Issue details

Proposed decision

To agree to a revised Local Development Scheme (timetable) for work related to updating mineral and waste planning policy in Kent.

Reason for the decision

Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the Kent Minerals and Waste Local Plan (KMWLP) and the Kent Mineral Sites Plan (KMSP) is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was agreed by the Environment and Transport Cabinet Committee (ETCC) in November 2023. A change to the timetable for both Plans is necessary for the following reasons:

(i)        The independent examination hearing for the KMWLP commences in September and this impacts upon potential adoption dates;

(ii)      To meet the examination hearing deadlines for the KMWLP, staff resources have had to be focussed on activities associated with the KMWLP rather than the Mineral Sites Plan (MSP); and

(iii)     evidence gathering and assessment in relation to the MSP work is currently incomplete.  Work is ongoing to test whether the evidence is robust and consistent with national planning policy which will determine whether a new quarry site should be allocated or not.  

Background

The County Council has a statutory responsibility to plan for future minerals supply and waste management within Kent as set out in the Planning and Compulsory Purchase Act 2004, National Planning Policy Framework 2023 (NPPF) and the National Planning Policy for Waste 2014 (NPPW). This responsibility is realised through the preparation of a Local Plan, prepared in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012 (The Regulations).

The Kent Minerals and Waste Local Plan 2013-30 (KMWLP) was adopted by Full Council in July 2016, with some limited changes adopted in September 2020 as part of an ‘Early Partial Review’. The Kent Minerals and Waste Local Plan contains planning policies relating to minerals supply and waste management against which the Council assesses planning applications for these types of development. In addition, the Kent Mineral Sites Plan (adopted in September 2020) (KMSP) identifies three sites suitable for the quarrying of sand and gravel.

Regulations require local plans to be reviewed every five years to ensure that the policies remain relevant, conform to national policy and guidance and satisfactorily address the needs for waste management and mineral supply. Work on the Kent Minerals and Waste Local Plan Review commenced in 2021 and concluded a need for updates to the Plan to reflect changes in national policy and guidance since 2016. These include amongst others, changes to the National Planning Policy Framework, government policy and guidance on the achievement of a circular economy, those concerned with climate change and protection and enhancement of the natural environment. An updated KMWLP (which will cover the period 2024 to 2039) is currently being examined by an independent Planning Inspector.

Work on identifying an additional site for the working of hard rock in the Kent Mineral Sites Plan commenced in 2022.Detailed technical assessment on the suitability of the nominated site is ongoing. No decision has yet been made as the detailed technical assessment is currently incomplete.

Legislation requires local plan making work to be undertaken in accordance with a published timetable or ‘Development Scheme’. The most recent timetable for updating the KMWLP and the KMSP is set out in the Council’s ‘Minerals and Waste Local Development Scheme’ (LDS) and was considered by the Environment and Transport Cabinet Committee (ETCC) in November 2023, before being agreed by the Cabinet Member for Environment. The responsibility for the Local Plan work has since transferred to the Economic Development Portfolio.  In light of the need to focus resources on the examination of the Kent Minerals and Waste Local Plan, work on the Kent Mineral Sites Plan has effectively been paused. Although some detailed technical assessment continues it will not be possible to progress the work on the Sites Plan to the timetable set out in the current Kent Minerals and Waste Development Scheme and so an update to the scheme is now proposed. An updated Minerals and Waste Development Scheme will also take account of the anticipated Kent Minerals and Waste Local Plan 2024-39 examination hearing dates.

Options (other options considered but discarded)

The legislation requires a Local Development Scheme in a prescribed format and for plan making work to take place in compliance with the adopted LDS.  Other options are not permitted under the legislation.

How the proposed decision supports Framing Kent’s Future 2022-2026:

The KMWLP, in particular its Vision, Strategic Objectives and planning policies, helps facilitate the key strategic priorities of an Environmental Step Change and Infrastructure for Communities by supporting the delivery of sustainable growth in Kent’s economy. The KMWLP and supporting Kent Mineral Sites Plan recognise Kent’s environment as a core asset and seeks to adapt to, and mitigate, the impacts of climate change and assist in the delivery of net zero objectives. The proposed planning strategy will reflect recent changes to the environmental agenda including mitigation and adaptation to climate change and Kent’s Climate Change Statement, the circular economy, biodiversity and measures to support covid recovery. In addition, the proposed updated policies support the protection and creation of a high-quality environment, with accessible local services that reflect the community’s needs.

How the proposed decision supports Securing Kent’s Future:

The Local Plan work and the associated Local Development Scheme is a statutory requirement as part of the Council’s town planning responsibilities.  The local plan work has been carried out in accordance with Objective 3 of Securing Kent’s Future which seeks to ensure that the Council prioritises its Best Value Statutory obligations.