Sundridge with Ide Hill Parish Council
To: The Members of the Parish Council of Sundridge with Ide Hill I hereby summon you to attend a Meeting of the Parish Council to be held in the VILLAGE HALL, IDE HILL commencing at 7.00 p.m. on Monday 17 June 2019 to transact the undermentioned business. Clerk 11 June 2019 AGENDA 1. To receive apologies and reasons for absence. 2. To receive declarations of personal, prejudicial and disclosable pecuniary interests on items on the agenda and updates to members’ register of interests. 3. To approve as a correct record the Minutes (enclosed) of the Parish Council meeting held on 20 May 2019 4. To take Matters arising from the Minutes where these are not covered under the subject headings below 5. A Public Open Session. Members of the public will be welcome to address the Parish Council with any local concerns they have. Please note this item will be limited in time at the discretion of the Chairman. 6. To consider, and approve if appropriate, which agenda items are sufficiently confidential as to warrant exclusion of members of the press and public under the provisions of The Public Bodies (Admission to Meetings) Act 1960 7. Items for decision and allocation of resources if necessary. 7. 1 Annual Return 2018/19 7.1.1 To approve Annual Governance Statements for 2018/19 7.1.2 To approve Accounting Statements for 2018/19 7.2 To discuss and agree, if appropriate, the next actions with regard to the grant for Ide Hill Village Hall Trust 7.3 To discuss and agree, if appropriate, the next actions with regard to Ide Hill public conveniences 7.4 To approve/note items payable and paid 7.5 To discuss and agree, if appropriate, forming a new PR and Communications Committee 7.6 To agree the membership of Committees and Chair of Committees 7.7 To agree Appointment of Representatives of the Parish Council on Outside Bodies 7.8 To approve the Standing Orders 7.9 To discuss and agree, if appropriate, the next actions with regard to the Sundridge Community Land Trust 8.0 Items for report 8.1 Amenities 8.1.1To note the Clerk’s Amenities Report 8.1.3 To note asset register and agree Members to undertake an asset check 8.2 Stubbs Wood 8.2.1 To receive update 8.3 Finance 8.3.1 To note Budget for 2019/20 8.3.3 To receive verbal update from Finance Committee Meeting (immediately preceding Full Council Meeting) 9.0 Items for noting 9.1 Correspondence 9.1.1 To note general correspondence. 9.2 Meeting Dates 9.2.1 To note the dates of meetings for 2019/20 10. Urgent Business that occurs and requires attention before the next meeting may be reported at the Chairman’s discretion. 11. Date of next meeting Monday 15 July 2019 at Sundridge Village Hall
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Please find below information to support the Agenda Items for the meeting of the Full Council on
Monday June 17 at 7pm – Ide Hill Village Hall
WiFi Code: IHvh6157
1. To receive apologies and reasons for absence – Cllr Furse, Banbrook and Miller
3. To approve as a correct record the Minutes (enclosed) of the Parish Council meeting held on 20 May 2019 – attached
4. To take Matters arising from the Minutes where these are not covered under the subject headings below
8.2 Sundridge and Brasted Social Club - the final lease to be signed is attached and will be signed by the Chair and Clerk at tonight’s meeting.
6. To consider, and approve if appropriate, which agenda items are sufficiently confidential as to warrant exclusion of members of the press and public under the provisions of The Public Bodies (Admission to Meetings) Act 1960
The Clerk is advising Members to consider discussed Agenda Item 7.9 in confidence.
7. Items for decision and allocation of resources if necessary. 7. 1 Annual Return 2018/19 7.1.1 To approve Annual Governance Statements for 2018/19 - attached 7.1.2 To approve Accounting Statements for 2018/19 - attached
7.2 To discuss and agree, if appropriate, the next actions with regard to the grant for Ide Hill Village Hall Trust – attached
7.3 To discuss and agree, if appropriate, the next actions with regard to Ide Hill public conveniences - attached
7.4 To approve/note items payable and paid – attached
7.5 To discuss and agree, if appropriate, forming a new PR and Communications Committee – attached
7.6 To agree the membership of Committees and Chair of Committees – attached
7.7 To agree Appointment of Representatives of the Parish Council on Outside Bodies – attached
7.8 To approve the Standing Orders – attached Two amendments to consider: a. Planning Committee – now being carried out by email – see 3y. b. Discuss the option of amending the quorum of the Full Council to 5 Members – see 3v.
7.9 To discuss and agree, if appropriate, the next actions with regard to the Sundridge Community Land Trust – Attached and also forwarded the pre-planning application. Overview - attached.
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8.0 Items for report 8.1 Amenities 8.1.1To note the Clerk’s Amenities Report - attached 8.1.2 To note asset register and agree Members to undertake an asset check – attached
8.2 Stubbs Wood 8.2.1 To receive update 8.3 Finance 8.3.1 To note Budget for 2019/20 –attached 8.3.3 To receive verbal update from Finance Committee Meeting (immediately preceding Full Council Meeting) – meeting has been cancelled as there was not enough Members to attend. 9.0 Items for noting 9.1 Correspondence 9.1.1 To note general correspondence - attached 9.2 Meeting Dates 9.2.1 To note the dates of meetings for 2019/20 – attached – note the addition of an Amenities Committee meeting on Monday 8 July 2019. 10. Urgent Business that occurs and requires attention before the next meeting may be reported at the Chairman’s discretion. 11. Date of next meeting Monday 15 July 2019 at Sundridge Village Hall
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AGENDA ITEM 3.0 Sundridge with Ide Hill Parish Council Minutes of Full Council Meeting Monday 20 May, 7.00 pm Sundridge Village Hall
Present: Councillors Allgood, Darby, Evans (Chair), Kempster (from Agenda Item 2.2) and Powell (from Agenda Item 2.2) Attendance: Amanda Barlow (Clerk) and 1 member of the public
The Clerk advised that the election of Chair must take place prior to the co-option. 2. Annual General Meeting 2.1 To elect a Chair. Members resolved to elect Cllr Evans as Chairman of the Parish Council. Members resolved that those Members who were unable to attend the meeting should be allowed to complete their Declaration of Office at the next Full Council meeting. 1. To co-opt a member(s) to the Council for the two vacancies not filled at the election Members resolved to elect Ann Powell (Sundridge ward) and David Kempster (Ide Hill ward) to the Parish Council. 2. Annual General Meeting 2.2 To elect a Vice-Chair. Members resolved to elect Cllr Kempster as Vice Chairman of the Parish Council. 2.3 To elect Committee Members. Members resolved to agree to elect the Members at the next Parish Council meeting. 2.4 To elect Committees Chairs Members resolved to agree to elect the Members at the next Parish Council meeting. 2.5 Appointment of Members to the Areas of Responsibility Members resolved to agree to elect the Members at the next Parish Council meeting. 2.6 Appointment of Representatives of the Parish Council on Outside Bodies Members resolved to agree to elect the Members at the next Parish Council meeting. Signed Declarations of Acceptance of Office from the Chair and Vice Chair will be given to the Clerk. Cllr Evans requested that Members did not continually email the Clerk with persistent emails. 8. To receive apologies and reasons for absence. Apologies were received and accepted by Cllr Banbrook, Cllr Jones, Cllr Baker, Cllr Nash, Cllr Miller and Cllr Furse. 9. To receive declarations of personal, prejudicial and disclosable pecuniary interests on items on the agenda and updates to members’ register of interests. Cllr Darby declared a personal interest in Agenda Item 8.2. 10. To approve as a correct record the Minutes of the Parish Council meeting held on 15 April 2019 The minutes were signed as a true and accurate record. 11. To take Matters arising from the Minutes where these are not covered under the subject headings below The Clerk advised that she has now signed the Deed of Easement for Ide Hill Green. 12. A Public Open Session. Members of the public will be welcome to address the Parish Council with any local concerns they have. Please note this item will be limited in time at the discretion of the Chairman. Simon, the manager of Sundridge and Ide Hill Football Club thanked the Parish Council for their support and invited Members and the public to attend their open day on 23 June. Simon asked if the Parish Council could look at the floodlights for the football pitches. 13. Items for decision and allocation of resources if necessary. 8.1 To discuss and agree, if appropriate, the next actions with regard to Sundridge Recreation Ground Members resolved that Sundridge & Brasted Primary School should use the Sundridge Recreation Ground free of charge on 12 July 2019. Members resolved that the Clerk should ask Cllr Nash if he would negotiate with Radnor House a suitable arrangement to use the Sundridge Recreation Ground. (Action: Clerk and Cllr Nash) 8.2 To discuss and agree, if appropriate, the next actions with regard to Sundridge and Brasted Social Club
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Members resolved that the lease with Sundridge and Brasted Social Club should be signed by the Chair and the Clerk. (Action: Chair and Clerk). 8.3 To discuss and agree, if appropriate, the next actions with regard to the Ide Hill Public Conveniences The Clerk advised that she has appointed a new cleaning company on a temporary contract to the end of June 2019. Members resolved that the Clerk should appoint a plumber to deal with the issues in the men’s toilets. 8.4 To discuss and agree if appropriate, the next actions with regard to the Annual Parish Meeting Members agreed the Clerk should invite the Chairs of the neighbouring Parish Councils. Members asked the Clerk to produce leaflets. Cllr Powell kindly offered to arrange refreshments. 8.5 To agree, if appropriate, conducting the business of the Planning Committee by email Members resolved that the Planning Committee should conduct their business by email. (Action: Clerk). 8.6 To agree, if appropriate, awarding a grant to the Church for grass cutting Members resolved that a grant of £1,965 should be awarded to the Parochial Church Council towards the maintenance of Sundridge Churchyard. (Action: RFO) 8.7 To agree the bank signatories Members resolved that David Kempster and Martin Darby be bank signatories. 8.8 To agree if appropriate the subscription to the KCPFA Members resolved to approve a subscription to the KCPFA. (Action: RFO). 8.9 To approve/note items payable and paid Members resolved to approve items payable and paid at Appendix A. 9.0 Items for report 9.1 Amenities 9.1.1 To note the items on the Amenities Report Noted. It was agreed that Cllr Kempster should carry out the asset check in Ide Hill. 9.2 Finance 9.2.1 To note Budget Noted. 9.2.2 To note Community Infrastructure Levy payment Noted. 10. Items for noting 10.1 Correspondence 10.1.1 To note correspondence Noted at Appendix B. 10.1.2 To note correspondence from Sevenoaks District Council on submission of Local Plan Noted. 11.1 Urgent Business that occurs and requires attention before the next meeting may be reported at the Chairman’s discretion. Cllr Evans reported that he has advised Cllr Piper that there have been some issues at the Lido site. Cllr Evans advised that the CLT would like to address the Parish Council. 12. Date of next meeting Monday June 17 2019 at Ide Hill Village Hall
Annual Parish Meeting is on Monday 5 June 2019 at Sundridge Village Hall at 7pm
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Appendix A
Cheque Total Basic Contract / Cllr VAT No Payee Details Payable Amount Authorised £ £ £ 893 Mr S Goacher Payroll Annual invoice 228.30 - 228.30 894 castle water Sun Pavillion 29.30 - 29.30 895 castle water Pubic convenience 30.10 0.00 30.10 896 Eon Street Lighting 995.47 - 995.47 897 SDC Rates public toilets (paid in May) - 898 Mrs A Barlow Clerks Salary 1,029.88 - 1,029.88 899 Mrs F Hensher RFO Salary 174.79 - 174.79 900 Clerks Expenses Mrs A Barlow 127.91 - 127.91 901 RFO Expenses Mrs F Hensher 55.35 - 55.35 902 Streetlights Repairs 117.30 19.55 97.75 903 KCS Photocopier 203.51 33.92 169.59 904 KALC Subscription 749.90 124.98 624.92 905 Initial Washroom contract 591.56 - 591.56 906 Rentokil Washroomn deep clean 1,379.81 229.97 1,149.84 907 Mr J Evans Golden prizes Spring clean 60.00 - 60.00 908 Rural Kent Subscription 75.00 - 75.00 Total Invoices 5,848.18 408.42 5,439.76
