Agenda, decisions and minutes

To be appointed at Annual Council.

Notification of substitute Members were recorded as set out below:

·        Cllr Hoskins substituted for Cllr Roud

·        Cllr Williams substituted for Cllr Tanner.

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 17 March 2026.

RESOLVED:  That the notes of the meeting of the Housing and Planning Scrutiny Select Committee held on 17 March 2026 be approved as a correct record and signed by the Chair.

Representative(s) from the Home Improvement Agency (Town & Country Housing Association) to provide a presentation on their work, including core support for the Borough Council’s grant services as well as wider services, such as handyperson, hospital discharge and hoarding schemes.

Members received a presentation on the work of the Home Improvement Agency (Town and Country Housing Association), including core support for the Borough Council’s grant services as well as wider services, such as handyperson, hospital discharge and hoarding schemes.

Through a co-ordinated model spanning major adaptations, discharge support, practical home safety interventions, and clutter or hoarding casework, the service supported both resident wellbeing and wide system efficiency.  The evidence presented combined meaningful activity levels, relatively low-cost interventions, strong user feedback, and complex case studies that showed clear impact across housing, health, safeguarding, and social care. 

The overall message was that this was not simply a repairs or grants function, but a strategically important cross-sector service whose value laid in independence, prevention, and effective multi-agency coordination. 

This report provides Members with an overview of Article 4 Directions and considers whether there is sufficient evidence to justify the introduction of an Article 4 Direction to withdraw permitted development rights for small Houses in Multiple Occupation (HMOs) within Tonbridge & Malling.

(Decision Number D260056MEM)

The report of the Director of Planning, Housing and Regulatory Services provided Members with an overview of Article 4 Directions and considered whether there was sufficient evidence to justify the introduction of an Article 4 Direction to withdraw permitted development rights for small Houses in Multiple Occupation (HMOs) within Tonbridge and Malling.  The report reviewed national policy, guidance and evidence used by other authorities, and compared this with the local position in Tonbridge and Malling.

Members noted that Article 4 Directions should only be introduced where supported by robust evidence of clearly identified harm and that, at present, the evidence base within the Borough was limited. It was also noted that the Council’s Strategic Housing Market Assessment did not support the introduction of an Article 4 Direction at this stage.

Members attention was brought to the risk of introducing an Article 4 Direction without sufficient evidence, which could be subject to challenge or to the Secretary modifying or cancelling the Direction.  Therefore, the Committee recognised that further evidence gathering would be required if the Council wished to pursue this matter and noted that this work would likely require external consultant support, with an estimated cost of £25,000.

On the grounds of mitigating any risk in terms of challenge, Cllr King proposed, Cllr Davis seconded and it was 

*RECOMMENDED: That, subject to approval by Council of funding via a supplementary budget estimate,

(1)         further work be undertaken to formally review the potential for an Article 4 Direction for small HMOs; and

(2)         Cabinet make a decision on the Article 4 Direction no later than their meeting on 1 September 2026.

*Recommended to Cabinet – Decision taken by Cabinet Member

[In accordance with Council Procedure Rule 8.6, Cllr Thornewell requested that their vote against the proposals be recorded in the Minutes]. 

This report proposes some amendments to the Borough Council’s Affordable Housing Protocol in light of the economic factors impacting the securing and delivery of affordable housing through the Planning process.

Members considered a report proposing updates to the Council’s Affordable Housing Protocol to reflect current economic conditions and changes in national planning policy. The report explained that the protocol, originally adopted in 2021, had been reviewed to ensure it remained practical and effective in securing affordable housing through the planning process.

The Committee noted that the revised protocol was intended to support a more consistent approach to viability testing, strengthen the use of the Council’s evidence base, and place greater emphasis on developers demonstrating engagement with registered providers.  Members were advised that the housing needs data appendix was currently being updated and that delegated authority for its final sign-off was proposed.

Cllr Thornewell proposed, Cllr King seconded and it was

*RECOMMENDED: That

(1)        the revised Affordable Housing Protocol (attached at Annex 1) be adopted; and

(2)        delegated authority be granted to the Director of Planning, Housing and Regulatory Services, in consultation with the Cabinet Member for Housing, Environment and Economy, to finalise and agree the Protocol appendix related to housing needs data once it had been updated.

*Recommended to Cabinet

This report provides a summary of recent changes to the Disabled Facilities Grant (DFG) funding methodology, the background to the consultation and review, Tonbridge & Malling Borough Council's formula parameters, funding outlook for the next three financial years, and the implications for services currently supported using DFG funding.

Members received a report outlining changes to the national methodology for allocating Disabled Facilities Grant (DFG) funding. The report explained that the revised formula was intended to reflect current levels of disability, age, deprivation and housing tenure more fairly, with transitional protections in place to avoid sudden funding reductions.

Although the borough’s modelled fair share under the new formula was lower than previous allocations, Government funding floors would limit the immediate impact. Current estimates showed no reduction in 2026/27, followed by gradual decreases in 2027/28 and 2028/29, amounting to a total reduction of approximately £125,098 over three years.

Members were advised that DFG funding supported not only mandatory home adaptations for disabled residents, but also wider services including the hoarding support service, hospital discharge scheme, handyperson service and discretionary assistance. However, due to significant underspends accumulated in recent years, the Council was not currently expecting to reduce these services and had sufficient short to medium-term resilience whilst the impact of the revised formula was monitored.

This report provides a summary of the responses received from Statutory Consultees (Infrastructure Providers) in relation to the Tonbridge and Malling Borough Council Regulation 18 (stage 2) Local Plan consultation and an early indication as to the way in which comments made will be considered.

The Committee received the report of the Director of Planning, Housing and Regulatory Services regarding responses from Statutory Consultees to the Regulation 18 (Stage 2) Local Plan consultation.  Members were advised that the consultation had been undertaken between 10 November 2025 and 2 January 2026 and that the report provided a summary of the principal matters raised by infrastructure providers, together with an initial indication of how those representations would be taken into account in the preparation of the Regulation 19 Local Plan and the supporting evidence base, including the Infrastructure Delivery Plan.

It was further noted that engagement with infrastructure providers had informed the preparation of the Regulation 18 Local Plan and would continue as the Regulation 19 growth strategy, associated policies and evidence base were developed. The Committee also noted the financial, legal, consultation and cross-cutting matters set out in the report, together with the intention to provide Members with further updates and draft policy wording in advance of consideration of the Regulation 19 Local Plan by Full Council on 3 September 2026.

An updated Action Plan indicating the progress being made in respect of the recommendations of the Planning Advisory Service Review is presented for information.

The record of the decision taken in respect of progressing the Action Plan is attached at D260007CAB.

Members noted the progress being made in respect of the recommendations of the Planning Advisory Service (PAS) Review.  A key element of the work remained the training programme, which was continuing to evolve.  The reasons for some actions not having been progressed were set out in the commentary section and it was anticipated that these items would move forward during the summer.

The Work Programme setting out matters to be scrutinised during 2026/27 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 2026/27 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.