Agenda and minutes

To receive apologies for absence and notification of any substitutes present

Apologies were received from Mr A Booth.

To receive any declarations of interest made by Members in relation to any matter on the agenda.  Members are reminded to specify the agenda item number to which it refers and the nature of the interest being declared.

1.    Mr M Balfour declared a Disclosable Pecuniary Interest in the Kent Minerals and Waste Local Plan (item 10) and said that he would leave the room for this item.

2.    Mr M Payne declared an Other Significant Interest in the Kent Minerals and Waste Local Plan (item 10) and said that he would leave the room for this item.

To consider and approve the minutes as a correct record.

RESOLVED that the minutes of the meeting held on 20 September 2018 are a correct record and that they be signed by the Chairman.

The Cabinet Committee is asked to note that the following dates have been reserved for its meetings in 2019/20:

Friday 24 May 2019

Tuesday 16 July 2019

Thursday 10 October 2019

Friday 29 November 2019

Friday 24 January 2020

Tuesday 24 March 2020

Friday 15 May 2020

All meetings will take place at County Hall, Maidstone, and will commence at 10:00 am.

It was RESOLVED that the Committee noted that the following dates had been reserved for its meetings in 2019/20:

Friday 24 May 2019

Tuesday 16 July 2019

Thursday 10 October 2019

Friday 29 November 2019

Friday 24 January 2020

Tuesday 24 March 2020

Friday 15 May 2020

To note the written/verbal update from the Cabinet Member for Community & Regulatory Services and the Cabinet Member for Planning, Highways, Transport and Waste.

1.    Mr M Hill, OBE (Cabinet Member for Community and Regulatory Services) informed the Committee of his attendance at:

(a)  The Kent Resilience Forum Conference on 17 October 2018 which focused on Kent County Council’s response to the recovery of emergency operations. Mr Hill said that the forum offered valuable insight and suggested that invite to the forum be extended to Members of the Committee; and

(b)  The Community Safety Conference on 27 October 2018 which focused on preventing extremism and hate in light of the recent terror attacks. The morning session concentrated on the prevent strategy and how this had been applied both nationally and locally and the afternoon session drew on the positive aspects of improving community cohesion such as the interfaith work across the county. Again, Mr Hill said that the conference offered valuable insight to the work being done across the county and suggested that Members of the Committee be invited to attend.

2.    Mr M Whiting (Cabinet Member for Planning, Highways, Transport and Waste) provided an update to the Committee on the following:

(a)  The Winter Service commenced on 25 October 2018 with deployment of gritters on the primary networks. Seventeen new gritter lorries had been procured to replace existing inoperative vehicles and two newly contracted Farmers were to receive gritting equipment to assist with clearing designated secondary routes within their area. Salt-bins across the county had also been filled and Parish Councils were encouraged to request additional supplies should weather permit. The Smart Winter Project funded by the Kent Lane Rentals programme had also continued as part of the winter service, Mr Whiting confirmed that an additional 120 sensors were due to be in place by the end of December 2018 to monitor, through an accurate and targeted intelligence led approach, where salt and grit was required to optimise primary network routes.

(b)  The Pothole Blitz had successfully repaired 54,000 potholes and over 250,000 square metres of patching. An additional £10.1 million on top of the £4 million capital budget and £1 million emergency revenue repair work funding had been spent on ensuring that Kent’s roads were safe and ensuring they were protected during the winter period. The repair work was delivered throughout the spring and summer months by the District teams and six local small and medium enterprise contractors. Mr Whiting confirmed that the tender process to secure the future Pothole Blitz programme for West Kent, Mid Kent and East Kent had also been completed; each of the areas had several contractors available to undertake the required work. A total of fifteen bids had been received from separate organisations. Mr Whiting said that the tender was a two-year contract to ensure security for the contracted companies and would also help drive efficiency.

