Agenda and minutes

Notification of substitute Members were recorded as set out below:

·        Cllr S Hudson substitute for Cllr S Hammond

In accordance with Council Procedure Rules 17.5 to 17.9 these Councillors had the same rights as the ordinary member of the committee for whom they were substituting.

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 Notes of the meeting of the Housing and Planning Scrutiny Select Committee held on 12 February 2025

RESOLVED:  That the notes of the meeting of the Housing and Planning Scrutiny Select Committee held on 12 February 2025 be approved as a correct record and signed by the Chair.

This report provides an overview of the Planning and Building Control Services; details who is responsible in providing the Planning and Building Control Functions and explores who is responsible for drainage.

The report of the Director of Planning, Housing and Environmental Health and the Cabinet Member for Planning provided an overview of the Planning and Building Control Services; detailed who was responsible for providing the planning and building control functions and explored who was responsible for drainage matters.

In summary,  planning was about what wanted to be built and where, whilst building control was about how it was built to ensure it met safety and quality standards.

Detailed information in respect of drainage matters was set out in section 4.16 – 4.30 of the report.   Members were advised that the condition, capacity and suitability of the public sewer network was the responsibility of the sewerage undertaker and not the Local Planning or Building Control Authorities; and that a Section 106 under the planning regime differed from a Section 106 under the Water Industry Act.  

Under Section 94 of the Water Industry Act 1991 all water and sewerage companies had a legal obligation to provide, improve, extend and make provision for effectually dealing, by means of sewage disposal works or otherwise, with the contents of the public sewerage system.   This, together with Section 106 (1) of the Act meant that the Water and Sewerage Companies could not object to planning permission for development on the grounds that no improvement works were planned for a particular area.  This also meant that the Borough Council could not refuse to grant planning permission for development on the grounds that no improvement works were planned for a particular area.

At the request of the Chair, information on sustainable drainage systems (SuDs) and surface water was set out in a supplementary report and circulated in advance of the meeting.

There was in-depth discussion on a number of issues including concerns about the impact of new development on the water and sewerage systems, concerns about conservation and protection of older and listed buildings, concerns around insufficient capacity and the disposal of surface water.  Members were reminded that the Local Planning Authority/Borough Council could use powers under the Listed Building and Conservation Act 1990 or Compulsory Purchase Orders when considered appropriate or necessary.

Finally, Members were provided with an update on the ongoing recruitment process within planning enforcement and it was hoped that a number of vacancies would be filled in the near future. 

The report provides an update on Kent Vehicle Parking Standards that have been adopted by Kent County Council. 

The report of the Director of Planning, Housing and Environmental Health and the Cabinet Member for Planning advised that the previous Kent County Council (KCC) Vehicle Parking Standards adopted by Tonbridge and Malling Borough Council for decision making purposes had been replaced. 

These new standards were to be used as guidance and in recommendations on planning application consultation responses by KCC as local highway authority.  The new policy documents had been developed based on surveys, data, best practice and Government policy changes and provided a clear approach as to how KCC expected parking matters to be addressed by those applying for planning permission.

It was noted that the new Vehicle Parking Standards replaced the Kent and Medway Structure Plan: Supplementary Planning Guidance 4 (2006) in respect of non-residential developments and the Kent Design Guide: Interim Guidance Note 3(IGN3) (2008) in respect of residential developments. 

Members welcomed the adoption of the new parking standards and felt these were a significant improvement on IGN3.   In addition, Members were pleased to see that the parking provision for 1, 2 and 3 bed houses had increased to 2 spaces per unit and in suburban and rural locations garages would not count as formal car parking spaces.  Car ports and car barns would count towards the parking requirement in full where they were of a good design and met the minimum standard.

If the new KCC Vehicle Parking Standards proved unsuitable, and as previously recommended to Cabinet in December 2022, the Council could either include a high-level parking standards policy within the emerging Local Plan or include the design and layout of parking (including standards) within a comprehensive design guide/code modelled on the National Model Design Code,  which could also cover other matters on place making/shaping. This work could be progressed once a Local Plan was adopted.

The Work Programme setting out matters to be scrutinised at the next meeting 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 at the next meeting was attached for information.  Members were invited to suggest future matters for the 2025/26 Programme and the following were identified:

(1)             Review of Planning Service capacity and pressures

The Planning Advisory Service (PAS) were undertaking a review of planning services in the summer, in accordance with the commitment set out in the Annual Service Delivery Plan 2025/26.  Once this had been completed a detailed report would be presented to the Housing and Planning Scrutiny Select Committee later in the year.  In the meantime, Officers committed to providing a factual update of the current staffing position in a briefing note that would be circulated to All Members.

(2)             Conservation

As a result of Tunbridge Wells Borough Council no longer having the capacity to support Tonbridge and Malling Borough Council on conservation matters, options were being explored with Sevenoaks District Council.  As an interim measure, it had been agreed that Sevenoaks would provide 7 hours of conservation advice per week on a cost recovery basis. 

Members expressed concern at the lack of a dedicated conservation position within Tonbridge and Malling and asked that all options be considered when reviewing future arrangements and as a result of the Planning Advisory Service review.    A detailed report would be presented to the Housing and Planning Scrutiny Select Committee later in the year once the options had been identified.

The Cabinet Member for Planning referred to Conversation Area Appraisals and indicated that these would be listed, triaged for action and presented to Cllrs in due course.

(3)             Enforcement Matters – Habitat and Tree Protection

Finally, the Chair sought clarification on the requested ‘enforcement matters in respect of habitat and tree protection’ shown on the Work Programme.  Details of the request would be shared out of meeting with relevant Officers, Chair and Vice-Chair as soon as possible to enable a report to be prepared for the next meeting.

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.