Agenda and minutes

The chairman made members aware of the urgent item on the meeting’s agenda, ‘Development of the Climate Change Risk and Impact Assessment for Kent and Medway, and Adaptation Programme and Implementation Plan,’ which was provided as a supplement. The item had been included in the agenda as it could not reasonably be delayed to the next meeting of the cabinet committee in June. It was agreed that the item be considered following Item 10 and that Item 18, ‘Decisions taken between Cabinet Committee Meetings’ be taken following Item 9.

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 Balfour declared pecuniary interests in Items 7 and 8, family ownership of mineral deposits in Kent were cited and non-pecuniary interests in Items 11 and 12, as vice chairman of the Kent Downs Area of Outstanding Natural Beauty Joint Advisory Committee.

2.         Mr Rayner declared pecuniary interests in Items 11 and 12, as a Director of A. L. Betts Limited and Kent Downs Dairy Limited, both farmers within the Kent Downs Area of Outstanding Natural Beauty.

RESOLVED that the minutes of the meeting held on 19 January 2021 be approved as a correct record and that they be signed by the Chairman.

1.         Miss Carey gave a verbal update. She confirmed that KCC and its subsidiary local authority trading companies had been independently assessed and highly commended for their environmental practices and measures. The results of a public household waste recycling survey carried out in January and February 2021 were delineated, Members were informed that 95% felt satisfied and safe at recycling centres, 97.5% found the experience easy and 93% were happy for the booking system to be retained.

2.         Miss Carey confirmed that, following the committee’s previous request, she had written to the Secretary of State for Environment, Food and Rural Affairs and his counterparts in the 11 European countries which had licensed the use of neonicotinoids. It was noted that the use of neonicotinoids in East Anglia had not gone ahead due to recent weather conditions.

3.         Mr Payne gave a verbal update. It was confirmed that the 2021/22-2025/26 highways asset management Forward Works Programme had been published, 16 March. He addressed key areas in the programme, which included: highway resurfacing, road traffic analysis, street lighting and safe systems. The need to engage effectively with residents and haulage operators, to improve road safety, was noted.

4.         Mr Hook requested clarification from Mr Payne on the use of the Young Person's Travel Passes and recent service developments. Mr Payne agreed to meet with the member and Mr Lightowler, Head of Public Transport, following the committee meeting to discuss the matter further.

5.         Mr Chittenden asked Mr Payne whether the new schemes outlined in the Forward Works Programme had been funded from the County Council’s 2021/22 budget or additional central government grants. Mr Payne confirmed that the schemes were funded from the budget and had been accounted for.

6.         Mr Jones confirmed that KCC’s response to the Department for Transport 48 tonne Intermodal Freight Trial Consultation, which had taken account of the committee’s comments, had been submitted and awaited a formal response.

RESOLVED that the verbal updates be noted.

1.         Mrs Cooper gave a presentation, a copy of which is an appendix to these minutes. It was confirmed that, when compared to the previous year, a lower number of HGVs had travelled through Kent during the beginning of 2021, though the figure had begun to increase. Members were reminded that there was no correlation between trade and lorry numbers, as empty HGVs returning to Europe had a sizeable impact on vehicle numbers. The committee was informed that a change to French testing requirements had resulted in lower levels of Covid testing in Kent. Mrs Cooper confirmed that the majority of enforcement actions had occurred in the Dover and Ashford districts, whilst enforcement powers extended to 7 of Kent’s 12 districts. It was noted that the ‘Keep Dover Clear’ plan had progressed as part of a multi-agency response to the traffic issues highlighted in late 2020.

2.         Future developments were addressed by Mrs Cooper. It was confirmed that operations at Manston would be stood down, though available if required until June 2021. It was planned that all HGVs using Eurotunnel and the Port of Dover would use the M20, Mrs Cooper acknowledged that there was a risk of temporary congestion during implementation. Broader traffic management plans were outlined. Import control developments were detailed, national import controls had been delayed by 6 months, all construction at the Sevington site was expected to finish by August 2021, with the Special Development Order for the Dover White Cliffs site expected by late April 2021 and construction expected to finish by March 2022.

3.         Mr Lewis asked whether all employees at the Manston site had been stood down permanently. Mrs Cooper confirmed that the Department for Transport had the contract with the site operator and reassured the committee that in any event the site could be mobilised until June 2021, at which point the lease on the site ended.  

RESOLVED that the update be noted.

Mr Balfour was not in attendance for this item.

