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Statement of Common Ground Between County Council and Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites

Updated July 2019

1.0 Introduction and Parties Involved

1.1 National policy1 states that: “Local planning authorities and county councils (in two-tier areas) are under a duty to cooperate with each other, and with other prescribed bodies, on strategic matters that cross administrative boundaries.” and “Strategic policy-making authorities should collaborate to identify the relevant strategic matters which they need to address in their plans.”.

1.2 It also states2: “In order to demonstrate effective and on-going joint working, strategic policy-making authorities should prepare and maintain one or more statements of common ground, documenting the cross-boundary matters being addressed and progress in cooperating to address these. These should be produced using the approach set out in national planning guidance, and be made publicly available throughout the plan-making process to provide transparency.”

1.3 This document represents a Statement of Common Ground (SoCG) between (KCC) and Swale Borough Council (SBC) that will help ensure that waste is managed, and minerals are supplied in the Borough of Swale in accordance with relevant local and national policy.

1.4 Specifically this SoCG covers the following strategic matters: • Safeguarding of mineral resources • Safeguarding Minerals Management, Transportation & Waste Management Facilities

1.5 KCC is the waste and minerals planning authority for the two tier area of Kent with responsibility for planning for the future management of waste and supply of minerals in the county by preparing relevant strategic policies. The Borough of Swale is located within Kent and SBC has responsibility for planning other development such as housing and employment within the Borough of Swale (See Figure 1).

1 Paragraph 24 and 25 of the revised National Planning Policy Framework 2 Paragraph 27 of the National Planning Policy Framework Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 1 of 10

Figure 1: Location of Kent and the Borough of Swale

1.6 In accordance with paragraph 8 of National Planning Policy for Waste, SBC also has responsibility for helping ensure that waste is managed in accordance with the Waste Hierarchy3, this includes the following:

“8. When determining planning applications for non-waste development, local planning authorities should, to the extent appropriate to their responsibilities, ensure that:… • the likely impact of proposed, non-waste related development on existing waste management facilities, and on sites and areas allocated for waste management, is acceptable and does not prejudice the implementation of the waste hierarchy and/or the efficient operation of such facilities;”

1.7 Insofar as safeguarding mineral resources and waste management and mineral supply infrastructure is concerned, the following paragraphs of the NPPF apply:

• Paragraph 203: It is essential that there is a sufficient supply of minerals to provide the infrastructure, buildings, energy and goods that the country needs. Since minerals are a finite natural resource, and can only be worked where they are found, best use needs to be made of them to secure their long-term conservation.

• Paragraph 204(c): Planning policies should safeguard mineral resources by defining Mineral Safeguarding Areas; and adopt appropriate policies so that known locations of specific minerals resources of local and national importance are not sterilised by non-mineral development where this should be avoided (whilst not creating a presumption that the resources defined will be worked);

3 See Appendix A of National Planning Policy for Waste. The waste hierarchy expects waste to be managed in the following order of preference: Prepared for reuse; Recycled and/or composted; Recovered in ways other than recycling/composting; and, finally, Disposed. Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 2 of 10

• Paragraph 204(d): Planning policies should set out policies to encourage the prior extraction of minerals, where practical and environmentally feasible, if it is necessary for non-mineral development to take place;

• Paragraph 204(e): Planning policies should safeguard existing, planned and potential sites for: the bulk transport, handling and processing of minerals; the manufacture of concrete and concrete products; and the handling, processing and distribution of substitute, recycled and secondary aggregate material

• Paragraphs 205 and 206: When determining planning applications, great weight should be given to the benefits of mineral extraction, including to the economy. Local planning authorities should not normally permit other development proposals in Mineral Safeguarding Areas if it might constrain potential future use for mineral working.

1.8 KCC is preparing a Mineral Sites Plan and modifying its adopted planning policies concerning the safeguarding of minerals resources and waste management and minerals supply infrastructure as set out in the Kent Minerals and Waste Local Plan (MWLP). In 2017 KCC adopted a Supplementary Planning Document on Safeguarding (Safeguarding SPD). SBC adopted its Bearing Fruits 2031: Borough Local Plan in 2017.

