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Maidstone Borough Council

 

LOCAL DEVELOPMENT SCHEME

 

2021-2024


December 2021

 


LOCAL DEVELOPMENT SCHEME 2021-2024

 

 

 

 

This document is produced by Maidstone Borough Council

 

 

 

 

 

This Local Development Scheme came into effect on 8th December 2021

 

 

 

 

 

 

 

 

 

 

 

 

All enquiries should be addressed to:

 

 

 

Strategic Planning Maidstone Borough Council Maidstone House

King Street Maidstone Kent

ME15 6JQ

 

 

 

Telephone: 01622 602000 Email: LDF@maidstone.gov.uk


Contents

1.      Introduction to the Local Development Scheme. 4

What is the Local Development Scheme?. 4

The Development Plan. 4

Planning Documents. 5

Maidstone Community Infrastructure Levy. 5

2.      The Local Development Scheme. 7

Review of the Local Development Scheme 2021-2023. 7

Local Development Scheme 2021-2024. 8

Monitoring and Review.. 9

3.      Document Project Plan. 10

Gypsy and Traveller DPD.. 10

Design and Sustainability DPD.. 12

Local Plan Review.. 14

4.      Appendix. 16

Glossary of terms. 16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Introduction to the Local Development Scheme

 

What is the Local Development Scheme?

 

1.1  The government requires local planning authorities to prepare a Local Development Scheme (LDS). The purpose of an LDS includes setting out the timetable for the delivery of Council produced planning policy documents. These are often referred to as Development Plan Documents or Local Plans.

 

1.2  In addition to the Local Plan Review, the Council intends to produce two further Development Plan Documents (DPDs). These are the Gypsy and Traveller DPD and the Design and Sustainability DPD. Both DPDs will affect the whole of Maidstone Borough. This LDS covers the period 2021-2024 and contains a timetable for the delivery of each DPD to inform local people and stakeholders of the key milestones of production.

 

1.3  This LDS replaces the Local Development Scheme 2021-2023 which was approved by Full Council on 14th July 2021.

 

1.4  The Local Development Scheme 2021-2024 was approved by Full Council on 8th December 2021 and came into effect on the same day.

 

The Development Plan

 

1.5  Development Plans are an important part of the English planning system and are needed to guide the local decision-making process for land uses and development proposals. As of 8th December 2021, the Development Plan for Maidstone borough comprises:

 

·         Maidstone Borough Local Plan 2011-2031 and associated Proposals Map (October 2017)

·         Staplehurst Neighbourhood Development Plan 2016-2031 (August 2020)

·         North Loose Neighbourhood Development Plan 2015-2031 (April 2016)

·         Loose Neighbourhood Development Plan 2018-2031 (September 2019)

·         Marden Neighbourhood Development Plan 2017-2031 (July 2020)

·         Lenham Neighbourhood Plan 2017 – 2031 (July 2021)

·         Boughton Monchelsea Neighbourhood Plan (July 2021)

·         Otham Neighbourhood Plan 2020 – 2035 (September 2021)

·         Kent Minerals and Waste Local Plan 2013-2030 (September 2020)

1.6  Further information regarding each of these documents is provided below.

 

1.7  The Maidstone Borough Local Plan sets out the framework for development within the Borough until 2031. It includes a spatial vision, objectives and key policies. It also includes an associated

‘Policies Map’ that sets out the geographical extent of key designations and site specific proposals set out in the local plan. Maidstone has an on-line policies map that can be accessed through its website. The Maidstone Borough Local Plan plays a key part in delivering Maidstone Council's Strategic Plan. The Maidstone Borough Local Plan was found sound following independent examination and was adopted by Full Council on 25 October 2017. The Maidstone Borough Local Plan contains Policy LPR1 ‘Review of the Local Plan’. This requires a review of the local plan to ensure that the plan continues to be up to date. Policy LPR1 outlines matters which may be addressed by the review. Key considerations are the need to maintain and enhance the natural and built environment; and improve air quality.

 

1.8  Neighbourhood Development Plans are prepared by Parish Councils or Neighbourhood Forums, and the plans are subject to consultation, independent examination and referendum. The plans must be in general conformity with the strategic policies of the adopted local plan and should have regard to any emerging Local Plan. A neighbourhood area has to be designated for a Neighbourhood Development Plan to be produced. In total, 15 Parish Councils and 1 Neighbourhood Forum have designated Neighbourhood Areas. To date, seven Neighbourhood Development Plans have been made and a number of Neighbourhood Development Plans are at various stages of preparation.

