The Regulation Committee of Kent County Council met on Thursday, 16th October 2025, to discuss updates from the Public Rights of Way and Access Service and to receive an update on planning enforcement cases. The committee noted the significant backlog in processing applications to amend the Definitive Map and Statement, and discussed strategies to manage this.

Public Rights of Way and Access Service Update

Graham Rusling, Head of Public Rights of Way and Access, presented an update on the service's work, highlighting the challenges and progress in managing public rights of way and access to common land and village greens.

A key issue discussed was the backlog in processing applications to amend the Definitive Map and Statement (DMS). Mr Rusling explained that while 22 applications were determined in the last year, 40 new applications had been received, leading to a growing backlog. He stated that the current waiting time for an application to be processed is approximately eight years. This backlog is partly attributed to the Countryside and Rights of Way Act 2000, which introduced a deadline for recording rights of way based on historic evidence. Although this deadline has been subject to changes and extensions, the uncertainty has led to a surge in applications. Mr Rusling indicated that the service may propose a change to its statement of priorities to focus on applications based on current use, as this evidence can diminish over time, while historic evidence remains accessible.

The committee also heard about applications to divert, extinguish, or create public rights of way. While the backlog for these applications has decreased, there are still 24 unallocated diversions/extinguishments, resulting in a backlog of approximately 18 months to two years. The service also processes applications under the Town and Country Planning Act 1990 for rights of way affected by development, working on behalf of several district councils.

Mr Rusling also touched upon statutory deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006, which allow landowners to protect their land from the establishment of new rights of way or village greens through public use. The service also provides responses for local authority searches and processes temporary traffic regulation orders.

The committee noted that the Planning Inspectorate, which handles appeals against decisions and determines orders with objections, also has its own backlogs, which directly impact the council's work.

The committee considered the report and noted its contents.

Update on Planning Enforcement Cases

The committee received an update on planning enforcement cases, which are handled by the Planning Applications Group. The report detailed the current and active workload of the group, covering both unauthorised development and compliance work at sites with existing planning permission. The cases are drawn from minerals, waste management, and the council's own developments.

The report noted that member training had taken place, emphasizing the complementary roles of members in policy direction and authorisations, and officers in case triaging, prioritisation, and formal enforcement procedures. The detail of all planning enforcement matters is considered in camera to protect case strategies, court evidence, and the health and safety of those involved.

The committee was asked to note the report and endorse the enforcement strategies outlined in the appendices, which detail specific cases across various local authority areas. These cases include alleged unauthorised sites such as The Pines Nursery in Barham and Manor Farm in Paddock Wood, as well as compliance issues at permitted sites like Ashford Wastewater Treatment Works and Borough Green Sandpits. The report highlighted that much of the work in the unauthorised field is now undertaken collaboratively with regulatory partners, allowing for the sharing of costs, expertise, and resources. The committee was informed that the planning enforcement workload remains high, from small to medium-sized cases up to strategic-level issues.