Apologies for absence were received from Councillors Barwick, Clark, Cooke, Jones, Riordan, Spooner and Wilby.

There were no applications for dispensations.

There were no disclosures by Members or Officers.

There were no disclosures of lobbying.

RESOLVED: That all items on the agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the extraordinary meeting of the Borough Council held on 25 September 2024 be approved as a correct record and signed.

RESOLVED:  That the Minutes of the meeting of the Borough Council held on 25 September 2024 be approved as a correct record and signed.

The Mayor, representatives of the other political groups (Councillors T Sams, English, Cleator and Harper), and Councillor Harwood paid tribute to Mrs Wendy Marlow, a former Member of the Borough Council, who passed away in August.

The Mayor advised the Council that the Mayor’s Personal Assistant, Julie Webb, would be retiring at the end of December.  Julie had been a marvellous support for him along with the Civic Officers, Ray and Russell.  She had done a fabulous job for many Mayors over the years, and she would be missed.  He wished to give his personal thanks to Julie for all her hard work and support.

The Mayor then updated the Council on recent and forthcoming engagements explaining that:

·  It had been a busy time with attendance at numerous events such as the High Sheriff of Kent’s Justice Service held at Rochester Cathedral; the auction of Shaun the Sheep, which raised over £250,000 for the Heart of Kent Hospice; the Sight Matters Exhibition at Maidstone Leisure Centre sponsored by the Kent Association for the Blind; the celebration of the 40th anniversary of the opening of Maidstone's Combined Court Centre; the Remembrance Day services; the licensing of the new Vicar at St Andrew’s Church, Tonbridge Road; the Voices for Hospices Concert at the Mote Hall; the Maidstone Mediation AGM and the Citizens’ Advice Bureau AGM; and the Maidstone Indian Community Diwali Celebrations 2024.

·  Forthcoming events included the Light Up A Life Remembrance Service at The Friars and the charity Quiz Night.

The Mayor then mentioned two charity events which had been very successful; one held at the Balfour Winery, Hush Heath and the traditional Garden Party at Turkey Mill.

The Mayor concluded by thanking the Deputy Mayor for his support and by saying that he was very proud to promote the Borough and the Council and the work that it does.

There were no petitions.

There were no questions from Local Residents.

(a)  Leader of the Council

(b)  Cabinet Members

(c)  Chairmen of Decision-Making Committees

Councillor Springett to the Cabinet Member for Planning Policy and Management

Planning applications are often contentious, but conditions can be applied to mitigate impacts and make the development more acceptable. However, we rely on the planning enforcement team to deal with situations where conditions are not complied with.  Residents rely on us and trust us to do this.  Residents also expect us to deal with unauthorised development.

The previous administration ensured that the planning enforcement team was fully funded and fully staffed to undertake proper enforcement.  Can the Cabinet Member for Planning Policy and Management please confirm that this department is still fully funded and fully staffed?

The Cabinet Member for Planning Policy and Management responded to the question.

Councillor Springett asked the following supplementary question of the Cabinet Member for Planning Policy and Management:

As you have confirmed that this department is one short, is there any point whatsoever in putting planning conditions on any planning applications if we are intentionally and deliberately leaving this important department understaffed?  I am aware that enforcement issues are not being pursued with the vigour that they were being pursued eighteen months ago.  Is there any point in putting conditions on a planning application?

The Cabinet Member for Planning Policy and Management responded to the question.

Councillor Russell to the Cabinet Member for Planning Policy and Management

Within my ward and within your time in administration, the village of Yalding has recently been subjected to a Section 78 planning appeal for non-determination by the planning authority for an outline planning application for circa 112 houses.  Following on from this the Parish Council and I made clear that this should not be allowed to happen again as this represents a failure of the Maidstone Borough Council planning authority to perform their statutory function.  Just this month, the village of Yalding was once again subjected to a Section 78 planning appeal against non-determination by the planning authority for an application that concerns the former public house, The George.  This will now be determined by a planning inspector with no local knowledge of the history of the application under the system of written representations. 

As the Cabinet Member for Planning Policy and Management, how will you make sure that the planning department has the necessary resources and skills within it to make sure that these Section 78 appeals for non-determination do not happen within the Borough again?