(c)   The work around the Ashford Designer Outlet Centre was due to be completed by the end of November 2018 which would improve access to the centre and reduce traffic congestion.

(d)  The construction work of the A226 (London Road and  ...  view the full minutes text for item 128.

Tim Jones (Project Director for the Lower Thames Crossing) and Phil Stanier (Government and Industry Manager for the Lower Thames Crossing) were in attendance for this item.

1.    Mr M Whiting (Cabinet Member for Planning, Highways, Transport and Waste) welcomed guests from Highways England. As part of the consultation period, Highways England agreed to present the new design proposals of the Lower Thames Crossing to the Committee and sought Members feedback. Mr Whiting informed the Committee that Kent County Council’s response to the Lower Thames Crossing was due to be submitted on 20 December 2018 and asked that Members directed their queries to either Joe Ratcliffe (Transport Strategy Manager) or to Highways England.

2.    In response to questions and comments, the officers provided the following information:

(a)  The Lower Thames Crossing would provide an additional 90% capacity to relieve the traffic congestion on the Dartford Crossing and relieve the accumulation of likely traffic in the future.

(b)    The Lower Thames Crossing project would not be investing money into the roads identified by the Committee, instead it would act as a catalyst for producing a traffic model and ensure the correct dialogue took place between Kent County Council and Highways England for possible future investment into the Kent road network. In reference to comments regarding the A229, Mr Jones acknowledged the current congestion issues and said that one of the objectives was to ensure that the RES2 period coincided with the Lower Thames Crossing proposal period which would perhaps prompt the review and feasibility work for the A229 corridor.

(c)   The Dartford tunnel was considered to be performing below the capacity required in order to withstand the pressure of 170,000 vehicles per day. The proposed Lower Thames Crossing would lessen the pressure on Dartford Crossing and divert 40% of the traffic which was primarily Heavy Goods Vehicles (HGV’s). The Lower Thames Crossing would also be a category A tunnel which would permit larger vehicles with abnormal loads using the crossing without an escort.

(d)  Mr Jones agreed to revise the map and provide clarity of borders between Dover and Folkestone.

(e)    Mr Jones advised the Committee that the issues concerning the toll charge for foreign lorries was an operational issue for Highways England and advice had been sought from Government regarding Highways England’s authority to stop and check the vehicles.  Highways England was reviewing the possibility of digital tracking systems that could be built into the road network.

(f)    Upon completion of the work, the land would be handed back to property owners and was a matter for Kent County Council.

(g)  Mr Jones assured the Committee that ‘yes’ and ‘no’ responses to the Lower Thames Crossing consultation were not discarded, however, in order for the Secretary of State to form a decision as to whether the Lower Thames Crossing could be built, the responses to the consultation required greater sustenance around the design implications.

(h)  Mr Jones welcomed the invite from Mr S Holden to attend the HGV sub-group.

3.  ...  view the full minutes text for item 129.

To note the report.

Richard Fitzgerald (Business Intelligence Manager, Performance, Strategic Business Development & Intelligence) was in attendance for this item.

1.    Mr Fitzgerald introduced the Performance Dashboard which showed progress made against targets set for Key Performance Indicators (KPIs) up to the end of September 2018.

(a)  In response to concerns regarding the target concerning ‘municipal waste converted to energy’ and the inclusion of the Allington site within the targets, Mr S Jones (Director of Highways, Transportation and Waste) acknowledged the associated costs linked to the recycling rates at Allington and agreed to review the performance measures.

(b)  Mr Jones (Director of Highways, Transport and Waste) informed the Committee that prior to the amendment of the pothole contract there was not an incentive to repair the reported faults within the 28-day timeframe which may have caused protracted pothole repairs. Mr Jones assured the Committee that the contract had been amended to ensure all potholes reported by the public were completed within 28 calendar days.

2.    RESOLVED that the report be noted.

To note and discuss the planning and preparedness of services set out in the report.

