Agenda, decisions and minutes

To receive any apologies for absence.

Apologies for absence were received from Stephen McGinnes, Mid Kent Services Director.

To receive any declarations of interest by Members in items on the agenda. For any advice on declarations of interest; please contact the Monitoring Officer before the meeting.

There were no disclosable pecuniary or other significant interests declared at the meeting.

To note any members of the Council wishing to speak, of which due notice has been given in accordance with Cabinet Procedure Rule 28.4, and which item(s) they wish to speak on.

Councillor Hayward had registered as wishing to speak on agenda item 13.

To approve the minutes of a previous meeting as a correct record. The only issue relating to the minutes that can be discussed is their accuracy.

Members reviewed the minutes. No amendments were proposed.

RESOLVED – That the minutes of the meeting dated 5 December 2019 be approved as a correct record.

To receive any questions from members of the Council, of which due notice has been given in accordance with Cabinet Procedure Rule 28.3, to be submitted and answered.

There were no questions from members of the Council.

To receive any questions from members of the public, of which due notice has been given in accordance with Cabinet Procedure Rule 28.5, to be submitted and answered.

There were no questions from members of the public.

To note forthcoming items as set out on the Forward Plan.

Members considered the plan. No amendments were proposed.

RESOLVED – That the Forward Plan as at 24 January 2020 be noted..

To consider and decide on the recommendations as set out in the attached report.

RESOLVED – That a four week non statutory public consultation be undertaken on the proposed introduction of a local connection test to the Self-build and Custom Housebuilding Register.

REASON FOR DECISION:

In supporting the self-build and custom housebuilding policy in the Local Plan, it would assist in ensuring that the new Local Plan delivers housing growth for those with a local connection to the borough.

Stephen Baughen, Head of Planning introduced this report that sought approval to undertake a non-statutory 4 week consultation on the introduction of a local connection test to the Council’s Self-build and Custom Housebuilding Register.

Discussion and responses to Members questions included the following matters:

-       It was a statutory requirement for the Council to keep a Self-build and Custom Housebuilding Register. 

-       Authorities were expected to meet the level of need identified by the Register by granting planning permission for an equal number of service plots within the following 3 years, to the number of registrations made within the 3 preceding years. 

-       The National Planning Policy Framework and accompanying Planning Practice Guidance allowed for the introduction of the test.

-       There was no legal requirement for consultation on the introduction of a local connection test, although the Planning Practice Guidance sets out that Councils should consider a consultation. 

-       The proposed consultation period would be 4 weeks, after which a decision would be taken on whether to introduce the connection test and the final details of the test.

-       The inclusion of a financial solvency test was considered.  Whilst there was recognition that there were instances where projects were incomplete due to a lack of funds, it was considered that this test should not be included and to only proceed with the connection test.

-       The value of land was dictated by the market.  The price of land rose once planning permission had been granted.  Being on the Council’s Self Build and Custom Housebuilding Register had no impact on what an individual would have to pay for land and to develop it.

-       Land acquired by an individual but not built on would most likely go back onto the market at the current market value.

-       There was very little difference between most self build plots/self build planning permission and a grant of planning permission. 

RESOLVED – That a four week non statutory public consultation be undertaken on the proposed introduction of a local connection test to the Self-build and Custom Housebuilding Register.

REASON FOR DECISION:

In supporting the self-build and custom housebuilding policy in the Local Plan, it would assist in ensuring that the new Local Plan delivers housing growth for those with a local connection to the borough.

To consider and decide on the recommendations as set out in the attached report. 

RESOLVED – That the Street Naming and Numbering Policy as set out at Appendix A to the report be adopted.

REASON FOR DECISION:

To adopt the updated policy to allow the service to be delivered in line with national addressing conventions and to allow the delegation of authority to update the policy when amendments are made.

Councillor Tom Dawlings, Portfolio holder for Finance and Governance introduced the report from Ian Hirst, Head of Digital Services and Communications that recommended the adoption of the updated Street Naming and Numbering Policy.

