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  • Cabinet Member decisions
  • Cabinet Member decisions

    Earlier - Later

    Decisions published

    24/09/2021 - 21/00073 - Kent Minerals and Waste Local Plan 2013-30 - 5 Year Review of 2016 adopted Plan ref: 2520    Recommendations Approved

    Proposed decision

     

    To agree the 5 year Review of the Kent Minerals and Waste Local Plan 2013-30, as adopted July 2016.

     

    Background

    The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the National Planning Policy Framework 2021 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, in line with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

     

    The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016 and subject to an early partial review of a limited number of policies in 2020 represents the planning policy framework for minerals and waste development in Kent. The Kent Minerals and Waste Local Plan contains a number of policies relating to strategic planning for minerals supply and waste management capacity, as well as Development Management policies against which planning applications for these types of development should be assessed. The Plan also includes a number of policies related to the safeguarding of mineral resources and waste management facilities. 

     

    The Regulations require Local Planning Authorities to review their Local Plans every 5 years.  This is to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs of the local community. Policies must be both legally compliant and sound, and in order to be considered sound they should meet the tests of being positively prepared, justified, effective and compliant with national policy. The Plan was partially reviewed in 2020 in the KMWLP Early Partial Review 2020.  As a minimum, the 5 year Review requires an assessment of the 2016 policies that were not revised as a result of the 2020 Early Partial Review work.

     

    The current Review process has been undertaken with an assessment of all policies.  As a result, a  number of policies have been identified as outdated or no longer meeting the tests of soundness. This assessment is set out in detail in the Review of the Kent Minerals & Waste Local Plan 2021. To satisfy the Regulations regarding the 5 year Review, the Council is required to agree the assessment.  This 5 year Review effectively completes the current local plan cycle.

     

    The changes needed to the 2016 Kent Mineral and Waste Local Plan identified as a result of the review work form the basis for the next plan making cycle.  This starts with a public consultation on the proposed changes, in line with Regulation 18 of The Regulations.

     

    Revisions are proposed to the adopted Local Plan to principally reflect changes in national policy and guidance since 2016.  These include amongst others, changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy and those concerned with climate change and protection and enhancement of the natural environment. Revised draft policy and supporting text have been prepared.  To satisfy the requirements of the Plan Making Regulations, consultation is now required on the proposed revisions to the adopted Plan so as to inform and influence future local plan work and the version that the Council will ultimately submit for examination  to the Planning Inspectorate.

     

    This Executive Decision addresses the need to agree the 5 year Review of the 2016 adopted Kent Minerals and Waste Local Plan  2013-30 and approves for public consultation (Regulation 18) proposed changes to the Kent Mineral and Waste Local Plan 2013-30. 

     

     

    How the proposed decision meets the objectives of ‘Setting the Course’: Kent County Council’s Interim Strategic Statement (December 2020)

    The KMWLP delivers the Council’s adopted Mineral and Waste Local Plan strategy and policies and is important in the determination of planning applications in Kent. A local plan is in accordance with national planning policy and guidance and provides a local perspective.  It supports the County Council’s corporate policies contained within the Council’s Setting the Course – Kent County Council’s Interim Strategic Plan 2020, which sets the Council’s priorities for the next 18 months. .

     

    Kent’s mineral and waste planning policies support and facilitate sustainable growth in Kent’s economy. In addition, they support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs. The proposed revised policy will reflect recent changes to the environmental agenda including mitigation and adaptation to Climate Change and Kent’s Climate Change Statement and measures to support covid recovery.

    Decision Maker: Cabinet Member for Environment

    Decision published: 27/09/2021

    Effective from: 05/10/2021

    Decision:

    As Cabinet Member responsible for the Minerals and Waste Local Plan, I agree the five-year review of the Kent Minerals and Waste Local Plan 2013-30 (as set out in Appendix 1) for publication.