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Appendix B
Correspondence 19 04 12 to 19 05 17
1. Some Kent Tree and Pond Warden activities 2. The Rural Bulletin - 16 April 2019 3. NALC Chief executive's bulletin - 12 April 2019 4. SDC - 22 - Local Lettings Plan for Oakley Park, St Johns Way, Edenbridge 5. Town & Parish Councils - 22 - Local Lettings Plan for Oakley Park, St Johns Way, Edenbridge 6. KALC Chief executive's bulletin 7. SDC - 23 (2018/19) - On Street Waivers, Suspensions and Charges for using in Parking Bays 8. KALC ALERT - Doorstep criminals roofing scam across Kent 9. KALC - NATIONAL CSSC Green Message - NCTPHQ Bulletin 17 April 2019 10. The Rural Bulletin - 24 April 2019 11. KALC - NATIONAL CSSC Green Message - UK Protect Bulletin – Advice to Crowded Places - 18 April 2019 12. KALC - NATIONAL CSSC Green Message - NCTPHQ UK Protect Incident Advisory Message – Sri Lanka – 21st April 2019 13. Keep Britain Tidy - Thank You #LitterHeroes 14. KALC EVENTS 15. KALC NEWS - APRIL 2019 16. KALC - Chief executive's bulletin 17. KALC - NATIONAL CSSC Green Message - UK Protect Message – Launch of ACT Strategic 26 April 2019 18. KALC - Community-Led Housing and Self-Build Conference 2019 19. SDC - 24 (2018/19) - Land Transfers to Swanley Town Council25 (2018/19) - Transfer of £2.75m to Quercus Housing from S106 affordable housing developer contributions 20. RSN Rural Funding Digest - May 2019 21. KALC - CAME AND CO. SPRING 2019 MAGAZINE 22. Invitation to Discover Gatwick 2018/19 23. KALC - Chief executive's bulletin 24. The Rural Bulletin - 08 May 2019 25. Stormsaver- Rainwater harvesting for Sundridge With Ide Hill Parish Council 26. KCC Highways and Transportation message to Parish and Town Councilsabout Working better Together 27. KALC'S DYNAMIC COUNCILLOR EVENTS 28. SDC - Extra Events on Family Fun Days 29. Kent Police -Community safety unit 30. KCC - Kent Mineral Sites Plan and Early Partial Review of the KMWLP:Submission Notification 31. SDC - Development Control Committee – 25 April 2019 – Minutes 32. The Rural Bulletin - 14 May 2019The Rural Bulletin - 14 May 2019 33. FW: KCC Household Waste Recycling Centres' - charging policy fornon-household waste materials starts on Monday 3 June 34. KALC - Notes on Neighbourhood Planning 35. KALC - Planning Reform - Outcome of Government Consultation
AGENDA ITEM 4.8.2
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Sundridge & Brasted Social Club and Land TN14 6ET
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AGENDA ITEM 4.8.2
DATED 2019
LEASE
relating to
LAND AND BUILDINGS KNOWN AS THE SUNDRIDGE AND BRASTED SOCIAL CLUB, 132 MAIN ROAD, SUNDRIDGE, KENT TN14 6ET
between
BRASTED PARISH COUNCIL AND SUNDRIDGE WITH IDE HILL PARISH COUNCIL (1)
and
SUNDRIDGE AND BRASTED SOCIAL CLUB (2)
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THIS LEASE is dated 2016
PARTIES (1) BRASTED PARISH COUNCIL c/o The Clerk, P O Box 576 Sevenoaks, TN13 9RT, and SUNDRIDGE WITH IDE HILL PARISH COUNCIL c/o The Clerk, 11 Clover Way, Paddock Wood, Kent TN12 6BQ (Landlord). (2) SUNDRIDGE AND BRASTED SOCIAL CLUB, 132 Main Road, Sundridge, Kent TN13 6ET (Tenant).
AGREED TERMS
Interpretation The following definitions and rules of interpretation apply in this lease.
Definitions: Annual Rent: rent at an initial rate of £1.00 per annum. Contractual Term: a term of years beginning on, and including 12 December 2013 and ending on, and including 10 November 2020. CDM Regulations: the Construction (Design and Management) Regulations 2007 (SI 2007/320). Default Interest Rate: 4% per annum above the Interest Rate. Insured Risks: means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which the Tenant and Landlord decide that the Tenant is to insure against from time to time and Insured Risk means any one of the Insured Risks. Interest Rate: the base rate from time to time of Barclays Bank, or if that base rate stops being used or published then a comparable commercial rate reasonably determined by the Landlord. LTA 1954: Landlord and Tenant Act 1954. Permitted Part: residential flat on the first floor of the Property. Permitted Use: clubhouse, pavilion and bowling green within Use Class D2 of the Town and Country Planning (Use Classes) Order 1987 as at the date this lease is granted. Property: the land and building known as The Sundridge and Brasted Social Club, 132 Main Road, Sundridge, Kent TN14 6ET shown edged red on the attached plan. Rent Payment Date: 25 December. Reservations: all of the rights excepted, reserved and granted to the Landlord by this lease. Service Media: all media for the supply or removal of heat, electricity, gas, water, sewage, energy, telecommunications, data and all other services and utilities and all structures, machinery and equipment ancillary to those media. Third Party Rights: all rights, covenants and restrictions affecting the Property. VAT: value added tax chargeable under the VATA 1994 and any similar replacement tax and any similar additional tax. VATA 1994: Value Added Tax Act 1994.
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A reference to this lease, except a reference to the date of this lease or to the grant of the lease, is a reference to this deed and any deed, licence, consent, approval or other instrument supplemental to it.
A reference to the Landlord includes a reference to the person entitled to the immediate reversion to this lease. A reference to the Tenant includes a reference to its successors in title.
In relation to any payment, a reference to a fair proportion is to a fair proportion of the total amount payable, determined conclusively (except as to questions of law) by the Landlord.
The expressions landlord covenant and tenant covenant each has the meaning given to it by the Landlord and Tenant (Covenants) Act 1995.
Unless the context otherwise requires, a reference to the Property is to the whole and any part of it.
A reference to the term is to the Contractual Term and statutory continuation of this lease.
A reference to the end of the term is to the end of the term however it ends.
References to the consent of the Landlord are to the consent of the Landlord given in accordance with clause 0 and references to the approval of the Landlord are to the approval of the Landlord given in accordance with clause 0.
A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
Any obligation on the Tenant not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
Unless the context otherwise requires, any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to writing or written includes fax but not e-mail.
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Unless the context otherwise requires, references to clauses and Schedules are to the clauses and Schedules of this lease and references to paragraphs are to paragraphs of the relevant Schedule.
Clause, Schedule and paragraph headings shall not affect the interpretation of this lease.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
Grant
The Landlord with full title guarantee lets the Property to the Tenant for the Contractual Term.
The grant is made excepting and reserving to the Landlord the rights set out in clause 0, and subject to the Third Party Rights.
The grant is made with the Tenant paying the following as rent to the Landlord: the Annual Rent and all VAT in respect of it; all interest payable under this lease; and all other sums due under this lease.
Ancillary rights
Neither the grant of this lease nor anything in it confers any right over neighbouring property nor is to be taken to show that the Tenant may have any right over neighbouring property, and section 62 of the LPA 1925 does not apply to this lease.
Rights excepted and reserved
The following rights are excepted and reserved from this lease to the Landlord to the extent possible for the benefit of any neighbouring or adjoining property in which the Landlord acquires an interest during the term: rights of light, air, support and protection to the extent those rights are capable of being enjoyed at any time during the term; the right to use and to connect into Service Media at the Property which are in existence at the date of this lease or which are installed or constructed during the period of 80 years from the commencement of the Contractual Term; at any time during the term, the full and free right to develop the Landlord's Neighbouring Property and any neighbouring or adjoining property in which the Landlord acquires an interest during the term as the Landlord may think fit; and
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the right to re-route any Service Media at or serving the Property or re-route any means of access to or egress from the Property.
notwithstanding that the exercise of any of the Reservations or the works carried out pursuant to them result in a reduction in the flow of light or air to the Property or loss of amenity for the Property.
The Landlord reserves the right to enter the Property: to repair, maintain or replace any Service Media or structure relating to any of the Reservations; and for any other purpose mentioned in or connected with: this lease; the Reservations; and the Landlord's interest in the Property.
The Reservations may be exercised by the Landlord and by anyone else who is or becomes entitled to exercise them, and by anyone authorised by the Landlord.
The Tenant shall allow all those entitled to exercise any right to enter the Property, to do so with their workers, contractors, agents and professional advisors, and to enter the Property at any reasonable time (whether or not during usual business hours) and, except in the case of an emergency, after having given reasonable notice (which need not be in writing) to the Tenant.
No party exercising any of the Reservations, nor its workers, contractors, agents and professional advisors, shall be liable to the Tenant or to any undertenant or other occupier of or person at the Property for any loss, damage, injury, nuisance or inconvenience arising by reason of its exercising any of those Reservations except for: physical damage to the Property; or any loss, damage, injury, nuisance or inconvenience in relation to which the law prevents the Landlord from excluding liability.
Third Party Rights
The Tenant shall comply with all obligations on the Landlord relating to the Third Party Rights (insofar as those obligations relate to the Property) and shall not do anything (even if otherwise permitted by this lease) that may interfere with any Third Party Right.
The Tenant shall allow the Landlord and any other person authorised by the terms of the Third Party Right to enter the Property in accordance with its terms.
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The Annual Rent The Tenant shall pay the Annual Rent on the Rent Payment Date (if demanded).
Insurance
The Tenant shall keep insured in the joint names of the Landlord and the Tenant the Property and any plate glass at the Property against loss or damage by the Insured Risks for the full reinstatement cost (taking inflation of building costs into account) and shall produce to the Landlord or their agents on demand the insurance policy and receipt for payment of the same.
The Tenant shall: Immediately inform the Landlord if any matter occurs that any insurer or underwriter may treat as material in deciding whether or on what terms to insure or to continue to insure the Property and shall give the Landlord notice of that matter; not do or omit anything as a result of which any policy of insurance of the Property or any neighbouring property may become void or voidable or otherwise prejudiced, or the payment of any policy money may be withheld, nor (unless the Tenant has previously notified the Landlord and has paid any increased or additional premium) anything as a result of which any increased or additional insurance premium may become payable; comply at all times with the requirements and recommendations of the insurers relating to the Property; give the Landlord immediate notice of the occurrence of any damage or loss relating to the Property arising from an Insured Risk or of any other event that might affect any insurance policy relating to the Property.