 

1.9  The Kent Mineral Sites Plan and the Early Partial Review of the Kent Minerals and Waste Local Plan and was produced by Kent County Council and covers the whole county. Both plans were adopted in September 2020 and describes:

 

·         'The overarching strategy and planning policies for mineral extraction, importation and recycling, and the waste management for all waste streams that are generated or managed in Kent, and

·         The spatial implications of economic, social and environmental change in relation to strategic minerals and waste planning.'

 

Planning Documents

 

1.10             In addition to the above components of the Development Plan, there are other key planning documents that the Council produces. These include:

 

·         Supplementary Planning Documents – these set out further information, interpretation or clarification regarding existing planning policies and are produced and adopted by the Council in accordance with government legislative requirements

·         Planning policy guidance documents – these set out further information, interpretation or clarification regarding existing planning policies but have not been produced to meet government Supplementary Planning Document requirements

·         Statement of Community Involvement – a procedural document that sets out the methods for consultation and engagement with the public and stakeholders. This includes consultation and engagement during the production of Local Plans, the production of Neighbourhood Development Plans, and the Development Management process.

·         Authority Monitoring Reports – a procedural document, produced on an annual basis that

monitors the performance of Maidstone’s Local Plan and its policies.

 

Maidstone Community Infrastructure Levy

 

1.11  The Community Infrastructure Levy (CIL) is a charge on specific new developments towards the provision of infrastructure. The Maidstone CIL Charging Schedule was adopted by Full Council on 25 October 2017, following examination in June 2017. The Maidstone CIL took effect on 1 October 2018.

 

1.12  The Charging Schedule sets out the charging rates for development in Maidstone Borough, including the types of development that are required to pay the Levy and where the proposed rates will apply. The CIL Charging Schedule was developed alongside the Maidstone Borough Local Plan, and the evidence base for infrastructure, planning, affordable housing requirements and development viability supported both the Maidstone CIL and Maidstone Borough Local Plan.

 

1.13  The infrastructure schemes and/or types of infrastructure that may be funded by Maidstone CIL are set out in an Infrastructure List contained in the  Infrastructure Funding Statement, published on the website. In addition, Section 106 planning agreements, which are negotiated with developers to secure infrastructure funding, will continue to play a significant role in securing site related infrastructure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.  The Local Development Scheme

 

Review of the Local Development Scheme 2021-2023

 

2.1  There have been changes to the work programme, with the addition of two standalone Development Plan Documents (DPDs), in addition to the Local Plan Review. The DPDs will sit alongside the Local Plan Review. The need for each of the new DPDs is explored below.

 

2.2  Gypsy and Traveller DPD: A new Gypsy and Traveller Accommodation Assessment (GTAA) is being produced and will outline the current and future need for gypsy, traveller and travelling showpeople provision for Maidstone Borough until 2037. Owing to the COVID 19 lockdowns and the subsequent public health advice, the new assessment has been delayed. In the meantime, discussions with the consultants undertaking the assessment have indicated that there will be a significant need for new pitches in Maidstone Borough, over the plan period.

 

2.3  The Local Plan Review Call for Sites exercise invited the submission of Gypsy, Traveller and Travelling Showpeople sites, however, only a small number were put forward for inclusion in the plan. As a consequence, Maidstone is facing a significant need for new pitches.

 

2.4  On the basis that the GTAA has not been completed and there will be a likely significant need for pitches, the most appropriate course of action is to undertake a separate Gypsy, Traveller and Travelling Showpeople DPD. This will be informed by the outcome of a Pitch Deliverability Assessment (to assess what proportion of the need can be met on existing sites through intensification or expansion) and if necessary, a targeted Call for Sites exercise to identify potential new sites so the needs of the community can be adequately and appropriately addressed and appropriate engagement can take place.

 

2.5  Design and Sustainability DPD: The Local Plan Review contains a suite of policies specifically addressing matters of design and sustainability.  Recent shifts in local and national agendas have placed a greater degree of focus on how the plan can respond to the current climate and biodiversity crises. At the Strategic Planning and Infrastructure Committee on the 21st September 2021, the Council resolved to prepare a DPD reinforced by appropriate evidence to support the Local Plan Review through the strengthening of the council’s design and sustainability focused policies. The DPD will sit alongside and build on the policies in the Local Plan Review and will provide the basis for Development Management decision making.  The DPD will be informed by the preparation of suitable evidence to justify and the adoption of higher design and sustainability standards where these can be achieved.

 

2.6  Local Plan Review: There has been no change in circumstances regarding the scope and timetable for production of the Local Plan Review since the previous version of the Local Development Scheme came into effect on 14th July 2021.  

