Agenda and minutes

(a)  Committee: 23 September 2021

(b)  Member Panel: 2 December 2021

(1)          In respect of Minute 34 of the Regulation Committee Member Panel, the Committee agreed to its amendment so that that Mr Baldock’s comments more accurately set out in that he said that a Local Plan set out the planning considerations for determining future planning applications. Each application had to be considered on its merits, so the Plan could not rule out any development whatsoever. It was only possible to apply general policies when the Plan was being developed.

(2)       RESOLVED that subject to (1) above, the Minutes of the Committee meeting on 23 September 2021 and of the Regulation Committee Member Panel on 2 December 2021 are correctly recorded and that they be signed by the Chairman.

(1)          The Principal Democratic Services Officer provided the Committee with an overview of Home to School transport appeal statistics for the period between 1 January 2021 and 31 December 2021 together with a brief comparison to transport appeal statistics from 2010 to 2020.

(2)       The Principal Democratic Services Officer replied to Members’ question on whether there was a reason for the greater number of upheld appeals over the previous seven years.  He said that it was difficult to identify the reason for this trend as each appeal had to be treated entirely on its merits.  He added that since the appointment of the present Chairman, reviews of the Panel’s decisions were only being carried out for specific reasons. Previously, the Panel had often made time-limited decisions with a review automatically being carried out after a year.

(3)       Members of the Committee expressed the work carried out by all concerned, noting that Officers had no discretion to override the Home to School Transport Policy for any reason.  Exceptions to the Policy could only be made by the Panels themselves.

(4)       RESOLVED that the report be noted.

(1)       The Public Rights of Way and Access Service Manager introduced the report which concentrated on applications related to the determination of Village Green Registration applications, including an explanation of “trigger events” which prevented the County Council from considering a Village Green application if the land in question was subject to a planning application or had been identified for development in a Local or Neighbourhood Plan. 

(2)       The Public Rights of Way and Access Service Manager drew the Committee’s attention to the successful clearance of the backlog in dealing with Village Green applications, enabling new applications to be dealt with fairly soon after confirmation by the relevant planning authorities that no “trigger event” applied to them.  

(3)       RESOLVED that the report be noted.

(1)       The Head of Planning Applications introduced the report which covered the work of the Planning Enforcement Team since 23 September 2021. She referred to paragraphs 23 and 24 of the report, saying that Government Legislation would be required to bring about a synchronisation of powers between the Environment Agency and Planning Authorities to ensure that Environment Agency Permits were no longer issued to sites which did not have planning permission.  She drew attention to a recent government consultation on fly tipping and illegal waste exports and suggested that this might provide an opportunity to seek these powers.

(2)       Following discussion on the potential opportunities in the consultation paper, the Head of Planning Applications offered to arrange a briefing on the subject.   

(3)       RESOLVED that;-

(a)          the actions taken or contemplated in the report be noted and endorsed; and

(b)       the Head of Planning Applications’ offer to arrange a briefing on the government’s consultation paper on fly tipping and illegal waste exports be accepted. 

That under section 100A of the Local Government Act 1972 the public be excluded from the meeting on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 5 and 6 of Part 1 of Schedule 12A of the Act.

EXEMPT ITEMS

(During these items the meeting is likely NOT to be open to the public)

(1)    The Head of Planning Applications reported her Urgent decision to not pursue enforcement action for the temporary development of a place of rest on the former County Workshop site at Aylesford.  This decision had been taken under section 10.15 of the Constitution which empowered KCC Officers to take action on urgent matters where there was no time to consult with the Committee or for the Committee to exercise its function.

(2)         The Head of Planning Applications went on to say that, under the circumstances described, the Constitution required Officers to consult with the Chair of the Committee as well as Local Members if time permitted. 

(3)       A Non-Executive Officer Record of Decision had been completed by the relevant Officer setting out the decision taken and the reasons for it.  This included a summary of the key points raised by those Members consulted.

