Resolved: That the Minutes of the meeting of Council on 16 November 2021, be approved and signed as correct record.

No additional declarations of interest were made.

The Chairman announced the loss of Councillor Faye Parkin, who had suddenly passed away on 27 January 2022. Faye Parkin was elected in 2003 and the Leader of the Council shared some of his memories and joined the Chairman in a moments silence as a mark of respect.

With immense pleasure the Chairman announced that the White Oak Leisure Centre opening, held on 12 February 2022, was a great success. She spent the day, along with many others invited to the opening, being given a tour of all the facilities. Invitees were able to sample all the equipment, and many did.  She was delighted to meet Colin Jackson and other well-known sporting figures. The occasion had a wonderful buzz and she understood that more than 5000 booked to attend and participate in the free opening offer. The new White Oak Leisure Centre features a huge array of facilities designed for everyone in the local community to enjoy.

At the end of last week Storm Eunice caused some disruption to the District. Many trees were felled, a small number of homes were damaged and hundreds of people were left without power in their homes.  The Chairman thanked Council Officers for their response to the storm, which focussed on seeking to keep residents safe.  Partner authorities in Kent also played their part. The clean-up and restoring power to homes continued into this week and she was am grateful for the continuing efforts of all those involved.

After two difficult years for many of our residents and local businesses; Government have set out their path for living with the Covid 19 virus. The Chairman was very grateful to Council Members and Officers, and colleagues in organisations across the District, that had provided support to those in need and kept services running. People would continue to need support moving into the next phase of the pandemic, but, she hoped for much of the year ahead, that leading more normal lives could begin again.

To date over 300 invitations had been received and 195 had been attended, with more invitations in the diary to attend. The ‘Making it Happen’ Voluntary and Community Awards event would be on Wednesday 9 March 2022 at St. Nicholas’ Church, Sevenoaks, recognising residents and organisations in the District that had gone the extra mile.  Finally, the Chairman advised of her next charity events and invited all Members to attend.

Two questions had been received from a member of the public, Mr David Green Chairman of the Sevenoaks Society, in accordance with paragraph 17 of Part 2 (The Council and District Council Members) of the Constitution.

Question 1:  Mr Green

On 25 February 2020 the Council resolved (resolution 41b)) ‘That a definitive statement be sought from the owner of the former Farmers public house site, of their timelines to dispose of the site or to fully implement the planning permission’. What steps (other than the successful pursuit of payment of the Community Infrastructure Levy have been taken by the Council in the subsequent two year period to obtain such a definitive statement and with what result?

Response: Leader of the Council

‘As Members know there is nothing written in legislation that gives us the authority  to make or enforce them to make commence development of the site. We did seek out a statement from them as to the timescales and they responded verbally in June 2021 stating they intended to submit a new planning application, nothing has been received. They have been in contact regarding a future development of the site - a pre application for 69 units. The site has not been submitted as part of the call for sites. We have contacted them again in September 2021 as the site was getting untidy, and have had no response to that contact. However, we contacted them again today following the storms and they have advised that they have contracted with a fencing company to reinstate the fencing on site. We have also undertaken successful legal action to the tune of nearly £500,000 of CIL (Community Infrastructure Levy) payments on that site.’

Question 2: Mr Green

Is there any reason (and is so what reason) to believe that works on the site will recommence during the next two year period?

Response: Leader of the Council

‘Members, if you cast your mind back to the last time these questions were asked at Full Council, you will remember that the questioner stated that they were surprised that there weren’t many developers lining up to develop the site. I can assure the speaker that that is just not the case. We have spoken to many developers about the site and the opportunities that the site affords and all have come back saying the value the current owners have placed on the site, it would not be viable to take forward either of the two planning permissions that were received on appeal. Including the planning permission that triggered the CIL payment when they commenced works on the site.

If I was to try and answer the question as to whether I believe, personally believed, they would be starting works on site in the next two years, I have to say that history would not be on the side of those that thought they would. However, with the successful legal action an extra £500,000 worth of costs on top of the costs that they have  ...  view the full minutes text for item 39.

No petitions had been received.

a)            Air Quality Action Plan – Request to consult

Cllr Fleming moved and Cllr McArthur seconded the recommendation from Cabinet, which sought the approval for Environmental Health Team to be authorised to undertake public consultation on the draft Air Quality Action plan and the contents be noted.

Resolved: That the contents of the ‘Draft Air Quality Action Plans be noted and the Environmental Health Team be authorised to undertake public consultation of the draft plan.

b)           White Oak Leisure Centre

Cllr Fleming moved and Cllr Dickins seconded that the recommendation from Cabinet. The report set out progress made on the scheme despite difficult market conditions due to unforeseen circumstances that additional costs had been incurred. Approval was sought to increase the Capital Programme by up to £2,995,379 recognising that a significant proportion of the amount was a risk assessed contingency and may not materialise.

Cllr Fleming spoke to the motion advising that looking forward there was an exciting future in the north of the District for sport and health, and any project would look at providing Council Tax payers the best value for money. Undertaking a large scale project in a pandemic and with new trade arrangements had presented challenges which had since been overcome. There were some extra costs which could have been avoided and Officers were looking at how best to recover these costs. Members were advised that the amount was a risk assessed contingency and may not materialise.

In response to questions Members were advised that contingency payments were from lessons learned and the contingency was for the demolition of the old centre. There was a better idea of site conditions and going forward and so the Leader was confident that the risk assessment contingency would not fully materialise. He stated that there were a number of extra costs, which he believed were avoidable and it was being looked into for how to best recover that money on behalf of council tax payers. Specialist contractors must be used when it comes to the removal of asbestos in the safest possible way.

It was stated that a number of bore holes and ground penetrating radars were used on site. Conversations would be taking place to discuss why these had not picked up the voids found. The problem was exasperated exacerbated by the lack of accurate maps held by the owners of the site. 

Resolved: That

a)     progress made on the scheme despite difficult market conditions associated with the Covid-19 pandemic and abnormal site

conditions encountered and the Council’s ability to minimise disruptions to leisure services for the local community, be noted;

b)     due to unforeseen circumstances that additional costs associated with the construction of the scheme had to be incurred, be noted;

c)     an increase to the Capital Programme by up to £2,995,379, be approved, and it be recognised that a significant proportion of the amount was risk assessed contingency and may not materialise.

c)             Bevan Place, Swanley Development  ...  view the full minutes text for item 41.

a)            Future Appointment of External Auditors

It was moved by Cllr McGarvey and seconded by Cllr Morris that the Council opt into the sector led option for the appointment of external auditors for five financial years. The report set out the request for full Council to make a decision to either opt into the national framework for the procurement of external audit or to run a separate procurement exercise.

Councillor Fleming declared a non-pecuniary interest that he was the Chair of the company that appoint PSAA to do the work on behalf of Local Government

Resolved: That Council accepts the public Sector Audit Appointment’s invitation to opt into the sector-led option for the appointment of external auditors to principal local government and police bodies for five financial years from 1 April 2023.

b)           Audit Committee Independent Members

It was moved by Cllr McGarvey and seconded by Cllr Morris that the appointment of up to two additional co-opted non-voting members, with an allowance of £800 per annum, be agreed.

Cllr McGarvey spoke to the motion advising that the Constitution allowed for full to appoint up to two Independent Members to Audit Committee. This had been considered by the Audit Committee and it was agreed that by having up to two Independent Members this would allow only one appointment to be made should only one candidate be sufficient.

Members debated the item expressing pros and cons to the proposal.

Resolved: That the appointment of up to two additional co-opted non-voting members with an allowance of £800 per annum each, be agreed.

a)             Pay Policy Statement

Cllr Fleming moved and Cllr Dickins seconded that the Pay Policy Statement was adopted and published on the Council’s website. The report set out the Council’s policies relating to the remuneration of each of its chief officers, the remuneration of its lowest paid employees and the relationship between the two. It was a requirement of the Localism Act that the Pay Policy Statement was approved annually by full Council.

Resolved: That the Pay Policy Statement be adopted by the Council and be published on the Council’s website.

No questions had been received.

No motions had been received.

The Leader of the Council reported on the work that he and the Cabinet had undertaken in the period from 1 November 2021 – 4 February 2022.

Members considered the quarterly report on special urgency decisions.

Resolved:  That the report be noted.

Members noted the report presented by the Chairman of the Audit Committee, Cllr McGarvey.