Agenda and minutes

Full Council - Wednesday, 14th December, 2022 7.30 pm

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Venue: Council Chamber, Town Hall, Royal Tunbridge Wells, TN1 1RS. View directions

Contact: Democratic Services Team 

Note: This ordinary meeting of the Full Council will commence at 7pm or at the rising of the preceeding meeting (whichever is the latest). 

Media

Items
No. Item

FC1/22

Apologies for absence pdf icon PDF 28 KB

To receive any apologies for absence.

Additional documents:

Minutes:

Apologies were received from Councillors Everitt, Dr Hall and Morton

FC2/22

Minutes of the extraordinary meeting dated 05 October 2022 pdf icon PDF 221 KB

To approve the minutes of the extraordinary meeting held on 05 October 2022 as a correct record. The only issue relating to the minutes that can be discussed is their accuracy.

Additional documents:

Minutes:

No amendments were proposed

 

RESOLVED – That the minutes of the extraordinary meeting dated 05 October 2021 be approved as a correct record.

 

FC3/22

Minutes of the ordinary meeting dated 05 October 2022 pdf icon PDF 230 KB

To approve the minutes of the meeting held on 05 October 2022 as a correct record. The only issue relating to the minutes that can be discussed is their accuracy.

 

Additional documents:

Minutes:

Councillor Bailey  requested the minutes reflect a wording change from Moat to Note.

 

RESOLVED –

1.    That FC38/22 be amended to replace the word Moat with Note; and

2.    That, subject to the above amendment, the minutes of the meeting dated 5 October 2022 be approved as a correct record.

 

FC4/22

Declarations of Interest pdf icon PDF 65 KB

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.

Additional documents:

Minutes:

No declarations of pecuniary or significant other interest were made. 

 

FC5/22

Announcements pdf icon PDF 28 KB

To receive announcements from the Mayor, the Leader of the Council, members of the Cabinet and the Chief Executive.

Additional documents:

Minutes:

The Mayor made the following announcements:

 

·         I would like to bring to your attention that TWBC will shortly be losing Jane Clark and Mark O’Callaghan as they move onto pastures new I am sure you will join me in wishing them all the best.

 

Announcement from Leader of the Council Councillor Chapelard:

 

·         The Leader of the Council advised that he had the pleasure of joining Southborough, Tunbridge Wells and the Cemetery.

·         He also had the please of meeting  a Son of a former resident of Tunbridge Wells who was killed in WW2 whilst his mother was pregnant with him.

·         Which reminds us all that with event in the Ukraine it is our duty to remember those that have given their lives and he expressed how it was a real privilege to represent TWBC as these event.

 

Announcement from Portfolio Holder for Rural Communities Nancy Warne

 

·         The cost-of-living crisis is directly impacting upon many of the most vulnerable households in the borough. Tunbridge Wells Borough Council wishes to provide financial assistance to organisations within the Community that are working hard to support our residents.

·         £100,000 has been set aside to create a Community Support Fund and the Council would welcome applications for this funding.

·         A link to the Community Support Fund is now live on the Council’s website https://tunbridgewells.gov.uk/community-support-fund where you can find the Terms of Reference and an application form.

·         The intention is to offer approximately 5 one-off grants of around £20,000 for specific projects, the expansion of existing services due to a growth in demand or new needs that have been identified. As part of the application process, we will be asking for a business plan to explain the nature of the support you intend to provide and will require an auditable return once the funds have been spent. The council does not have the resources to administer many small grants, so we suggest that small groups work together or with larger organisations to make a joint application.

·         The closing date for applications will be 5.00pm 11th January 2023. We cannot accept any late applications and any further information requested must be submitted by this date. It is intended that the grants be paid by the end of January.

·         Details of the eligibility criteria and how to submit an application are available on the council’s website.

·         I would encourage members to share this information with the eligible organisations of which there are aware. 

 

 

 

Announcement from the Chieve Executive

 

·         Due to technical issues the broadcasting of the meeting was paused for 10 minutes.