The Tenant shall, subject to obtaining all necessary planning and other consents, use all insurance money received to repair the damage for which the money has been received or (as the case may be) in rebuilding the Property and shall make up any deficiency out of its own moneys. The Tenant is not obliged to provide accommodation identical in layout or design so long as accommodation reasonably equivalent to that previously at the Property is provided.
If the Property is damaged or destroyed by a risk so as to be unfit for occupation and use and the policy of insurance of the Property has not been effected by the Tenant or has been vitiated in whole or in part in consequence of any act or omission of the Tenant, any undertenant or their respective workers, contractors or agents or any other person on the Property with the actual or implied authority of any of them, and the Tenant fails to use its own funds to reinstate the Property until it is made fit for occupation and use, the Landlord may do all things necessary to effect or maintain such insurance and undertake the Tenant’s obligation in clause 7.3 to reinstate the Property and any monies expended by them for that purpose shall be repayable by the Tenant on demand and may be recovered by action forthwith.
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Rates and taxes
The Tenant shall pay all present and future rates, taxes and other impositions and outgoings payable in respect of the Property, its use and any works carried out there, other than: any taxes payable by the Landlord in connection with any dealing with or disposition of the reversion to this lease; or any taxes, other than VAT and insurance premium tax, payable by the Landlord by reason of the receipt of any of the rents due under this lease.
If any rates, taxes or other impositions and outgoings are payable in respect of the Property together with other property, the Tenant shall pay a fair proportion of the amount payable.
The Tenant shall not make any proposal to alter the rateable value of the Property or that value as it appears on any draft rating list, without the approval of the Landlord.
If, after the end of the term, the Landlord loses rating relief (or any similar relief or exemption) because it has been allowed to the Tenant, then the Tenant shall pay the Landlord an amount equal to the relief or exemption that the Landlord has lost.
Utilities
The Tenant shall pay all costs in connection with the supply and removal of electricity, gas, water, sewage, telecommunications, data and other services and utilities to or from the Property.
If any of those costs are payable in relation to the Property together with other property, the Tenant shall pay a fair proportion of all those costs.
The Tenant shall comply with all laws and with any recommendations of the relevant suppliers relating to the use of those services and utilities.
Common items
The Tenant shall pay the Landlord on demand a fair proportion of all costs payable for the maintenance, repair, lighting, cleaning and renewal of all Service Media, structures and other items used or capable of being used by the Property in common with other property.
The Tenant shall comply with all reasonable regulations the Landlord may make from time to time in connection with the use of any of those Service Media, structures or other items.
VAT
All sums payable by the Tenant are exclusive of any VAT that may be chargeable. The Tenant shall pay VAT in respect of all taxable supplies made to it in connection with this lease on the due date for making any payment or, if earlier, the date on which that supply is made for VAT purposes.
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Every obligation on the Tenant, under or in connection with this lease, to pay the Landlord or any other person any sum by way of a refund or indemnity, shall include an obligation to pay an amount equal to any VAT incurred on that sum by the Landlord or other person, except to the extent that the Landlord or other person obtains credit for such VAT under the Value Added Tax Act 1994.
Default interest and interest
If any Annual Rent or any other money payable under this lease has not been paid by the date it is due, whether it has been formally demanded or not, the Tenant shall pay the Landlord interest on that amount at the Default Interest Rate (both before and after any judgment). Such interest shall accrue on a daily basis for the period from the due date to and including the date of payment.
If the Landlord does not demand or accept any Annual Rent or other money due or tendered under this lease because the Landlord reasonably believes that the Tenant is in breach of any of the tenant covenants of this lease, then the Tenant shall, when that amount is accepted by the Landlord, also pay interest at the Interest Rate on that amount for the period from the date the amount (or each part of it) became due until the date it is accepted by the Landlord.
Costs
The Tenant shall pay the costs and expenses of the Landlord including any solicitors’ or other professionals’ costs and expenses incurred (both during and after the end of the term) in connection with or in contemplation of any of the following: the enforcement of the tenant covenants of this lease; serving any notice in connection with this lease under section 146 or 147 of the Law of Property Act 1925 or taking any proceedings under either of those sections, notwithstanding that forfeiture is avoided otherwise than by relief granted by the court; serving any notice in connection with this lease under section 17 of the Landlord and Tenant (Covenants) Act 1995; the preparation and service of a schedule of dilapidations in connection with this lease; or any consent or approval applied for under this lease, whether or not it is granted.
Where the Tenant is obliged to pay or indemnify the Landlord against any solicitors’ or other professionals’ costs and expenses (whether under this or any other clause of this lease) that obligation extends to those costs and expenses assessed on a full indemnity basis.
Compensation on vacating Any right of the Tenant or anyone deriving title under the Tenant to claim compensation from the Landlord on leaving the Property under the LTA 1954 is excluded, except to the extent that the legislation prevents that right being excluded.
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Set-off The Annual Rent and all other amounts due under this lease shall be paid by the Tenant or any guarantor (as the case may be) in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Prohibition of dealings
Except as expressly permitted by this lease, the Tenant shall not assign, underlet, charge, part with or share possession or share occupation of this lease or the Property or part of the Property or hold the lease on trust for any person.
The Tenant shall only be permitted to underlet the Permitted Part of the Property by way of an Assured Shorthold Tenancy for a maximum period of 6 months. notification of occupation
If the Landlord so requests, the Tenant shall promptly supply the Landlord with full details of the occupiers of the Property and the terms upon which they occupy it.
Repairs
The Tenant shall keep the Property clean and tidy and in good and substantial repair and condition and shall ensure that any Service Media within and exclusively serving the Property is kept in good working order.
The Tenant shall maintain at all times at its sole expense a good and sufficient fence not less than 4 and nor more than 7 feet in height on or towards the western and eastern sides of so much of the Property as lies to the north of the Rover Darenth.
Decoration
The Tenant shall decorate the outside and the inside of the Property as often as is reasonably necessary and also in the last three months before the end of the term.
All decoration shall be carried out in a good and proper manner using good quality materials that are appropriate to the Property and the Permitted Use and shall include all appropriate preparatory work.
All decoration carried out in the last three months of the term shall also be carried out to the satisfaction of the Landlord and using materials, designs and colours approved by the Landlord.
Alterations
The Tenant shall not make any external or structural alteration or addition to the Property and shall not make any opening in any boundary structure of the Property.
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The Tenant shall not install any Service Media on the exterior of the Property nor alter the route of any Service Media at the Property without the consent of the Landlord, such consent not to be unreasonably withheld.
The Tenant shall not make any internal, non-structural alteration to the Property without the consent of the Landlord, such consent not to be unreasonably withheld.
Signs
In this clause Signs include signs, fascia, placards, boards, posters and advertisements.
The Tenant shall not attach any Signs to the exterior of the Property or display any inside the Property so as to be seen from the outside except Signs of a design, size and number and in a position that are appropriate to the Property and the Permitted Use.
Before the end of the term, the Tenant shall remove any Signs placed by it at the Property and shall make good any damage caused to the Property by that removal.
The Tenant shall allow the Landlord to fix to and keep at the Property any sale or re-letting board as the Landlord reasonably requires.
Returning the Property to the Landlord
At the end of the term the Tenant shall return the Property to the Landlord in the repair and condition required by this lease.
At the end of the term, the Tenant shall remove from the Property all chattels belonging to or used by it.
The Tenant irrevocably appoints the Landlord to be the Tenant's agent to store or dispose of any chattels or items it has fixed to the Property and which have been left by the Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to the Tenant by reason of that storage or disposal. The Tenant shall indemnify the Landlord in respect of any claim made by a third party in relation to that storage or disposal.
If the Tenant does not comply with its obligations in this clause, then, without prejudice to any other right or remedy of the Landlord, the Tenant shall pay the Landlord an amount equal to the market rent payable immediately before the end of the term for the period that it would reasonably take to put the Property into the condition it would have been in had the Tenant performed its obligations under this clause. The amount shall be a debt due on demand from the Tenant to the Landlord.
Use
The Tenant shall not use the Property for any purpose other than the Permitted Use.
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The Tenant shall not use the Property for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Landlord, its other tenants or any other owner or occupier of neighbouring property.
The Tenant shall not overload any structural part of the Property nor any machinery or equipment at the Property nor any Service Media at or serving the Property.
Compliance with laws
The Tenant shall comply with all laws relating to: the Property and the occupation and use of the Property by the Tenant; the use or operation of all Service Media and machinery and equipment at or serving the Property whether or not used or operated, and shall, where necessary, replace or convert such Service Media within or exclusively serving the Property so that it is capable of lawful use or operation; any works carried out at the Property; and all materials kept at or disposed from the Property.
Without prejudice to any obligation on the Tenant to obtain any consent or approval under this lease, the Tenant shall carry out all works that are required under any law to be carried out at the Property whether by the owner or the occupier.
Within five working days after receipt of any notice or other communication affecting the Property (and whether or not served pursuant to any law) the Tenant shall: send a copy of the relevant document to the Landlord; and take all steps necessary to comply with the notice or other communication and take any other action in connection with it as the Landlord may require.
The Tenant shall not apply for any planning permission for the Property without the Landlord's consent.
The Tenant shall comply with its obligations under the CDM Regulations, including all requirements in relation to the provision and maintenance of a health and safety file. The Tenant shall maintain the health and safety file for the Property in accordance with the CDM Regulations and shall give it to the Landlord at the end of the term.
The Tenant shall supply all information to the Landlord that the Landlord reasonably requires from time to time to comply with the Landlord's obligations under the CDM Regulations.
As soon as the Tenant becomes aware of any defect in the Property, it shall give the Landlord notice of it. The Tenant shall indemnify the Landlord against any liability under the Defective Premises Act 1972 in relation to the Property by reason of any failure of the Tenant to comply with any of the tenant covenants in this lease.
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The Tenant shall keep the Property equipped with all fire prevention, detection and fighting machinery and equipment and fire alarms which are required under all relevant laws or required by the insurers of the Property or reasonably recommended by them or reasonably required by the Landlord and shall keep that machinery, equipment and alarms properly maintained and available for inspection.
Encroachments, obstructions and acquisition of rights
The Tenant shall not grant any right or licence over the Property to a third party.
If a third party makes or attempts to make any encroachment over the Property or takes any action by which a right may be acquired over the Property, the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that encroachment or action; and take all steps (including any proceedings) the Landlord reasonably requires to prevent or license the continuation of that encroachment or action.
The Tenant shall not obstruct the flow of light or air to the Property nor obstruct any means of access to the Property.
The Tenant shall not make any acknowledgement that the flow of light or air to the Property or that the means of access to the Property is enjoyed with the consent of any third party.
If any person takes or threatens to take any action to obstruct the flow of light or air to the Property or obstruct the means of access to the Property, the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that action; and take all steps (including proceedings) the Landlord reasonably requires to prevent or secure the removal of the obstruction.
Breach of repair and maintenance obligation
The Landlord may enter the Property to inspect its condition and state of repair and may give the Tenant a notice of any breach of any of the tenant covenants in this lease relating to the condition or repair of the Property.