Fiona Gaffney (Head of Resilience and Emergency Planning) were in attendance for this item.

1.    Mrs Stewart introduced the report that set out an overview of the plans and work undertaken to date in preparation for potential changes to border arrangements following Brexit. The three key services were Trading Standards, Highways and Transport and Emergency Planning/ Business Continuity, the details of the planning progress to date were set out within Table 1 of the report. Mrs Stewart informed Members that further detail would be presented to Full County Council on 13 December 2018.

(a)  In response to concerns regarding the possible closure of the M26 and the resilience of the local road network, Mr Whiting (Cabinet Member for Planning, Highways, Transport and Waste) said that Kent County Council’s expressed wish was that the M26 would not be closed due to the detrimental impact it would inflict upon the local road network and that alternative adequate parking for lorries should be sought. As a supplement to this, Mr S Jones (Director of Highways, Transportation and Waste) informed the Committee that the A21 was part of the Highways England network and mitigation plans for that network fell within their remit. In reference to the A25, Kent County Council had started to analyse the impact and deterioration on that asset should the traffic conditions change, and a proposal was in the process of being submitted to the Department for Transport (DfT) which identified the mitigating actions required in the necessary event of the M26 road closure.

(b)  In response to Members request for an all Member briefing, the Chairman agreed to liaise with the appropriate officers to ensure a Member Briefing be held in January 2019. 

(c)     With regards to business continuity, Mrs Gaffney assured Members that Kent County Council was using a phased approach to ensure full engagement with all its stakeholders and partners agencies. The first phase included planning and preparation work to ascertain the impact on local communities in terms of business resilience and the impact on areas such as supply chains. The second phase would be to review the operational activity required. National communications had started to be issued from Central Government regarding the actions that would need to be implemented immediately. Kent County Council would then move to a command and control phase and work in conjunction with partner agencies to understand the intelligence received from Central Government and how Kent’s command and control resource structures could be optimised. The fourth phase would be the recovery of Kent post Brexit which Kent County Council would take the lead on.

(d)  Mrs Stewart assured Members that the Kent Resilience Forum (KRF) had been actively developing contingency plans and testing assumptions and proposals.  The Membership of the KRF had extended significantly and a range of different scenarios and durations of disruptions were being considered, including the impact on critical supply chains such as medicines and ensuring these were safeguarded in the event of a serious disruption.  Mrs Stewart  ...  view the full minutes text for item 131.

The Environment and Transport Cabinet Committee is asked to:

(i)    consider and endorse, or make recommendations to the Cabinet Member responsible for the Minerals and Waste Local Plan on the proposed:

(a)  Pre-submission Draft of the Kent Mineral Sites Plan;

(b)  Pre- submission Draft of the Early Partial Review of the Kent Minerals and Waste Local Plan; and,

(c)   the updated Local Development Scheme (revised timetable) to reflect changes to the programme and timetable concerning preparation of the Local Plan work.

(ii)   note that the decision to approve the Pre-submission Drafts Plans for submission to the Secretary of State for independent examination is a matter for County Council;

(iii)  request the County Council to:

(c) Approve and publish the Pre-Submission Drafts of the Kent Mineral Sites Plan and the Early Partial Review of the Kent Minerals and Waste Local Plan for a statutory period of representation and to submit the Draft Plans to the Secretary of State for independent examination; and

(d) delegate powers to the Corporate Director for Growth, Environment & Transport to approve any non-material changes to the Mineral Sites Plan and Early Partial Review of the Kent Minerals and Waste Local Plan in consultation with the Deputy Leader prior to their publication and during their examination.

Sharon Thompson (Head of Planning Applications Group) was in attendance for this item.

1.    Mr H Rayner proposed, seconded by Mr P Messenger that Mr S Holden was nominated as the Chairman for the Minerals and Waste Local Plan item.

