Agenda item

Local Plan Review – Regulation 19 Consultation Launch

Minutes:

The Planning Manager (Policy) introduced the report and outlined the proposed Regulation 19 Local Plan, Sustainability Appraisal, Habitats Regulations Assessment and Infrastructure Delivery Plan. Members were advised that the Regulation 19 consultation was proposed to run from 10 August 2026 until 21 September 2026 and that representations at this stage must focus on matters of soundness and legal compliance. Officers explained that the draft documents reflected previous Working Group discussions, decisions of Policy and Resources Committee and Full Council, together with feedback received through earlier public consultation exercises.

 

The Planning Manager (Policy) summarised the recommendations before the Working Group, including proposed allocation updates, officer delegations required to accommodate outstanding technical evidence and the proposed consultation arrangements.

 

Amendments to Site Allocations and Housing Capacity

Members discussed a number of amendments proposed to allocation capacities and housing supply assumptions.

 

Concern was expressed regarding:

  • the removal of allocations following the granting of planning permission;
  • reductions to estimated dwelling capacities on allocated sites;
  • the impact of overhead power line constraints on development capacity;
  • reductions in anticipated delivery at Queenborough and Rushenden; and
  • the cumulative effect of these changes on housing supply.

 

Officers advised that:

  • sites with planning permission had been removed from allocations to avoid double counting within the housing supply;
  • revised capacities reflected detailed site assessment work undertaken by officers;
  • the reduced dwelling capacity on land west of Minster represented a realistic and deliverable solution given infrastructure constraints; and
  • the proposed figure of 898 dwellings for the Queenborough and Rushenden regeneration area that included Homes England promoted sites reflected a consistent density-based assessment methodology for development that was used in the council’s Housing Economic Land Availability Assessment  and was considered defendable at examination.

 

Members requested that supporting text be updated to more clearly explain the reduction in dwelling numbers at Queenborough and Rushenden and the relationship between previous masterplanning assumptions and the proposed allocation.




Transport and Air Quality Modelling

Members discussed Recommendation 3, which related to outstanding transport and air quality evidence.

Concerns were expressed that:

  • significant elements of transport modelling remained incomplete;
  • the Working Group had not yet received the final modelling outputs;
  • further work remained outstanding in relation to mitigation and transport testing; and
  • Members wished to avoid creating an impression that all concerns regarding transport evidence had been resolved.

 

Officers advised that:

  • meaningful draft evidence would be available to support the Regulation 19 consultation;
  • further evidence would continue to be developed following consultation and prior to submission;
  • Members would continue to receive updates as the work progressed; and
  • further opportunities remained to amend the Local Plan before examination.

 

Following debate, Members agreed that the wording of Recommendation 3 should be amended.

 

Water Infrastructure and Utilities

Councillor Speed welcomed amendments made to Policy C10 (Water Quality and Resources), noting that the revised wording now:

  • explicitly addressed water supply as well as wastewater treatment;
  • required adequate capacity or mitigation to be demonstrated before development could proceed; and
  • reflected an infrastructure-first approach.

Officers advised that the revised wording had been prepared in response to previous Working Group comments and was considered more likely to withstand examination scrutiny.

Members also discussed engagement with South East Water and the need for greater involvement in future infrastructure planning. Officers advised that discussions with South East Water were now progressing positively and further engagement was planned.

 

Infrastructure Delivery Plan

Members discussed the Infrastructure Delivery Plan and questioned whether a number of transport infrastructure aspirations should be included despite the absence of confirmed funding and evidence.

 

Particular discussion focused on:

  • additional parking provision at Swale railway station;
  • improvements to the road under Crown Quay Lane Bridge;
  • improved pedestrian accessibility within Sittingbourne town centre; and
  • provision of a northern entrance to Sittingbourne railway station.

 

Members argued that inclusion within the Infrastructure Delivery Plan would strengthen future funding bids and support discussions with Network Rail and rail operators.

 

Officers acknowledged that the Infrastructure Delivery Plan was a live document and advised that aspirations could be included and refined as further evidence became available.

 

Following debate, Members unanimously supported the inclusion of the following strategic aspirations within the Infrastructure Delivery Plan:

  • improved parking provision at Swale railway station;
  • improvements and widening works at Crown Quay Lane Bridge; and
  • provision of a northern entrance to Sittingbourne railway station.

 

Kent Science Park

Members discussed the proposed policy wording relating to Kent Science Park and raised concerns regarding:

  • the lack of a clear definition of science park uses;
  • future expansion beyond the existing developed area;
  • environmental constraints;
  • impacts on surrounding rural areas; and
  • the absence of a comprehensive masterplan.

Officers agreed to:

  • review the definition of science park uses within the policy;
  • investigate requiring a masterplan to support future development proposals; and
  • consider additional wording associated with environmental safeguards and site planning.