If the Tenant has not begun any works needed to remedy that breach within two months following that notice (or if works are required as a matter of emergency, then immediately) or if the Tenant is not carrying out the works with all due speed, then the Landlord may enter the Property and carry out the works needed.
The costs incurred by the Landlord in carrying out any works pursuant to this clause (and any professional fees and any VAT in respect of those costs) shall be a debt due from the Tenant to the Landlord and payable on demand.
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Any action taken by the Landlord pursuant to this clause shall be without prejudice to the Landlord's other rights, including those under clause 0.
Indemnity The Tenant shall keep the Landlord indemnified against all liabilities, expenses, costs (including but not limited to any solicitors’ or other professionals’ costs and expenses), claims, damages and losses (including but not limited to any diminution in the value of the Landlord's interest in the Property and loss of amenity of the Property) suffered or incurred by the Landlord arising out of or in connection with any breach of any tenant covenants in this lease, or any act or omission of the Tenant, any undertenant or their respective workers, contractors or agents or any other person on the Property with the actual or implied authority of any of them.
Landlord's covenant for quiet enjoyment The Landlord covenants with the Tenant, that, so long as the Tenant pays the rents reserved by and complies with its obligations in this lease, the Tenant shall have quiet enjoyment of the Property without any interruption by the Landlord or any person claiming under the Landlord except as otherwise permitted by this lease.
Re-entry and forfeiture
The Landlord may re-enter the Property (or any part of the Property in the name of the whole) at any time after any of the following occurs: any rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; any breach of any condition of, or tenant covenant, in this lease; an Act of Insolvency.
If the Landlord re-enters the Property (or any part of the Property in the name of the whole) pursuant to this clause, this lease shall immediately end, but without prejudice to any right or remedy of the Landlord in respect of any breach of covenant by the Tenant.
Joint and several liability
Where the Tenant comprises more than one person, those persons shall be jointly and severally liable for the obligations and liabilities of the Tenant arising under this lease. The Landlord may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.
The obligations of the Tenant and any guarantor arising by virtue of this lease are owed to the Landlord and the obligations of the Landlord are owed to the Tenant.
The Landlord shall not be liable to the Tenant for any failure of the Landlord to perform any landlord covenant in this lease.
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Entire agreement
This lease constitutes the whole agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.
Each party acknowledges that in entering into this lease does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently).
Nothing in this lease constitutes or shall constitute a representation or warranty that the Property may lawfully be used for any purpose allowed by this lease.
Nothing in this clause shall limit or exclude any liability for fraud.
The parties acknowledge that this Lease is being granted by the Landlord to the Tenant with reference to the original Lease dated 11th December 1973 and made between Brasted Parish Council and Sundridge Parish Council (1) and Harold Stuart Meynell Hall and Horace John Jenkins as representatives of the Committee and Members of Sundridge and Brasted Social Club (2).
Notices, consents and approvals
A notice given under or in connection with this lease shall be: in writing unless this lease expressly states otherwise and for the purposes of this clause an e-mail is not in writing; given: by hand or by pre-paid first-class post or other next working day delivery service at the party's registered office address (if the party is a company) or (in any other case) at the party's principal place of business; or by fax to the party's main fax number.
If a notice is given in accordance with clause 0, it shall be deemed to have been received: if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, on the second working day after posting; or if sent by fax, at 9.00 am on the next working day after transmission.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Section 196 of the Law of Property Act 1925 shall otherwise apply to notices given under this lease.
Where the consent of the Landlord is required under this lease, a consent shall only be valid if it is given by deed, unless: it is given in writing and signed by a person duly authorised on behalf or the Landlord; and
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it expressly states that the Landlord waives the requirement for a deed in that particular case.
If a waiver is given, it shall not affect the requirement for a deed for any other consent.
Where the approval of the Landlord is required under this lease, an approval shall only be valid if it is in writing and signed by or on behalf of the Landlord, unless: the approval is being given in a case of emergency; or this lease expressly states that the approval need not be in writing.
If the Landlord gives a consent or approval under this lease, the giving of that consent or approval shall not imply that any consent or approval required from a third party has been obtained, nor shall it obviate the need to obtain any consent or approval from a third party.
Governing law This lease and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this lease or its subject matter or formation (including non-contractual disputes or claims).
Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this lease shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this lease.
BREAK OPTION In the event of the Tenant ceasing to use the Property for the Permitted Use the Landlord shall have the right to determine this lease upon service of one month’s notice upon expiry of which this lease shall determine without prejudice to any right or remedy of the Landlord in respect of any breach of covenant by the Tenant.
This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.
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Executed as a deed by BRASTED ...... PARISH COUNCIL acting by: Chair
......
Clerk
Executed as a deed by SUNDRIDGE ...... WITH IDE HILL PARISH COUNCIL acting by: Chair
......
Clerk
Executed as a deed by SUNDRIDGE ...... AND BRASTED SOCIAL CLUB Name: acting by:
......
Name:
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AGENDA ITEM 7.1
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AGENDA ITEM 7.1.1
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AGENDA ITEM 7.1.2
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AGENDA ITEM 7.2
-----Original Message----- From: "Dominic Rossi"
Dear All,
Please would someone from the Parish Council advise what the IHVHT should be expecting by way of annual Grant income from the Parish Council, which we have gratefully received for a number of years?
An email was initially sent to Roni Lovegrove and Amanda in August 2018, asking if the Parish Council would accept a late request for the annual Grant of £1,290.00 for the 2017/18 financial year.
I also asked, in a later email, that any forms required for an application for 2018/19 be sent across so that the IHVHT could apply for a Grant for the 2018/19 financial year.
On the 11th October 2018 the IHVHT received a cheque for £1,290.00 which I have assumed is for the 2017/18 year. Since then I have not been able to establish where the IHVHT stands on this issue.
Would someone please let me know?
Best Wishes
Dominic Rossi Treasurer IHVHT
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AGENDA ITEM 7.3
Ide Hill Public Conveniences
The new cleaners Sander and Val Reytenbach have provided an excellent service and are checking the facilities every day. The standard of cleanliness has been high and all the issues have now been resolved.
The Clerk has, in the interim, agreed the following with the cleaners.
1. The contract cost of £180 per week. 2. The contract commenced on 23 May 2019. 3. A temporary contract of 3 months to 23 August 2019 but extended to 1 October 2019.
• The Clerk has contacted a plumber to address the issue of no hot water. • The cleaning cupboard has been changed to have a padlock with a combination so it can be accessed by the cleaners (without the shop having a key) and in an emergency by the Clerk/Members • The RFO has ordered signs to warn “cleaning in progress” • The Clerk will order a sign advising that the facilities are run by the Parish Council and to contact the Clerk to report any problems.
Given that it was so difficult to get cleaners and the current cleaners have been outstanding the Clerk is suggesting that the Parish Council consider making the contract permanent following the July meeting so the cleaners are in place over the extremely busy summer period.
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AGENDA ITEM 7.4
Sundridge with Ide Hill Parish Council Items Payable and Paid
Cheque Payments up to 7th May, 2019
Cheque Total Basic Contract / Cllr Pls tick when VAT vch no. No Payee Details Payable Amount Authorised authorised £ £ £ 909 N.B.C Sun Vill Hall Cleaning inv 31 360.00 - 360.00 John Evans John Banbrook 910 N.B.C Ide Toilets Cleaning 250.00 - 250.00 John Evans John Banbrook 919 SDC April Rates 52.56 0.00 52.56 John Evans John Banbrook 912 SDC May Rates 54.00 - 54.00 John Evans John Banbrook 920 Mr J R Brett Football Marking Lines 2,485.00 - 2,485.00 John Evans John Banbrook 914 Mrs A Barlow Clerks Salary 1,049.58 - 1,049.58 John Evans John Banbrook 915 Mrs F Hensher RFO Salary 260.60 - 260.60 John Evans John Banbrook 916 Clerks Expenses Mrs A Barlow 130.39 - 130.39 John Evans John Banbrook 917 RFO Expenses Mrs F Hensher 29.55 - 29.55 John Evans John Banbrook 918 Mr D Baker Toilet Material Expenses 10.25 - 10.25 John Evans John Banbrook 921 Streetlights Maintenance contract 1,353.90 225.65 1,128.25 John Evans John Banbrook 922 EDF Sun Vill Hall 1.75 - 1.75 John Evans John Banbrook 923 Calor Gas Sun Recreation Ground 12.58 0.60 11.98 John Evans John Banbrook 924 Mrs A Barlow Clerks Expenses 144.76 - 144.76 John Evans John Banbrook -
Total Invoices 6,194.92 226.25 5,968.67
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AGENDA ITEM 7.5
-----Original Message----- From: "[email protected]"
I will not be able to attend the next full Council meeting as will be in Spain - so would like to put myself forward to start up and Chair a PR and Communications committee that deals with this. This worked well when I was Chair of the Sevenoaks Conservative Association.
Regards, Polly
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AGENDA ITEM 7.6
Committee Membership 2019/20 Amenities Vikki Allgood Don Baker Martin Darby John Evans Polly Furse Trevor Jones David Miller Steve Nash
Finance Don Baker John Banbrook John Evans David Kempster Ann Powell
Planning Vikki Allgood Don Baker Martin Darby John Evans Polly Furse Trevor Jones (Chair) David Kempster Ann Powell (Cllr Piper – District)
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AGENDA ITEM 7.7
Appointment of Members/Others to Areas of Responsibility:
Affordable Housing
Burial Facilities and liaison with PCC
Footpaths and Tree Warden
Ide Hill Public Conveniences
Highways
Streetlighting
Stubbs Wood
Sundridge Recreation Ground
Sundridge Village Hall
Website Administrators
Sundridge & Brasted Social Club
Speedwatch Co-ordinators
Appointment of Representatives of the Parish Council on Outside Bodies
Gatwick
Bough Beech Nature Reserve Management Advisory Committee
M25 Slips Group
Council for the Perseveration of Rural England (CPRE)
Darent River Preservation Society (DRIPS)
Ide Hill Village Hall Management Committee
Sundridge and Ide Hill Charities – Nominative Trustees Chair
Vice Chair
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AGENDA ITEM 7.8
Sundridge with Ide Hill Parish Council STANDING ORDERS 2019-20
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RULES OF DEBATE AT MEETINGS ...... 3 DISORDERLY CONDUCT AT MEETINGS ...... 5 MEETINGS GENERALLY ...... 5 COMMITTEES AND SUB-COMMITTEES ...... 8 ORDINARY COUNCIL MEETINGS ...... 9 EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES 47 PREVIOUS RESOLUTIONS ...... 47 VOTING ON APPOINTMENTS ...... 47 MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER ...... 47 MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE .... 48 MANAGEMENT OF INFORMATION ...... 49 DRAFT MINUTES ...... 50 CODE OF CONDUCT AND DISPENSATIONS ...... 51 CODE OF CONDUCT COMPLAINTS ...... 52 PROPER OFFICER ...... 52 RESPONSIBLE FINANCIAL OFFICER ...... 54 ACCOUNTS AND ACCOUNTING STATEMENTS ...... 54 FINANCIAL CONTROLS AND PROCUREMENT ...... 55 HANDLING STAFF MATTERS ...... 56 RESPONSIBILITIES TO PROVIDE INFORMATION ...... 57 RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION ...... 57 RELATIONS WITH THE PRESS/MEDIA ...... 58 EXECUTION AND SEALING OF LEGAL DEEDS ...... 58 COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY COUNCILLORS 58 RESTRICTIONS ON COUNCILLOR ACTIVITIES ...... 59 STANDING ORDERS GENERALLY ...... 59
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RULES OF DEBATE AT MEETINGS a Motions on the agenda shall be considered in the order that they appear unless the order is changed at the discretion of the chairman of the meeting. b A motion (including an amendment) shall not be progressed unless it has been moved and seconded. c A motion on the agenda that is not moved by its proposer may be treated by the chairman of the meeting as withdrawn. d If a motion (including an amendment) has been seconded, it may be withdrawn by the proposer only with the consent of the seconder and the meeting. e An amendment is a proposal to remove or add words to a motion. It shall not negate the motion. f If an amendment to the original motion is carried, the original motion (as amended) becomes the substantive motion upon which further amendment(s) may be moved. g An amendment shall not be considered unless early verbal notice of it is given at the meeting and, if requested by the chairman of the meeting, is expressed in writing to the chairman. h A councillor may move an amendment to his own motion if agreed by the meeting. If a motion has already been seconded, the amendment shall be with the consent of the seconder and the meeting. i If there is more than one amendment to an original or substantive motion, the amendments shall be moved in the order directed by the chairman of the meeting. j Subject to standing order 1(k), only one amendment shall be moved and debated at a time, the order of which shall be directed by the chairman of the meeting. k One or more amendments may be discussed together if the chairman of the meeting considers this expedient but each amendment shall be voted upon separately. l A councillor may not move more than one amendment to an original or substantive motion. m The mover of an amendment has no right of reply at the end of debate on it. n Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply either at the end of debate on the first amendment or at the very end of debate on the final substantive motion immediately before it is put to the vote. o Unless permitted by the chairman of the meeting, a councillor may speak once in the debate on a motion except:
i. to speak on an amendment moved by another councillor;
ii. to move or speak on another amendment if the motion has been amended since he last spoke;
iii. to make a point of order;
iv. to give a personal explanation; or
v. to exercise a right of reply.
