrutiny Select Committee held on 6 December 2022.

RESOLVED:  That the notes of the meeting of the Housing and Planning Scrutiny Select Committee held on 6 December 2022 be approved as a correct record and signed by the Chair.

Following submission of the Council’s full response to the ‘Levelling-up and Regeneration Bill: reforms to national planning policy’ consultation as approved by Cabinet on 14 February 2023, this report further considers the proposed changes and their implications for the content, form and timing of the local plan and sets out options for progression of the local plan and design codes for Members to consider.

Following submission of the Council’s full response to the ‘Levelling-up and Regeneration Bill: reforms to national planning policy’ consultation as approved by Cabinet on 14 February 2023, the report of the Director of Planning, Housing and Environmental Health further considered the proposed changes and their implications for the content, form and timing of the local plan and requested Members to consider options for progression of the local plan and design codes and recommend an approach to future timetable and next steps, as set out in paragraph 1.5 and Annex 2.

Members had regard to the implications of the proposed changes, the legal implications and the financial and value for money considerations detailed in the report and sought clarity around the determination of exceptional circumstances in the green belt, the likely implications of updated household projections on housing needs and setting of local targets, the duty to cooperate and the alignment policy and the certainty of the legislation being passed and timelines.  In response, Members were advised that the timetable detailed for Option 1, to proceed under current arrangements, was challenging but achievable and allowed for some flexibility to allow for the anticipated changes to arise from the technical consultations this year, however there were risks in terms of unforeseen delays arising from future changes to the NPPF, outcomes of a further Regulation 18 consultation or other unknown factors.   Members were further advised that if they were minded to support the continuation of the local plan under the current arrangements, any abortive costs in moving to the new arrangements at a later date could be significant.

RECOMMENDED: That

(1)    the implications of the proposed ‘Levelling-up and Regeneration Bill: Reforms to National Planning Policy’, as set out in Annex 1, be noted;

(2)    the Council progresses the local plan under the current arrangements, as outlined as Option 1 in the report; and

(3)    a new Local Development Scheme with more detailed financial implications be brought to a future meeting of the Housing and Planning Scrutiny Select Committee in Summer 2023.

* Referred to Cabinet

A number of Key Performance Indicators (KPIs) are presented to enable the Scrutiny Select Committee to assess and scrutinise performance.

Members received a list of Key Performance Indicators (KPIs) that were relevant to the committee.  A baseline covering April to June 2022 had been used, with the data for October to December 2022 representing the most up-to-date available statistics in most instances, although some statistics covering the period up to the end of January 2023 had been made available by the Planning Department.  The KPIs would be monitored on a quarterly-annual basis and would be made available on an ongoing basis.  

Members were requested to submit any questions regarding the KPIs to the relevant Director at least two days in advance of the meeting in order to ensure that a suitable response could be provided at the meeting.

The Work Programme setting out matters to be scrutinised during 2022/23 is attached for information.  Members can suggest future items by liaising with the Chair of the Committee.  

The Work Programme setting out matters to be scrutinised during 2022/23 was attached for information.  Members were invited to suggest future matters by liaising with the Chair of the Committee. 

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 matters considered in private.