Agenda and minutes

To note that Mr Bond, Mr Harman and Ms Meade have joined the committee.

The Chairman advised Members that Mr Bond, Mr Harman and Ms Meade had joined the committee.

RESOLVED that the membership be noted.

Apologies were received from Mr Beaney, Mrs Hudson, Mr Lewis, and Ms Meade.  Mrs Hamilton was attending as substitute for Mrs Hudson.

There were no declarations of interest.

RESOLVED that the minutes of the Committee meeting on 26 April 2023 are correctly recorded and that they be signed by the Chairman.

1.         The Definitive Map Team Leader introduced the report and provided an update in respect of applications to amend the Definitive Map and Statement (DMS). During the period April 2022 to March 2023 14 Section 53 applications were determined, 6 orders were made and 2 were confirmed, and 17 cases were currently under investigation. The backlog included 82 unallocated applications and on average 10-12 applications were investigated each year which meant a backlog of about 8 years.  Four cases were currently with the Planning Inspectorate.

2.         Applications were also processed under the Highways Act to divert or extinguish a right of way and during the period April 2022 to March 2023 15 public path orders had been confirmed and there were 43 unallocated applications which meant a backlog of about 2.5 to 3 years. One case was currently with the Planning Inspectorate.

3.         The Definitive Map Team Leader said the team processed applications under the Town and Country Planning Act on behalf of all the district councils (except Maidstone and Thanet) through a Service Level Agreement.  Applications were also considered under the council’s own planning function for example schools and minerals extraction. During the period April 2022 to March 2023 12 public path orders had been confirmed and there were 39 cases where the order had been made and confirmed but was awaiting certification. One case was with the Planning Inspectorate.

4.         In relation to deposits where a landowner could protect their land from future Section 53 applications and village green applications The Definitive Map Team Leader said during the period April 2022 to March 2023 25 deposits had been received.

5.         The Definitive Map team provided local authority search responses in respect of public rights of way, village green and common land.  Temporary Traffic Regulation Orders were processed on behalf of the Council, statutory undertakers, landowners, and developers.

6.         The Definitive Map team Leader highlighted that the backlogs reflected the complex and lengthy procedures that were required and when objections were received applications were submitted to the Planning Inspectorate who themselves had a lengthy backlog.

7.         Within the last year the team had received 1 direction from the Secretary of State for a Section 53 application to be determined within 12 months.  The Definitive Team Leader said she expected to see more as the backlog continued to grow.

8.         The Definitive Map Team Leader referred to the Deregulation Act 2015 and said the provisions for this to come into force was still awaited, however task groups had been set up to look at the reforms package.

9.         The Definitive Map Team Leader referred to the 2026 cut off date where all unrecorded rights of way created before 1949 were to be extinguished immediately after 1 January 2026 and said a statement issued in March 2023 by the Department for Environment, Food & Rural Affairs (DEFRA) determined that the cutoff date would be brought into force.  However, due to the delay caused by the pandemic the cutoff date had been extended  ...  view the full minutes text for item 45.

1.         The Head of Planning Applications introduced the report which covered the work of the Planning Enforcement Team since 26 April 2023.

2.         The Head of Planning Applications said the team remained very busy and there had been a notable development in alleged organised waste crime activity spreading across a number of sites which had mixed planning uses and involved a range of regulators.  The team was continuing to work well with other regulatory bodies including the Environment Agency, district and borough councils, His Majesty’s Revenue & Customs (HMRC), Natural England and Kent Police.  The Head of Planning Applications said the joint approach was a good use of limited resources, provided a united front, enabled evidence sharing, the sharing of monitoring responsibilities, and provided a range of regulatory tools and prosecution options.

3.         The Team continued to triage and research complaints to identify whether there was a KCC interest and a lead role for the County Council.  Where sites were resolved they continued to be monitored and, where appropriate, brought back for investigation.

4.         The Head of Planning Applications referred to the Environment Agency’s permitting issue (where sites had an EA permit but not planning permission) and, working with the EA, early warning systems had been put in place so that the team were aware of potential breaches much earlier than before. The EA had revoked the permit on several cases (where planning had not been permitted) which activated their site clearance responsibility.  

RESOLVED that the actions taken or contemplated in the report be noted and endorsed.

The Chairman advised Members that a Regulation Committee Training Session for Members would take place on Monday 4 December 2023.

1.          The Head of Planning Applications introduced the report which covered the work of the Planning Enforcement Team since 26 April 2023.

2.          Members discussed the complexity of some of the cases and the enforcement action available to different agencies, and collectively, to combat the planning enforcement pressures faced by the Council.  The committee agreed that the Chair would speak to the Chair of the Kent and Medway Police and Crime Panel regarding the possible attendance of the Police and Crime Commissioner at a future meeting of the Regulation Committee.

3.          The Planning Enforcement Team Leader gave an update on unauthorised (or part unauthorised) planning enforcement matters setting out actions taken or contemplated at Hoads Wood, Bethersden, Ashford; Ancient Woodland Adjacent to Knoxfield Caravan Site, Dartford; Oaktree Farm, London Road, Halstead; Warden Point/Third Avenue, Eastchurch, Isle of Sheppey; Raspberry Hill Park Farm, Iwade; Water Lane, Thurnham; Woodside East, Shadoxhurst; Land off Maypole Lane, Hoath, Canterbury; Manor Farm, Willow Lane, Paddock Wood; Knowle Farm, Malling Road, Teston; Cobbs Wood Industrial Estate, Ashford; Old Tilmanstone Colliery, Pike Road, Eythorne; Cube Metals, Unit A, Highfield Industrial Estate, Bradley Road, Folkestone; R S Skips, Apex Business Park, East Kent Recycling, Oare Creek, Faversham; Borough Green Sandpits, Platt; Wrotham Quarry (Addington Sandpit), Addington, West Malling; H & H Celcon, Ightham.

4.          The Head of Planning Applications amended her recommendations relating to Raspberry Hill Park Farm at paragraph 64 of the report and Cube Metals, Folkestone, at paragraph 126 of the report and this was unanimously agreed.

RESOLVED that:

a.    subject to paragraph 4 above the enforcement strategies outlined in paragraphs 6 to 155 of the report be noted and endorsed; and

b.    The Chair would speak to the Chair of the Kent and Medway Police and Crime Panel regarding the possible attendance of the Police and Crime Commissioner at a future meeting of the Regulation Committee.