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p During the debate on a motion, a councillor may interrupt only on a point of order or a personal explanation and the councillor who was interrupted shall stop speaking. A councillor raising a point of order shall identify the standing order which he considers has been breached or specify the other irregularity in the proceedings of the meeting he is concerned by. q A point of order shall be decided by the chairman of the meeting and his decision shall be final. r When a motion is under debate, no other motion shall be moved except:
i. to amend the motion;
ii. to proceed to the next business;
iii. to adjourn the debate;
iv. to put the motion to a vote;
v. to ask a person to be no longer heard or to leave the meeting;
vi. to refer a motion to a committee or sub-committee for consideration;
vii. to exclude the public and press;
viii. to adjourn the meeting; or
ix. to suspend particular standing order(s) excepting those which reflect mandatory statutory or legal requirements. s Before an original or substantive motion is put to the vote, the chairman of the meeting shall be satisfied that the motion has been sufficiently debated and that the mover of the motion under debate has exercised or waived his right of reply. t Excluding motions moved under standing order 1(r), the contributions or speeches by a councillor shall relate only to the motion under discussion and shall not exceed 5 minutes without the consent of the chairman of the meeting.
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DISORDERLY CONDUCT AT MEETINGS
a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly. If this standing order is ignored, the chairman of the meeting shall request such person(s) to moderate or improve their conduct.
b If person(s) disregard the request of the chairman of the meeting to moderate or improve their conduct, any councillor or the chairman of the meeting may move that the person be no longer heard or be excluded from the meeting. The motion, if seconded, shall be put to the vote without discussion.
c If a resolution made under standing order 2(b) is ignored, the chairman of the meeting may take further reasonable steps to restore order or to progress the meeting. This may include temporarily suspending or closing the meeting.
MEETINGS GENERALLY
Full Council meetings ● Amenities and Finance Committee meetings ● Planning Committee meetings ● Any sub Committees ●
● a Meetings shall not take place in premises which at the time of the meeting are used for the supply of alcohol, unless no other premises are available free of charge or at a reasonable cost.
● b The minimum three clear days for notice of a meeting does not include the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning.
● c The minimum three clear days’ public notice for a meeting does not include the day on which the notice was issued or the day of the meeting unless the meeting is convened at shorter notice.
● d Meetings shall be open to the public unless their presence is prejudicial to the public ● interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution which shall give reasons for the public’s exclusion.
● e Members of the public may make representations, answer questions and give evidence at ● a meeting which they are entitled to attend in respect of the business on the agenda.
● f The period of time designated for public participation at a meeting in accordance with ● standing order 3(e) shall not exceed 15 minutes unless directed by the chairman of the meeting.
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● g Subject to standing order 3(f), a member of the public shall not speak for more than 5 ● minutes.
● h In accordance with standing order 3(e), a question shall not require a response at the ● meeting nor start a debate on the question. The chairman of the meeting may direct that a written or oral response be given.
● i A person shall raise his hand when requesting to speak and stand when speaking (except ● when a person has a disability or is likely to suffer discomfort). The chairman of the meeting may at any time permit a person to be seated when speaking.
● j A person who speaks at a meeting shall direct his comments to the chairman of the ● meeting.
● k Only one person is permitted to speak at a time. If more than one person wants to speak, ● the chairman of the meeting shall direct the order of speaking.
● l Subject to standing order 3(m), a person who attends a meeting is permitted to report on ● the meeting whilst the meeting is open to the public. To “report” means to film, photograph, make an audio recording of meeting proceedings, use any other means for enabling persons not present to see or hear the meeting as it takes place or later or to report or to provide oral or written commentary about the meeting so that the report or commentary is available as the meeting takes place or later to persons not present.
● m A person present at a meeting may not provide an oral report or oral commentary about a ● meeting as it takes place without permission.
● n The press shall be provided with reasonable facilities for the taking of their report of all or ● part of a meeting at which they are entitled to be present.
● o Subject to standing orders which indicate otherwise, anything authorised or required to be done by, to or before the Chairman of the Council may in his absence be done by, to or before the Vice-Chairman of the Council (if there is one).
● p The Chairman of the Council, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman of the Council (if there is one) if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a councillor as chosen by the councillors present at the meeting shall preside at the meeting.
● q Subject to a meeting being quorate, all questions at a meeting shall be decided by a ● majority of the councillors and non-councillors with voting rights present and voting.
● r The chairman of a meeting may give an original vote on any matter put to the vote, and in ● the case of an equality of votes may exercise his casting vote whether or not he gave an original vote.
See standing orders 5(h) and (i) for the different rules that apply in the election of the Chairman of the Council at the annual meeting of the Council.
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question. Such a request shall be made before moving on to the next item of business on the agenda.
● t The minutes of a meeting shall include an accurate record of the following: ● i. the time and place of the meeting;
ii. the names of councillors who are present and the names of councillors who are absent;
iii. interests that have been declared by councillors and non-councillors with voting rights;
iv. the grant of dispensations (if any) to councillors and non-councillors with voting rights;
v. whether a councillor or non-councillor with voting rights left the meeting when matters that they held interests in were being considered;
vi. if there was a public participation session; and
vii. the resolutions made.
● u A councillor or a non-councillor with voting rights who has a disclosable pecuniary interest ● or another interest as set out in the Council’s code of conduct in a matter being considered at a meeting is subject to statutory limitations or restrictions under the code on his right to participate and vote on that matter.
● v No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three.
No business may be transacted at a meeting unless at least five members of the Council are present,
See standing order 4d(viii) for the quorum of a committee meeting.
● w If a meeting is or becomes inquorate no business shall be transacted and the meeting ● shall be closed. The business on the agenda for the meeting shall be adjourned to another meeting.
x A meeting shall not exceed a period of 2 hours.
● y Members agreed that the business of the Planning Committee can be transcted via email and the Committee remit gives the full details of the process. Any majory planning applications will be referred to the Full Council meeting.
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COMMITTEES a Unless the Council determines otherwise, a committee may appoint a sub-committee whose terms of reference and members shall be determined by the committee. b The members of a committee may include non-councillors unless it is a committee which regulates and controls the finances of the Council. c Unless the Council determines otherwise, all the members of an advisory committee and a sub- committee of the advisory committee may be non-councillors. d The Council may appoint standing committees or other committees as may be necessary, and:
i. shall determine their terms of reference;
ii. shall determine the number and time of the ordinary meetings of a standing committee up until the date of the next annual meeting of the Council;
iii. shall permit a committee, other than in respect of the ordinary meetings of a committee, to determine the number and time of its meetings;
iv. shall, subject to standing orders 4(b) and (c), appoint and determine the terms of office of members of such a committee;
v. may, subject to standing orders 4(b) and (c), appoint and determine the terms of office of the substitute members to a committee whose role is to replace the ordinary members at a meeting of a committee if the ordinary members of the committee confirm to the Proper Officer 3 days before the meeting that they are unable to attend;
vi. shall, after it has appointed the members of a standing committee, appoint the chairman of the standing committee;
vii. shall permit a committee other than a standing committee, to appoint its own chairman at the first meeting of the committee;
viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which, in both cases, shall be no less than three;
ix. shall determine if the public may participate at a meeting of a committee;
x. shall determine if the public and press are permitted to attend the meetings of a sub-committee and also the advance public notice requirements, if any, required for the meetings of a sub- committee;
xi. shall determine if the public may participate at a meeting of a sub-committee that they are permitted to attend; and
xii. may dissolve a committee or a sub-committee.
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ORDINARY COUNCIL MEETINGS a In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the councillors elected take office. b In a year which is not an election year, the annual meeting of the Council shall be held on such day in May as the Council decides. c If no other time is fixed, the annual meeting of the Council shall take place at 6pm. d In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council decides. e The first business conducted at the annual meeting of the Council shall be the election of the Chairman and Vice-Chairman (if there is one) of the Council. f The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council. g The Vice-Chairman of the Council, if there is one, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council. h In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the annual meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but shall give a casting vote in the case of an equality of votes. i In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the annual meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and shall give a casting vote in the case of an equality of votes. j Following the election of the Chairman of the Council and Vice-Chairman (if there is one) of the Council at the annual meeting, the business shall include:
i. In an election year, delivery by the Chairman of the Council and councillors of their acceptance of office forms unless the Council resolves for this to be done at a later date. In a year which is not an election year, delivery by the Chairman of the Council of his acceptance of office form unless the Council resolves for this to be done at a later date;
ii. Confirmation of the accuracy of the minutes of the last meeting of the Council;
iii. Receipt of the minutes of the last meeting of a committee;
iv. Consideration of the recommendations made by a committee;
v. Review of delegation arrangements to committees, sub-committees, staff and other local authorities;
vi. Review of the terms of reference for committees;
vii. Appointment of members to existing committees;
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viii. Appointment of any new committees in accordance with standing order 4;
ix. Review and adoption of appropriate standing orders and financial regulations;
x. Review of arrangements (including legal agreements) with other local authorities, not-for-profit bodies and businesses.
xi. Review of representation on or work with external bodies and arrangements for reporting back;
xii. In an election year, to make arrangements with a view to the Council becoming eligible to exercise the general power of competence in the future;
xiii. Review of inventory of land and other assets including buildings and office equipment;
xiv. Confirmation of arrangements for insurance cover in respect of all insurable risks;
xv. Review of the Council’s and/or staff subscriptions to other bodies;
xvi. Review of the Council’s complaints procedure;
xvii. Review of the Council’s policies, procedures and practices in respect of its obligations under freedom of information and data protection legislation (see also standing orders 11, 20 and 21);
xviii. Review of the Council’s policy for dealing with the press/media;
xix. Review of the Council’s employment policies and procedures;
xx. Review of the Council’s expenditure incurred under s.137 of the Local Government Act 1972 or the general power of competence.
xxi. Determining the time and place of ordinary meetings of the Council up to and including the next annual meeting of the Council.