1.9 Modifications to the KMWLP safeguarding policies (DM 7 and DM 8) are proposed in light of the new evidence about wharf capacity and land-won minerals supply as well as experience of non waste and minerals development proposals coming forward on sites allocated in Local Plans in areas safeguarded by the KMWLP for decision, without an understanding of their impact on future minerals supply. (Proposed modifications to policies DM 7 and DM 8 appended.)

2.0 Signatories

Sharon Thompson, Head of Planning Applications Group, Kent County Council

Mike Baldock, Cabinet Member for Planning, Swale Borough Council

3.0 Strategic Geography

3.1 Swale is a northerly borough within central Kent (see Figure 1). Most of the borough is rural in character and the largest settlement is . The other main settlements include and . One motorway, the M2, crosses the borough east to west and the A2, A249 and A299 link the borough to , and East Kent respectively. Much of the borough is covered by the designations set out in Footnote 6 of the NPPF which constrain development in many areas. One such example includes the Area of Outstanding Natural Beauty.

3.2 The main economic minerals found within the borough are aggregates, in the form of sub-alluvial river terrace deposits (located along the borough’s river valleys and either side of the Swale); brickearth deposits (located in a consistent pattern on an east-to-west axis in the agricultural hinterland area of the borough); and limited storm beach gravel deposits (located on the east coast of the ). There are several mineral sites in the Borough of Swale at:

- Ridham Dock, East Quay, Crushed Rock Wharf - Ridham Dock, East Quay, Marine Dredged Sand and Gravel Wharf

Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 3 of 10

- Ridham Dock, Marine Dredged Sand and Gravel Wharf - Claxfield Farm, Brickearth Site - Hempstead House, Brickearth Site - Paradise Farm, , Brickearth Site - Orchard Farm, , Brickearth Site - Norwood Quarry, Clay Site

3.3 There are imports and exports of mineral into and out of the Borough of Swale.

3.4 Waste produced in the Borough of Swale is managed at various facilities both within and outside of the borough. The waste facilities within the Borough of Swale also serve areas outside of the borough and are as follows:

- Faversham Quarry, Secondary and Recycled Aggregate Site - Ridham Dock, Secondary and Recycled Aggregate Site - Newbury Farm, Dully Rd, Tonge, Secondary and Recycled Aggregate Site - Ridham Dock MRF, Recycling Site Construction and Demolition Waste - Gas Road, Sittingbourne, Recycling Site Construction and Demolition Waste - Materials Recycling Facility, Land within Ridham Dock, Recycling Site Construction and Demolition Waste - Unit 15A Ridham Dock Industrial Estate, Recycling Site Construction and Demolition Waste - Unit 15B Ridham Dock Industrial Estate, Recycling Site Construction and Demolition Waste - Church Marshes, Household Waste Recycling Centre (HWRC) - Stoneyard, HWRC - Preston Forge, HWRC - Ridham Dock composting, Composting and Anaerobic Digestion - Paper Mill AD, Composting and Anaerobic Digestion - Kemsley Mill CHP Phase II extension, Energy from Waste Facility - Sustainable Energy Plant Kemsley Mill, Energy from Waste Facility - Biomass Plant, adj. Thamesteel, Ridham Dock, Energy from Waste Facility - Shed 3 & 4, Ridham Dock, Treatment Site - Road, , Treatment Site - Building 17 Ridham Dock, Treatment Site - WTS Unit 11D-E Dolphin Park, Cremers Road, Sittingbourne, Transfer Station - Unit Q, Newington Industrial Estate, Transfer Station - Units 5 And 6, West Lane, Sittingbourne, Transfer Station - Church Marshes WTS, Transfer Station - Waste Transfer Station, Land within Ridham Dock, Transfer Station - Ridham Dock Road, Transfer Station - WTS Site D Oare Creek, Faversham, Transfer Station - Units D9 & D9(3), Eurolink Industrial Estate, Sittingbourne, Metal/End of Life Vehicle (ELV) Facility - Sheppey Way, Bobbing, Metal/ ELV Facility - Unit 1, Sheppey Plant Estate, Queenborough, Metal/ ELV Facility - Gas Road, , Metal/ ELV Facility - Halfway Rd, Sheerness, Metal/ ELV Facility - Rushenden Rd, Queenborough, Metal/ ELV Facility - Ridham Dock, Metal/ ELV Facility - Queenborough, Wastewater Treatment Works (WWTW) - Sittingbourne, Sewage Treatment Works - , WWTW Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 4 of 10