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

1.         Miss Carey gave an overview of the updated Kent Minerals and Waste Safeguarding Supplementary Planning Document. She confirmed that the document constituted supplementary guidance rather than a new Council policy. It was noted that the impetus for the update had been to increase clarity and address issues raised in the public consultation.

2.         Mrs Thompson provided a detailed breakdown of the proposed changes to the document. It was confirmed that 23 representations had been received from: mineral and waste operators; the Environment Agency; Historic England; planning consultants; the Port of London Authority and district, borough and city councils. Members were informed that broad support for the proposed updates and approach to safeguarding had been received from respondents.

3.         Mr Rayner asked whether the proposed clarifications upheld the safeguarding of protected minerals, when built development was considered. Mrs Thompson confirmed that the supplementary planning document did not change KCC’s policy on protected minerals and that priority was still given to safeguarding protected minerals.

4.         Mr Brazier asked whether residential developments would be effectively safeguarded against the negative impact of nearby aggregate handling wharfs. Mrs Thompson reassured the committee that, whilst there was no simple solution, the policies in the document provided an effective mechanism to balance competing interests.

RESOLVED to:

a)         note the summary of the comments received on the consultation draft of the updated Supplementary Planning Document and the Council’s proposed response to them;

b)         note the content of the updated Supplementary Planning Document proposed for adoption;

c)         endorse the proposed decision to adopt the updated Supplementary Planning Document as guidance for the county on mineral and waste safeguarding; and

d)         delegate powers to the Corporate Director for Growth, Environment & Transport to approve any minor modifications to the text of the Supplementary Planning Document, in consultation with the Cabinet Member for Environment, which may be needed, in order to publish the Document.

Mr Balfour was not in attendance for this item.

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

1.         Miss Carey outlined the outcome of the public consultation, which had been undertaken from December 2020 to January 2021. She confirmed that all public responses had been considered and had contributed towards updating the way public engagement was carried out in relation to Minerals and Waste Planning Policy and Planning Applications, through the Statement of Community Involvement.

2.         Mrs Thompson confirmed that the results of the consultation had indicated significant public support for the approach taken in the Statement of Community Involvement. She reminded members that if endorsed and when decided upon by the Cabinet Member, the Statement would become Council policy.

RESOLVED to:

a)         note the summary of the comments received on the consultation draft of the updated Statement of Community Involvement (SCI) and the Council’s proposed response to them;

b)         note the content of the updated Statement of Community Involvement proposed for adoption; and

c)         endorse the proposed decision.

Steve Baggs (Energy Programmes Manager) and Jonathan White (Projects and Operations Manager) were in attendance for this item.

1.         Miss Carey gave an overview of the Maidstone Heat Network project timeline. She said the project was multi-year and acknowledged that the majority of project progress had been made over the past year. Tributes were paid to Mr Balfour for aiding cooperation between KCC and the Ministry of Justice to include Maidstone Prison in the project, as well as to the project’s officers for winning significant central government funding. 

2.         Mr Baggs gave a presentation which outlined the project scope and developments, a copy of which is an appendix to these minutes. It was explained that: a new energy centre would be built; each property in the network would be linked by pipes; the River Medway would be used as the network’s water supply; and gas backup boilers would be operated if necessary. A breakdown of the properties benefitting from the project was given and the overall project aim, to create a renewable heat centre for Maidstone explained. It was noted that the decarbonisation of KCC’s heat network was an important factor for achieving carbon net zero by 2050. Members were reassured that the project met new government criteria set out as part of the Public Sector Decarbonisation Scheme (PSDS). Mr Baggs confirmed that KCC had been awarded £20.6m from the scheme and received a further £1.2m for KCC schools.

3.         Mr Booth asked whether a tariff had been negotiated for the use of water from the River Medway. Mr Baggs confirmed that the project was not currently at the point of negotiating tariffs with the Environment Agency.

4.         Members asked to what extent heat extraction affected water temperature in the River Medway and whether there would be an impact on biodiversity. Mr Baggs verified that the water returning to the River Medway would be 3°C cooler and would not affect the overall temperature of the river. Further assurance was given that safeguarding advice from the Environment Agency would be sought and considered, despite existing studies indicating a negligible impact on biodiversity.

5.         Mr Whybrow asked what proportion of the buildings heating requirements were met by the proposed heat network and for the scope of expansion. Mr Baggs stated that modelling had indicated that 75% of heating requirements would be covered by the low carbon source. It was confirmed that an extension of the network north and south was possible and that local partners had cooperated.

6.         Mr Brazier asked whether the local electricity supply required an upgrade and who would fund the upgrade if needed. Mr Baggs confirmed that a minor local electricity upgrade would be required and was to be provided from the solar scheme.

