To agree the 5 year Review of the Kent Minerals and Waste Local Plan 2013-30, as adopted July 2016.
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 As a result, a number of policies have been identified as outdated or no longer meeting the tests of soundness.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 type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: For Determination
Division affected: (All Division);
Notice of proposed decision first published: 23/08/2021
Decision due: Not before 21st Sep 2021 by Cabinet Member for Environment
Lead member: Cabinet Member for Environment
To inform the review work, early engagement was undertaken with key stakeholder groups including District and Borough Councils in Kent, neighbouring Minerals and Waste Planning Authorities, representatives from the minerals and waste operators in Kent and specialist consultees such as the Environment Agency, Natural England and Historic England.
A total of 9 representations were received, which are detailed in the KMWLP Initial Engagement Summary. These were considered in preparing revisions to the adopted Plan.
Consultation and community engagement are key parts of the plan making process with a number of consultations required by legislation. The first of which is the Regulation 18 consultation on the revised policies proposed as a result of this key decision.
Financial implications: The costs of identifying those policies requiring change are met from the Growth and Communities Division - Planning Application's budget. The costs of implementing the 5 year review and preparing the future Mineral and Waste Local Plan will need to be met via an application to a corporate reserve. There is a risk and likelihood that any changes proposed to the Local Plan will attract objection in response to the public consultation. These will be considered as part of the plan making process and where appropriate defended via the planning examination.
Legal implications: The County Council has a statutory responsibility to review its Local Plan every 5 years and to prepare revised policy and guidance as necessary in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012. Failure to have an up to date Plan risks the Secretary of State appointing others to undertake the Council's plan making function.
Equalities implications: Equalities Impact Assessments (EqIA) have been undertaken as part of the 5 year review work and for the proposed changes to the adopted Local Plan. No equalities implications arise from the review work.