Decisions Register

Town & Country Housing have approached TWBC to acquire a number of small parcels of land that have remained in the ownership of the Council since the transfer of the housing stock to TCH. This is to consolidate their landholding as part of their plan to redevelop the Estate. The intention is to agree an option to purchase now & for the matter to complete once their own plans are ready to proceed. Currently there are 13 parcels amounting to a total of 454.9 m sq. The land are predominately footpaths or highway. The firm of GL Hearn were instructed to provide a valuation in September 2022 which was accepted by both parties. The total value of the parcels of land has been calculated at £27,134.
TCH are currently assessing whether other parcels may be required as part of the need to accommodate he cycle path that is planned to pass through the area.

RESOLVED –

1.That the grant of the option and the disposal of land referred to in the report and Appendices be approved.

2. That the Head of Economic Development and Property in consultation with the Director of Finance, Policy   and Development, the Monitoring Officer and the Cabinet Member for Finance and Performance be given delegated authority to negotiate and agree the terms of the option to be granted and the subsequent disposal if the option is exercised be approved.

3. That the Head of Mid Kent Legal Services is authorised to negotiate and complete all necessary legal documentation and formalities to give effect to these recommendations and the disposal of the land be approved.

REASON FOR DECISION: The sale would tidy up the land ownership issues, remove any obligation for maintenance to the Council and provide some additional funds to the Council.

This report provides details of a new Service Level Agreement (SLA) between Tunbridge Wells Borough Council and the Kent High Weald Partnership, including funding details.

RESOLVED – 

1.  That the Draft Service Level Agreement (SLA) between Tunbridge Wells Borough Council (TWBC) and the Kent High Weald Partnership (KHWP) be approved.

2. That the Draft Memorandum of Agreement (MoA) between Kent County Council (KCC) and TWBC governing the operations of the Kent High Weald Partnership be approved.

3. That delegated authority be given to the Head of Planning Services and Cabinet Member for Housing and Planning to make minor amendments and sign on behalf of TWBC the SLA and MoA in 1 and 2 above be approved.

4. That the funding for the Kent High Weald Partnership for the period 1 April 2024 to 31 March 2027 be set at £76,194.50 annually subject to the setting of the Council’s annual budget be approved.

REASON FOR DECISION:Maintaining a well-funded KHWP offers clear value for money to the Borough Council. 

This report will provide details of and seek approval to prepare/consult on the Biodiversity Action Plan/reporting under the Statutory Duty for Reporting on Biodiversity and continued support for Biodiversity Net Gain project.

RESOLVED –

1.That the Council’s Interim Net Gain project utilising Council owned woodland be continued as proposed and the necessary work and efforts be made to register the land for Biodiversity Net Gain credits under the Environment Act 2021 including the appointment of a consultant to undertake the necessary surveys and to provide advice on the longer-term management of the scheme be approved.

2. That the Council continues preparation for Mandatory Biodiversity Net Gain, commencing in 2023, to include:

-       Continuing to develop guidance and procedures for Development Management

-       Collating information on Biodiversity Net Gain being provided in the Borough and developing a longer-term strategy for the offsite provision for Biodiversity Net Gain.

-       The appointment of KCC Ecology under a Service Level Agreement (SLA) to assist in the review of Biodiversity Net Gain Plans submitted in support of planning applications in the Borough be approved.

3. As required by the Environment Act 2021, the Council prepare and publish a Biodiversity Report through consultation with Members and key stakeholders and that it shall meet the minimum requirements of the Biodiversity Duty and set out the Council’s Biodiversity Action Plan be approved. 

4. That delegated authority be given to the Head of Planning in consultation with the Cabinet Member for Housing and Planning to implement the actions set out in recommendations 1-3, including entering into an SLA with KCC Ecology following any necessary negotiations be approved.  And further that delegated authority be given to the Head of Legal Partnership in consultation with the Head of Planning to negotiate and complete all necessary agreements with the consultant referred to in Para 1 above, including negotiations with KCC Ecology to seek to secure a 1-year review clause and two training sessions for Members and officers be approved. 

REASON FOR DECISION: To comply with the Council’s Corporate Planning roles and responsibilities under the Environment Act 2021.

The nomination agreement details the nomination arrangements for the allocation of social and affordable rental housing ensuring that the Council’s statutory duties are met by the housing providers operating within the Borough.

RESOLVED –

1. That subject to any necessary drafting changes considered necessary by the Head of Mid Kent Legal Services the Nominations Agreement at Appendix A be approved.

2. That delegated authority be given to the Head of Mid-Kent Legal Services to enter into Nominations Agreements with Registered Housing Providers after receiving instructions to do so from the Affordable Housing and Enabling Officer be approved. 

REASON FOR DECISION: To provide the procedures to be used to make existing and arising void properties available for nominations to the Council.

This statement aims to provide guidance to developers, including Housing Associations and other Registered Providers on the Council’s approach to how and when commuted payments in lieu of on-site affordable housing will be considered.