7.         Mr Baggs agreed to circulate future project updates to Members and provide briefings if requested.

RESOLVED that the progress of the Maidstone Heat Network and initial steps being undertaken to secure funding for the project via two large capital grants be noted.

1.         Miss Carey gave the justification for the Public Decarbonisation Fund - Section 31 Award urgent decision. She confirmed that KCC had received the grant offer from the Department for Business, Energy, and Industrial Strategy on 15 February 2021 and that the offer stipulated it had to be accepted within ten days of receipt.

2.         Miss Carey added that the £20.6m awarded to KCC and £1.2m to KCC schools had to be spent by September 2021 and that additional project management support was required to ensure timely delivery.

RESOLVED that the decision be noted.

Elizabeth Milne (Natural Environment and Coast Manager) was in attendance for this item.

1.         Miss Carey introduced the report and stressed that its motivation was to heal nature with natural solutions. She added that due consideration needed to be taken when implementing natural solutions, tree planting was used as an example, it was noted that whilst most tree planting had an environmental benefit, planting without due consideration could cause environmental damage.

2.         Mrs Milne provided a detailed overview of the report and gave examples of natural solutions which included: expanding woodlands and wetlands; urban trees and parks and protecting and restoring coastal nature. It was noted that natural solutions provided greater opportunities for carbon capture and would improve biodiversity. Future aims were set out alongside an acknowledgement that natural solutions needed to be embedded alongside Environment Bill requirements.

3.         Mr Balfour commented that the rural environment should not be considered purely aesthetically and emphasised the need to work constructively with land managers and rural businesses.

RESOLVED that the report be noted.

Christine Wissink (Environmental Projects Manager) was in attendance for this item.

1.         Miss Carey introduced the report, the importance of understanding the difference between environmental adaptation and mitigation were highlighted, as the areas had often been misunderstood.

2.         Mrs Wissink gave a detailed overview of the report. She confirmed KCC’s obligations under the Climate Change Act 2008 and said that the requirement to lower emissions related to the authority’s own operations as well as those of the geographical area as a whole. It was noted that the Risk and Impact Assessment links to the Council’s net zero action plan and the adaptation programme will see to achieve resilience for the county in line with carbon net zero targets by 2050. 

RESOLVED that the findings of the Climate Change Risk and Impact Assessment be noted.

Mr Rayner was not in attendance for this item.

1.         Miss Carey provided a verbal overview of the Management Plan, the timeline of the plan, consultation and previous comments of the committee were acknowledged. She commended the Kent Downs Area of Outstanding Natural Beauty Unit for ensuring the continued physical and operational success of the area.

2.         Mrs Holt-Castle addressed recent public feedback given to the Kent Downs Area of Outstanding Natural Beauty Unit, it was confirmed that changes had been implemented to balance public use with sustainability.

3.         Mr Bowles noted the importance of the Area of Outstanding Natural Beauty, given the positive impact of exercise on mental health. The member added that stronger powers were required to preserve Areas of Outstanding Natural Beauty as working landscapes.

RESOLVED to endorse the proposed decision of the Cabinet Member for Environment to approve the adoption of the revised Kent Downs Area of Outstanding Natural Beauty Management Plan 2020-2025.

Mr Rayner was not in attendance for this item.

Nick Johannsen (Director, Kent Downs AONB Unit) was in attendance for this item.

1.         Miss Carey introduced the report and confirmed that the proposed decision involved KCC receiving grant funding from the Department for Environment, Food and Rural Affairs on behalf of the Area of Outstanding Natural Beauty.

2.         Mr Johannsen outlined the expected scope and scale of the grant. He confirmed that the grant would support businesses and communities in working landscapes within the Kent Downs Area of Outstanding Natural Beauty. It was stated that the scheme is planned to last for three years and is expected to value in excess of £1m.

RESOLVED to endorse the proposed decision of the Cabinet Member for Environment to:

a)         accept a Grant from the Department for Environment, Food and Rural Affairs (Defra) ‘Farming in Protected Landscapes’ funding; and

b)         delegate authority to Corporate Director of Growth, Environment and Transport to take relevant actions, including but not limited to, entering into contracts and other legal agreements, as necessary to implement decisions to spend the grant be endorsed.

Christine Wissink (Environmental Projects Manager) was in attendance for this item.

1.         Miss Carey introduced the report which asked the cabinet committee to consider and endorse or make recommendations on a proposed decision to approve the delivery of the Low Carbon across the South and East Programme. She made Members aware of the work undertaken by Low Carbon across the South and East (LoCASE), which included advising businesses on decarbonisation and raising awareness of green initiatives and opportunities. The economies of scale which resulted from the proposed wider area of operation were noted.