·         The Chief Executive had not announcements to make.

FC6/22

Questions from members of the public pdf icon PDF 31 KB

To receive any questions from members of the public, of which due notice has been given in accordance with Council Procedure Rule 8, to be submitted and answered.

Additional documents:

Minutes:

The Mayor advised that no questions from members of the public had been received under Council Procedure Rule 8.

 

Question 1 from  Mr James Tansley

 

Good Evening, and Season’s Greetings to everyone. The Council claims it has a wealth of information on residents’ views on the way it spends their money from previous budget consultation exercises and surveys.  Yet the most recent comprehensive consultation, according to an earlier draft of this year’s budget, was in 2015 i.e. pre-CoVid, pre-Brexit, pre-£8 million Amelia overspend and pre-£11 million Calverley Square debacle.  Will the Council conduct a full and open consultation with local Council taxpayers before agreeing this year’s budget, in particular, around their desire to see any increase in Council Tax?”

 

Answer from Councillor Hall

 

Thanks you for your question and Season’s Greeting to you to.  The budget survey for 2023/24 went live last week, and is an interactive exercise where residents are able to both learn about the services the council provides and set a hypothetical budget to each service. It’s modelled on the current scenario the Council faces of a budget deficit.  Residents are invited to balance the budget, by  giving consideration to their spending priorities, amending the funds allocated to each service with the aim of trying to balance the budget with the limited income the council has available. This consultation will form the basis of informing the Council of where our residents’ priorities lie, where they might want us to make efficiency savings and to inform any budget decisions we make in January.  And yes, the public will be consulted on increasing Council Tax by 3% for 2023/24

 

 

Supplementary Question from Mr James Tansley

 

Thank you I am an avid completer of previous budget surveys and one of my disappointments is that it offers little scope to express views on elements of the budget it very limiting just to provide budget in between preordained list of service will you update that budget to allow local taxpayers the flexibility to express their view more clearly on the use you are making of their money.

 

 

Supplementary Answer from Councill Hall

 

I very much welcome feedback, on the budget survey, this time it is somewhat different to previous ones, and we have listened to previous feedback and try to improve, if you can think of any further improvement I am more than happy to hear them once you have attempted the survey, thank you very much.

 

 

 

 

Question 2 from Mr David Scott

 

Seasons Greeting to you all, “Will you please confirm that during 2022/3 Financial Year (post COVID year), Tunbridge Wells Borough Council income has recovered with income which was substantially confirmed in Quarter 1 and Quarter 2 reports (Q1 & Q2, 2022/3):

 

1.         Extra income from existing car parking charges of approximately £300,000

2.         Over £750,000 of investment income earned on the large cash reserves held

by the Council

3.         Increases in new Business Rates which I understand is about £800,00.

4.         Supported by post COVID income recovery from  ...  view the full minutes text for item FC6/22

FC7/22

Questions from members of the Council pdf icon PDF 32 KB

To receive any questions from members of the Council, of which due notice has been given in accordance with Council Procedure Rule 10, to be submitted and answered.

Additional documents:

Minutes:

The Mayor advised that no questions from members of the public had been received under Council Procedure Rule 10.

 

Question 1 from Councillor Rands

 

Noting that the land on which Tunbridge Wells Target Shooting Club sits is on the list of assets for disposal and recalling this council voted on the 7th of July 2021 as follows:

 

“Mindful of the potential for changes in the allocation and use of sports facilities within the Borough, we recognise our commitments under the National Planning Policy Framework in general and paragraphs 96-101 in particular. This Council welcomes the policies in the Pre-Submission Local Plan (in particular Policy OSSR1) on the retention of open spaces and the requirement that losses should be made good by alternative equivalent or better provision. At the same time, we urge Cabinet to commit to always seek to ensure that alternative provision is available before any site is withdrawn for use or, if there are exceptional reasons why this cannot happen, all reasonable efforts are made to ensure that temporary facilities are made available to bridge the gap.”