    Division affected: (All Division);

    Lead officer: Sharon Thompson


    22/09/2021 - 21/00071 - Highway Emergency Tree Works Contract ref: 2517    For Determination

    Proposed decision:

    To provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of Emergency Tree Works, including any potential extension periods in accordance with the expectations set out in the report.

     

    Background:

    The Council has a legal duty to keep roads and pavements clear of vegetation for safe passage of highway users. The main service areas comprise of clearing felled trees, most notable in adverse weather conditions. These services will need to be commissioned externally to ensure the Council meets its obligations.

     

    The contract period is proposed to be three years with an opportunity to extend this for up to three further years. Any decision to extend the contract will be linked to performance and contract compliance.

     

    The proposed Highway Emergency Tree Works Contract is to enable the procurement and delivery of emergency response specialist tree surgery teams to attend at short notice on a 24/7 basis. Emergency type response times will include a 2-hour and 24-hour requirement. Suppliers will be required to provide suitably qualified staff and have access to the necessary specialised equipment to be able to remove fallen trees and branches from causing an obstruction to the highway.

     

    There is no programmed works and work volumes are dictated by the weather and where emergency situations occur. This varies from year to year and is largely dependent on the prevailing weather and storm events.

     

    To enable delivery across the county the following lots are being sought:

     

    • Lot 1 (West) - Maidstone, Dartford, Gravesham, Sevenoaks, Tonbridge & Malling, and Tunbridge Wells 

    • Lot 2 (East) - Ashford, Swale, Canterbury, Thanet, Dover, and Folkestone and Hythe

     

    Decision Maker: Cabinet Member for Highways and Transport

    Decision published: 22/09/2021

    Effective from: 30/09/2021

    Decision:

    As Cabinet Member for Highways and Transportation, I agree to provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of Emergency Tree Works, including any potential extension periods in accordance with the expectations set out in the report.

    Division affected: (All Division);

    Lead officer: Robin Hadley


    22/09/2021 - 21/00066 - Kent Active Travel scheme - Cinque Ports Phase 5 - A259 Palmarsh to Dymchurch Redoubt forming part of the proposed Cinque Ports cycle path between Folkestone and Lydd ref: 2516    Recommendations Approved

    Proposed decision:

     

    The Cabinet Member for Highways & Transport is asked to give approval to proceed to construction of this scheme, subject to land negotiations with the Ministry of Defence being agreed upon and;

     

    specifically, to:

     

    i)        give approval to progress all statutory approvals or consents required for the scheme;

    ii)        give approval to progress with the necessary land acquisitions required to deliver the scheme – likely to be a deed of dedication rather than a land transfer;

    iii)       give approval to enter into construction contracts as necessary for the delivery of the scheme

     

    I also agree to delegate authority to Corporate Director of GET, in consultation with the Corporate Director of Finance & Procurement, to enter into relevant legal agreements and take other actions necessary to implement this decision.

     

    ·    Reason: To seek approval from Cabinet Members of the Council to proceed to construction for phase 5 of the Folkestone to Lydd cycle facility.

     

    ·    Background: The Department for Transport have awarded Kent County Council £6.098m for five named active travel schemes across the County of which £1,220,000 is for Phase 5 of the Folkestone to Lydd cycle facility known as the Cinque Ports cycle path which aims to provide a continuous walking and cycling route. 

     

    ·    To date the cycle path has been constructed between Folkestone and Palmarsh using Local Growth Fund.

     

    ·     How the proposed decision meets the priority actions of Setting the Course: Kent County Council’s Interim Strategic Plan (December 2020). The proposal meets the priority action to consider the appropriate use of active travel schemes (walking and cycling) within the development of the new Local Transport Plan.

     

    Decision Maker: Cabinet Member for Highways and Transport

    Decision published: 22/09/2021

    Effective from: 30/09/2021

    Decision:

    As Cabinet Member for Highways and Transport, I agree to proceed to construction for phases 5A and 5B pending satisfactory land agreements.