RESOLVED – That the Street Naming and Numbering Policy as set out at Appendix A to the report be adopted.

REASON FOR DECISION:

To adopt the updated policy to allow the service to be delivered in line with national addressing conventions and to allow the delegation of authority to update the policy when amendments are made.

To consider and decide on the recommendations as set out in the attached report.

RESOLVED – That Full Council be recommended that the Capital Strategy 2020/21, as set out at Appendix A to the report be adopted.

REASON FOR DECISION:

To provide guidance on the Council’s capital programme and the use of its capital resources as required by the Chartered Institute for Public Finance and Accountancy and Prudential Code and Treasury Management Codes.

Lee Colyer, Director of Finance, Policy and Development introduced the Report that provided a high-level long term overview of how capital expenditure, capital financing and treasury management activity contributed to the provision of services.  It also provided an overview on how associated risk was managed and implications for future investment sustainability.  Discussion and responses to Members questions included the following matters.

-       The Chartered Institute for Public Finance and Accountancy (CIPFA) required all local authorities to produce a Capital Strategy Report.

-       The current Report now included the Climate Emergency Declaration.

-       The increase in the current Asset Portfolio from £121m to almost £128m was welcomed.

RESOLVED – That Full Council be recommended that the Capital Strategy 2020/21, as set out at Appendix A to the report be adopted.

REASON FOR DECISION:

To provide guidance on the Council’s capital programme and the use of its capital resources as required by the Chartered Institute for Public Finance and Accountancy and Prudential Code and Treasury Management Codes.

To consider and decide on the recommendations as set out in the attached report.

RESOLVED – That Full Council be recommended that the Treasury Management Policy and Strategy 2020/21, as set out in Appendix A to the report, be adopted.

REASON FOR DECISION:

The security of the Council’s cash and effective cash flow management is vital in order to support all the services provided by the Council.  The interest received from the Council’s investments is an important sources of income in helping the Council set a balanced budget.

Lee Colyer, Director of Finance, Policy and Development introduced the Report that set out the Council’s policies for managing investments and borrowing. Discussion and responses to Members questions included the following matters.

-       The Chartered Institute for Public Finance and Accountancy (CIPFA) as part of the Treasury Management Code required local authorities to produce a Treasury Management and Policy Strategy.

-       The Report was a key financial document that set out the Council’s approach to its management of its Treasury management functions.

RESOLVED – That Full Council be recommended that the Treasury Management Policy and Strategy 2020/21, as set out in Appendix A to the report, be adopted.

REASON FOR DECISION:

The security of the Council’s cash and effective cash flow management is vital in order to support all the services provided by the Council.  The interest received from the Council’s investments is an important sources of income in helping the Council set a balanced budget.

To consider and decide on the recommendations as set out in the attached report.

RESOLVED –  That Full Council be recommended:

1.     That the changes to the base budget along with the assumptions and approach set out throughout the report be approved.

2.     That the responses to the budget consultation set out at Appendix P to the report be approved;

3.     That the rolling forward of the capital programme including additional gross funding of £3,072,050 for new schemes list within the report be approved; and

4.     That an increase in the ‘Base Amount’ of Council Tax of £5 per annum for a Band D property be approved.

REASON FOR DECISION:

To deliver a sustainable budget to deliver the Council’s key objectives.

Lee Colyer, Director of Finance, Policy and Development introduced the Report that outlined the assumptions that had been built into the budget for 2020/21.  Discussion and responses to Members questions included the following matters.

-       This was the 4^th Report in setting the 2020/21 budget.

-       The Queen’s Speech on 19 December 2019 included a number of items that were significant to the Council.  

-       Government intended to increase retail discount relief from 33% to 50%.

-       The Queen’s Speech also included details of a Planning White Paper that would make the planning process clearer and address resource issues currently experienced at local authority level.

-       The Provisional Local Government Finance Settlement was published on 20 December 2019.  The settlement was for one year only.  It included Revenue Support Grant of which the Council received nothing, and the Baseline funding level which was the minimum amount of Business Rates that the Council was able to retain, £0.04. The Baseline had increased by 1.6%, which equated to about an additional £40,000.