 

What reasonable efforts has cabinet made to ensure the continuity of the club after a potential sale of that land and how much is that expected to cost?”

 

Answer from Councillor Fitzsimmons

 

The Council have been trying to engage with the shooting club for the past five years but have been unable to reach an agreement. Discussions are now with the Land Tribunal Service to broker a resolution and it is not appropriate to comment whilst this process is taking place.

 

Supplementary Question from Councillor Rands

 

Nothing to add

 

 

Question 2 from Councillor Roberts

 

“The council is to get around £800,000 in additional income from its investments, an additional £300,000 in carparking fees and extra income from Business Rates. So will the coalition now admit that the Conservative budget of last February, which we are still under, is set to return a surplus. And will you further admit that because of good Conservative management, the £944,000 black hole in our finances the Coalition claimed to have inherited is now, and always was, a myth used for political sloganeering with no financial reality.

 

 

 

 

Answer from Councillor Hall

 

Thank you very much for your question Councillor Roberts I appreciate someone who says what they mean and means what they say

 

 

There are two parts to this, so let’s deal with the question of the current deficit which you raised.

 

It’s still far too early to say what the final position will be for 22/23 but as reported in the latest financial management reports for Q2, the projected deficit for the financial year now stands at £706k. Any gains have been partly wiped out by doubling energy costs and inflation which you have already heard. We are still waiting on a local government financial settlement this month and there are no guarantees it will be favourable to us. A lot will depend on the economic success of the town centre over Christmas and visitor  ...  view the full minutes text for item FC7/22

FC8/22

Appointment of Monitoring Officer pdf icon PDF 128 KB

Additional documents:

Minutes:

Councillor Chapelard moved, and Councillor Hayward seconded, the recommendations set out in the report on the agenda.

 

The Mayor took a vote by affirmation.

 

RESOLVED

 

1.    That Claudette Valmond be appointed Monitoring Officer for the Council with effect from 15 December 2022

2.    That Claudette Valmond was appointed as Head of Legal Partnership in October 2022 be noted

3.    The Head of Legal Partnership be authorised to exercise the delegated function and responsibilities of the Head of Legal Partnership as specified in the Council Constitutions

 

FC9/22

Changes to the Appointments to Committee pdf icon PDF 137 KB

To consider and if thought fit, to approve the recommendations set out in the associated report.

Additional documents:

Minutes:

Councillor Chapelard moved, and Councillor Warne seconded, the recommendations set out in the report if the agenda

 

The report was taken as read

 

The Mayor took a vote on the motion by affirmation.

 

RESOLVED

 

1.    That Councillor Mathew Sankey be appointed Vice Chair of Finance and Governance Cabinet Advisory Board.

2.    That Councillor Ellen Neville be appointed Vice Chair of Planning Committee

3.    That other changes made under delegated authority be noted

FC10/22

Timetable of Meeting 2023/24 pdf icon PDF 146 KB

To consider and if thought fit, to approve the recommendations set out in the associated report.

Additional documents:

Minutes:

Councillor Hayward moved, and Councillor Warne seconded, the recommendations set out in the report on the agenda.

 

The Mayor took a vote on the motion by affirmation.

 

RESOLVED – That the Timetable of Meetings for 2023/24, as at Appendix A to the report be agreed.

FC11/22

Council Tax Reduction Scheme 2023/24 pdf icon PDF 149 KB

To consider and if thought fit, to approve the recommendations set out in the associated report.

Additional documents:

Minutes:

Councillor Hall moved, and Councillor Rutland seconded the recommendation set out in the report on the agenda.

 

The report was taken as read

 

The Mayor took a vote on the motion by affirmation.

 

RESOLVED –

 

1.    That the progress of the income banded Council Tax Reduction Scheme be noted

2.    That no changes are made to the Council Tax Reduction Scheme for 2023/24

3.    That the Council seeks to provide support to those struggling on low incomes and with the ‘Cost of living’ crisis through the establishment of a Community Support Fund and through use of the Household Support Fund

FC12/22

Brenchley & Matfield NDP pdf icon PDF 138 KB

To consider and if thought fit, to approve the recommendations set out in the associated report.

