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  • Agenda item
  • Agenda item

    Kent Minerals and Waste Local Plan 2013 - 2030 Early Partial Review. Kent Mineral Sites Plan and revised Local Development Scheme

    Minutes:

    Sharon Thompson, (Head of Planning Applications) was in attendance for this item. 

     

    1.            Mr Oakford introduced this item and was grateful for the work that Sharon and her team had done to produce the information.  The report had already been submitted to the Cabinet Committee and would be on the agenda for Full Council, where approval would be sought to submit the Pre-Submission drafts of the Plans to Government for independent examination.   

     

    2.            Sharon Thompson explained that the County Council was required to prepare a Minerals and Waste Local Plan and that this was an important document for future planning decisions.

     

    3.              KCC adopted the Kent Minerals and Waste Local Plan (KMWLP) in July 2016 and this provided the overarching strategy for mineral ands waste management development within the County.  The Plan also committed the County Council to preparing Site Plans to identify the agreed need in the KMWLP.  The report provided an update on the local plan work undertaken since 2017, it proposed a pre-submission draft of the Minerals Sites Plan and an Early Partial Review of the Kent Minerals and Waste Local Plan.  The intention was that subject to the views of the Environment and Transport Cabinet Committee, Cabinet and County Council those documents would be submitted to the Government appointed inspector.  The Cabinet consideration of the document was a key part of the journey but by no means the end of the journey.

     

    4.            Sharon explained the two work streams; Early Partial Review and the Minerals Sites Plan. 

     

    5.            The Early Partial Review work had concluded that the Council would not require a Waste Sites Plan.  The work had included a review of capacity need and identified that the KMWLP capacity had been met, so a waste sites plan was not necessary.  The adopted KMWLP had to be varied to avoid a public stated need for additional capacity.  Evidence of using the adopted policies had also identified some inefficiencies in the waste and minerals safeguarding policies and opportunities were being taken to improve the efficiency of these policies.  The Early Partial Review work proposed revised recycling and recovery targets which reflect Kent and EU targets.   

     

    6.            Minerals Sites Plan – work identified that there was a need for a Sites Plan.  Following the call for sites and initial assessment, 9 sites subject to public consultation and detailed assessment.  The documents set out the outcome of the public assessment and detailed technical advice. 

     

    7.            The allocated sites need to meet certain tests, and be acceptable in principle for mineral development.  They will also require planning permission.  Allocation in the plan did not automatically result in planning permission.  The papers included the methodology along with the consultation responses and views of the technical consultees.  A wide range of environmental impacts were considered and as a result 3 potential sites were identified for allocation and these were set out in the document provided to the Cabinet.  The 6 other remaining sites were not proposed to be taken forward, the reasons behind this were set out in the documents. 

     

    8.            The Environment and Transport Cabinet Committee considered Kent Minerals and Waste Local Plan documents during the previous week along with some late representations.  Sharon drew this information to Members’ attention and this was set out in Appendix 9 of the agenda pack.  There was a detailed representation from:

     

    a.    The Brett Group promoting the Lydd site, suggesting why that site should be allocated;

    b.    The residents of Whetsted, opposing the potential allocation of Mote Farm and Stonecastle Farm sites;

    c.    The Ryarsh Protection Group opposing the allocation  of the West Malling site  and drawing attention to petition given to the House of Commons. 

     

    Lastly the promotors of the West Malling site (the Ryarsh site) submitted a legal opinion advising that in its view the Council’s methodology which had led to the exclusion of the Ryarsh site on greenbelt grounds was flawed.  As a result of this the County Council had sought its own legal advice the previous week.  The Ryarsh opinion was in Appendix 9.  The County Council’s legal advice was circulated at the meeting, along with a summary from Invicta Law.  Sharon added that KCC had re-considered the green belt assessment in light of the legal advice, and had also held a telephone conference with Counsel.  A final version of the assessment was being prepared and it was proposed that this would be submitted to County Council on 13 December, however Sharon advised the Cabinet that reconsideration of green belt matters had concluded that the mineral excavation development and the restoration of the mineral working by infilling to existing ground levels  would constitute inappropriate development within the green belt and there were no very special circumstances that would justify allocating that site.  Therefore, it was still proposed that the Ryarsh site was not allocated in the Minerals Sites Local Plan. 

     

    9.            Sharon drew Members’ attention to Appendix 4 which proposed a new timetable which had to be available to the Secretary of State and explained that the report would now be submitted to County Council on 13 December.

     

    10.         The Leader reinforced that there would be another opportunity to discuss this at County Council on Thursday 13 December.

     

    11.         Miss Rankin asked for clarification on why Stonecastle Farm quarry site (which was in greenbelt) was not inappropriate and how would the Council ensure that, bearing in mind the close proximity between Stonecastle Farm and Moat Farm quarry, the two sites were not extracted together. Sharon explained that the Stonecastle and Moat Farm sites were not deemed inappropriate because the circumstances in those sites were different to Ryarsh and would be worked in extension to existing sites. To stop sites being worked concurrently, the Minerals Sites Plan Appendix 1 clearly set out the timing implications and these would not work concurrently.

      

    RESOLVED that Cabinet agree to:

     

    (i) Note the additional representations from

    (a) Brett Group, the promoter of the M2 Lydd Quarry Site

    (b) Local resident on behalf of Whetsted Residents in respect of the M10 and M13 sites at Stonecastle Farm and Moat Farm

    (c) Ryarsh Protection Group in respect of M8 West Malling Site

    (d) Borough Green Sandpits, the promoter of the M8 West Malling Site in the form of legal opinion dated 27th November 2018 from Landmark Chambers and that the County Council had sought legal advice in respect of the legal opinion referred to in (i)(d) above to inform the consideration of the Pre-submission Draft of the Minerals Sites Plan in advance of the report being considered by County Council.

     

    (ii) Note Counsel’s response to the legal opinion from the promoter of the West Malling Site (M8)

     

    (iii) Consider and endorse, or make recommendations to the Cabinet Member responsible for the Minerals and Waste Local Plan on the proposed:

    (a) Pre-submission Draft of the Kent Mineral Sites Plan;

    (b) Pre- submission Draft of the Early Partial Review of the Kent Minerals and Waste Local Plan; and,

    (c) the updated Local Development Scheme (revised timetable) to reflect changes to the programme and timetable concerning preparation of the Local Plan work.

     

    (iv) note that the decision to approve the Pre-submission Drafts Plans for submission to the Secretary of State for independent examination is a matter for County Council;

     

    (v) request the County Council to:

     

    (a) Approve and publish the Pre-Submission Drafts of the Kent Mineral Sites Plan and the Early Partial Review of the Kent Minerals and Waste Local Plan for a statutory period of representation and to submit the Draft Plans to the Secretary of State for independent examination; and,

    (b) delegate powers to the Corporate Director for Growth, Environment & Transport to approve any non-material changes to the Mineral Sites Plan and Early Partial Review of the Kent Minerals and Waste Local Plan in consultation with the Deputy Leader prior to their publication and during their examination.

    Supporting documents: