Purpose

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.
 

Decision

As Cabinet Member for Economic Development who
is responsible for the Minerals and Waste Local Plan I agree to the
proposed changes to the timetable for the Kent Minerals and Waste
Local Development Scheme 2024 (as set out in Appendix 1) that
concerns:
 
•          
The review of the Kent Minerals and Waste Local Plan 2024-2039
•          
The review of the Minerals Sites Plan