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Summary
Swale Borough Council met to discuss a range of issues, including a motion to commemorate deceased councillors, the regulation of houses in multiple occupation (HMOs), and updates to the council's treasury management strategy. Councillors also approved new and amended fees for planning applications and agreed to several amendments to the council's constitution.
HMO Regulation
The council resolved to begin the process of introducing a borough-wide immediate Article 4 Direction1 under the Town and Country (General Permitted Development) (England) Order 2015, which would mean that planning permission is required to convert a dwelling house (Use Class C3) into an HMO2 for up to six residents (Use Class C4). The motion, proposed by Councillor Mike Whiting and seconded by Councillor Kieran Mishchuk, also included a referral to the relevant committee to develop a Supplementary Planning Document (SPD) addressing:
- A maximum threshold for HMOs within defined areas or individual streets.
- Minimum off-street parking requirements for HMOs.
- Proper waste and recycling storage and management.
- Minimum room sizes and standards.
The council also agreed to consult with residents, ward councillors, parish councils, area committees, and other stakeholders.
Commemoration of Deceased Councillors
The council supported a motion to establish a formal memorial within a civic building to commemorate councillors who die while serving their communities. The motion, proposed by Councillor Lloyd Bowen and seconded by Councillor James Hunt, also allows the council to posthumously confer the title of Honorary Alderman on councillors who pass away during their term of office but would have completed twelve years of service by the end of that term, with permission from the family. The council also agreed to review records to identify instances since the creation of Swale Borough Council where members could be included in a future memorial or awarded the Honorary Alderman title posthumously.
Treasury Management Strategy
The council approved updated Treasury Management Prudential Indicators for 2025/26, following changes required due to the adoption of International Financial Reporting Standard 16 (IFRS 16) – Accounting for Leases. These changes affect how the council accounts for leased assets, which are now recognised as Right of Use Assets and Short/Long term lease liabilities on the balance sheet. The updated strategy includes revisions to the Operational Boundary and Authorised Limit for external debt, reflecting the inclusion of long-term lease liabilities.
Planning Application Fees
The council approved the introduction of new and amended fees for planning applications, as recommended by the Task and Finish Group and supported by the Policy and Resources Committee. These changes include:
- Charges for amendments to undetermined applications.
- Fees for monitoring biodiversity net gain (BNG).
- A fee schedule for Planning Performance Agreements (PPAs).
- A revised pre-application and post-decision advice fee schedule.
Councillor Absence
The council agreed that health grounds were an appropriate reason to waive the requirement under s85(1) of the Local Government Act 1972 for Councillor Roger Clark and Councillor Rich Lehmann to attend a council meeting within six months of their last attendance. This decision ensures that both councillors can continue to serve their constituents despite ongoing health issues.
Constitutional Amendments
The council agreed to several amendments to its constitution, as proposed by the Constitution Working Group (CWG). These changes aim to correct errors, provide clarity, and improve the efficiency of council operations. Key amendments include:
- Clarifying that the Leader of the Council will be the Chair of the Policy and Resources Committee.
- Setting the term of office for the Leader of the Council at one year.
- Revising the composition of subcommittees and working groups, particularly regarding the Disciplinary and Investigations Committees.
- Updating delegations to the Monitoring Officer to include consultation with the Chairman of the Constitution Working Group for necessary updates and minor textual changes.
- Changes to write off procedures and limits, including increasing the single amount due to the Council that can be written off by directors and the Chief Executive from £5,000 to £10,000, or with Strategic Management Team Directors and CX approval from £10,000 to £20,000.
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An Article 4 Direction removes permitted development rights in a specific area. This means that planning permission is required for certain types of development that would normally be allowed without it. ↩
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A House in Multiple Occupation (HMO) is a property rented out by at least 3 people who are not from 1 'household' (for example, a family) but share facilities like the bathroom and kitchen. ↩
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