Purpose

Proposed decision:
 
Following consultations on the
review of the adopted Kent Minerals and Waste Local Plan 2013-2030
and associated update to the Kent Mineral Sites Plan, to agree
to:
 
(i)   
Approve and publish for public consultation
(Regulation 19) a Pre-Submission Draft of the Kent Minerals and
Waste Local Plan 2024-39 for representations on soundness and legal
compliance;
(ii) 
To agree to submit the Pre-Submission Draft of Kent
Minerals and Waste Local Plan 2024-39 to Government for Independent
Examination into its soundness and legal compliance following
public consultation;
(iii)Delegate powers
to the Corporate Director for Growth, Environment & Transport
to approve any non-material changes to the draft Kent Minerals and
Waste Local Plan 2024-39 in consultation with the Cabinet Member
for Environment following on from the public consultation and to
agree to any amendments to the Plan during the Examination in
Public for submission to the appointed Planning Inspector, if these
amendments are likely to resolve objections; and
(iv)To agree a
revised Local Development Scheme (timetable) for work related to
mineral and waste planning policy in Kent.
 
Background
Information:
 
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). Amongst
other matters, these Regulations set out a legal requirement for
public consultation at key stages of the plan making process.
 
The Kent Minerals and Waste Local Plan 2013-30
(KMWLP) was adopted by Full Council in July 2016, with changes made
to a limited number of policies in 2020 resulting from an
‘Early Partial Review’. This, along with the Kent
Mineral Sites Plan 2020, currently represents the planning policy
framework for minerals and waste development in Kent. The KMWLP
contains a number of policies relating
to strategic planning for minerals supply and waste management, as
well as development management policies against which planning
applications for these types of development should be assessed.
 
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 including to the Vision, Strategic Objectives, Policies and
supporting text 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.
The proposed revisions to the KMWLP have been subject to an initial
consultation with key stakeholders followed by three public
consultations (Regulation 18) since 2021 which have provided an
opportunity for stakeholders and communities to comment on the
Council’s draft proposals for updates to the KMWLP as well as
to comment on whether other changes were needed.
 
The proposed changes to the KMWLP include an
extended plan period which, following a review of recent data on
permitted mineral reserves and supply, has resulted in a need to
identify an additional site(s) for the working of hard rock to
ensure the necessary steady and adequate supply is maintained over
the plan period in accordance with the National Planning Policy
Framework (NPPF). A ‘Call for Sites’ took place last
year and a draft update to the Kent Mineral Sites Plan (KMSP) which
included details of a nominated hard rock site, was prepared and
has been subject to public consultation (Regulation 18). A further
Call for Sites took place in September.
 
Pre-Submission
(Regulation 19) Draft of the Kent Minerals and Waste Local Plan
2024-39
 
A Pre-Submission Draft of the Kent Minerals
and Waste Local Plan 2024-39 has been prepared which takes account
of the consultation exercises related to the updating of the KMWLP
and does not propose any further substantive changes that have not
been previously consulted on.
 
It is now proposed that the Pre-Submission
Draft of the KMWLP 2024-39 be submitted to the Secretary of State
for independent examination by a Government-appointed Inspector. Prior to submission
a statutory six-week public consultation for representations on
soundness and legal compliance is required in accordance with
Regulation 19 of the Town and Country Planning (Local Planning)
(England) Regulations 2012 (as amended).
 
During the examination, the Inspector will
consider all representations received and may choose to convene
public hearings. If requested by the Council, the Inspector can
discuss changes needed to ensure soundness (known as ‘main
modifications’). If such changes are necessary, agreement is
sought to delegate powers to the Corporate Director for Growth,
Environment & Transport to approve any non-material changes to
the draft Kent Minerals and Waste Local Plan 2024-39 in
consultation with the Cabinet Member for Environment following on
from the public consultation and to agree to amendments to the
KMWLP during the independent examination, for agreement with the
appointed Planning Inspector, if these amendments are likely to
resolve objections.
 
