Issue details

23/00042 - Kent Minerals and Waste Local Plan 2024-39 and Updated Kent Mineral Sites Plan

Proposed decision

To agree to:


(i)            approve and publish for public consultation evidence relating to an update of the Kent Minerals Sites Plan, for a minimum six-week period of public consultation in line with Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (the Regulations);


(ii)          approve and publish for public consultation further proposed changes to the Kent Minerals and Waste Local Plan 2024-39 and associated supporting evidence, for a minimum six-week period of public consultation in line with Regulation 18 of the Regulations;


(iii)         agree revised timetables for preparation of the Kent Minerals and Waste Local Plan 2024-39 and updated Kent Minerals Sites Plan to be published in an updated Minerals and Waste Local Development Scheme; and


(iv)         delegate to the Corporate Director of Growth, Environment and Transport the authority to approve any non-material changes to the consultation documents in consultation with the Cabinet Member for Environment prior to their publication for consultation.


Reason for the decision

This Executive Decision addresses the agreement to a revised Minerals and Waste Local Development Scheme (LDS).  The LDS is a required component related to the Council’s statutory obligation to prepare a minerals and waste planning strategy (the Local Plan) and, fundamentally, sets the timescale for the plan making work.



The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the Planning and Compulsory Purchase Act 2004, 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, prepared in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).  Amongst other matters, these Regulations set out a legal requirement for public consultation at key stages of the plan making process.


Regulations require local plans to be reviewed every five years to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs for waste management and mineral supply. Work on the Kent Minerals and Waste Local Plan (KMWLP) review commenced in 2021 and in light of this revisions were proposed to principally reflect changes in national policy and guidance since the Plan’s adoption in 2016 and ‘Early Partial Review’ in 2020.  The proposed revisions have been subject to two public consultations. In light of the comments received, some additional draft material changes to the KMWLP are proposed to be published for consultation during June and July 2023.


Draft changes to the KMWLP, which have already been consulted upon, include an extension to the plan period which, following a review of recent data on permitted mineral reserves and supply, has resulted in a need to identify an additional site(s) for the working of hard rock to ensure the necessary steady and adequate supply is maintained over the plan period in accordance with the National Planning Policy Framework (NPPF). A ‘Call for Sites’ took place last year and a draft update to the Kent Mineral Sites Plan (KMSP) has now been prepared for public consultation that includes subject to detailed technical assessment, a potential allocation of land for the extraction of hard rock. A review of data relating to the supply of other minerals, taking account of national and local planning policy, did not reveal a pressing need for further allocations.


Update to the Kent Minerals and Waste Local Development Scheme

The Regulations require local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The timetable for the Kent Minerals and Waste Local Plan is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS). The most recent LDS was agreed by Environment and Transport Cabinet Committee (ETCC) in September 2022. An updated LDS is now required that reflects the need for further public consultation on additional changes to the draft KMWLP and the preparation of an updated Kent Mineral Sites Plan to allow for hard rock supply over the extended plan period.


The revised LDS will be reported to ETCC, along with the draft update to the Kent Mineral Sites Plan, the text of further draft changes to the KMWLP and a summary of comments received during the earlier public consultation on the emerging updated KMWLP.


How the proposed decision supports Framing Kent’s Future 2022-26:

The Mineral and Waste Local Plan, its Vision, Strategic Objectives and planning policies help facilitate the key strategic priorities of an Environmental Step Change and Infrastructure for Communities by supporting the delivery of sustainable growth in Kent’s economy. The KMWLP and KMSP recognise Kent’s environment as a core asset and seeks to adapt to, and mitigate, the impacts of climate change and assist in the delivery of net zero objectives. The proposed planning strategy will reflect recent changes to the environmental agenda including mitigation and adaptation to Climate Change and Kent’s Climate Change Statement, the Circular Economy, biodiversity and measures to support covid recovery. In addition, the proposed updated policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.


Data Protection implications


Decision type: Key

Reason Key: Affects more than two Electoral Divisions;

Decision status: Recommendations Approved

Division affected: (All Division);

Notice of proposed decision first published: 04/05/2023

Decision due: Not before 2nd Jun 2023 by Cabinet Member for Environment

Lead member: Cabinet Member for Environment

Department: Growth, Environment & Transport

Consultation process

Consultation and community engagement are key parts of the plan making process with a number of consultations required by legislation.


To inform the work of updating the KMWLP, public consultation was carried out from December 2021 - February 2022 and again from October 2022 to December 2022. Details of the most recent consultation can be viewed at Further public consultation is required on some additional changes to the Plan.

A Kent Mineral Sites Plan Call for Sites in relation to hard rock was carried out from October 2022 - December 2022. Details of the Call for Sites can be viewed at The responses to the Call for Sites work informed the proposed update to the Kent Mineral Sites Plan in respect of hard rock on which public consultation is also required.


The timing of public consultation and engagement and the representations received influence the timescale set out in the Local Development Scheme.  The Scheme has been updated to reflect consultations required for the emerging Kent Minerals Sites Plan and further changes to the Kent Minerals and Waste Local Plan. 


Financial implications: The costs of preparing the revised LDS and associated local plan work are met from the Growth and Communities Division - Planning Applications budget.

Legal implications: The County Council has a statutory responsibility to review its Local Plan every five years and to prepare revised policy and guidance as necessary in accordance with the Regulations. The timescale for the local plan work is required to be set out in a LDS and plan making is required to proceed in accordance with that timetable. Failure to have an up-to-date LDS may mean that plan making would not be legally compliant and that the Plans could not be adopted.

Equalities implications: An Equalities Impact Assessment (EqIA) is undertaken as part of the local plan work. No equalities implications are anticipated to arise from this work.


Agenda items