Decisions

Consideration of the recommendations of the Housing and Planning Scrutiny Select Committee in respect of the Affordable Housing Protocol.

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

In recognition of improving housing options for local people whilst protecting outdoor areas of importance, Cllr Betts proposed, Cllr Taylor seconded and Cabinet

RESOLVED:  That

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

(2)            delegated authority be granted to the Director for 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.

Consideration was given to the recommendations of the Audit Committee in respect of the risk management process and the current status of the Strategic Risk Register (SRR).

Cabinet noted that despite mitigations being in place, the following areas remained at high or RED risk:

·       Failure to adopt a Local Plan

·       Local Government Reorganisation in Kent

·       Development Management Decisions

Ongoing service risks and outcomes continued to be reviewed and monitored and these were detailed in Annex 2.

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

In recognition that assurance was received on the effectiveness of risk management, Cllr Boughton proposed Cllr Coffin seconded and it was

RESOLVED:  That

(1)            the updates to the Strategic Risk Register since the last iteration be noted, with particular emphasis on those risks categorised as RED as shown in Annexes 1 and 1(a) and summarised above; and

(2)            the service risks identified in Annex 2 be noted.

Consideration was given to the recommendations of the Overview and Scrutiny Committee in respect of the current approach to the management and monitoring of section 106 (s106) funding and proposed process improvements. 

A proposed set of Terms of Reference for a s106 Strategic Monitoring Group, a set of Terms of Reference for an Officer Monitoring Group and details of the spend on projects relating to contributions held by the Borough Council and how these had been distributed and allocated (attached at Annexes 1, 2 and 3 respectively) had informed the recommendations of the Overview and Scrutiny Committee.

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

implications. 

In recognition of supporting an informed s106 monitoring process, Cllr Taylor proposed, Cllr Coffin seconded and Cabinet

RESOLVED:  That

(1)             the  next steps proposed for developing the Borough Council’s approach to section 106 obligations, as detailed in section 11 of the report, be noted; and

(2)             the proposed Terms of Reference for the Member and Officer Monitoring Groups, attached at Annexes 1 and 2 respectively, be endorsed and adopted.

Consideration was given to the recommendations of the Overview and Scrutiny Committee in respect of a Quarter 3 update on the Annual Service Delivery Plan 2026/27.

Cabinet welcomed the good progress being made with 71% of key activities and 66% of Key Performance Indicators (KPIs) rated green; and noted the positive progress being made in a number of areas.

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

In recognition that the Annual Service Delivery Plan supported the priorities set out in the Corporate Strategy 2023-2027, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RESOLVED:  That

(1)            the overall progress, including achievements to date and areas needing focus, as detailed in the report and the attached Annual Service Delivery Plan 2025/26 Quarter 3 update be recorded.

(Report of Director of Planning, Housing and Regulatory Services)

Members were provided 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.

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.

Following consideration  and support by the Housing and Planning Scrutiny Select Committee, the Cabinet Member for Planning

RESOLVED: 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.

(Report of Director of Street Scene, Leisure and  Technical Services)

Members reviewed the draft Waste Marketing Plan 2026/27 (attached at Annex 1) which outlined a structured, well-resourced programme of communications,  engagement activities and behaviour change initiatives designed to improve recycling performance, increase correct material capture, reduce contamination and support statutory waste service objectives for the upcoming financial year.

The draft Plan demonstrated strong alignment with corporate environmental goals, Kent Resource Partnership priorities and national policy changes such as Simpler Recycling and enhanced food waste capture.

Following consideration by the Communities and Environment Scrutiny Select Committee, the Cabinet Member for Finance, Waste and Technical Services

RESOLVED:  That

(1)            the draft Waste Marketing Plan 2026/27, attached at Annex 1, be approved.