    Division affected: Hythe West; Romney Marsh;

    Lead officer: Andy Nicklin


    22/09/2021 - 21/00075 - Independent Cost Consultancy Services ref: 2519    Recommendations Approved

    Proposed decision

    The Cabinet Member for Highways and Transport is requested to give approval to:

     

    a)    Procure a single supplier agreement to allow independent cost consultancy services to be made available to teams within Growth, Environment and Transport.

     

    b)    Provide the Director of Transportation with the delegated authority to enter into the appropriate contractual arrangements for the provisions of the Independent Cost Consultancy Services, including future extensions.

     

    Reason for the decision

    Approvals to allow for the procurement of a single supplier agreement to allow for independent cost consultancy services to be engaged on highways projects.

     

    Background

    The Major Capital Programme Team have been using independent cost consultancy services for over 10 years to ensure that costings provided through the design process are realistic, that budgets are robust and to ensure that best value is achieved from highways, transportation and other civil engineering projects. The cost consultants have also provided support in the preparation of construction contracts and provided advice on contractual matters.

     

    The Major Capital Programme Team consider that it is imperative to have an independent cost consultancy available to support the delivery of large-scale construction projects. The independence from the design work provides a 3rd party check which is used to support business cases and give greater confidence in project budgeting throughout the delivery of a scheme. This is particularly relevant in the short to medium term as the team continues to manage uncertainty around inflation and project delays facing the construction industry as a result of material and labour shortages.

     

    Having an external supplier provide these services is more cost effective than employing staff with the relevant expertise in-house, particularly as the work load will vary and there is no guarantee that they could be fully utilised all year round. An external company provides resilience for the service, with a broad range of experience and the ability to manage the varying demand.

     

    The availability and support of a single supplier allows for consistency in approach across the large forward programme of schemes which are being delivered. It also means that KCC can react quickly to the challenging timescales that are set by Central Government for external funding opportunities.

     

    • Options (other options considered but discarded)

    Frameworks - The team considered a number of existing frameworks that could be used to access cost consultancy services, but none of these frameworks provided contractual arrangements that suited the requirements for the service. As a result it has been determined that KCC will prepare contractual arrangements using the NEC4 suite of contracts.

     

    • How the proposed decision meets the challenges in the Interim Strategic Plan Economic Challenge - Bring forward infrastructure to stimulate economic growth. The framework will support projects bringing central government funding into the county to invest in infrastructure, supporting the construction industry and supply chain and providing opportunities for green infrastructure.

    Decision Maker: Cabinet Member for Highways and Transport

    Decision published: 22/09/2021

    Effective from: 30/09/2021

    Decision:

    As Cabinet Member for Highways and Transport, I agree to:

     

    a)    Procure a single supplier agreement to allow independent cost consultancy services to be made available to teams within Growth, Environment and Transport.

     

    b)    Provide the Director of Highways and Transportation with the delegated authority to enter into the appropriate contractual arrangements for the provisions of the Independent Cost Consultancy Services, including future extensions.

    Division affected: (All Division);

    Lead officer: Teresa Vickers


    22/09/2021 - 21/00072 - Highway Rural Swathe Contract ref: 2518    Recommendations Approved

    Proposed decision

    To provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of Rural Swathe, Visibility and Hedge Maintenance including any potential extension periods in accordance with the expectations set out in the report.

     

    Background

    The Council has a legal duty to keep roads and pavements clear of vegetation for safe passage of highway users. The main service areas comprise; rural grass cutting (swathe); visibility cutting at road junctions; maintenance of rural hedges owned by KCC and the managed maintenance of Conservation verges.  Due to the specialised nature of the works a standalone specialist contract is required.

     

    It is anticipated that the service will be provided across eleven districts in Kent, with Folkestone and Hythe District providing the service on behalf of KCC through third party contracts. Dover District Council, who also currently undertake this service, have indicated that they would not like to continue beyond the end of this contract term. 