The Cabinet Member for Planning Policy and Management responded to the question.

Councillor Russell asked the following supplementary question of the Cabinet Member for Planning Policy and Management:

That was a long answer to just say your end date is coming up, set yourself a reminder, if you are not going to get it done, may be refuse the application and let it go to appeal on that basis rather than non-determination.  My question will sound like a former colleague of mine, Marion Ring.  As my residents say just start by getting the bins emptied and the planning right  ...  view the full minutes text for item 96.

Councillor Jeffery, the Leader of the Council, submitted his report on current issues.  After Councillor Jeffery had submitted his report, Councillor Russell, the Leader of the Conservative Group, Councillor English, the Leader of the Liberal Democrat Group, Councillor Cleator, the Leader of the Labour Group, and Councillor Harper, the Leader of the Independent and Fant and Oakwood Group, responded on the issues raised.

Councillor Jeffery then responded to questions on matters relevant to his role as Leader.

It was moved by Councillor Field, seconded by Councillor Trzebinski, that the recommendation of the Audit, Governance and Standards Committee relating to the Committee’s Annual Report to Council 2023/24 be approved.

RESOLVED:  That the Audit, Governance and Standards Committee Annual Report to Council 2023/24, which demonstrates how the Committee discharged its duties during 2023/24, be noted.

It was moved by Councillor McKay, seconded by Councillor D Naghi, that the recommendation of the Licensing Committee relating to the Gambling Act 2005 Statement of Licensing Policy 2025-2028 be approved.

RESOLVED:  That the Gambling Act 2005 Statement of Licensing Policy 2025-28, attached as Appendix 1 to the report of the Licensing Committee, be adopted as of 30 January 2025.

It was moved by Councillor Jeffery, seconded by Councillor English, that the recommendation of the Cabinet relating to the Council Tax Reduction Scheme 2025/26 be approved.

RESOLVED:

1.  That the Council Tax Reduction Scheme be continued with the principles of the existing scheme and the percentage awards (maximum award of 80%) continue for 2025/26.

2.  That grid amounts be amended in line with the DWP annual percentage increase of welfare benefits for 2025/26.

Notice of the following motion has been given by Councillor Harper, seconded by Councillor Forecast:

The Council will be aware of the continuing problems associated with overdevelopment in the Fant area of the Fant & Oakwood Ward, as well as in the wider ME16 8 postcode.

These issues are accentuated by the ability to convert single family residential homes into Houses of Multiple Occupancy (HMOs) with no more than 6 persons under permitted development without the need for planning permission or democratic oversight.  In Fant this has been a major topic of concern in the former ward for over 5/6 years.

We all too frequently see property owners and developers ‘abusing’ permitted development rights to extend a house to the rear and in the attic under permitted development rights and then also under permitted development rights making it a 6 bedroomed HMO with no requirement for planning control or for residents to have a democratic input.

Action to resolve this can be done.  In September 2021 a motion was submitted to Council asking for an ‘Article 4direction’ to remove this permitted development right.  This will not prevent HMOs in the area being proposed but will make all HMOs subject to the democratic processes of seeking planning permission (large scale HMOs i.e. more than 6 persons already require planning permission).  Alternatives have been suggested such as address Updated Local Plan policies, looking into Parking Standards, even involving the Valuation Office to revalue HMOs and use the extra Council Tax for projects in afflicted areas.

Nothing happens.  In Fant & Oakwood Ward conversion of properties to HMOs is occurring at a rate of between 1 a month and 1 a week.  The area, and other areas referred to, cannot take more of this.  The character of inner urban Maidstone is changing from Residential to HMO based at a rapid rate.

There is nothing wrong with the concept of HMOs; they are a required element of housing reflecting the broken housing market.  In an appropriate building with amenity space, and space for off-street car parking they can be accepted, but this is not what we see on the ground.

Residents want to see action now.  The time for action is now.

This Council therefore agrees to:

1.  Recognise that the uncontrolled development of HMOs under permitted development has had a negative impact in this densely populated and congested area, especially on grounds of sustainability and infrastructure, highlighted by problems associated with parking issues and the continuing inability of HMO conversions to demonstrate car parking provision in accordance with the local development plan.