- , WWTW - Boughton, WWTW - Faversham, WWTW - Rushenden Marshes, Dredgings Disposal Site - Norwood Farm, Isle of Sheppey, Hazardous Landfill

4.0 Strategic Matters

4.1 Safeguarding of Mineral Resources Policy Considerations

4.1.1 Protecting mineral resources from unnecessary sterilisation is central to supporting sustainable development and so is a very important part of national planning policy, along with other development considerations. Minerals are a finite natural resource which need to be used prudently. The purpose of safeguarding minerals is to ensure that sufficient economic minerals are available for future generations to use (see National Planning Policy Framework 2019, Part 17 Facilitating the sustainable use of minerals).

4.1.2 The Authorities agree that safeguarding of minerals resources in the Borough of Swale shall take place in accordance with safeguarding policies and the Safeguarding SPD. Key aspects of the approach are described below.

Minerals Safeguarding Areas (MSAs) 4.1.3 MSAs cover areas of known mineral resources that are, or may in future be, of sufficient value to warrant protection for future generations. MSAs ensure that such resources are adequately and effectively considered in land-use planning decisions so that they are not needlessly sterilised.

4.1.4 The MSAs carry no presumption for extraction and there is no presumption that any areas within MSAs will ultimately be acceptable for mineral extraction. The Authorities agree that boundaries of the adopted MSAs for the Borough of Swale are set out in the Policies Maps in Chapter 9 of the Kent MWLP. In the Borough of Swale, the MSAs are also set out on the Policies Maps of the Development Plan maintained by SBC.

4.1.5 Minerals Consultation Areas (MCAs) cover the same area as MSAs. The Authorities agree that if an application for non-minerals development is received by SBC within the MCA then it will consult KCC on the implications for safeguarding the resource in that area. The Authorities agree that KCC will provide its views within 21 days of being consulted and if no response is provided SBC may take that to mean that KCC has no concerns.

4.1.6 The Authorities agree that applications for development within MSAs will need to be accompanied by related information to allow an assessment of the impact on the resource to be undertaken. The information required is set out in the Safeguarding SPD and will be provided by the applicant.

4.1.7 The Authorities agree that to support SBC in consideration of minerals safeguarding, on request, KCC will also provide advice on the importance of the safeguarded resource at the time an application is made, to supplement the formal consultation process as needed.

4.1.8 The Authorities agree that existing and allocated mineral sites are also protected by the safeguarding policies and KCC and SBC will apply these policies when considering any applications which might impact upon the extraction of minerals from these sites.

4.1.9 The Authorities agree that KCC and SBC will apply Policy DM 7 (now subject to review as part of an Early Partial Review of the adopted Kent MWLP) when determining if proposed Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 5 of 10 development that might otherwise be incompatible with safeguarding a mineral resource would be acceptable. Exceptions to the presumption to safeguard are set out in Policy DM 7 and currently include where a proposal is on land allocated in a local plan and/or where prior extraction of the mineral has taken place (changes to policy DM 7 are due to be examined in the Autumn as an Early Partial Review of the adopted plan).

4.1.10 The Authorities agree that, in accordance with the proposed modifications to KMWLP policies DM 7, development proposed on a site allocated in Bearing Fruits 2031: The Swale Borough Local Plan for that purpose within an MSA will not be exempted from safeguarding considerations set out in the KMWLP as the importance of safeguarding minerals resources was not considered at the time the Local Plan was prepared.

4.1.11 The Authorities agree that when deciding on allocations in future Local Plans, SBC will fully take into account the existence of the MSAs and if any proposed sites are within an MSA, will take advice from KCC on the suitability of the allocation. KCC will provide timely advice on sites put forward for consideration through the Strategic Housing and Economic Land Availability Assessments, on the importance of the minerals resources present and the potential for prior extraction occurring, allowing the site to contribute to non-mineral development needs within the SBC Local Plan period.