2.    Mr M Balfour and Mr M Payne left the meeting and took no part in the discussion of this item.

3.    Before the commencement of the discussion, Ms Thompson informed Members that they should have received a copy of the following representations:

·         Representation from the Ryarsh Protection Group in respect of the M8 West Malling site

·         Representation from the Whetsted Residents in respect of the M10 and M13 sites at Stonecastle Farm

·         Representation from the Brett Group, the promoter of the M2 Lydd Quarry Site; and

·         Representation from Borough Green Sandpits, the promoter of the M8 West Malling Site in the form of a legal opinion dated 27 November 2018 from Landmark Chambers

4.    Ms Thompson proceeded to the report which provided an update on the Kent Minerals and Waste Local Plan work following the Council’s adoption of the Kent Minerals and Waste Local Plan (KMWLP) 2013-20 in 2016. The KMWLP committed Kent County Council to prepare a Minerals and Waste Sites Plan to meet the needs that had been identified in the adopted Plan. The report proposed two pre-submission draft local plans, (as set out in appendix 1 and appendix 3 of the papers) one for the Kent Minerals Sites Plan, used to identify sites considered as suitable in principle for the allocation of minerals development; and the other was the Pre-submission Draft of the Early Partial Review of the Kent Minerals and Waste Local Plan which addressed the changes proposed to the waste strategy and the safeguarding policies. The report also included an updated Local Development Scheme to reflect the changes to the programme and timetable concerning the Early Partial Review and preparation of the Minerals Sites Plan.

5.    Ms Thompson acknowledged the late representations and in response provided the following information:

(a)  The Ryarsh Protection Group (RPG) – the RPG report circulated had previously been sent to officers and had been taken into consideration in the detailed technical assessment work. A copy was included in Appendix 2 of the papers.  She also drew attention to a petition that the local MP had submitted to the House of Commons.  It has 3615 signatures urging the County Council not to allocate the site for quarrying.  It was noted that the site was not allocated in the Pre-submission Draft Minerals Sites Plan due to conflict with green belt policy.

(b)  M10 Moat Farm and M13 Extension to Stonecastle Quarry – the concerns raised by local residents were valid planning considerations that had been incorporated in the Detailed Technical Assessment work. There was however, no overriding grounds to conclude that the sites were unsuitable for allocation in the Pre-submission Draft Minerals Sites Plan, subject to meeting development management criteria at the planning applications stage.  The Draft Minerals Sites Plan (Appendix  ...  view the full minutes text for item 132.

To consider and make recommendations to the Cabinet Member for Planning, Highways, Transport and Waste as to the:

1.    Progress in and proposed timelines for the development of the Strategy; and

2.    The Themes and Project Models proposed in the TRI-LEP Energy Strategy outlined in Section 3, and their relevance to the Kent and Medway Strategy.

Carolyn McKenzie (Head of Sustainable Business and Communities) and Deborah Kapaj (Sustainable Estates Programme Manager, Sustainable Business and Communities) were in attendance for this item.

1.    Mr M Payne (Deputy Cabinet Member for Planning, Highways, Transport and Waste) introduced the report which provided an update on the development of a Kent and Medway Energy and Low Emissions Strategy and the emerging priorities within the TRI-LEP Energy Strategy to which the Kent and Medway Strategy would contribute to.

2.    Mrs C McKenzie presented a series of slides which set out the strategic framework, themes, actions and technical interventions of the Energy and Low Emissions Strategy and the next steps for Kent and Medway in the development of the TRI-LEP Strategy.

(a)    In response to queries regarding the Governments policy on Energy Performance Certificates (EPC) and the illegality of selling or renting out properties that breached the minimum E rating requirement, Mrs McKenzie said that the cost of insulation was entirely dependent on the building type, however, this was a demand placed on both privately and commercially owned properties. Kent County Council worked in partnership with the Associate of Landlords and other key stakeholder groups to ensure that the policy targeted the correct properties that could benefit from a more energy efficient model and lobbied against Government to safeguard the properties that would not benefit from the policy. Mrs McKenzie informed the Committee that landlords could apply for funding through the Low Carbon Across the South East (LoCASE) programme which helped to make businesses more profitable whilst protecting the environment and encouraging low carbon solutions. However, the funding was only available for shared spaces and could not be accessed by the resident themselves.