     

    The proposed contract term is 5 years with the option to extend for a further 3 years. Any decision to extend the contract will be linked to performance and contract compliance.

     

    To enable this delivery across the county the following lots are being sought:

     

    •Lot 1 – Dartford, Gravesham, Sevenoaks, Tonbridge & Malling, and Tunbridge Wells

    •Lot 2 – Maidstone and Ashford

    •Lot 3 – Swale, Canterbury, Thanet and Dover

    Decision Maker: Cabinet Member for Highways and Transport

    Decision published: 22/09/2021

    Effective from: 30/09/2021

    Decision:

    As Cabinet Member for  Highways and Transportation I agree to provide the Corporate Director for Growth, Environment and Transport with delegated authority to procure and enter into appropriate contractual arrangements for the provision of Rural Swathe, Visibility and Hedge Maintenance including any potential extension periods in accordance with the expectations set out in the report. 

    Division affected: (All Division);

    Lead officer: Robin Hadley


    03/09/2021 - 21/00074 - To fund a Volunteering Infrastructure pilot and Strategic Recovery Fund to support the Voluntary sector over the next 12 months ref: 2515    For Determination

    To fund support to the Voluntary Sector over the next 12 months until the adoption of KCC’s Civil Society Strategy in December, which will set out the framework for our longer-term infrastructure support.

     

    As set out in the Cabinet Report 24th June. This funding is intended to provide support to the Voluntary Sector over the next 12 months until the adoption of KCC’s Civil Society Strategy in December, which will set out the framework for our longer-term infrastructure support. 

     

    The Council’s Interim Strategic Plan (ISP) set out our commitment to meeting the challenges identified during Recovery and to:

    Develop a support offer for the VCSE which responds to the challenges identified during COVID-19 recovery to help maintain the local VCSE network whilst supporting it to be sustainable and revitalised within a post COVID-19 environment.

     

    There are two elements to this funding:

     

    The Strategic Recovery Fund was run in 2020 as emergency support to the Voluntary Sector providing small grants to organisations to help them adapt their business plans and organisational model to meet the demands of Covid.

    This Fund was run by Kent Community Foundation (KCF) as a recognised, grant making organisation. It is proposed to run this fund again with KCF for 2021 given the success of the Fund and as result of the challenges voluntary organisations are now facing particularly with the ending of Covid emergency grants and an increase in demand for services. Organisations have also had to adapt to the use of digital platforms and remote working. The impact monitoring provided by this Fund, for both rounds will be used to inform our future, long term business support to the Voluntary Sector. Total Value: £330K.

     

    Volunteering infrastructure Pilot.

    The need for a well-resourced and co-ordinated volunteering network across the County was highlighted in the VCS Recovery Cell action plan developed in response to Covid as part of the Kent Resilience Forum Architecture. The Volunteer Centres provided advice and support to hubs supporting those that are shielding, whilst continuing to co-ordinate those that volunteered within their local communities throughout the pandemic. They also supported volunteers who were not able to volunteer for health reasons; ensuring they remained connected and engaged.

     

    To deliver against the action plan and the ISP we intend to work with the volunteering infrastructure to develop a pilot for county wide volunteering infrastructure, that is sustainable but offers some consistency of resource across the County. This will be run as a grant funded pilot led by Ashford Volunteer Centre so that we can develop the best approach alongside the organisations themselves. This approach will be embedded in the Civil Society Strategy (once adopted) and future arrangements for supporting volunteering infrastructure will be informed by the pilot’s evaluation findings and in line with the strategy framework. Total Value: £170K.

    Decision Maker: Cabinet Member for Community and Regulatory Services

    Decision published: 03/09/2021

    Effective from: 11/09/2021

    Decision:

    As Cabinet Member for Community and Regulatory Services I agree to fund a pilot for Volunteering Infrastructure across the County and the Strategic Recovery Fund to support the voluntary sector in Kent.

    Lead officer: Lydia Jackson