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EXTRAORDINARY MEETINGS OF THE COUNCIL, COMMITTEES AND SUB-COMMITTEES
a The Chairman of the Council may convene an extraordinary meeting of the Council at any time. b If the Chairman of the Council does not call an extraordinary meeting of the Council within seven days of having been requested in writing to do so by two councillors, any two councillors may convene an extraordinary meeting of the Council. The public notice giving the time, place and agenda for such a meeting shall be signed by the two councillors. c The chairman of a committee [or a sub-committee] may convene an extraordinary meeting of the committee [or the sub-committee] at any time. d If the chairman of a committee [or a sub-committee] does not call an extraordinary meeting within 7 days of having been requested to do so by one third of the members of the committee [or the sub- committee], any 3 members of the committee [or the sub-committee] may convene an extraordinary meeting of the committee [or a sub-committee].
PREVIOUS RESOLUTIONS a A resolution shall not be reversed within six months except either by a special motion, which requires written notice by at least one third of the councillors to be given to the Proper Officer in accordance with standing order 9, or by a motion moved in pursuance of the recommendation of a committee or a sub-committee. b When a motion moved pursuant to standing order 7(a) has been disposed of, no similar motion may be moved for a further six months.
VOTING ON APPOINTMENTS a Where more than two persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. A tie in votes may be settled by the casting vote exercisable by the chairman of the meeting.
MOTIONS FOR A MEETING THAT REQUIRE WRITTEN NOTICE TO BE GIVEN TO THE PROPER OFFICER a A motion shall relate to the responsibilities of the meeting for which it is tabled and in any event shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents.
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b No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least 3 clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting. c The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b), correct obvious grammatical or typographical errors in the wording of the motion. d If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least 3 clear days before the meeting. e If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected. f The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final. g Motions received shall be recorded and numbered in the order that they are received. h Motions rejected shall be recorded with an explanation by the Proper Officer of the reason for rejection.
MOTIONS AT A MEETING THAT DO NOT REQUIRE WRITTEN NOTICE a The following motions may be moved at a meeting without written notice to the Proper Officer:
i. to correct an inaccuracy in the draft minutes of a meeting;
ii. to move to a vote;
iii. to defer consideration of a motion;
iv. to refer a motion to a particular committee or sub-committee;
v. to appoint a person to preside at a meeting;
vi. to change the order of business on the agenda;
vii. to proceed to the next business on the agenda;
viii. to require a written report;
ix. to appoint a committee or sub-committee and their members;
x. to extend the time limits for speaking;
xi. to exclude the press and public from a meeting in respect of confidential or other information which is prejudicial to the public interest;
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xiv. to temporarily suspend the meeting;
xv. to suspend a particular standing order (unless it reflects mandatory statutory or legal requirements);
xvi. to adjourn the meeting; or
xvii. to close the meeting.
MANAGEMENT OF INFORMATION
See also standing order 20. a The Council shall have in place and keep under review, technical and organisational measures to keep secure information (including personal data) which it holds in paper and electronic form. Such arrangements shall include deciding who has access to personal data and encryption of personal data. b The Council shall have in place, and keep under review, policies for the retention and safe destruction of all information (including personal data) which it holds in paper and electronic form. The Council’s retention policy shall confirm the period for which information (including personal data) shall be retained or if this is not possible the criteria used to determine that period (e.g. the Limitation Act 1980). c The agenda, papers that support the agenda and the minutes of a meeting shall not disclose or otherwise undermine confidential information or personal data without legal justification. d Councillors, staff, the Council’s contractors and agents shall not disclose confidential information or personal data without legal justification.
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DRAFT MINUTES
Full Council meetings ● Committee and Sub Committee meetings ●
a If the draft minutes of a preceding meeting have been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, they shall be taken as read.
b There shall be no discussion about the draft minutes of a preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i).
c The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.
d If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, he shall sign the minutes and include a paragraph in the following terms or to the same effect:
“The chairman of this meeting does not believe that the minutes of the meeting of the ( ) held on [date] in respect of ( ) were a correct record but his view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”
● e If the Council’s gross annual income or expenditure (whichever is higher) does not ● exceed £25,000, it shall publish draft minutes on a website which is publicly accessible and free of charge not later than one month after the meeting has taken place.
f Subject to the publication of draft minutes in accordance with standing order 12(e) and standing order 20(a) and following a resolution which confirms the accuracy of the minutes of a meeting, the draft minutes or recordings of the meeting for which approved minutes exist shall be destroyed.
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CODE OF CONDUCT AND DISPENSATIONS
See also standing order 3(u). a All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council. b Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest. c Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the Council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest. d Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required. e A decision as to whether to grant a dispensation shall be made by the Proper Officer and that decision is final. f A dispensation request shall confirm:
i. the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;
ii. whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;
iii. the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and
iv. an explanation as to why the dispensation is sought. g Subject to standing orders 13(d) and (f), a dispensation request shall be considered [by the Proper Officer before the meeting or, if this is not possible, at the start of the meeting for which the dispensation is required] OR [at the beginning of the meeting of the Council, or committee or sub-committee for which the dispensation is required]. h A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant circumstances any of the following apply:
i. without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;
ii. granting the dispensation is in the interests of persons living in the Council’s area; or
iii. it is otherwise appropriate to grant a dispensation.
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CODE OF CONDUCT COMPLAINTS a Upon notification by the District or Unitary Council that it is dealing with a complaint that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Proper Officer shall, subject to standing order 11, report this to the Council. b Where the notification in standing order 14(a) relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of Council of this fact, and the Chairman shall nominate another staff member to assume the duties of the Proper Officer in relation to the complaint until it has been determined and the Council has agreed what action, if any, to take in accordance with standing order 14(d). c The Council may:
i. provide information or evidence where such disclosure is necessary to investigate the complaint or is a legal requirement;
ii. seek information relevant to the complaint from the person or body with statutory responsibility for investigation of the matter; d Upon notification by the District or Unitary Council that a councillor or non-councillor with voting rights has breached the Council’s code of conduct, the Council shall consider what, if any, action to take against him. Such action excludes disqualification or suspension from office.
PROPER OFFICER a The Proper Officer shall be either (i) the clerk or (ii) other staff member(s) nominated by the Council to undertake the work of the Proper Officer when the Proper Officer is absent. b The Proper Officer shall:
i. at least three clear days before a meeting of the council, a committee or a sub-committee,
• serve on councillors by email authenticated in such manner as the Proper Officer thinks fit, a signed summons confirming the time, place and the agenda (provided the councillor has consented to service by email), and
• Provide, in a conspicuous place, public notice of the time, place and agenda (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
See standing order 3(b) for the meaning of clear days for a meeting of a full council and standing order 3(c) for the meaning of clear days for a meeting of a committee;
subject to standing order 9, include on the agenda all motions in the order received unless a councillor has given written notice at least 3 days before the meeting confirming his withdrawal of it;
ii. convene a meeting of the Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office;
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iii. facilitate inspection of the minute book by local government electors;
iv. receive and retain copies of byelaws made by other local authorities;
v. hold acceptance of office forms from councillors;
vi. hold a copy of every councillor’s register of interests;
vii. assist with responding to requests made under freedom of information legislation and rights exercisable under data protection legislation, in accordance with the Council’s relevant policies and procedures;
viii. liaise, as appropriate, with the Council’s Data Protection Officer;
ix. receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary;
x. assist in the organisation of, storage of, access to, security of and destruction of information held by the Council in paper and electronic form subject to the requirements of data protection and freedom of information legislation and other legitimate requirements (e.g. the Limitation Act 1980);
xi. arrange for legal deeds to be executed; (see also standing order 23);
xii. arrange or manage the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with its financial regulations;
xiii. record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose;
xiv. refer a planning application received by the Council to the Chairman of the Planning Committee or in his/her absence the Chairman or Vice-Chairman of the Council within two working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of the Planning Committee or the Council.
xv. manage access to information about the Council via the publication scheme; and
xvi. retain custody of the seal of the Council (if there is one) which shall not be used without a resolution to that effect. (see also standing order 23).
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RESPONSIBLE FINANCIAL OFFICER a The Council shall appoint appropriate staff member(s) to undertake the work of the Responsible Financial Officer when the Responsible Financial Officer is absent.
ACCOUNTS AND ACCOUNTING STATEMENTS a “Proper practices” in standing orders refer to the most recent version of “Governance and Accountability for Local Councils – a Practitioners’ Guide”. b All payments by the Council shall be authorised, approved and paid in accordance with the law, proper practices and the Council’s financial regulations. c The Responsible Financial Officer shall supply to each councillor as soon as practicable after 30 June, 30 September and 31 December in each year a statement to summarise:
i. the Council’s receipts and payments (or income and expenditure) for each quarter;
ii. the Council’s aggregate receipts and payments (or income and expenditure) for the year to date;
iii. the balances held at the end of the quarter being reported and
which includes a comparison with the budget for the financial year and highlights any actual or potential overspends. d As soon as possible after the financial year end at 31 March, the Responsible Financial Officer shall provide:
i. each councillor with a statement summarising the Council’s receipts and payments (or income and expenditure) for the last quarter and the year to date for information; and
ii. to the Council the accounting statements for the year in the form of Section 1 of the annual governance and accountability return, as required by proper practices, for consideration and approval. e The year-end accounting statements shall be prepared in accordance with proper practices and apply the form of accounts determined by the Council (receipts and payments, or income and expenditure) for the year to 31 March. A completed draft annual governance and accountability return shall be presented to all councillors at least 14 days prior to anticipated approval by the Council. The annual governance and accountability return of the Council, which is subject to external audit, including the annual governance statement, shall be presented to the Council for consideration and formal approval before 30 June.
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FINANCIAL CONTROLS AND PROCUREMENT a. The Council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the keeping of accounting records and systems of internal controls;
ii. the assessment and management of financial risks faced by the Council;
iii. the work of the independent internal auditor in accordance with proper practices and the receipt of regular reports from the internal auditor, which shall be required at least annually;
iv. the inspection and copying by councillors and local electors of the Council’s accounts and/or orders of payments; and
v. whether contracts with an estimated value below £25,000 due to special circumstances are exempt from a tendering process or procurement exercise. b. Financial regulations shall be reviewed regularly and at least annually for fitness of purpose. c. A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in excess of £25,000 but less than the relevant thresholds in standing order 18(f) is subject to Regulations 109-114 of the Public Contracts Regulations 2015 which include a requirement on the Council to advertise the contract opportunity on the Contracts Finder website regardless of what other means it uses to advertise the opportunity. d. Subject to additional requirements in the financial regulations of the Council, the tender process for contracts for the supply of goods, materials, services or the execution of works shall include, as a minimum, the following steps:
i. a specification for the goods, materials, services or the execution of works shall be drawn up;
ii. an invitation to tender shall be drawn up to confirm (i) the Council’s specification (ii) the time, date and address for the submission of tenders (iii) the date of the Council’s written response to the tender and (iv) the prohibition on prospective contractors contacting councillors or staff to encourage or support their tender outside the prescribed process;
iii. the invitation to tender shall be advertised in a local newspaper and in any other manner that is appropriate;
iv. tenders are to be submitted in writing in a sealed marked envelope addressed to the Proper Officer;
v. tenders shall be opened by the Proper Officer in the presence of at least one councillor after the deadline for submission of tenders has passed;
vi. tenders are to be reported to and considered by the appropriate meeting of the Council or a committee or sub-committee with delegated responsibility. e. Neither the Council, nor a committee or a sub-committee with delegated responsibility for considering tenders, is bound to accept the lowest value tender. f. A public contract regulated by the Public Contracts Regulations 2015 with an estimated value in
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excess of £181,302 for a public service or supply contract or in excess of £4,551,413 for a public works contract (or other thresholds determined by the European Commission every two years and published in the Official Journal of the European Union (OJEU)) shall comply with the relevant procurement procedures and other requirements in the Public Contracts Regulations 2015 which include advertising the contract opportunity on the Contracts Finder website and in OJEU. g. A public contract in connection with the supply of gas, heat, electricity, drinking water, transport services, or postal services to the public; or the provision of a port or airport; or the exploration for or extraction of gas, oil or solid fuel with an estimated value in excess of £363,424 for a supply, services or design contract; or in excess of £4,551,413 for a works contract; or £820,370 for a social and other specific services contract (or other thresholds determined by the European Commission every two years and published in OJEU) shall comply with the relevant procurement procedures and other requirements in the Utilities Contracts Regulations 2016.
HANDLING STAFF MATTERS a A matter personal to a member of staff that is being considered by a meeting of Council is subject to standing order 11. b Subject to the Council’s policy regarding absences from work, the Council’s most senior member of staff shall notify the chairman of the Council of absence occasioned by illness or other reason and that person shall report such absence to the Council at its next meeting. c The chairman of Council and the vice-chairman shall upon a resolution conduct a review of the performance and annual appraisal of the work of the Clerk. The reviews and appraisal shall be reported in writing and are subject to approval by resolution by the Council. d The chairman of the Finance Committee and the chairman of the Council shall upon a resolution conduct a review of the performance and annual appraisal of the work of the Responsible Financial Officer. The reviews and appraisal shall be reported in writing and are subject to approval by resolution by the Council.
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e Subject to the Council’s policy regarding the handling of grievance matters, the Council’s most senior member of staff (or other members of staff) shall contact the chairman of the Council or in his absence, the vice-chairman of the Council in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of the Council. f Subject to the Council’s policy regarding the handling of grievance matters, if an informal or formal grievance matter raised by the Clerk or Responsibel Financial Offcer relates to the chairman or vice- chairman of Council this shall be communicated to another member of Council, which shall be reported back and progressed by resolution of the Council. g Any persons responsible for all or part of the management of staff shall treat as confidential the written records of all meetings relating to their performance, capabilities, grievance or disciplinary matters. h In accordance with standing order 11(a), persons with line management responsibilities shall have access to staff records referred to in standing order 19(f).
RESPONSIBILITIES TO PROVIDE INFORMATION
See also standing order 21. a In accordance with freedom of information legislation, the Council shall publish information in accordance with its publication scheme and respond to requests for information held by the Council. b. The Council, shall publish information in accordance with the requirements of the Local Government (Transparency Requirements) (England) Regulations 2015.
RESPONSIBILITIES UNDER DATA PROTECTION LEGISLATION (Below is not an exclusive list).
See also standing order 11. a The Council shall appoint a Data Protection Officer. b The Council shall have policies and procedures in place to respond to an individual exercising statutory rights concerning his personal data. c The Council shall have a written policy in place for responding to and managing a personal data breach. d The Council shall keep a record of all personal data breaches comprising the facts relating to the personal data breach, its effects and the remedial action taken. e The Council shall ensure that information communicated in its privacy notice(s) is in an easily accessible and available form and kept up to date. f The Council shall maintain a written record of its processing activities. 19 06 17 SWIH Full Council full set of papers Page 57 of 68
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RELATIONS WITH THE PRESS/MEDIA a Requests from the press or other media for an oral or written comment or statement from the Council, its councillors or staff shall be handled in accordance with the Council’s policy in respect of dealing with the press and/or other media.
EXECUTION AND SEALING OF LEGAL DEEDS
See also standing orders 15(b)(xii) and (xvii). a A legal deed shall not be executed on behalf of the Council unless authorised by a resolution. b Subject to standing order 23(a), any two councillors may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.
COMMUNICATING WITH DISTRICT AND COUNTY OR UNITARY COUNCILLORS a An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the ward councillor(s) of the District and County Council OR Unitary Council representing the area of the Council. b Unless the Council determines otherwise, a copy of each letter sent to the District and County Council OR Unitary Council shall be sent to the ward councillor(s) representing the area of the Council.
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RESTRICTIONS ON COUNCILLOR ACTIVITIES a. Unless duly authorised no councillor shall:
i. inspect any land and/or premises which the Council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
STANDING ORDERS GENERALLY a All or part of a standing order, except one that incorporates mandatory statutory or legal requirements, may be suspended by resolution in relation to the consideration of an item on the agenda for a meeting. b A motion to add to or vary or revoke one or more of the Council’s standing orders, except one that incorporates mandatory statutory or legal requirements, shall be proposed by a special motion, the written notice by at least one third of the councillors to be given to the Proper Officer in accordance with standing order 9. c The Proper Officer shall provide a copy of the Council’s standing orders to a councillor as soon as possible. d The decision of the chairman of a meeting as to the application of standing orders at the meeting shall be final.
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AGENDA ITEM 8.1.1
Clerk’s Amenities Report – June 2019 1. Sundridge Village Hall 1.1 Car Park Cllr Evans carried out strimming around the hall prior to the Annual Parish meeting. There are some bags of sand that need moving from the front of the hall. The Clerk has updated the notice board by the hall (not an official one). 1.2 Village Hall Bookings There is a new hirer of the Village Hall, Teresa Baker, a pilates instructor. She is hiring the hall on Wednesdays throughout the summer holidays and every Friday afternoon. 1.3 A disabled car parking space needs to be put at the front of the hall and the new Council will need to inspect the car park as it needs some work. 2.0 Grass Cutting Contract The contract with Landscape Services is now underway and there have been no reported issues. 3.0 Sundridge Recreation Ground 3.1 First Construction have been appointed to do the repairs to the pavilion and these will be completed by August 2019. 3.2 Radnor House – Cllr Nash is meeting with Radnor House to discuss an arrangement for the school to use the facilities. 3.3 Members/the Clerk will need to visit the Pavilion and note any repairs/housekeeping that needs to be undertaken. 4.0 Bowsers Meadow This will need to be addressed by the Amenities Committee as there continues to be complaints. 5.0 Ide Hill Public Conveniences This item included in Agenda. 6.0 Ide Hill Car Park The disabled car parking space needs marking out again. 7.0 Stubbs Wood Update from Stubbs Wood Management Committee 8.0 Sundridge & Brasted Social Club This item is included in Agenda. 9.0 Registration of Parish Properties Cllr Jones is undertaking the registration of Parish properties 10.0 Amenities Committee Date needs to be set for a meeting before the next Full Council meeting.
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AGENDA ITEM 8.1.2
Ide Hill
Date Condition Member Comments
1. Car Park - Notice Board 2018 Excellent New
2. Car Park – Defibrillator 2016 Excellent
3. Car Park – Public Toilets – outside Satisfactory
4. Car Park - Ladies Satisfactory
5. Car Park – Mens Poor Door needs fixing
Broken step