 

2.7  A timetable for the implementation of the Gypsy and Traveller DPD and the Design and Sustainability DPD, in addition to the Local Plan Review follows.

 

 

 

Local Development Scheme 2021-2024

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2.1 Delivery timetable

 

Monitoring and Review

 

2.8  Gypsy and Traveller DPD: The Council are creating an evidence base to ensure it has sufficient social, environmental, economic and physical information to inform the Gypsy and Traveller DPD. The DPD will explain how its policies will be delivered and implemented and identify performance indicators against which the success of policies will be monitored. These performance indicators will be monitored through annual Authority Monitoring Reports. The Council will monitor and review progress of delivery of this Gypsy and Traveller DPD against this LDS document.

 

2.9  Design and Sustainability DPD: The Council are creating an evidence base to ensure it has sufficient social, environmental, economic and physical information to inform the Design and Sustainability DPD. The DPD will explain how its policies will be delivered and implemented and identify performance indicators against which the success of policies will be monitored. These performance indicators will be monitored through annual Authority Monitoring Reports. The Council will monitor and review progress of delivery of this Design and Sustainability DPD against this LDS document.

 

2.10             Local Plan Review: The Council is creating an evidence base to ensure it has sufficient social, environmental, economic and physical information to inform the review of the local plan. The adopted local plan explains how its policies will be delivered and implemented, and identifies performance indicators against which the success of policies is monitored. The performance indicators will be monitored through annual Authority Monitoring Reports, and the Council will monitor and review progress against the LDS programme in this document.

 


3.  Document Project Plan

 

Gypsy and Traveller DPD

 

Gypsy and Traveller DPD

Subject/content

The Local Plan Review contains a suite of policies specifically addressing matters of Gypsy and Traveller accommodation and future need. The GTAA recommends that allocations can be used to meet the need from those who met the planning definition. A large proportion of the need is unknown based on modelled local need and the assessment outlines that this need can be dealt with by a criteria-based policy. A standalone DPD is to be prepared.

The DPD will sit alongside and build on the policies in the Local Plan Review and will provide the basis for Development Management decision making.  The DPD will be informed by the preparation of suitable evidence.

 

Matters to be reviewed include:

·         New site allocations to meet the need

·         Update to DM policies from adopted Maidstone Borough Local Plan and Maidstone Local Plan Review including outbuildings and day rooms (only needed if emerging guidance changes)

·         Incorporate existing allocations

·         Non-planning definition Gypsies accommodation

Status

Local Plan

Coverage

Maidstone Borough

Chain of Conformity –

national

Central government policy and guidance, including the National Planning

Policy Framework, National Planning Practice Guidance, Planning policy for traveller sites (2015) and the Town and Country Planning (Local Planning) (England) Regulations 2012.

Chain of Conformity –

local

Regard to the Council’s Plans and Strategies, including the Strategic Plan,

Economic Development Strategy and Housing Strategy. Also have regard to the Climate Change and Biodiversity Strategy and Action Plan.

 

The LPR will need to take into account the policies within neighbourhood plans:

North Loose Neighbourhood Plan 2015 – 2031 (2016)

Staplehurst Neighbourhood Plan 2016 – 2031 (2020)

Loose Neighbourhood Plan 2018 – 2031 (2019)

Marden Neighbourhood Plan 2017 – 2031 (2020)

Lenham Neighbourhood Plan 2017 – 2031 (2021)

Boughton Monchelsea Neighbourhood Plan (2021)

Otham Neighbourhood Plan (2021)

Policies Map

A new policies map is to be created

Timetable

 

Sustainability

Appraisal

Relevant appraisals and assessment will be carried out throughout the preparation of the DPD

Evidence gathering

January 2021 to January 2023

Call for Sites

February to March 2022

Scope and matters and preferred approaches consultation

(Regulation 18)

February to March 2023

Draft DPD

consultation (Regulation 19)

August to September 2023

Submission (Regulation 22)

February to March 2024

Examination hearing sessions (Regulation

24)

May to June 2024

Main Modification Consultation

August to September 2024

Adoption – Full Council (Regulation

26)

November to December 2024

Arrangements for

Production

 

Internal Partners

Key internal partners include relevant service areas within the Council, Chief Executive; Corporate Leadership Team; and Strategic Planning and

Infrastructure Committee.

External Partners

Key external partners include specific and general consultation bodies

(including parish councils and neighbourhood forums), local stakeholder groups, hard to reach groups and the local community.

