Proposed decision
To agree to a revised Local Development Scheme (timetable) for work related to updating mineral and waste planning policy in Kent.
Reason for the decision
Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the Kent Minerals and Waste Local Plan (KMWLP) and the Kent Mineral Sites Plan (KMSP) is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was agreed by the Environment and Transport Cabinet Committee (ETCC) in November 2023. A change to the timetable for both Plans is necessary for the following reasons:
(i) The independent examination hearing for the KMWLP commences in September and this impacts upon potential adoption dates;
(ii) To meet the examination hearing deadlines for the KMWLP, staff resources have had to be focussed on activities associated with the KMWLP rather than the Mineral Sites Plan (MSP); and
(iii) evidence gathering and assessment in relation to the MSP work is currently incomplete. Work is ongoing to test whether the evidence is robust and consistent with national planning policy which will determine whether a new quarry site should be allocated or not.
Background
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 2023 (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).
The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016, with some limited changes adopted in September 2020 as part of an ‘Early Partial Review’. The Kent Minerals and Waste Local Plan contains planning policies relating to minerals supply and waste management against which the Council assesses planning applications for these types of development. In addition, the Kent Mineral Sites Plan (adopted in September 2020) (KMSP) identifies three sites suitable for the quarrying of sand and gravel.
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 Review commenced in 2021 and concluded a need for updates to the Plan to 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, those concerned with climate change and protection and enhancement of the natural environment. An updated KMWLP (which will cover the period 2024 to 2039) is currently being examined by an independent Planning Inspector.
Work on identifying an additional site for the working of hard rock in the Kent Mineral Sites Plan commenced in 2022.Detailed technical assessment on the suitability of the nominated site is ongoing. No decision has yet been made as the detailed technical assessment is currently incomplete.
Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the KMWLP and the KMSP is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was considered by the Environment and Transport Cabinet Committee (ETCC) in November 2023, before being agreed by the Cabinet Member for Environment. The responsibility for the Local Plan work has since transferred to the Economic Development Portfolio. In light of the need to focus resources on the examination of the Kent Minerals and Waste Local Plan, work on the Kent Mineral Sites Plan has effectively been paused. Although some detailed technical assessment continues it will not be possible to progress the work on the Sites Plan to the timetable set out in the current Kent Minerals and Waste Development Scheme and so an update to the scheme is now proposed. An updated Minerals and Waste Development Scheme will also take account of the anticipated Kent Minerals and Waste Local Plan 2024-39 examination hearing dates.
Options (other options considered but discarded)
The legislation requires a Local Development Scheme in a prescribed format and for plan making work to take place in compliance with the adopted LDS. Other options are not permitted under the legislation.
How the proposed decision supports Framing Kent’s Future 2022-2026:
The KMWLP, in particular its Vision, Strategic Objectives and planning policies, helps 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 supporting Kent Mineral Sites Plan 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.
How the proposed decision supports Securing Kent’s Future:
The Local Plan work and the associated Local Development Scheme is a statutory requirement as part of the Council’s town planning responsibilities. The local plan work has been carried out in accordance with Objective 3 of Securing Kent’s Future which seeks to ensure that the Council prioritises its Best Value Statutory obligations.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 03/09/2024
Decision due: Not before 2nd Oct 2024 by Cabinet Member for Economic Development
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Economic Development
Lead director: Stephanie Holt-Castle
Department: Growth, Environment & Transport
Contact: Sharon Thompson, Head of Planning Applications Email: sharon.thompson@kent.gov.uk Email: sharon.thompson@kent.gov.uk Tel: 01622 696131.
Consultees
Public consultation undertaken or planned:
Consultation and community engagement are key parts of the plan making process with a number of consultations required by legislation on the content of the draft Local Plans. There is no requirement to undertake public consultation on the Local Development Scheme.
To inform the work of updating the KMWLP, public consultation was carried out from December 2021 - February 2022, from October 2022 to December 2022, from June 2023 to July 2023 and from January 2024 to February 2024. Details of the consultations can be viewed at https://letstalk.kent.gov.uk/hub-page/mineralsandwaste.
A Kent Mineral Sites Plan Call for Sites in relation to hard rock was carried out from October 2022 - December 2022 and a public consultation on the nominated hard rock site took place from June 2023 to July 2024. Following this, a subsequent second Call for Sites was carried out from August 2023 to October 2023. Details of the Call for Sites and public consultation can be viewed at https://letstalk.kent.gov.uk/hub-page/mineralsandwaste.
The timing of public consultation and engagement and the representations received influence the timescale set out in the Local Development Scheme.
Cabinet Committee consultation:
The proposed decision was considered and endorsed by members of the Growth, Economic Development and Communities Cabinet Committee at their meeting on 11 September.
Which Divisions / Local Members are particularly affected:
All
Views sought from local Members:
Not specifically on the revised local plan timetable. The Local Plan work has however sought the views of all Members at key stages of the local plan process as part of public consultation requirements and the County Council’s decision to submit the Kent Minerals and Waste Local Plan for examination in December 2023.
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. The balance, mainly relating to specialist advice and the independent examination may need to be sought from a corporate reserve.
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 Plan Making 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: Equalities implications: An Equalities Impact Assessment (EqIA) has been undertaken as part of the local plan work. No equalities implications are anticipated to arise from this work. Data Protection implications: None