Agenda and minutes

Venue: Assembly Room

Contact: Email: townhall@tenterdentowncouncil.gov.uk 

Items
No. Item

3356.

APOLOGIES FOR ABSENCE.

Minutes:

Cllrs. Miss. A. Gardner, C. Knowles, Dr. L. Lovelidge, R. Parkin and Mrs. P. Smith.

 

3357.

DECLARATIONS OF INTEREST.

Minutes:

 

Cllrs. Crawford and Quinton declared an interest in Legal Advice regarding Limes Land. 

 

3358.

QUESTIONS FROM MEMBERS OF THE PUBLIC AND COUNCILLORS.

Residents may speak as of right on any matter for no more than 3 minutes subject to stating their full name and address before speaking.

Minutes:

None.

3359.

LEGAL ADVICE REGARDING LIMES LAND. pdf icon PDF 236 KB

 

To approve the cost of legal advice regarding the Land between Woodchurch Road and Appledore Road as agreed by the Planning Committee on 3rd February 2020 *:

 

(a)         legal advice regarding windfall sites at a cost of £1,600 plus VAT;

 

(b)         legal advice regarding Environmental Impact Assessment at a cost of £2,700 plus VAT.

 

Minutes:

 

Cllr. Mrs. Walder reported that she had spoken to Borough Councillors C. Knowles and P. Clokie who confirmed that the Town Council cannot expect or rely on Ashford Borough Council’s Legal Department to provide assistance on either of the legal matters being discussed with regard to Limes Land, or provide legal advice on any planning matters. 

 

Cllr. Mrs. Walder reported that the Planning Officer dealing with the Limes Land application is an Environmental Impact Assessment specialist and, whilst the proposed funding for legal advice regarding the EIA should still be considered, Cllr. Knowles had suggested waiting for the Planning Officer to advise. 

 

Cllr. Nelson enquired as to what issues the Town Council were seeking legal advice on.  The Town Clerk reported that there does not appear to be a set limit on windfall either in Ashford Local Plan 2030 or in the National Planning Policy Framework, but as he understood, legal advice would be available in case law and other precedents. This would be advice for all applications, not just limited to Limes Land.

 

Cllr. Carter did not agree with the proposal for legal advice, given that ABC were currently looking at two other large applications under windfall.  Cllr. Mrs. Walder felt that the windfall issue required challenging.  Cllr. Mulholland agreed with pursuing legal advice on windfall and reported that the view of Ashford’s Leader on the whole issue is looking at a broader viewpoint.  Cllr. Mulholland felt that a non-biased view would be acceptable.

 

Cllr. Crawford reported that £1,600 for a matter for the whole of Tenterden seemed a low cost in comparison to other expenditure spent in the Town; such an important item must receive clarification.

 

Cllr. Mrs. Ferguson questioned why ABC did not define a number for windfall in their Local Plan; Cllr. Mrs. Walder commented that should the Local Plan be revised and revisited, it is hoped that the Town Council make strong representations.

 

It was RESOLVED to seek legal advice regarding windfall at a cost of £1,600.00 plus VAT.  It was agreed to DEFER the decision regarding legal advice on the EIA pending advice from Borough Councillors C. Knowles and P. Clokie.

 

Cllr. Carter voted against the proposal to fund legal advice for the windfall and Cllr. Mrs. Ferguson abstained from voting.

 

3360.

TOWN COUNCIL WEBSITE.

 

To approve, if so agreed by the Internal Committee on 10th February 2020, the upgrade of the Content Management System and refresh of the Town Council’s website.

 

Minutes:

 

It was RESOLVED to upgrade the Content Management System and undertake a Website Design Refresh at a cost of £4,420 plus VAT.  It was also RESOLVED to opt for quarterly updates of the Content Management System at a cost of £195 plus VAT per quarter.