2.  Build a substantial evidence portfolio and subsequently impose an Article 4 direction to remove permitted development rights to convert residential properties from C3 use to C4 use and C4 use to C3 use in the ME16 8 postcode.

3.  Review Parking Restrictions to make them more fit for purpose and to recognise that even if people do not use them daily most households in the inner urban area have  ...  view the full agenda text for item 101.

The following motion was moved by Councillor Harper, seconded by Councillor Forecast:

The Council will be aware of the continuing problems associated with overdevelopment in the Fant area of the Fant & Oakwood Ward, as well as in the wider ME16 8 postcode.

These issues are accentuated by the ability to convert single family residential homes into Houses of Multiple Occupancy (HMOs) with no more than 6 persons under permitted development without the need for planning permission or democratic oversight.  In Fant this has been a major topic of concern in the former ward for over 5/6 years.

We all too frequently see property owners and developers ‘abusing’ permitted development rights to extend a house to the rear and in the attic under permitted development rights and then also under permitted development rights making it a 6 bedroomed HMO with no requirement for planning control or for residents to have a democratic input.

Action to resolve this can be done.  In September 2021 a motion was submitted to Council asking for an ‘Article 4direction’ to remove this permitted development right.  This will not prevent HMOs in the area being proposed but will make all HMOs subject to the democratic processes of seeking planning permission (large scale HMOs i.e. more than 6 persons already require planning permission).  Alternatives have been suggested such as address Updated Local Plan policies, looking into Parking Standards, even involving the Valuation Office to revalue HMOs and use the extra Council Tax for projects in afflicted areas.

Nothing happens.  In Fant & Oakwood Ward conversion of properties to HMOs is occurring at a rate of between 1 a month and 1 a week.  The area, and other areas referred to, cannot take more of this.  The character of inner urban Maidstone is changing from Residential to HMO based at a rapid rate.

There is nothing wrong with the concept of HMOs; they are a required element of housing reflecting the broken housing market.  In an appropriate building with amenity space, and space for off-street car parking they can be accepted, but this is not what we see on the ground.

Residents want to see action now.  The time for action is now.

This Council therefore agrees to:

1.  Recognise that the uncontrolled development of HMOs under permitted development has had a negative impact in this densely populated and congested area, especially on grounds of sustainability and infrastructure, highlighted by problems associated with parking issues and the continuing inability of HMO conversions to demonstrate car parking provision in accordance with the Local Development Plan.

2.  Build a substantial evidence portfolio and subsequently impose an Article 4 direction to remove permitted development rights to convert residential properties from C3 use to C4 use and C4 use to C3 use in the ME16 8 postcode.

3.  Review Parking Restrictions to make them more fit for purpose and to recognise that even if people do not use them daily most households in the inner urban area have at least one  ...  view the full minutes text for item 101.

Notice of the following motion has been given by Councillor Jenkins-Baldock, seconded by Councillor Greenan:

Maidstone Borough Council recognises the important and disturbing issue of violence against women and girls (VAWG) within our community. Violence against women and girls is a widespread and persistent problem, with serious consequences for those affected and the community as a whole, as it presents a barrier to safety, wellbeing and equality. It includes physical, emotional, and sexual violence, and occurs in many forms, including domestic violence, sexual assault, spiking and harassment.

Recent statistics highlight whilst there has been some improvement, there is still more work that could be done. Between November 2022 to October 2023 there were 3703 reports to the police of Violence Against Women and Girls in the borough.

We also know that these are significantly under reported incidents with many women and girls being unlikely to come forwards or afraid to report what has happened to them.

Maidstone Borough Council is committed to ensuring that women and girls feel safe and supported in all aspects of their lives, especially in public spaces and at night. We understand the vital importance of tackling violence against women and girls as part of our broader commitment to ensuring safety and equality for all members of our community.

In light of these concerning statistics and incidents, the Council commits to the following actions:

1. Developing a Broader VAWG Strategy:
   The Council will work towards developing a comprehensive strategy to tackle violence against women and girls, including the introduction of public awareness campaigns and bystander training to challenge problematic behaviours, attitudes, and beliefs. This strategy will outline concrete steps to increase the safety of women and girls in Maidstone, with a particular focus on vulnerable populations.