-       The settlement included a decision by Government to consult on the future of the New Homes Bonus.  As a result of this decision, legacy payments would no longer be paid. The Council had expressed their disappointment at this decision in their response to the Government’s Technical consultation on the issue.

-       There was no proposal by Government to uplift the £5 deminimus Council Tax limit for the Shire District Councils.

-       Central Government would deliver their budget on 11 March 2020.  This date was after most Councils had set their budget and Council Tax.  As such and in the absence of national economic data that would not be available, local economic data would be used to inform the process. 

-       Business rate growth was critical to the ability of the Council to fund local services across the Borough.  Business rate income came predominately from the urban parts of the Borough.  There were over 4,000 businesses in the Borough with a combined rateable value of £136m.

-       The four year Capital Programme would be rolled forward for another year.

-       A budget survey was undertaken and received 199 responses, compared to just 56 last year.

-       The current  level of Business Rates had a huge impact on local businesses, particularly those in the retail trade.  The Council should encourage Government to look at ways to reduce the level of Business Rates to help businesses through this difficult period. 

-       There would also be a need to consider the effects of Climate Change and the measures that could be introduced to try and solve some of the issues.

-       The Council’s concern regarding the lateness of the Local Government settlement should be brought to the attention of Greg Clark MP to take forward to the Secretary of State at the Ministry of Housing, Communities and Local Government.

-       The elements included in the Capital Programme that related to the Assembly Hall Theatre would go to maintain and improve the service.  ...  view the full minutes text for item CAB126/19

To consider and decide on the recommendations as set out in the attached report.

RESOLVED –

1.     That the final expenditure figures related to the development and delivery of the Calverley Square project in accordance with Full Council decisions be approved.

2.     That the closure of the Calverley Square project be noted. And it be noted that the planning permission remained valid until 14 June 2021, and the CPO remained valid until 9 May 2022, in accordance with statutory requirements.

3.     That the planning or CPO consents that are in place be not implemented.

REASON FOR DECISION:

To implement the decision made by Full Council on 8 October 2019 to terminate the Calverley Square project.

Cllr David Hayward had registered to speak and made the following comments:

-       A formal request for an independent audit of the project had been made by the Audit and Governance Committee. 

-       The primary issue that required review were the Governance arrangements that related to the Calverley Square Project.

-       The original plan to appoint Mid Kent Audit Services to undertake this work was unpalatable as they had previously worked on the scheme. 

-       The Cross Party Working Group were now looking at the way forward.

-       The Audit terms of reference had not been indicated and there was concern that details of who will be appointed and details of their terms of reference would not be known.  There was also concern as to how the public would be engaged in the process. 

-       The lessons of Calverley Square needed to be learnt so mistakes were not repeated.  

-       A request for an external and independent auditor be accelerated and the terms of reference be made available to the relevant Committees for discussion and approval.

David Candlin, Head of Economic Development and Property then introduced the Report that gave an update on the consequences and financial implications following the decision taken at Full Council on 8 October 2019 to terminate the Calverley Square project.  Discussion and responses to Members questions included the following matters.

-       The report included details of the closure of the contracts, including Mace and Avison Young.  This work had now been completed.

-       The report also set out the work that had now been abandoned, including Traffic Regulations Orders and other enabling works that would now not be going ahead.

-       Following an FOI request the minutes of the Development Advisory Panel meetings for the period between July 2013 and June 2018 had been made publicly available.

-       Final overall expenditure was £10.8m.  Of which £10.6m was between RIBA stages 0-4.

-       The direct expenditure for RIBA stage 4 was £6.4m.  Indirect staffing costs were not included.

-       Final invoices for the BBC and Mace would be submitted post decision by Cabinet. These costs were already known and were included in all the figures.

-       The associated funding strategy and the Calverley Square reserve had been closed and funding restored to the base budget and to usable reserves.

-       The expenditure treated as capital would need to be charged to revenue and this would be set out within the financial report and statement of accounts for 2019/20.

-       The planning permission would remain valid until 14 June 2021.  The CPO would remain capable of being implemented until 10 May 2022.

-       The additional social, environmental and economic benefits, including the £33.2m of annual economic benefit from the new office development to the economy from 2022 would not now be delivered.

-       Moving forward, the report highlighted the proposed expenditure of £2m of capital works required to keep the Great Hall car park, Calverley Terrace, Assembly Hall Theatre and the Town Hall operational. 

-       The Cross  ...  view the full minutes text for item CAB127/19

To consider and decide on the recommendations as set out in the attached report.

RESOLVED –  That Full Council be recommended that the Asset Management Plan 2020/21 be adopted

REASON FOR DECISION:

The Plan supports the Council’s Corporate Priorities in the Five Year Plan.

John Antoniades, Estates Manager introduced the Report that presented the Asset Management Plan 2020/21 for consideration.  Discussion and responses to Members questions included the following matters:

-       The Plan provided a management strategy for the Council’s property assets. 

-       The Plan summarised the value and composition of the Council’s current portfolio and identified the main portfolio ambitions for 2020/21.

-       The portfolio was currently valued at £106.77m as at 31 March 2019.

-       So far this financial year, the Council had negotiated lease renewals, new lettings and rent reviews to an increase value of approximately £109,000 annually on Council property.  In addition, property rentals that were subject to annual rental increase were increased over this financial year and have resulted in an annual rental increase of £7,000 per annum.

-       The planned maintenance programme for 2019/20 would have completed works to the value of £600,000.   Capital projects to the value of £600,000 had also been either progressed or completed during 2019/20.  Capital receipts to the value of £1.69m had now been received.

-       The development of the Amelia Scott cultural hub was now underway as was the Royal Victoria Place refresh by British Land. 

-       The rise in capital value and increased saleability of assets was welcome.

-       A request that consideration be given to produce a map that gave details of where the assets were so that it was easier for all to identify them (rather than just in written form).

RESOLVED – That Full Council be recommended that the Asset Management Plan 2020/21 be adopted

REASON FOR DECISION:

The Plan supports the Council’s Corporate Priorities in the Five Year Plan.

To consider and decide on the recommendations as set out in the attached report.

RESOLVED – That the report be noted.

REASON FOR DECISION:

To comply with the Constitution.

John Antoniades, Estates Manager introduced the Report that presented the Asset Management Plan 2020/21 for consideration.  Discussion and responses to Members questions included the following matters.

-       The Report covered property transactions for the period 1 July to 31 December 2019.

-       Property disposals and transfers during the second 6 months of 2019 totalled 2 property assets.  Lease and licencing renewals and new leases totalled 8 which equated to a net revenue increase of £74,540,00.  8 rent reviews were completed that secured a net annual rental increase of £4,419.31. 

-       TWBC had acquired access rights for land at Hornbeam Avenue for £210,000.  This would enable TWBC to create a potential development site.

-       The team were congratulated on their work with the prompt sale of assets.

RESOLVED – That the report be noted.

REASON FOR DECISION:

To comply with the Constitution.

To consider any other items which the Chairman decides are urgent, for the reasons to be stated, in accordance with Section 100B(4) of the Local Government Act 1972.

There was one additional item of business.  Lee Colyer, Director of Finance, Policy and Development asked that it be noted by Cabinet that TWBC had recently received the guidance and details of the business rates retail discount scheme which would be funded by the Government for the next financial year.  It was important to get the discount awarded to help eligible businesses in time for issuing the 2020/21 bills.  It would therefore be necessary to take the Report straight to Full Council on 26 February 2020 to approve the policy for granting the relief in line with the guidance provided.

To note that the date of the next scheduled meeting is Thursday 12 March 2020 at 10:30am.

The next meeting would be held on Thursday 12 March 2020 commencing at 10:30am in the Council Chamber, Town Hall, Tunbridge Wells.

Exempt Appendix A exempt by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended): Information relating to the financial or business affairs of any particular person including the authority holding that information.

The matter to which this exempt item relates was decided in the public session, taking the exempt information as read.