(b)    Members queried whether Kent County Council had applied for the Governments grant scheme for electric vehicle charging infrastructure, Mrs McKenzie said that Kent County Council had secured funding for 30 electric vehicle charging points which had been located on Council owned estates across the districts. Kent County Council was in the process of extending the charging points and a bid had been submitted to the Office of Low Emission Vehicles (OLEV) in conjunction with the districts. Kent County Council had also been approached by On-street residential ChargePoint providers who were due to present to the cross-party working group. A workshop was also due to be held to identify Kent County Council’s role in respect of the electric vehicle charging points and how best to assist. As part of the European Regional Development Fund Kent County Council launched an electric vehicle scheme for black taxi companies which encouraged drivers to switch towards an energy efficient vehicle. Mrs McKenzie agreed to send Members a copy of the taxi scheme.

(c)     Mrs McKenzie confirmed that the Energy and Low Emission Strategy would be delivered within the expected timescale.

(d)  In response to concerns regarding what would happen if the District Council’s did not ratify the strategy and what had been done to encourage partnership working, Mrs McKenzie said that there was  ...  view the full minutes text for item 133.

To note the progress made to date on the preparation of the full business case for submission to the Ministry of Housing, Communities and Local Government as part of the Housing Infrastructure Fund (HIF) bid process.

Andy Moreton (Senior Project Manager) was in attendance for this item.

1.    Mr M Whiting (Cabinet Member for Planning. Highways, Transport and Waste) introduced the item which provided an update on the Swale Transport Infrastructure proposals. Further work had been commissioned to develop the full business case which would be submitted to the Ministry of Housing, Communities and Local Government on 1 March 2019 as part of the Housing Infrastructure Fund (HIF) bid.

2.    RESOLVED that the progress made to date on the preparation of the full business case for submission to the Ministry of Housing, Communities and Local Government as part of the Housing Infrastructure Fund (HIF) bid, be noted.

To consider and endorse, or make recommendations to the Cabinet Member for Planning, Highways, Transport & Waste, on:

(i)            the proposed works to renew and strengthen the A28 road surface between Birchington and Margate; and

(ii)          the delegation to the Corporate Director of Growth, Environment & Transport, under the Officer Scheme of Delegations, to take further or other decisions as may be appropriate to deliver the scheme in accordance with these recommendations

Alan Casson (Strategic Asset Manager, Highways, Transportation and Waste) was in attendance for this item.

1.    Mr A Casson introduced the report which outlined the proposals to proceed with urgent road maintenance work to renew and strengthen the road surface of the A28 in Thanet between Birchington and Margate. Funding of £2.5 million had been allocated in the 2019/20 Medium-Term Financial Plan to carry out the required work. The scheme would commence in April 2019 for around two months and would take place before the holiday season to avoid the peak holiday traffic.

(a)  In response to queries regarding the phasing of the work, Mr Casson said that work was being carried out to determine the stability of the road structure, however, the phasing of the scheme would require more detailed planning subject to approval from the Committee.

2.    RESOLVED that the proposed decision to:

(a)  renew and strengthen the A28 road surface between Birchington and Margate; and

(b)  delegate to the Corporate Director of Growth, Environment & Transport,

under the Officer Scheme of Delegations, to take further or other decisions as may

be appropriate to deliver the scheme in accordance with these recommendations,

be endorsed.

To consider and endorse or make recommendations to the Cabinet Member for Community and Regulatory Services on the proposed decision to adopt and publish the Rights of Way Improvement Plan 2018.