2.         Mrs Wissink provided further detail of LoCASE’s scope of operation: to reduce the environmental impact of business and make companies greener; summarised previous achievements and addressed targets. It was confirmed that LoCASE was constituted of 16 partner authorities and institutions including county and unitary councils as well as universities.

RESOLVED to endorse the proposed decision of the Cabinet Member for Environment to approve the delivery of the ‘Low Carbon across the South and East Programme’.

Tim Read (Head of Transportation) and Neil Edwards (Traffic Manager) were in attendance for this item.

1.         Mr Payne justified KCC’s enforcement powers in 7 of Kent’s 12 districts. He confirmed that the Department for Transport had given KCC powers as part of central government’s traffic management plans for the EU-exit transition period. It was noted that the enforcement powers came into effect from 1 January 2021 and sought, in addition to traffic management, to protect residents and businesses from anti-social HGV fly parking.

2.         Mr Edwards provided an operational update and outlined enforcement statistics. He said the powers to clamp and issue fixed penalty notices in the 7 districts were enforced directly by KCC. It was noted that the M20 corridor comprised the main area of enforcement activity to date. It was confirmed that enforcement officers had operated 24 hours a day, more than two thirds of clamping had taken place overnight and 82% of offenders were foreign HGVs and 18% domestic HGVs. The committee was reminded that the enforcement scheme continued to 30 June 2021.

3.         Members discussed the impact of HGV fly parking on residents and highway infrastructure. Legislation and subsequent enforcement were cited as effective means of protecting local interests, comparisons were made with the domestic traffic management policies of other European states.

4.         Mr Jones said that KCC had written to the Department for Transport with a request to extend enforcement powers to the Tonbridge and Malling district. A response had not been received at the time of the meeting. Mr Jones agreed to follow up the matter with the Department.

5.         An explanation of the enforcement process, as well as an indication of how quickly enforcement officers were able to react to public information submitted via the Country Eye app, was sought by Mr Whybrow. Mr Edwards confirmed that following the submission of information, transportation officers made a judgement on whether enforcement was viable, before passing the information to enforcement officers for action. It was added that district councils submitted information directly to KCC on HGV enforcement matters.

6.         Mr Lewis asked for confirmation that the enforcement scheme operated at a financial loss. Mr Jones said that under the enforcement arrangement KCC operated as an agent of the Department for Transport and confirmed that the scheme was both self-funded and relied on a certain level of clamping to become cost neutral. Mr Jones added that the forecasts to June 2021 outlined in the report were based on figures from the first six weeks of the scheme. He noted that the enforcement powers provided secondary financial benefits when the reduction of highway network risk was considered.

7.         Mr Rayner proposed, and Mr Brazier seconded a motion that: “The Environment and Transport Cabinet Committee agree to note the update and recommend that the Cabinet Member for Highways and Transport writes to the Secretary of State for Transport to extend the period of enforcement powers and include those Boroughs in north and west Kent not currently included  ...  view the full minutes text for item 347.

Joseph Ratcliffe (Transport Strategy Manager) and Nola Cooper (Principal Transport Planner) were in attendance for this item.

1.         Mr Payne summarised the draft response to the Department for Transport Night Flight Restrictions Consultation. He noted that the draft response focused on London Gatwick Airport, as the airport contributed the majority of night flights over Kent. Mr Payne said that, given the reduction in the number of night flights in the last year, it was the right time for the case to be made to government for a significant permanent reduction, given the disturbance caused to Kent’s residents. 

2.         Mr Ratcliffe provided further detail on the draft response and relevant policy. He confirmed that the Department for Transport proposal had been to extend the current Night Flight Restrictions policy by two years, to be followed by a new policy from 2024. He advised the committee that the draft response recommended that the number of permitted night flights from Gatwick be lowered to fall in line with London Heathrow, which had a considerably lower rate.

3.         Members were reminded that subject to the committee’s endorsement and comments the formal consultation response would be sent by the Cabinet Member following the meeting.

4.         In response to a question from Mr Lewis, Mr Ratcliffe confirmed that the policy applied specifically to London’s three designated airports: Heathrow, Gatwick and Stansted, and that other regional airports set their own night flight policy.

5.         Mr Balfour mentioned the noticeable reduction in disturbance over the past year and commented that the lower volume of night flights over West Kent had a positive impact on residents’ mental health.