 

Legal Challenge

A member asked officers to update the Working Group regarding a recently received pre-action protocol letter relating to the Local Plan process.

The Head of Place advised that:

  • internal and external legal advice had been obtained;
  • officers and Counsel considered there were no grounds requiring the Local Plan process to be paused;
  • the Council had formally responded to the correspondence; and
  • the advice received supported continuing with the Local Plan timetable.

 

Outcome

Following consideration of the report and amendments discussed during the meeting, the Working Group agreed to recommend the Regulation 19 Local Plan and supporting documents to Policy and Resources Committee, subject to the following:

 

  1. Agreed that Recommendation 3 be amended to state:

"To note that completion of the transport and air quality modelling is awaited."

2.    Supported the inclusion of strategic transport aspirations within the Infrastructure Delivery Plan, including:

    • improved parking provision at Swale railway station;
    • improvements and widening works at Crown Quay Lane Bridge; and
    • provision of a northern entrance to Sittingbourne railway station.
  1. Requested that officers review and update supporting text relating to Queenborough and Rushenden, including:
    • clarification of the reduction in dwelling numbers from earlier masterplan assumptions;
    • updated information regarding infrastructure investment and Homes England proposals; and
    • explanatory text regarding education and health land within the masterplan area.
  2. Requested amendments to factual and technical references within allocation policies, including:
    • correction of references to the railway line serving the Faversham to Ramsgate branch of the Chatham Main Line;
    • replacement of references to a footbridge with the correct description of the pedestrian level crossing;
    • updating references to the Bobbing allocation to reflect its current planning status;
    • updating references relating to the Article 4 Direction and Houses in Multiple Occupation Supplementary Planning Document; and
    • any consequential amendments arising from recent planning decisions and policy changes.
  3. Supported further review of Policy C10 (Water Quality and Resources) and welcomed the strengthened wording requiring adequate water supply, wastewater capacity and mitigation measures to be demonstrated prior to occupation.
  4. Requested officers investigate whether further policy wording could be introduced regarding the cumulative loss of high-grade agricultural land, subject to consistency with national planning policy.
  5. Requested officers consider opportunities to strengthen the treatment of archaeological assets and heritage finds, including mechanisms for the retention and interpretation of locally significant discoveries where appropriate.
  6. Requested further amendments to the Kent Science Park policy, including:
    • consideration of a requirement for a comprehensive masterplan;
    • review of the definition of "science park" uses;
    • consideration of environmental constraints and water protection issues; and
    • further clarification of development expectations for the site.
  7. Noted the update provided regarding the pre-action protocol letter received in relation to the Local Plan process and the legal advice received by the Council.
  8. Recommended the Regulation 19 Local Plan and supporting documents to Policy and Resources Committee, subject to the amendments and updates agreed during the meeting.

 

Resolved:

 

(1)  To recommend that Policy and Resources (P&R) and Full Council (FC) agree the changes to the proposed housing and employment allocations as set out in paragraphs 2.17 – 2.21;

(2)  To recommend that P&R recommend that FC delegate to the Head of Planning, in consultation with the Planning and Transportation Policy Working Group (PTPWG) Chair, any required updates to and/or deletions of sites with extant planning permissions;

(3)  To note that the completion of the transport and air quality modelling is awaited.

(4)  To note that the Sustainability Appraisal and Habitats Regulation Assessment are due to be available in final draft form in advance of the Policy and Resources Committee, and that the drafts set out at Appendices II and III have provided PTPWG suitable reassurance to recommend that P&R recommend that FC delegate to the Head of Planning, in consultation with the PTPWG Chair, any required updates and/or deletions to policies (Development Management, Strategic or Allocation) if required, once the transport and air quality modelling, Sustainability Appraisal and Habitats Regulation Assessment are complete;

(5)  To note that the Level 2 Strategic Flood Risk Assessment may recommend mitigations which will need to be added to relevant allocation policies and to recommend that P&R recommend that FC delegate to the Head of Planning, in consultation with the PTPWG Chair, any required updates to policies (Development Management, Strategic or Allocation) if required, once assessment is complete;

(6)  To recommend the Local Plan Regulation 19 document in Appendix I, the draft non-technical summary of the Sustainability Appraisal in Appendix II, the draft Habitat Regulation Assessment in Appendix III and the Draft Infrastructure Delivery Plan in Appendix IV (subject to the amendments and updates agreed during the meeting as detailed in the outcomes section above) to P&R for recommendation to FC for approval for consultation purposes; and

(7)  To recommend that P&R recommend that FC delegate to the Head of Planning, in consultation with the PTPWG Chair, any minor amendments and corrections to the Local Plan Regulation 19 document prior to the start of the consultation period.

 

Supporting documents: