Agenda, decisions and draft minutes

Councillor Ben Chapelard, Leader of the Council thanked residents for taking part in the Borough wide Residents Survey.  The Council had received over 1200 responses.

Councillor Wendy Fitzsimmons, Cabinet Member for Sport Leisure and Health reported that the judges from Britain in Bloom had visited Tunbridge Wells and were very impressed.  South and South East in Bloom had also recently taken place with the judges being equally impressed.  Thanks were given to the Parks Team and Tivoli for all their hard work.

Councillor Hugo Pound, Cabinet Member for Housing and Planning gave an update on the new software being used for residents in the Borough to register for housing.  The Council had received 1,038 registrations of which 300 of those applications had now gone live.  There were currently 455 applications pending  review (not all of which would be accepted), with 103 at the pre application stage and 165 which had been closed because they did not qualify.  The Housing Team continued to work hard which was very much appreciated. 

To receive any apologies for absence.

There were no apologies.

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.

Councillor Nancy Warne declared that regarding Agenda Item 12 (Dunorlan Parking – Consultation Response), she was related to the Chair of the Friends of Dunorlan Park and was aware of his views but would participate and vote on this item.

Councillor  Nancy Warne declared that regarding Agenda Item 15 (Cranbrook and Sissinghurst Neighbourhood Development Plan), as the current chairman of the steering group, she would excuse herself from the meeting for this item. 

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.

The following people had registered to speak:

Dr Robert Banks – Agenda Item 12

Councillor Pope – Agenda Item 12

Councillor Dawlings – Agenda Item 12

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 22 June 2023  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 any forthcoming items in the Forward Plan.

Members considered the plan. No amendments were proposed.

RESOLVED – That the Forward Plan as at 18 July 2023 be noted.

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

RESOLVED – That the Tenancy Strategy at Appendix A be approved.

REASON FOR DECISION: To comply with the Localism Act 2011.

Councillor Hugo Pound, Cabinet Member for Housing Planning introduced Tobi Philips, Affordable Housing and Enabling Officer who presented the report set out in the agenda.

Discussions and questions from Members included the following:

-       Cabinet were recommended to endorse Option 1 and approve the adoption of the strategy.

-       The Strategy had not been renewed since 2012, and the world had moved on considerably with the Council’s registered providers and the expectations of residents who rented social housing. 

-       The work was therefore wholly appropriate in creating something fresh that could be rolled out to the Council’s registered providers.

RESOLVED – That the Tenancy Strategy at Appendix A be approved.

REASON FOR DECISION: To comply with the Localism Act 2011.

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

RESOLVED –

1. That a 6-week consultation of the Draft Economic Development Strategy for the period 2023-2026, starting in September be approved.

2. That a final version of the Strategy be brought back to Cabinet for consideration, approval and adoption be approved.

REASON FOR DECISION: To ensure that the key issues relating to economic development are recognised and addressed to help create the right conditions for businesses to flourish in the borough and for inward investment. To provide a basis for bidding for project funding in the future, as opportunities arise.

Councillor Justine Rutland, Cabinet Member for Economic Development introduced Hilary Smith, Economic Development Manager and James Read, Senior Economic Development Officer who presented the report set out in the agenda.

Discussion and questions from Members included the following:

-       Members thanked the team for their hard work in producing the draft Strategy and for taking on board the comments from the Communities and Economic Development Cabinet Advisory Board.

-       The consultation looked very comprehensive so it would be interesting to see what responses were received and how the Council would respond.

-       It was very encouraging to see that aiming for net zero was one of the headline objectives.

-       The team were thanked for their work in arranging visits for the Leader and the Chief Executive to meet with local businesses.  It had proved very helpful in trying to understand their concerns and ambitiions.

RESOLVED –

1. That a 6-week consultation of the Draft Economic Development Strategy for the period 2023-2026, starting in September be approved.

2. That a final version of the Strategy be brought back to Cabinet for consideration, approval and adoption be approved.

REASON FOR DECISION: To ensure that the key issues relating to economic development are recognised and addressed to help create the right conditions for businesses to flourish in the borough and for inward investment. To provide a basis for bidding for project funding in the future, as opportunities arise.

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

RESOLVED – That the report be noted.

REASON FOR DECISION: To comply with the constitution

Councillor Christopher Hall, Cabinet Member for Finance and Performance, introduced Peter Benfield, Senior Estates Surveyor who presented the report set out in the agenda.

To note the matter was decided in taking the exempt information set out in the agenda as read.

RESOLVED – That the report be noted.

REASON FOR DECISION: To comply with the constitution

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

RESOLVED – That the strategic risk register and arrangements for managing strategic risk be noted.

REASON FOR DECISION:  To effectively manage strategic risks in accordance with the method advised by the Council’s auditors.

Councillor Christopher Hall, Cabinet Member for Finance and Performance, introduced Lee Colyer, Director of Finance, Policy and Development who presented the report set out in the agenda.

Discussion and questions from Members included the following:

-       Members would need to ensure that the focus of development and activities wasn’t confined to just Tunbridge Wells, that  the Borough’s other towns and villages were included. 

-       It was therefore welcomed that Risk Scenario 4, which was around towns and villages had been well represented.

RESOLVED – That the strategic risk register and arrangements for managing strategic risk be noted.

REASON FOR DECISION:  To effectively manage strategic risks in accordance with the method advised by the Council’s auditors.

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

RESOLVED – 

1.    That work continues towards reducing the projected budget deficit in line with the Budget Strategy, to report back in October and prior to the public consultation on the draft budget in December be approved.

2.    That the emerging Saving Plan be supported.

REASON FOR DECISION: To agree the form of consultation and begin the process of setting the budget for 2024/25.

Councillor Christopher Hall, Cabinet Member for Finance and Performance, introduced Lee Colyer, Director of Finance, Policy and Development who presented the report set out in the agenda.

Discussion and questions from Members included the following:

-       The Medium Term Financial Strategy projection of £7.298m projected for 2029/30 assumed that the Council didn’t make adjustments to manage the deficit during any of the years prior to 2029/30.

-       The consequence of the Council trying to find that level of savings, i.e. half of the Council’s net budget requirement, would result in the Council only being able to fund its statutory services.

-       It would be the responsibility of everyone to close that gap, which would involve making some difficult decisions.

-       The Council could not rely on inflation to come down and on the continuing vacancy factor.  Additionally, the Council couldn’t rely on current or higher interest rates.

-       Members had the opportunity to make decisions now that would cover the next 3 years that would set the Council on the right path to reducing the deficit and get the finances on a stable footing.

-       It wasn’t sustainable to rely on the vacancy factor to balance the books. 

RESOLVED – 

1.    That work continues towards reducing the projected budget deficit in line with the Budget Strategy, to report back in October and prior to the public consultation on the draft budget in December be approved.

2.    That the emerging Saving Plan be supported.

REASON FOR DECISION: To agree the form of consultation and begin the process of setting the budget for 2024/25.

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

RESOLVED –

1. That the responses to the Consultation held in November, and the mitigations in the report be noted.

2. That car parking charges be introduced in the Dunorlan Park car parks as detailed in Option A be approved.

3. That charges be implemented on 16 October 2023, except for Blue Badge Holders parked in Disabled spaces which will be free of charge, be approved.

4. That the Portfolio Holders for Finance and Performance and Economic Development, in conjunction with the Head of Finance, Procurement and Parking be given authority to make minor amendments to the proposal resulting from the comments received during the formal consultation process required to create the Parking Places Order or further operational issues that may arise, be approved.

REASON FOR DECISION: To provide an income stream to help protect Council Services, including the maintenance of the park, and to safeguard the Council’s finances.

Dr Robert Banks had registered to speak which included the following comments:

-       At the Finance and Governance Cabinet Advisory Board (F&G CAB), Councillor O’Connell highlighted the importance of positively reacting to the results of the public consultation that had rejected the Council’s proposal.

-       There was an implicit assumption that car parking charges would be introduced.

-       50% of respondents opted for a zero payment at the Park.  A further 30% of respondents asked that if charges were introduced that they be restricted for a maximum period of 5 days per week. 

-       Only 2 out of the 18 freeform responses supported parking charges.

-       The F&G CAB had a long discussion on this item, all the objections were dismissed.

-       The Council’s solution to the deficit was to levy charges or reduce services.  Other options, such as efficiency savings or income generation were either not considered or rejected.

-       Comparisons were made about Haysden Park.  However the park didn’t have a boat business, the charges were lower, and they were not introduced during a period of significant inflation.

-       76% respondents said they travelled to the park by car, the comment that this was by choice was disingenuous.  Personal choice included a wish to visit for reasons of beauty, amenities etc.

-       No details were given regarding the possibility of vehicle displacement due to the introduction of charges.

-       The consultation was flawed because the fundamental question was not asked.  The option to leave the parking free of charge was rejected because it did not support either the Council’s principles of ‘user pays’ or the Borough Partnership’s first priority of safeguarding the Council’s finances.

-       The outcome of the consultation had been predetermined, with the assumption that changes would be introduced had been now realised.

-       None of the other options offered reflected the view of respondents.

-       Whilst the outcome of the consultation was not binding the non-evidence based rejection of the results was non democratic.

Councillor Nicholas Pope had registered to speak which included the following comments:

-       Does not like the idea of parking charges being introduced at Dunorlan Park.

-       But understood the financial difficulties being faced and that alternative options were running out.

-       The Council currently had a budget gap of just under £1m, which was forecast to grow to nearly £6m in the next 5 years.

-       If charging were introduced, displacement would be an issue.  People visiting the park, but using residential roads for parking would make it more difficult for residents. 

-       If people parked along Halls Hole Road, it would further narrow the lane and make it dangerous with an increased risk of accidents.

-       People might decide to park on Pembury Road, which would impede traffic and churn up the verge.

-       Cabinet should ensure that  mitigation measures were in place should displacement occur.

-       It would be important to support the businesses and volunteers that worked in the park.  Parking should be free for  ...  view the full minutes text for item CAB30/23

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

RESOLVED –

1. That the independent examiner’s report on the Cranbrook & Sissinghurst Neighbourhood Development Plan (CSNDP) at Appendix A be noted and published.

2. That the CSNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the CSNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the CSNDP is positive, the Council formally makes the CSNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

Councillor Hugo Pound, Cabinet Member for Housing and Planning introduced the item as set out in the agenda. 

The report was taken as read.

RESOLVED –

1. That the independent examiner’s report on the Cranbrook & Sissinghurst Neighbourhood Development Plan (CSNDP) at Appendix A be noted and published.

2. That the CSNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the CSNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the CSNDP is positive, the Council formally makes the CSNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

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

RESOLVED –

1.    That the independent examiner’s report on the Paddock Wood Neighbourhood Development Plan (PWNDP) at Appendix A be noted and published.

2.    That the PWNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the PWNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the PWNDP is positive, the Council formally makes the PWNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

Councillor Hugo Pound, Cabinet Member for Housing and Planning introduced the item as set out in the agenda. 

The report was taken as read.

RESOLVED –

1.    That the independent examiner’s report on the Paddock Wood Neighbourhood Development Plan (PWNDP) at Appendix A be noted and published.

2.    That the PWNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the PWNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the PWNDP is positive, the Council formally makes the PWNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

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

RESOLVED –

1.    That the independent examiner’s report on the Pembury Neighbourhood Development Plan (PNDP) at Appendix A be noted and published.

2.    That the PNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the PNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the PNDP is positive, the Council formally makes the PWNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

Councillor Hugo Pound, Cabinet Member for Housing and Planning introduced the item as set out in the agenda. 

The report was taken as read.

RESOLVED –

1.    That the independent examiner’s report on the Pembury Neighbourhood Development Plan (PNDP) at Appendix A be noted and published.

2.    That the PNDP be modified as set out in Appendix B be approved.

3. That a decision to progress the PNDP as set out in Appendix C to referendum, and a Decision Statement as set out at Appendix D be approved. 

4. That if the referendum result on the PNDP is positive, the Council formally makes the PWNDP as set out in Appendix C to be subsequently considered at a Full Council meeting, post referendum be approved.

REASON FOR DECISION:Approved Neighbourhood Plans become part of the development plan for the Borough and are a key document in the determination of planning applications that allow the local community to take responsibility for land use planning in their area.

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 no urgent business.

To note that the date of the next scheduled meeting is Thursday 21 September 2023.

The next meeting would be held on Thursday 21 September 2023 commencing at 6:30pm.