Prior extraction 4.1.12 The Authorities agree that KCC and SBC will consider applications for prior extraction of safeguarded mineral resources, that would otherwise be sterilised by non-minerals development, against adopted Kent MWLP Policies CSM 4 and DM 9.

Review 4.1.13 The Authorities agree that KCC will review the extent of the MSAs at least every five years. As the current MSAs were adopted in 2016 this means they will be reviewed no later than 2021.

4.2 Safeguarding Minerals Management, Transportation & Waste Management Facilities

4.2.1 Mineral transportation infrastructure is important because imported minerals make a major contribution to Kent's requirements and production facilities convert materials into useable products. Transportation infrastructure also allows for export of minerals to other areas.

4.2.2 The purpose of safeguarding sites hosting existing waste and minerals infrastructure, as well as those with planning permission and/or allocated for such uses, is to ensure that the need for existing or planned waste management and minerals supply infrastructure is taken into account when decisions are made on all new development in Kent.

4.2.3 The Authorities agree that as the responsibility for determining the majority of planning applications for non-waste and minerals development in the Borough of Swale, such as housing, lies with SBC , this authority is primarily responsible for ensuring the safeguarding of waste and minerals infrastructure. In any event, both Authorities agree that they will work together to ensure that the relevant safeguarding policy is implemented effectively.

4.2.4 The Authorities agree that in protecting the ongoing operation of such infrastructure KCC and SBC will apply Policy CSM 6 (Railheads and Wharves) and Policy CSM 7 (Other Mineral Plant), as appropriate. 4.2.5 The loss of existing waste management capacity could have an adverse effect upon delivering the waste strategy, including net self-sufficiency in waste management, in Kent Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 6 of 10 and so its protection is also important. The Authorities agree that KCC and SBC will protect existing permitted sites with permanent permission for waste management by applying Policy CSW 16.

4.2.6 The Authorities agree that application of the policies mentioned above means that planning applications for development which replaces or jeopardises the minerals and waste infrastructure capacity provided by these operations will generally be refused, unless otherwise acceptable through consideration of Policy DM 8.

4.2.7 The Authorities agree that where other development is proposed at, or within 250m of, safeguarded minerals and waste management facilities, SBC will consult KCC and take account of its views before making a planning decision (in terms of both a planning application and an allocation in a local plan). KCC will provide its views within 21 days of being consulted and if no response is provided SBC may take that to mean that KCC has no concerns.

4.2.8 The Authorities agree that KCC and SBC will apply Policy DM 8 when establishing if proposed development that might otherwise be incompatible with safeguarding minerals and/or waste infrastructure would be acceptable.

4.2.9 The Authorities agree that, in accordance with the proposed modifications to KMWLP policies DM 8, development proposed on a site allocated in Bearing Fruits 2031: The Swale Borough Local Plan for that purpose that would jeopardise existing or allocated minerals and waste infrastructure will not be exempted from safeguarding as the importance of safeguarding the infrastructure was not considered at the time the Local Plan was prepared.

4.2.10 Each year KCC will publish an updated list of existing minerals management, transportation and waste sites requiring safeguarding in the KCC Annual Monitoring Report.

5.0 Governance and Future Arrangements

5.1 KCC and SBC will cooperate and work together in a meaningful way and on an ongoing basis to ensure the effective strategic planning of waste management. This statement is agreed by the KCC’s Head of Planning Applications Group and SBC’s Cabinet Member for Planning.

5.2 The ability of Swale Borough to contribute to waste management and minerals supply in Kent will be monitored by KCC and reported each year in the Kent Annual Monitoring Report. As necessary this monitoring will trigger a review of this Statement of Common Ground, for example in light of changes to waste management and minerals supply capacity within the Borough of Swale. The results of any review will be reported in each Authorities’ Annual Monitoring Reports.

5.2 Specific matters likely to prompt a review of this SoCG are as follows:

- Adoption of the Kent Minerals Sites Plan (anticipated December 2019) - Update to the Kent Minerals and Waste Safeguarding SPD (anticipated 2020) - Review of Minerals Safeguarding Areas (anticipated 2021) - Review of Bearing Fruits 2031: The Swale Borough Local Plan (anticipated 2022) - Any key changes to relevant national policy

5.3 The Authorities will work together to update the Kent Minerals and Waste Safeguarding SPD and when reviewing the Minerals Safeguarding Areas.

Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 7 of 10

Appendix 1: Emerging Policies DM 7 and DM 8 of the Early Partial Review of the Kent Minerals and Waste Local Plan

In light of the changes to the assessment of waste capacity requirements… it is proposed that the text of the Kent Minerals and Waste Local Plan be modified as set out below. Note that new text is shown in italics, bold, and underlined (like this) and deleted text is shown struck though (like this). Policy DM 7

Safeguarding Mineral Resources

Planning permission will only be granted for non-mineral development that is incompatible with minerals safeguarding where it is demonstrated that either:

1. the mineral is not of economic value or does not exist; or 2. that extraction of the mineral would not be viable or practicable; or 3. the mineral can be extracted satisfactorily, having regard to Policy DM9, prior to the non-minerals development taking place without adversely affecting the viability or deliverability of the non-minerals development; or 4. the incompatible development is of a temporary nature that can be completed and the site returned to a condition that does not prevent mineral extraction within the timescale that the mineral is likely to be needed; or 5. material considerations indicate that the need for the development overrides the presumption for mineral safeguarding such that sterilisation of the mineral can be permitted following the exploration of opportunities for prior extraction; or 6. it constitutes development that is exempt from mineral safeguarding policy, namely householder applications, infill development of a minor nature in existing built up areas, advertisement applications, reserved matters applications, minor extensions and changes of use of buildings, minor works, non-material amendments to current planning permissions; or 7. it constitutes development on a site allocated in the adopted development plan where consideration of the above factors (1-6) concluded that mineral resources will not be needlessly sterilised.

Further guidance on the application of this policy is will be included in a Supplementary Planning Document.

Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 8 of 10

Policy DM 8

Safeguarding Minerals Management, Transportation Production & Waste Management Facilities

Planning permission will only be granted for development that is incompatible with safeguarded minerals management, transportation or waste management facilities, where it is demonstrated that either:

1. it constitutes development of the following nature: advertisement applications; reserved matters applications; minor extensions and changes of use and buildings; minor works; and non-material amendments to current planning permissions; or 2. it constitutes development on the site that has been allocated in the adopted development plan where consideration of the other criteria (1, 3-7) can be demonstrated to have taken place in formulation of the plan and allocation of the site which concluded that the safeguarding of minerals management, transportation production and waste management facilities has been fully considered and it was concluded that certain types non-mineral and waste development in those locations would be acceptable; or 3. replacement capacity, of the similar type, is available at a suitable alternative site, which is at least equivalent or better than to that offered by the facility that it is replacing; or 4. it is for a temporary period and will not compromise its potential in the future for minerals transportation; or 5. the facility is not viable or capable of being made viable; or 6. material considerations indicate that the need for development overrides the presumption for safeguarding; or 7. It has been demonstrated that the capacity of the facility to be lost is not required.

Replacement capacity must be at least equivalent in terms of tonnage, accessibility, location in relation to the market, suitability, availability of land for processing and stockpiling of waste (and materials/residues resulting from waste management processes) and minerals, and:

• in the case of wharves, the size of the berth for dredgers, barges or ships • in the case of waste facilities, replacement capacity must be at least at an equivalent level of the waste hierarchy and capacity may be less if the development is at a higher level of the hierarchy.

There must also be no existing, planned or proposed developments that could constrain the operation of the replacement site at the required capacity.

Planning applications for development within 250m of safeguarded facilities need to demonstrate that impacts, e.g. noise, dust, light and air emissions, that may legitimately arise from the activities taking place at the safeguarded sites would not be experienced to an unacceptable level by occupants of the proposed development and that vehicle access to and from the facility would not be constrained by the development proposed.

Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 9 of 10

Further guidance on the application of this policy will be included in a Supplementary Planning Document.

Statement of Common Ground Between Kent County Council and Swale Borough Council Concerning Minerals and Waste Safeguarding and Allocation of Mineral Sites [Updated July 2019] Page 10 of 10