Issue with urinal
6. Car Park – Disabled Unknown Unable to access
7. Car Park – Disabled Space Poor Needs re-hatching
8. Car Park – General Poor Needs potholes repaired
9. Village Green Good
10. Sign by Church Poor Needs removing
11. Ide Hill – Notice Board (old) Poor Sign to be donated to village to use for advertising
12. Ide Hill Green - Well Good
13. Ide Hill Green – Bus Shelter Good Roof recently replaced
14. Ide Hill Recreation Ground – Gate 2018 Good Gate recently repaired
15. Ide Hill Recreation Ground – 2018 Good Recently replaced bollards
16. Ide Hill Recreation Ground – 2018 Excellent Playground is newly playground installed
17. Ide Hill Recreation Ground – sign Poor Needs replacing
18. Ide Hill Recreation Ground dog bin Good
19. Ide Hill Recreation Ground – Poor Needs netball court resurfacing/replacing
20. Goathurst Common – dog bin Good
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21. Goathurst Common – picnic bench Poor Needs replacing
22. Goathurst Common -bomb shelter Poor Needs surveying
23. Goathurst Common – playground Poor Some equipment needs renovating/replacing
24. Goathurst Common -goal posts Poor Need replacing with small goal posts
25. Goathurst Common – picnic bench Poor Needs replacing
26. Goathurst Common- Good commemorative tree
27. Goathurst Common – well Good
28. Stubbs Wood – barrier 2018 Excellent Recently repaired
29. Stubbs Wood – noticeboard Broken Needs removing/replacing
30. Stubbs Wood – 2 gates Good
31. Stubbs Wood – dog bin Good
32. Bus Shelter (opposite Stubbs Satisfactory Needs some maintenance Wood) to remove foliage
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Sundridge
Date Condition Comments
33. Sundridge Recreation Ground – 2019 Good Recently replaced Gate
34. Sundridge Recreation Ground – Poor Fence/caging needs Gas cage replacing
35. Sundridge Recreation Ground – Good dog bin
36. Sundridge Recreation Ground – Poor Cllr Evans to replace benches
37. Sundridge Recreation Ground – Poor Cllr Banbrook Sign organising new sign
38. Sundridge Recreation Ground – Satisfactory Pavilion
39. Doors- need security Poor
40. Cage 2018 Good
41. Kitchen Satisfactory
42. Changing room Satisfactory
43. Showers Satisfactory
44. General Area Satisfactory
45. Toilets Satisfactory
46. Allotment Lane – dog bin Good
47. Bowser’s Meadow – Gate Poor
48. Bowser’s Meadow – Entrance Poor
49. Bowser’s Meadow – Playground Poor Needs repair/replacing
50. Church – dog bin Good
51. Coronation Gardens – general Satisfactory Needs some tidying up
52. Coronation Gardens - benches Good
53. Coronation Gardens – village sign 2018 Excellent Currently being replaced
54. Bus Shelter – Main Road (West) Good
55. Bus Shelter – Main Road (East) Good
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56. Parish Notice Board 2018 Excellent
57. White Horse – Defibrillator 2016 Excellent
58. Sunridge Village Hall – car park Poor Needs resurfacing
59. Sundridge Village Hall – bollards 2018 Excellent New
60. Sundridge Village Hall – outside Poor Needs tidying up area
61. Sundridge Village Hall – toilets Satisfactory
62. Sundridge Village Hall – décor 2017 Good
63. Sundridge Village Hall – floor 2018 Good
64. Sundridge Village Hall – kitchen Satisfactory
65. Sundridge & Brasted Social Club Unknown
66. Sundridge Burial Ground Satisfactory Discuss possibly selling land
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AGENDA ITEM 8.3.1
Sundridge & Ide Hill Budget for 2019/20 Income
Code Description Actual Budget Actual vs Budget Recommendations 2019/20 100 Precept £31,620.00 £63,000.00 £31,380.00 £63,000.00 101 Grants £0.00 103 Sevenoaks District Council/CiL £2,669.89 £4,000.00 £1,330.11 £4,000.00 CiL 104 Evans Cycle £100.00 £100.00 £100.00 105 Misc £0.00 1000 Hall hire £500.00 £500.00 £500.00 1001 Puppy school £1,500.00 £1,500.00 £1,500.00 1002 Dance School £831.25 £2,500.00 £1,668.75 £2,500.00 1006 Recreation Ground £2,415.00 £3,500.00 £1,085.00 £3,500.00 106 VAT £6,884.54 -£6,884.54 Sub-total £44,420.68 £75,100.00 £30,679.32 £75,100.00 1005 Total Income £44,420.68 £75,100.00 £30,679.32 £75,100.00
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Sundridge & Ide Hill Budget for 2019/20 Overhead costs
Code Description Actual Budget Actual vs Budget Clerk & RFO Expenses 400 Clerks & RFO Salary £2,514.85 £15,000.00 £12,485.15 16.77% 401 Clerk & RFO Tax & NI £4,000.00 £4,000.00 0.00% 403 Travel Expenses £183.51 £1,000.00 £816.49 18.35% Totals £2,698.36 £20,000.00 £17,301.64 13.49% Members Expenses 500 Members Expenses £1,000.00 £1,000.00 0.00% 502 Election Expenses £1,565.00 £1,565.00 0.00% Totals £0.00 £2,565.00 £2,565.00 0.00% Administration Costs 600 Insurance Main Policy £1,350.00 £1,350.00 0.00% 601 Insurance Sundridge Rec £150.00 £150.00 0.00% 602 Postage & Delivery £27.38 £200.00 £172.62 13.69% 603 Printing £50.00 £50.00 0.00% 604 Photocopying £203.51 £1,000.00 £796.49 20.35% 605 Stationery £22.97 £100.00 £77.03 22.97% 606 Subscriptions £824.90 £1,000.00 £175.10 82.49% 607 Telephone £149.20 £400.00 £250.80 37.30% 608 Hire of Village Ide Hill hall £50.00 £50.00 0.00% 609 Equipment Software £325.00 £325.00 0.00% 610 Misc. Contingency £84.00 £300.00 £216.00 28.00% 611 Training £170.00 £170.00 0.00% 612 Aviation Group Clerk £125.00 £125.00 0.00% 613 Village Plans £0.00 615 Website Development £700.00 £700.00 0.00%
Totals £1,311.96 £5,920.00 £4,608.04 22.16% Professional Services 6000 Legal £6,000.00 £6,000.00 0.00% 6001 Payroll and Auditor £228.30 £1,000.00 £771.70 22.83% Totals £228.30 £7,000.00 £6,771.70 3.26% TOTAL OVERHEAD COSTS £4,238.62 £35,485.00 £31,246.38 11.94% Street Lighting 700 Energy Cost £995.47 £5,000.00 £4,004.53 19.91% 701 Maintenance Cost £1,353.90 £3,500.00 £2,146.10 38.68% 702 Repairs £117.30 £1,000.00 £882.70 11.73% Totals £2,466.67 £9,500.00 £7,033.33 25.96% Stubbs Wood 800 Running Cost £3,000.00 £3,000.00 0.00% 801 Dog Bin under Code 2005 Totals £0.00 £3,000.00 £3,000.00 0.00% Highways 1000 Bus shelters £500.00 £500.00 0.00% 1001 Village signs £400.00 £400.00 0.00% 1002 Notice boards £100.00 £100.00 0.00% 1003 Misc. Contingency £700.00 £700.00 0.00% Totals £0.00 £1,700.00 £1,700.00 0.00% Grounds' Maintenance 2000 Grass cutting - Sundridge under code 7002 2001 Grass cutting - Ide Hill £9,300.00 £9,300.00 0.00% 2002 Tree Work £1,000.00 £1,000.00 0.00% 2003 Hedges £550.00 £550.00 0.00% 2004 Contingency £500.00 £500.00 2005 Dog bins £1,750.00 £1,750.00 0.00% Totals £0.00 £13,100.00 £13,100.00 0.00% Sundridge Village Hall 3000 Cleaning £360.00 £1,500.00 £1,140.00 24.00% 3001 Maintenance £2,000.00 £2,000.00 0.00% 3002 Energy £1.75 £1,250.00 £1,248.25 0.14% 3003 Water £300.00 £300.00 0.00% 3004 Insurance £500.00 £500.00 0.00% Totals £361.75 £5,550.00 £5,188.25 6.52% Sundridge Recreation & Pavilion 7000 Cleaning £700.00 £700.00 0.00% 7001 Pavilion Maintenance £2,000.00 £2,000.00 0.00% 7002 Ground Maintenance £2,485.00 £3,000.00 £515.00 82.83% 7003 Energy £41.88 £250.00 £208.12 16.75% 7004 Water £300.00 £300.00 0.00% 7005 Insurance £0.00 £0.00 #DIV/0! 7006 Miscellaneous £500.00 £500.00 0.00% Totals £2,526.88 £6,750.00 £4,223.12 37.44% Ide Hill Car Park & Conveniences 5000 Ide Hill car Park £250.00 £250.00 0.00% 5001 Ide Hill Conveniences £2,379.78 £3,000.00 £620.22 79.33% 5002 Contingency £250.00 £250.00 0.00% Totals £2,379.78 £3,500.00 £1,120.22 67.99% Bowsers Meadow 8000 Maintenance £7,500.00 Others (grants, Playground,Misc) £6,050.00 TOTAL ASSET COSTS £7,735.08 £43,100.00 -£35,364.92 17.95% Total Overhead £11,973.70 £92,135.00 £80,161.30 13.0%
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Sundridge & Ide Hill Budget for 2019/20 Overview of Income and Expenditures
Code Description Actual Budget Actual vs Budget Recommendations Income Precept £31,620.00 £62,000.00 £30,380.00 -49.0% Sevenoaks District Council £2,489.89 £4,000.00 £1,510.11 Other £3,246.25 £8,100.00 -£4,853.75 Sub-total £37,356.14 £74,100.00 £27,036.36 £0.00 Total Income £37,356.14 £74,100.00 £36,743.86 -49.6% Expenses Overhead: Clerk & RFO Expenses £2,698.36 £17,600.00 -£14,901.64 -84.7% Members Expenses £2,000.00 -£2,000.00 -100.0% Administration Costs £1,311.96 £5,620.00 -£4,308.04 -76.7% Professional Services £228.30 £2,500.00 -£2,271.70 -90.9% Sub-total - Overhead £4,238.62 £27,720.00 -£23,481.38 -84.7% Asset costs: Street Lighting £2,466.67 £9,500.00 -£7,033.33 -74.0% Stubbs Wood £3,000.00 -£3,000.00 -100.0% Highways £4,000.00 -£4,000.00 -100.0% Grounds' Maintenance £13,600.00 -£13,600.00 -100.0% Sundridge Village Hall £361.75 £6,250.00 -£5,888.25 -94.2% Sundridge Recreation & Pavilion £2,526.88 £7,250.00 -£4,723.12 -65.1% Ide Hill Car Park & Conveniences £2,379.78 £3,500.00 -£1,120.22 -32.0% Sub-total - Assets £7,735.08 £47,100.00 -£39,364.92 -83.6% Other Costs: Grants £1,965.00 £4,750.00 -£2,785.00 -58.6% Playground areas £2,000.00 -£2,000.00 -100.0% Bowers meadow Miscellaneous £250.00 -£250.00 Sub-total - Other £1,965.00 £7,000.00 -£5,035.00 -71.9%
Total Expenditures £13,938.70 £81,820.00 -£67,881.30 -83.0%
Operating Balance (Surplus/Loss) £23,417.44 -£7,720.00 £104,625.16 -403.3%
Total £13,938.70
Adjusted Operating Balance £37,356.14 Simple Statistics: Income less Overheads £33,117.52 £46,380.00 Overhead as % of Income 11.3% 37.4% Asset costs as % of Income 20.7% 63.6% Income less O'heads & Asset £25,382.44 -£720.00 All costs as % of Income 37.3% 107.7% Total Costs as % of Total Income 37.3% 110.4%
Bank Accounts 05/04/2019 05/06/2019 4407 Sundridge Recreation Account £9,259.81 closed Closed 3008 Stubbs Wood £15,000.00 £15,000.00 3024 Sundridge Village Hall £9,612.16 £9,612.16 5553 Eliza charity Account £0.00 £0.00 £0.00 7268 Current Account £69,251.22 £98,766.84
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AGENDA ITEM 9.1.1
1. The Rural Bulletin - 29 May 2019 2. SDC- Special Audit Committee – 21 May 2019 – Minutes 3. INVITATION: Working Together to Build a Resilient Water Future for the South East - Southern Water, South East Water & Portsmouth Water 4. KALC - COUNCILLORS CONFERENCE JULY 2019 – sent to all Cllrs 5. News from West Kent Mediation 6. KALC - Chief executive's bulletin 7. The Rural Bulletin - 04 June 2019 8. RSN Rural Funding Digest - June 2019 Edition 9. KALC - NALC Star Council Awards 2019 10. KALC - NATIONAL CSSC Green Message - NFIB Fraud Alert - 4 June 2019 11. KALC - Scams awareness and how to protect yourself 12. SDC- Final Draft -Family Fun Days 13. SDC - Helping Hand into Employment 28 June 2019 14. KALC - NALC Newsletter 15. KALC Updated Flyer - Dynamic Councillor Events with spaces remaining. 16. KALC - Chief executive's bulletin 17. SDC - Delegated Decisions List by Parish from 13.05.19 to 09.06.19 18. The Rural Bulletin - 11 June 2019 19. SDC - Rural Village Shops Programme 20. SDC – Finance & Advisory Committee – 4 June 2019 – Minutes Health Liaison Board – 5 June 2019 - Minutes 21. KALC - Old Chalk New Downs - Walking Festival and Volunteer TraineeOpportunities 22. KALC - NALC Star Council Awards 2019 23. KALC - Office of the Kent Police & Crime Commissioner: Volunteer Scheme -deadline 1 July 24. Sevenoaks District Council: Sevenoaks man prosecuted for fly tipping in Riverhead 25. SDC - Licensing Hearing – 31 May 2019 – Minutes and Decision Notice 26. CAGNE - Government Aviation Green Paper 27. KALC - HMRC Scams 28. SDC - 01 (2019/20) - Approval of designation of the Neighbourhood Plan Area for Badgers Mount 02 (2019/20) 2 Approval of designation of the Neighbourhood Plan Area for Halstead 03 (2019/20) - Approval of designation of the Neighbourhood Plan Area for Shoreham
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