Terms and conditions

Businesses/organisations accepting grant offers from this scheme are required to abide by and agree to the following terms and conditions:

  1. The approval or refusal of a grant is at the absolute discretion of Tonbridge and Malling Borough Council (‘the Council’) and there will be no right to an appeal process.
  2. Grants will not be given for expenditure incurred prior to the grant offer being made and the Grant Offer Letter signed.
  3. The grant is not payable to an un-discharged bankrupt.
  4. The grant must be used for the purpose intended as outlined in the Grant Offer Letter (this will be supported by producing original invoices for the grant claim).
  5. In the case of tenants, payment of the grant requires the building owner’s approval and providing proof of a minimum of a two-year lease for the building.
  6. If the business/organisation ceases trading/operating within two years of the payment of the grant or the building is sold, the applicant must notify the Council within 14 days and in such circumstances the Council may require the applicant(s) to repay, in whole or part of, the grant paid.
  7. The grant must not be used for improvements to residential property, external security features, CCTV systems or recoverable VAT.
  8. If the applicant is registered for VAT this must be declared on the application form. If at any point the business/organisation becomes VAT registered, the applicant must inform the Council and discuss repayment of VAT expenses claimed.
  9. The grant will only be paid to proposals which, where required, have been granted all relevant permissions (e.g., Planning/Advertising etc.). Nothing in the agreement or negotiation of the grant will affect the Council’s decision over planning permission. Failure to provide satisfactory proof will result in a delay in payment being made and could result in grant forfeiture.
  10. All works are to be undertaken strictly in accordance with the specification and schedule of works agreed with the Council.
  11. The Council’s written approval must be obtained in advance of any amendments to the approved specification and schedule of works. Amendments include the omission or variation of the agreed works and the execution of additional works. Failure to comply with this condition may invalidate the grant offer even if the additional work is not grant aided.
  12. Representatives of the Council must be allowed access to the property to carry out interim inspections of the works in progress, by appointment at any reasonable time.
  13. There is no obligation on the Council to increase the grant if the costs of works increase, or if any additional work is undertaken.
  14. A proportional reduction will be made in the grant if the actual cost of the eligible work proves to be less than estimated. Payment will be made in arrears upon the production of the grant claim form along with supporting documentation (e.g., paid invoices) subject to the percentage criteria.
  15. The applicant must inform the Council of any changes to the business/organisation or changes of business address and/or telephone number.
  16. The grant is made on the condition that the property will be maintained to a satisfactory standard for a minimum of two years.
  17. Any grant must be taken up within the period stated in the Grant Offer Letter or the offer will lapse.
  18. Payments of grants to successful applicants will be made in arrears, in one sum on the receipt by the Council of evidence that the applicant has incurred the expenditure. A supporting statement should show how the expenditure relates to the individual items in the approved schedule of works together with all relevant supporting evidence.
  19. Expenditure must be incurred using a debit/credit card/cheque or direct bank payment and evidenced through a bank statement. Payments of grants will not be made towards expenditure incurred using the payment method of cash.
  20. The Council reserves the right to publish illustrations, photographs or other details of your project in promotional literature and other documents associated with Council grant schemes.
  21. Applicants will need to sign the contract within 21 days from the date offered otherwise the offer will be withdrawn.
  22. If the applicant undertakes any work that, in the opinion of the Council, significantly alters or removes any elements of the grant aided work, the Council shall have the right to recover such proportion of the grant as it sees fit. This condition shall apply for a period of five years starting on the day on which the final grant payment is made.
  23. Under s58(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990, if any grant condition is contravened or not complied with, the Council reserves the right to recover the grant, or such part of it as the Council sees fit.