Issue details

To endorse the Kent Minerals and Waste Safeguarding Supplementary Planning Document (SPD) for public consultation.

National planning policy requires local plans, including those prepared by the Borough and District Councils, to safeguard mineral resources, minerals production and transportation infrastructure, and waste management facilities. This safeguarding plays an important role in sustainable development, supports economic growth and our quality of life, and ensures that there is sufficient waste capacity to manage Kent’s waste arising.   It ensures that mineral and waste management resources are considered when determining planning applications and allocating sites for development within local plans.

The Kent Minerals and Waste Local Plan 2013-30 (MWLP) was adopted by Full Council in July 2016. Within the Plan are a number of policies concerning minerals and waste safeguarding to ensure that development does not sterilise natural mineral resources, or compromise the capacity and operation of minerals and waste management and transportation infrastructure.   Whilst minerals and waste planning falls within the remit of the County Council, safeguarding is the responsibility of all planning authorities within Kent. When considering a planning application or proposing a local plan allocation, borough and district authorities must have due regard to whether it will compromise natural mineral resources or any other existing or planned minerals or waste development. Applicants also need to be aware of safeguarding when compiling a planning application or promoting sites for potential allocation.

As a result of this responsibility, the Local Plan Examination for the Kent MWLP recognised the need for the County Council to produce a safeguarding supplementary planning document (SPD) following the adoption of the Kent MWLP. The Planning Inspector supported this approach in his report on the MWLP Plan (April 2016). The SPD sets out in detail the process that should be followed by the County Council, the borough and district councils and applicants when dealing with applications and local plan allocations that have implications for minerals and waste safeguarding. Importantly, the SPD does not create new policy; it simply provides guidance on the implementation of the adopted policies that have already been adopted within the MWLP.

Safeguarding issues were a key matter at the Kent MWLP Examination with representations from some borough councils, developers, landowners and the mineral industry.   In February 2016, a workshop was held to discuss implementation matters regarding the safeguarding policies and how best to address these in a SPD.  Those parties who had responded at the Examination Hearing, along with additional borough and district councils, were invited to the workshop and had the opportunity to shape a working draft of the SPD.  This version was subject to further informal discussion with an Informal Members Group for the Kent MWLP appointed by the Cabinet Member.

In order that the SPD can be adopted and be used in the decision-making for planning applications and plan making, public consultation is required

How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)

The SPD supports the objectives within the adopted Kent MWLP which support a number of the County Council’s Strategic Statement Objectives including ensuring that Kent’s physical and natural environment is protected, enhanced and enjoyed by residents and visitors; the provision of a steady and adequate supply of minerals to support well planned housing growth and supporting the essential role that mineral and waste planning play in providing Kent residents with a good quality of life, and enabling economic growth.

Financial Implications

The costs of preparing the SPD included in the Environment, Planning and Enforcement Division’s budget. There is an expectation by Government (DCLG) that all planning authorities have an up to date local plan in place. Without an adopted plan, there is a risk that DCLG will step in as the plan making authority, reducing local accountability.

Legal Implications

The County Council is required by national planning policy to ensure that local plans safeguard mineral resources and minerals and waste development.  The delivery of a SPD will play an important role in ensuring that development in Kent has proper regard to safeguarding matters and that local planning authorities can deliver their obligation pursuant to the National Planning Policy Framework (para. 143).

Equalities implications      

The MWLP was subject to a detailed EqIA. The safeguarding SPD does not create new policy.  It provides further guidance on the implementation of the adopted policy and as such is adequately covered by the Kent MWLP EqIA. It therefore presents no equalities implications