RESOLVED –

1. That in order to set guidelines when calculating and negotiating a commuted sum in lieu of the onsite delivery of affordable housing, the Affordable Housing Commuted Sum Position Statement be approved.

2. That delegated authority be given to the Head of Housing, Health and Environment, in consultation with the Portfolio Holder for Housing and Planning to make any minor amendments to the Affordable Housing Commuted Sum Position be approved.

REASON FOR DECISION: To provide a transparent mechanism for calculating commuted sums.

This report presents the document Policy and Procedure to spend commuted sums designated for affordable housing.

RESOLVED –

1. That the Affordable Housing Commuted Sums Spending Policy at Appendix A to utilise commuted sums funding paid in lieu of affordable housing provision be approved.

2. That delegated authority be given to the Head of Housing, Health and Environment, in consultation with the Portfolio Holder for Housing and Planning, to make minor amendments to the Affordable Housing Commuted Sums Spending Policy be approved.

REASON FOR DECISION: To provide the Council with scope to utilise funding to promote genuinely affordable avenues into affordable housing. 

To receive the financial position as at the end of June 2023.

RESOLVED –

1. That the Treasury Management and Prudential Indicator position for 2023/24 be noted.

2. That the forecast for investment and bank interest is £2,668,000, an increase of £1,248,000 from the approved budget of £1,420,000 be noted. 

REASON FOR DECISION: Ensuring effective cash flow management was vital in order to support all the services provided by the Council. The interest received from investments was an important source of income in helping to set a balanced budget

To receive the financial position as at the end of June 2023.

RESOLVED –

1.  That the actual gross and net expenditure for the year and the sources of finance, as shown in Appendices B-D be noted.

2. That the proposed variations to the Capital Programme, set out in note 4.3 be approved.

3. That the proposed movement between years set out in note 4.4 be approved.

REASON FOR DECISION: Managing and forecasting capital expenditure effectively was vital in order to support all of the services provided by the Council.

To receive the financial position as at the end of June 2023.

RESOLVED –

1. That the Quarter 1 net expenditure on services year to date was £2,666,000, £1,098,000 less than budget be noted.

2. That by year end the Council anticipates net expenditure of £15,837,000 on services and that this forecast is £1,001,000 under budget be noted. 

3. That by year end the Council anticipates receiving an increase in funding of £1,248,000, due to additional investment interest and that overall, this means an improvement to budget of £2,249,000 be noted.  Further, that the Council will transfer £1,832,000 of this to earmarked reserves and £417,000 will reduce the budget deficit that was to be met from reserves be noted. 

REASON FOR DECISION: To show the actual expenditure on services compared to the revised budget for the period ended 30 June 2023, and the forecast outturn position, highlighting significant variances from the revised annual budget.

To consider an outline of the Council’s performance against key strategic indicators.  Measures prescribed by Central Government through the Single Data List (SDL) and the progress against each of the strategic projects as at end of June 2023.

RESOLVED –

1. That the summary of project performance over quarter one, 2023/24 at Appendix A be noted.

2. That the summary of service performance over quarter one, 2023/24 at Appendix B be noted.

3. That the Recovery Plans for quarter one, 2023/24 at Appendices C-E be noted.

REASON FOR DECISION:  To monitor the effectiveness of the Council’s actions and plans to meet all of the objectives within the Five-Year Plan, highlight underperforming areas, and propose actions to remedy any underperformance to ensure the key objectives are met

To note the contents of the report, along with the work undertaken to secure a safe and healthy working environment.

RESOLVED –

1.That the contents of the report, along with the work undertaken to secure a safe and healthy working environment be noted.

2. That the corporate priorities for 2023-24 be approved.

REASON FOR DECISION: To ensure that the Council continues to comply with the Health and Safety at Work Act 1974 and ensure that there is effective monitoring and review of health and safety management throughout the Council.

The report provides an introduction and background to the KCC consultation on the Draft Kent Local Transport Plan and sets out the contents of the consultation document and arrangements for making representations to the consultation, which ends on 18 September 2023.  The report then provides a draft representation to be submitted to the consultation on behalf of TWBC.

RESOLVED – That the Kent County Council (KCC) consultation on the Local Transport Plan for Kent be noted, and the consultation questionnaire response attached at Appendix A and B of this report be formally submitted to the consultation on or before the deadline of 18 September 20232 be approved. 

To replace the artificial turf pitch at Hawkenbury Recreation ground with a modern equivalent surface for the dual use of hockey and football, along with upgrading the floodlights with LED lights.

RESOLVED – That developer contributions totalling  £217,955.06 from planning obligation 18/01082 Hawkenbury Farm DOV 2 Original Deed 16/07023/HYBRID (and pursuant to subsequent deeds of variation applying the obligation to subsequent varied planning permissions as applicable) for the replacement of the carpet at Hawkenbury all-weather pitch be approved.