(4)       The Head of Planning Applications then set out her decision as follows:-

For a temporary place of rest in response to the COVID-19 pandemic at the  former County Workshops Site, Aylesford to agree that the County Council as Planning Authority exercises its discretion not to pursue enforcement action and concludes that it is not expedient to take enforcement action for the temporary development of a place of rest on the former County Workshop site Aylesford, subject to the following conditions:

(1)          On or before 31st December 2022

(i)           Any use of the land for the purpose of a temporary place of rest shall cease and any associated buildings, plant, machinery, structures and erections on site erected for this purpose shall be removed; and

(ii)  the land shall be restored to its condition before the development took place.

(2)          The operator to ensure compliance with relevant legislation relating to the facility.

(3)          The Head of Planning Applications then set out the reasons for her decision. It related to a request by the Director of Infrastructure for

the temporary development of a marquee structure, a ‘Nutwell’ temporary unit and security fencing on the site of the former County Workshops Site in Aylesford to provide a temporary place of rest to respond to the covid-19 pandemic. Under the circumstances, a decision was sought as to whether the County Council as planning authority would exercise its discretion not to pursue enforcement action and conclude that it is not expedient to take enforcement action for the temporary development.

(4)       In concluding that it was not expedient to take enforcement action, the Head of Planning Applications had regard to the following factors:-

(a)          The discretionary function of planning enforcement.  Such action should only be taken when it was expedient to do so, having regard to all material considerations. Local planning authorities should act proportionately in responding to suspected breaches of planning control;

(b)          The Written Ministerial Statement of Robert Jenrick, dated 13 March 2020, which emphasised the discretionary nature of enforcement action, particularly in light of the issues raised by the coronavirus pandemic;

(c)          An additional temporary place of rest was` required  ...  view the full minutes text for item 5.

(1)       The Head of Planning Applications and the Team Leader-Planning Enforcement gave an update on unauthorised (or part unauthorised) planning enforcement matters setting out actions taken or contemplated at Raspberry Hill Park Farm, Iwade; Warden Point, Eastchurch; Surf Crescent, Eastchurch; Foxdene, Stockbury; Chetney Marshes, Iwade; Springhill Farm, Fordcombe; Water Lane, Thurnham; Hoads Wood Farm, Bethersden; Double Quick Farm, Lenham; Ringwould Alpine Nursery;  Fairfield Court Farm, Brack Lane, Brooklands, Romney Marsh;  Chapel Lane, Sissinghurst; Land off Maypole Lane, Canterbury; East Kent Recycling, Oare Creek, Faversham; Cobbs Wood Industrial Estate, Ashford; Court Lodge Farm, Stack Road, Horton Kirby; R S Skips, Apex Business Park, Shorne; Flisher Energy, Fernfield Lane, Hawkinge; Unit 2,  Katrina Wharf, Wharf Road, Gravesend; Cube Metals, Unit A, Highfield Industrial Estate, Bradley Road, Folkestone; Borough Green Sandpits; Wrotham Quarry (Addington Sandpit), West Malling. Maidstone Grammar School, Barton Road, Maidstone; Old Tilmanstone Colliery, Pike Road, Eythorne; and Land to the south of Manor Way Business Park, Swanscombe.

(2)       Members debated whether a “sunset clause” should be inserted in respect of enforcement cases.  The Head of Planning Applications confirmed that the actions and proposed actions for each site were always reported to the following meeting of the Committee unless the agreed action was that no further action be taken. 

(3)       The enforcement strategy set out in paragraph 31 of the report was agreed by 10 votes to 1. 

(4)       The Head of Planning Applications amended her recommendations for some of the permitted sites to encompass the possible serving of a Planning Contravention Notice and, if necessary, a Breach of Condition Notice.  This was unanimously agreed. 

(5)       RESOLVED that subject to (4) above, the enforcement strategies outlined in paragraphs 15 to 130 of the report be noted and endorsed.