External Resources

Kent County Council, Highways England, infrastructure providers, the Homes England, and use of external consultants to provide evidence (as

required).

  

Table 3.1 Project Plan for the Gypsy and Traveller DPD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Design and Sustainability DPD

 

Design and Sustainability DPD

Subject/content

The Local Plan Review contains a suite of policies specifically addressing matters of design and sustainability.  At the Strategic Planning and Infrastructure Committee on the 21st September 2021, the Council resolved to prepare a DPD reinforced by appropriate evidence to support the Local Plan Review through the strengthening of the council’s design and sustainability focused policies.

The DPD will sit alongside and build on the policies in the Local Plan Review and will provide the basis for Development Management decision making.  The DPD will be informed by the preparation of suitable evidence to justify and the adoption of higher design and sustainability standards where these can be achieved.  

 

The DPD will specifically cover matters in relation to:

·         Water efficiency

·         Low carbon energy

·         Sustainable buildings

·         Building design

·         Biodiversity and landscaping

·         Open space provision

·         Sustainable connectivity

·         Internal space standards

·         Lighting

Status

Local Plan

Coverage

Maidstone Borough

Chain of Conformity –

national

Central government policy and guidance, including the National Planning

Policy Framework, National Planning Practice Guidance, Planning policy for traveller sites (2015) and the Town and Country Planning (Local Planning) (England) Regulations 2012.

Chain of Conformity –

local

Regard to the Council’s Plans and Strategies, including the Strategic Plan,

Economic Development Strategy and Housing Strategy. Also have regard to the Climate Change and Biodiversity Strategy and Action Plan.

 

The LPR will need to take into account the policies within neighbourhood plans:

North Loose Neighbourhood Plan 2015 – 2031 (2016)

Staplehurst Neighbourhood Plan 2016 – 2031 (2020)

Loose Neighbourhood Plan 2018 – 2031 (2019)

Marden Neighbourhood Plan 2017 – 2031 (2020)

Lenham Neighbourhood Plan 2017 – 2031 (2021)

Boughton Monchelsea Neighbourhood Plan (2021)

Otham Neighbourhood Plan (2021)

Policies Map

A new policies map is to be created

Timetable

 

Sustainability

Appraisal

Relevant appraisals and assessment will be carried out throughout the preparation of the DPD

Evidence gathering

January 2021 to January 2023

Scope and matters consultation

(Regulation 18a)

April to May 2022

Preferred approaches consultation

(Regulation 18b)

February to March 2023

Draft DPD

consultation (Regulation 19)

August to September 2023

Submission (Regulation 22)

February to March 2024

Examination hearing sessions (Regulation

24)

May to June 2024

Main Modification Consultation

August to September 2024

Adoption – Full Council (Regulation

26)

November to December 2024

Arrangements for

Production

 

Internal Partners

Key internal partners include relevant service areas within the Council, Chief Executive; Corporate Leadership Team; and Strategic Planning and

Infrastructure Committee.

External Partners

Key external partners include specific and general consultation bodies

(including parish councils and neighbourhood forums), local stakeholder groups, hard to reach groups and the local community.

External Resources

Kent County Council, Highways England, infrastructure providers, the Homes England, and use of external consultants to provide evidence (as

required).

  

Table 3.2 Project Plan for the Design and Sustainability DPD


 

Local Plan Review

 

Maidstone Local Plan Review

Subject/content

Matters to be reviewed include:

• A review of housing of needs

• The allocation of land at the Invicta Park Barracks broad location

and at the Lenham broad location if the latter has not been

achieved through a Lenham Neighbourhood Plan in the interim

• Identification of additional housing land to maintain supply

towards the end of the plan period and, if required as a result,

consideration of whether the spatial strategy needs to be

amended to accommodate such development

• A review of employment land provision and how to

accommodate any additional employment land needed as a

result

• Whether the case for a Leeds-Langley Relief Road is made, how it

could be funded and whether additional development would be

associated with the road

• Alternatives to such a relief road

• The need for further sustainable transport measures aimed at

encouraging modal shift to reduce congestion and air pollution

• Reconsideration of the approach to the Syngenta and Baltic

Wharf sites if these have not been resolved in the interim

• Extension of the local plan period

Status

Local Plan

Coverage

Maidstone Borough

Chain of Conformity –

national

Central government policy and guidance, including the National Planning

Policy Framework, National Planning Practice Guidance, Planning policy for traveller sites (2015) and the Town and Country Planning (Local Planning) (England) Regulations 2012.