 

Additional documents:

Minutes:

Councillor Pound moved, and Councillor Warne  seconded the recommendation set out in the report on the agenda.

 

 

Councillor Pound spoke on the Motion:

           

1.    Expressed the importance of the Plan

2.    Parish Council made a number of modifications to the plan, which was accepted and now forms part of the Borough Development Plan.

3.    The provision of affordable house and a mix for older residents being considered under this plan

4.    Thanks was expressed to all the hard work undertaken by the Parish and Officers

 

 

The report was taken as read

 

The Mayor took a vote on the motion by affirmation

 

RESOLVED –

 

1.    Following a favourable local Referendum result in relation to the use of the Brenchley and Matfield Neighbourhood Development Plan (BMNP) to help in determination of planning applications in the Parish Neighbourhood Area.

2.    The Brenchley and Matfield Neighbourhood Development Plan Decision Statement (post Referendum) shown in Appendix A also be Published.

3.    The Brenchley and Matfield Neighbourhood Development Plan Strategic Environment Assessment (SEA) Adoption Statement also be drafted and published shortly after the NDP is made.

 

 

FC13/22

Members Allowances 2023/24 pdf icon PDF 170 KB

To consider and if thought fit to approve the recommendations set out in the associated report.

Additional documents:

Minutes:

Councillor Hayward moved, and Councillor Chapelard seconded the recommendation set out in the report on the agenda.

 

The motion was to agree Option C which was published in a supplementary  Appendix B published on the 9 December.

 

This recommendation was  to keep the current scheme but to add a new condition that no Cabinet Member will be entitled to a Minority group leader’s allowance.

 

Councillor Dawlings moved a revised motion to consider option B, which was seconded by Councillor Fairweather.

 

Debate on proposed motion for Option B.

 

·         Option B cannot be considered with the current cost of living crisis due to a 43% increase Option B would have on allowances.

·         Confirmation was requested that it was to be made clear to the electorate that there would be no increase to members allowances.

·         Confirmed was provided that whatever option was agreed upon there were to be no alteration to Member allowances as originally set in 2012.

·         Majority of Councillors did not want to receive an increase in Members allowances and therefore would not be supporting Option B and therefore Option C was the better option.

·         Option C was un indexed and would remain that way, unlike Option B which would increase y/y

 

 

The Mayor took a vote on the motion by show of hands, votes casts 11 for, 29  against with 3 abstentions

 MOTION NOT CARRIED

 

 

The debate proceeded on original motion

 

Debate

 

·         It was highlighted that the council were currently in the middle of a  boundary review and members allowances should stay as they  were.

·         It was highlighted that Option C was a better due to costs and the fact it was not index linked

 

 

The Mayor took a vote by show of hands, votes cast 30 for, 0 against, with  13 abstentions

 

RESOLVED

 

·         Option C – keep with the current scheme but to add a new condition that No Cabinet Member will be entitled to a minority group leaders allowance

 

 

FC14/22

Urgent Business pdf icon PDF 28 KB

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

Additional documents:

Minutes:

There was no urgent business.

FC15/22

Common Seal of the Council pdf icon PDF 28 KB

To authorise the Common Seal of the Council to be affixed to any contract, minute, notice or other document arising out of the minutes, or pursuant to any delegation, authority or power conferred by the Council.

Additional documents:

Minutes:

RESOLVED That the Common Seal of the Council be affixed to any contract, minute, notice or other document arising out of the minutes or pursuant to any delegation, authority or power conferred by the Council.

 

FC16/22

Date of next meeting

To note that the date of the next meeting is 01 March 2023.

Additional documents:

Minutes:

The next scheduled meeting was Wednesday 1 March 2022

 

NOTES: The meeting concluded at 10.00 pm.