It is important to note that the modifications
to the KMWLP can only be adopted by the County Council following
receipt of an Inspector’s report that finds the Plan and any
main modifications sound and legally compliant. In order to adopt
the Plan, the Inspector’s report and any  modifications would
be considered by ETCC, Cabinet Committee and County Council.
 
As well as the Pre-Submission Draft of the
KMWLP 2024-39 and the Local Development Scheme (LDS), the following
will be reported to the Environment and Transport Cabinet Committee
for its consideration:
•          
Summary of comments received during the public consultations from
October to December 2022 and from June to July 2023 on the review
of the KMWLP and the Council’s proposed response; and,
•          
Sustainability Appraisal.
 
Update to the Kent
Minerals and Waste Local Development Scheme (LDS)
 
The Regulations require local plan making work
to be undertaken in accordance with a published timetable or
‘Development Scheme’. The timetable for the Kent
Minerals and Waste Local Plan is set out in the Council’s
‘Minerals and Waste Local Development Scheme’ (LDS).
The most recent LDS was agreed by Environment and Transport Cabinet
Committee (ETCC) in May 2023.
 
Following the public consultation (Regulation
18) on the draft Kent Mineral Sites Plan which included details of
the nominated hard rock site and the representations received,
further evidence gathering is required to ensure that the updated
plan is robust and justified. This further evidence gathering
includes detailed technical assessment of the suitability of the
nominated site on a variety of considerations and constraints, an
assessment of potential alternative sources of hard rock that would
be capable of meeting identified need including a further call for
sites, a review of additional assessments that are being
undertaking by the site promoter, further consultation with key
stakeholders including Natural England, and preparation of an
updated Sustainability Appraisal that takes account of the above as
well as comments received on the draft document. In light of the extent of the further evidence
gathering activities required, which includes a further Call for
Sites, there is a need to extend the timetable for preparing the
updated Mineral Sites Plan which is set out in an updated LDS.
 
The Executive
Decision
 
This Executive Decision addresses: the
approval for public consultation (Regulation 19) of a
Pre-Submission Draft of the Kent Minerals and Waste Local Plan
2024-39; to agree to submit the Pre-Submission Draft of Kent
Minerals and Waste Local Plan 2024-39 to Government for Independent
Examination following public consultation; delegate powers to the
Corporate Director for Growth, Environment & Transport to
approve any non-material changes to the draft Kent Minerals and
Waste Local Plan 2024-39 in consultation with the Cabinet Member
for Environment following on from the public consultation and to
agree to any amendments to the KMWLP during the Examination in
Public for submission to the appointed planning inspector, if these
amendments are likely to resolve objections; and to agree a revised
LDS.
 
How the proposed
decision supports Framing Kent’s Future 2022-26:
 
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 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.
 
 

Decision

As Leader of the Council (in
post of Cabinet Member for Environment), I:
 

A.   
Recommend that County Council:

 

(i)            
Approve, and publish for public consultation, a Pre-Submission
Draft of the Kent Minerals and Waste Local Plan 2024-39 for
representations on soundness and legal compliance:

 

(ii)           
Agree to submit the Pre-Submission Draft of Kent Minerals and Waste
Local Plan 2024-39 to Government for Independent Examination into
its soundness and legal compliance following the representation
period;
 

 

(iii)         
Agree to request the examination Inspector to recommend changes
(‘main modifications’) needed to ensure the soundness
of the Kent Minerals and Waste Local Plan; and

 

(iv)         
Delegate powers to the Corporate Director for Growth, Environment
& Transport to, in consultation with the relevant Cabinet
Member,
 

                                              
i.    
Agree main modifications with the Inspector and to publish them for
representations on soundness and legal compliance;

                                             
ii.    
Approve any non-material changes to the draft Kent Minerals and
Waste Local Plan 2024-39;

 

        B.
Note the timetable for work related to mineral and waste planning
policy in Kent.