Decisions

To endore the progression of legal agreements with Bretts to allow them to progress a planning application for H2 with a view to a subsequent land sale and with Bretts and Shepherd Neame to allow for the sale of the land for the Country Pub/Hotel.

The Leader drew attention to the tabled paper which advised of some minor amendments to the report.

The report provided an update on the progress of the residential development at Conningbrook H1 and sought approval for entering into the agreement to progress the next phase of residential development at the site (H2). In addition, the report provided an update on the negotiations with the freeholder of the Country Park and the proposed operator of the pub/hotel. The report sought authority from Cabinet to proceed with both proposals.

Resolved:

That   (i)         the progress made on the delivery of the residential development at H1 be noted and

Subject to the satisfaction of Section 123 of the Local Government Act 1972 to: -

            (ii)        the principles of an agreement with Brett Aggregates Ltd in respect of Phase 2 of the development at Conningbrook be agreed, on the terms set out in the report and at Exempt Appendix 1, including the disposal of land shown coloured green on the plan attached to the report.

            (iii)       the Head of Corporate Property and Projects, in consultation with the Portfolio Holder for Regeneration and Corporate Property and the Director of Finance and Economy, be authorised to finalise negotiations as to the terms of that agreement including the disposal of the Council’s land forming part of Phase 2, and to enter in to that agreement.

            (iv)      the Head of Corporate Property and Projects, in consultation with the Portfolio Holder for Regeneration and Corporate Property and the Director of Finance and Economy, be authorised to finalise negotiations as to the terms of the lease to be granted to the operator of the pub/hotel and to grant a lease of the land shown edged in red on the plan attached to the report, on such terms as shall be agreed.

            (v)       the Head of Corporate Property and Projects, in consultation with the Portfolio Holder for Regeneration and Corporate Property and the Director of Finance and Economy, be authorised to finalise negotiations as to the terms of the Licence to Underlet to be entered into with the freeholder of the Country Park and to enter in to the same.

            (vi)      the Head of Corporate Property and Projects, in consultation with the relevant Portfolio Holder and the Director of Finance and Economy, be authorised to apply for and negotiate the necessary amendments to the Section 106 Agreement entered into as part of the original planning consent for the Country Park, to allow for the relocation of the site of the proposed pub/hotel.

            (vii)     authority be delegated to the Head of Legal and Democracy, in consultation with the Head of Corporate Property and Projects, to agree, execute and complete all necessary documents required to give effect to the above recommendations.

            (viii)    the Head of Corporate Property and Projects and the Director of Finance and Economy be authorised to act as the Council’s representatives on the proposed “Design and Contract Forum” under the proposed terms of the agreement.

To seek Cabinet approval to go out to public consultation on draft version of the revised policy.

The Portfolio Holder introduced the report which presented an updated version of the Council’s Statement of Licensing Policy. The new policy reflected changes in legislation and good practices and the report sought agreement to go out to a period of consultation.

Resolved:

That the review of the Statement of Licensing Policy for the Licensing Act 2003 be noted and the Statement of Licensing Policy 2019 – 2024 be agreed for publication for the purposes of consultation.

To identify options for new fixed penalty notices for breaches of the household waste duty of care.

The Portfolio Holder introduced the report which advised of the duty of care that householders had with regard to waste disposal and their obligation to ensure that controlled waste was correctly disposed of and not fly-tipped. This was particularly relevant following recent decisions by KCC to charge for the disposal of certain waste products. Under Section 34(2A) of the Environmental Protection Act, Local Authorities were now empowered to issue a Fixed Penalty Notice and the report provided options for the level of fine to be applied towards offenders.

The Leader re-iterated that powers would be used pragmatically and Officers did have discretion to consider each matter on its merits on a case by case basis. The Council had always operated in a kind and caring way with regard to its waste collection, and he did not want this to become too onerous for elderly and vulnerable residents who may unwittingly engage organised crime gangs or unscrupulous waste disposal representatives.

The Leader thought it was worth pointing out that where charges had been levied for waste disposal, no significant increase in the levels of fly-tipping had been recorded. It was also worth emphasising that this Council did now prosecute against fly-tipping and had had three successful prosecutions held up in the courts recently. The Deputy Leader further advised that a recent analysis of fly-tipped waste across the County showed that 90% could have been disposed of free of charge, either at household recycling centres or through the usual weekly collections, so the excuse about charging did not really hold any weight.

Resolved:

That a maximum level of default be applied for a Fixed Penalty Notice for a householder failing to comply with their duty of care responsibilities (£400), and that a discounted amount (£300) be applied if the payment is received within 14 days.

Proposed formal write-off of debts

The Portfolio Holder introduced the report and drew attention to the tabled paper which reported a minor adjustment to the figures and explained the reasons for that. The report proposed the formal write off of £281,131.79 and explained that the proposals were in line with the Council’s Revenues and Benefits Service Write-Off Policy. The Director of Finance and Economy had been consulted along with Heads of Service for relevant areas and the Portfolio Holder thanked the Senior Recovery Officer for her continued hard work in this area.

Resolved:

That   (i)         the action that accounts totalling £43,532.76 had been written-off under delegated powers (Financial Regulations 11.1) be noted.

            (ii)        the write-offs listed in the Exempt Appendices totalling £237,599.03 be approved.

The Portfolio Holder introduced the report which sought endorsement for the draft Masterplan for Conningbrook Lakes Country Park and to approve the proposal to place the draft Masterplan on the Council’s consultation portal for six weeks. It also asked the Cabinet to commend the delivery of the Park for the benefit of the community, subject to relevant funding coming forward.

The Deputy Leader said he wanted to draw attention to a discussion that had been held earlier that day at Kent County Council where they had agreed to launch a new initiative called the Kent Bee Plan. This sought to increase the number of pollinators to reverse the serious decline in numbers in Kent and would involve revising grass cutting schedules, ensuring pollinator friendly planting on highway verges and change of use of pesticides at the Country Parks run by KCC. It was an extremely important initiative and he considered it was vital that the Borough’s new Parks at Conningbrook, Victoria Park and Discovery Park, and indeed the work at the Royal Military Canal, all incorporated this new scheme.

The Deputy Portfolio Holder for Planning and Development said that she wanted to take the opportunity to praise the extra planting in the town this year, which looked extremely pretty, but hoped that in future a mixture of both geraniums and pollinating plants could be used. The Head of Environment and Land Management advised that geraniums had been chosen for their environmental impact as they were long flowering and needed less water.

Resolved:

That   (i)         the contents of the report be noted and the draft Masterplan be endorsed.

            (ii)        Officers be authorised to place the draft Masterplan on the Council’s consultation portal for a period of six weeks.

            (iii)       authority be delegated to the Head of Culture, in consultation with the Portfolio Holder for Culture, Tourism and Leisure, to make any minor changes to the draft Masterplan following the authorised consultation period.

            (iv)      an approach to paying back previous forward funding spend from the expected £2,054,727 Section 106 funding for the Country Park be agreed, as described in Paragraph 2 of the report.