Graham Rusling (Public Rights of Way and Access Service Manager) and Denise Roffey (Countryside Access Improvement Plan Officer, Public Rights of Way & Access Service) were in attendance for this item.

1.      Mr M Hill, OBE (Cabinet Member for Community and Regulatory Services) introduced the report which set out the revised Rights of Way Improvement Plan following feedback received as part of the public consultation process and sought the Committees approval to adopt the final version.

2.    Mr G Rusling paid thanks to Mrs D Roffey for the extensive work carried out as part of the Rights of Way Improvement Plan review and informed Members that, if adopted, the plan would shape the work of the service over the coming decade.

(a)  In response to concerns regarding the availability of an interactive Rights of Way Map, Mr Rusling said that an interactive map was available on the Kent website, however, this could not be used as the definitive map due to subsequent amending orders and therefore carried with it a disclaimer to explain that the online map was not the legal record. Therefore, the definitive map could only be held in its original paper form. Mr Rusling explained that there was also a number of publicly maintained highways in Kent that did not feature on the definitive map and statement. Due to such inconsistencies, constituents were encouraged to liaise with the Public Rights of Way and Access Service, along with the Kent Highways and Transportation team, prior to taking any action.

3.    Mr M Balfour commended the work of the volunteers and Farmers who assisted the Rights of Way Access Service in keeping public footpaths clear.

4.    RESOLVED that the proposed decision to adopt and publish the Rights of Way Improvement Plan 2018, be endorsed.

To note the report.

Rob Clarke (Commissioning Programme Manager) and Phil Lightowler (Head of Public Transport) were in attendance for this item.

1.    Mr M Whiting (Cabinet Member for Planning, Highways, Transport and Waste) introduced the report which provided an update on the Bus Summit event held on 30 October 2018, the five pilot schemes and the next steps for delivering each of the pilots.

2.       Mr Clarke provided a brief summary on the development of the pilot schemes and referred the Committee to Appendix A of the report which outlined the benefits and key features within each of those pilots. The next step included extensive engagement through working groups with local county Members, parish councils and local community groups to ensure all feedback from each of the localities fed into the final design proposals prior to approval in January 2019. The pilot mobilisation would then commence in February 2019, followed by pilot commencement and review from 1 June 2019.

(a)  Mr Clarke confirmed that the cost of the consultation was between £75,000 to £80,000.

(b)  In response to questions raised regarding free bus passes, Mr Clarke informed the Committee that registered and timetabled services would facilitate free bus passes. If the service was provided through an unregistered company, the user group would need to submit a business case.

(c)   Mr Lightowler assured the Committee that following the withdrawal of three contracted bus services within Thanet, Kent County Council had put in place mitigating actions to ensure alternative means of transport were available. There was a four-week consultation period within Thanet, held at a number of venues at various times in the day to ensure user groups within Thanet had the opportunity to voice their concerns and receive confirmation of the alternative service number. Kent County Council was working in conjunction with Stage Coach to promote the Big Conversation and its public engagement events.

(d)  In response to concerns regarding competitor awareness and engagement, Mr Lightowler said that prior to the Big Conversation there were a number of market engagement events which helped to determine the main providers within the local areas. The evaluation of the commissioning process would then help to determine the best procurement method to drive competitive rates amongst interested parties. Alternatively, if Kent County Council was successful in identifying a community transport provider who could run a timetabled service, this would also be encouraged.

3.    Mr Whiting paid thanks to the Members for their involvement in the Big Conversation and the support they had given in their capacity as local members

4.    RESOLVED that the report be noted.

The Cabinet Committee is asked to consider and agree its Work Programme for 2019/20.

RESOLVED that the Work Programme be noted subject to the inclusion of the following items:

(a)  A factual report on the progress of the Manston Airport Development Consent Order

(b)  A progress report on the freight only ferry resilient service into Ramsgate

(c)   A review of the 20 MHP speed limit

To note and comment on the contents of this report.

RESOLVED that the report be noted.