2. Promoting a Women's Night-Time Safety Charter:
   The Council will support and promote a Women's Night-Time Safety Charter to improve the safety of women in public spaces after dark. This includes working with local businesses, especially bars, pubs, and taxi services, to commit to safer practices, including better training for staff and drivers to ensure women's safety.

3. Leveraging Licensing Tools:
   We propose to explore the use of licensing tools, including taxi and bar/pub licensing, to enhance the safety of women and girls in the borough. This includes implementing additional measures such as improved driver safety checks, the introduction of clear signage in taxis, and ensuring safe transportation options are readily available for women at night.

4. Making Women's Safety Central to Town Planning:
   The safety of women and girls will be incorporated into all town planning and development discussions, ensuring that public spaces are designed with safety in mind. This includes improved lighting, more accessible public transport routes, and the creation of safe public spaces that encourage women to feel comfortable and secure in all areas of the borough.

5. Achieving White Ribbon Accreditation:
   Maidstone Borough Council will work towards becoming a White Ribbon Accredited Organisation. White Ribbon UK promotes the idea of men and boys working to end  ...  view the full agenda text for item 102.

The following motion was moved by Councillor Jenkins-Baldock, seconded by Councillor Greenan:

Maidstone Borough Council recognises the important and disturbing issue of violence against women and girls (VAWG) within our community. Violence against women and girls is a widespread and persistent problem, with serious consequences for those affected and the community as a whole, as it presents a barrier to safety, wellbeing and equality.  It includes physical, emotional, and sexual violence, and occurs in many forms, including domestic violence, sexual assault, spiking and harassment.

Recent statistics highlight whilst there has been some improvement, there is still more work that could be done.  Between November 2022 to October 2023 there were 3703 reports to the police of Violence Against Women and Girls in the Borough.

We also know that these are significantly under reported incidents with many women and girls being unlikely to come forwards or afraid to report what has happened to them.

Maidstone Borough Council is committed to ensuring that women and girls feel safe and supported in all aspects of their lives, especially in public spaces and at night.  We understand the vital importance of tackling violence against women and girls as part of our broader commitment to ensuring safety and equality for all members of our community.

In light of these concerning statistics and incidents, the Council commits to the following actions:

1. Developing a Broader VAWG Strategy:
   The Council will work towards developing a comprehensive strategy to tackle violence against women and girls, including the introduction of public awareness campaigns and bystander training to challenge problematic behaviours, attitudes, and beliefs.  This strategy will outline concrete steps to increase the safety of women and girls in Maidstone, with a particular focus on vulnerable populations.

2. Promoting a Women's Night-Time Safety Charter:
   The Council will support and promote a Women's Night-Time Safety Charter to improve the safety of women in public spaces after dark. This includes working with local businesses, especially bars, pubs, and taxi services, to commit to safer practices, including better training for staff and drivers to ensure women's safety.

3. Leveraging Licensing Tools:
   We propose to explore the use of licensing tools, including taxi and bar/pub licensing, to enhance the safety of women and girls in the Borough. This includes implementing additional measures such as improved driver safety checks, the introduction of clear signage in taxis, and ensuring safe transportation options are readily available for women at night.

4. Making Women's Safety Central to Town Planning:
   The safety of women and girls will be incorporated into all town planning and development discussions, ensuring that public spaces are designed with safety in mind.  This includes improved lighting, more accessible public transport routes, and the creation of safe public spaces that encourage women to feel comfortable and secure in all areas of the Borough.

5. Achieving White Ribbon Accreditation:
   Maidstone Borough Council will work towards becoming a White Ribbon Accredited Organisation.  White Ribbon UK promotes the idea of men and boys working to end violence against women.  ...  view the full minutes text for item 102.

It was moved by Councillor Jeffery, seconded by Councillor English, and

RESOLVED:  That the report setting out details of urgent decisions taken by the Cabinet between 2 May 2024 to 4 December 2024 be noted.

The Mayor presented a certificate to Mrs Cynthia Robertson confirming her appointment as an Honorary Alderman of Maidstone Borough Council.

Mrs Robertson then addressed the Council and thanked Members for her appointment.

7.15 p.m. to 9.25 p.m.