6.         Clarification was sought by Members regarding the meaning of “so that communities across the South East can benefit from future additional capacity,” which was written in the of the draft response. Mr Ratcliffe confirmed that the passage referenced the predicted reduction in night flights in the event that a third runway was approved at Heathrow. Members offered to meet with the Cabinet Member following the meeting to agree a rewording of the highlighted clause.

7.         Mr Lewis did not endorse the draft KCC response to the Department for Transport Night Flight Restrictions Consultation and he abstained in the vote.

RESOLVED that the draft KCC response to the Department for Transport Night Flight Restrictions Consultation be endorsed.

Robin Hadley (Soft Landscape Asset Manager), Barry McKenna (Contracts Manager) and Louise Butfoy (Shared Outcomes Fund Project Officer) were in attendance for this item.

1.         Mr Payne began the update by saying that the Trees Outside Woodland project was overseen by the Department for Environment, Food and Rural Affairs and that KCC led on urban tree establishment and the alternate management of roadsides.

2.         Mr Hadley gave an overview of the project timeframe, confirming that the Shared Outcomes Fund had run for six months and would run until March 2023. The extent of funding and partners involved in the project were delineated. He said that despite supply delays related to the pandemic, overall project progress had been positive.

3.         Mr McKenna and Miss Butfoy provided information on urban tree establishment. Mr McKenna noted that three areas had been targeted: planned new developments, major retrofit re-planting and small-scale replanting. He confirmed that the project forward plan would include a best practice guide on urban planting. Miss Butfoy added that to date six native woodland plots had been created: 3 in Maidstone, 2 in Swale and 1 in Tonbridge and Malling, the plots ranged from 100 to 150m² and would be monitored quarterly until March 2023.

4.         Members gave their support to the project and encouraged the project officers to work with local charities wherever possible.

RESOLVED to endorse the project approach and deliverables the County Council will undertake as part of the Shared Outcomes Fund – Trees Outside of Woodland project.

1.         Mr Payne introduced the report which asked the cabinet committee to consider and endorse or make recommendations on a proposed decision to approve the acceptance of the Section 31 Grant award from the Department for Transport to procure and manage the Inland Border Facility and Border Control Post works at White Cliffs, Dover. He said that the proposed decision permitted the procurement of the Inland Border Facility site and confirmed that KCC would oversee construction on behalf of the Department for Transport. Mr Jones added that the decision was not related to site planning, which had been managed by the Department for Transport.

2.         Mr Hook raised concern about the possible negative impact of the project on local communities and the environment, and stressed the need for more comprehensive environmental impact analysis and public consultation.

3.         Mr Bond said that KCC’s management of site construction was likely to minimise environmental damage and improve community engagement, given the authority’s local expertise when compared to direct management by the Department for Transport.

4.         Members voted on the recommendation to endorse the proposed decision of the Cabinet Member for Highways and Transport to approve the acceptance of the Section 31 Grant award from the Department for Transport (DfT) to procure and manage the Inland Border Facility and Border Control Post works at White Cliffs, Dover.

5.         The voted passed by 6 votes to 5.

RESOLVED to endorse the proposed decision of the Cabinet Member for Highways and Transport to approve the acceptance of the Section 31 Grant award from the Department for Transport (DfT) to procure and manage the Inland Border Facility and Border Control Post works at White Cliffs, Dover.

Rachel Kennard (Chief Analyst) was in attendance for this item.

1.         Mrs Kennard gave an overview of the report. She said that twelve of the eighteen KPIs in the Growth Environment and Transport directorate had achieved target and were RAG rated green.

2.         Miss Carey addressed Key Performance Indicator WM01 by saying that recycling and composting continued to be negatively affected by an overall reduction in the volume of materials processed, a trend that had persisted throughout the pandemic. She said kerbside collections of recyclable materials had increased and that Household Waste Recycling Centres were able to operate at capacity despite social distancing requirements.

RESOLVED that the report be noted.

1.         In response to a question from Mr Rayner, Mr Jones said the North West Maidstone Transfer Station project was unlikely to be sufficiently developed to warrant a report to the meeting of the cabinet committee scheduled for 24 June but that it would be considered by the committee at the appropriate time.

2.         Mr Payne thanked the chairman and the committee members for their contributions and recommendations. He paid tribute to those committee members leaving the Council following the May 2021 election.

3.         The chairman thanked committee members for their work over the previous four years.

RESOLVED that the Work Programme be agreed.

To note that meetings of the Environment and Transport Cabinet Committee will take place at 10.00 am on the following dates:

RESOLVED that the future meeting dates be noted.