Chain of Conformity –

local

Regard to the Council’s Plans and Strategies, including the Strategic Plan,

Economic Development Strategy and Housing Strategy. Also have regard to the Climate Change and Biodiversity Strategy and Action Plan.

 

The LPR will need to take into account the policies within neighbourhood plans:

North Loose Neighbourhood Plan 2015 – 2031 (2016)

Staplehurst Neighbourhood Plan 2016 – 2031 (2020)

Loose Neighbourhood Plan 2018 – 2031 (2019)

Marden Neighbourhood Plan 2017 – 2031 (2020)

Lenham Neighbourhood Plan 2017 – 2031 (2021)

Boughton Monchelsea Neighbourhood Plan (2021)

Otham Neighbourhood Plan (2021)

Policies Map

To be amended to reflect the policy content of the Local Plan Review

Timetable

 

Sustainability

Appraisal

Relevant appraisals and assessment will be carried out throughout the review of the Maidstone Borough Local Plan

Evidence gathering

June 2018 to September 2021

Submission (Regulation 22)

March 2022

Examination hearing sessions (Regulation

24)

August – September 2022

Main Modification Consultation

November 2022

Adoption – Full Council (Regulation

26)

January 2023

Arrangements for

Production

 

Internal Partners

Key internal partners include relevant service areas within the Council, Chief Executive; Corporate Leadership Team; and Strategic Planning and

Infrastructure Committee.

External Partners

Key external partners include specific and general consultation bodies

(including parish councils and neighbourhood forums), local stakeholder groups, hard to reach groups and the local community.

External Resources

Kent County Council, Highways England, infrastructure providers, the Homes England, and use of external consultants to provide evidence (as

required).

  

Table 3.3 Project Plan for the Maidstone Borough Local Plan Review

                                                          


4.  Appendix

 

Glossary of terms

 

Acronym

Term

Description

AMR

Authority Monitoring Report

A report which is produced annually and monitors the performance against monitoring indicators in the Maidstone

Borough Local Plan.

 

Development Plan

The Development Plan includes adopted local plans/Development Plan Documents and made Neighbourhood Development Plans, and sets a framework for the local decision

making process.

DPD

Development Plan Documents/Local Plans

A DPD/Local Plan is a spatial planning document which sets out the plan for the future development of the local area, drawn up by a local authority in consultation with the community. Once adopted, the local plan becomes part of the Development Plan. The Local Plan does not include SPDs or local Planning Guidance, although these documents are material considerations in the

decision making process.

GTAA

Gypsy and Traveller Accommodation Assessment

The assessment outlines the current and future need for gypsy, traveller and travelling showpeople provision for Maidstone Borough until 2037.

KCC

Kent County Council

The county planning authority, responsible for producing the Kent Minerals and Waste Local Plans, and are the highways

authority.

LDS

Local Development

Scheme

The LDS is a summary business programme and timetable for the production of the local plans and Development Plan Documents.

MBC

Maidstone

Borough Council

The local planning authority responsible for producing the

Borough Local Plan.

NDP

Neighbourhood Development Plan

Neighbourhood Development Plans (also known as neighbourhood plans) are prepared by a parish council or neighbourhood forum for a particular neighbourhood area. Neighbourhood plans must be in conformity with the strategic

policies of the Local Plan and, once made, form part of the Council's Development Plan.

 

Planning Policy Guidance

Additional guidance which provides further detail to policies set out in local plans and is a material consideration in planning decisions but is not part of the local plan or the development plan. If subject to adequate stakeholder and public consultation, guidance can carry commensurate weight with SPDs in the

decision making process.

 

Policies Map

The Policies Map uses an on-line ordnance survey map base to show the spatial extent of all land use policies and proposals, and is updated with each new Local Plan so that it reflects the up-to-

date planning strategy for the borough.

SA

Sustainability Appraisal

The SA is a tool for appraising policies and proposals to ensure they reflect sustainable development objectives, including social, economic and environmental objectives. An SA must be undertaken for all local plans and incorporates a Strategic

Environmental Assessment.

SCI

Statement of Community Involvement

The SCI specifies how the community and stakeholders will be involved in the process of preparing local planning documents, Neighbourhood Development Plans and the Development

Management process.

SEA

Strategic Environmental Assessment

SEA is a generic term used to describe the environmental assessment of policies, plans and programmes. The European SEA Directive requires a formal environmental assessment of certain plans and programmes, including those in the field of

planning and land use.

SoS

Secretary of State

Secretary of State for Housing, Communities and Local

Government.

SPD

Supplementary Planning Document

An SPD provides further detail to policies set out in local plans. SPDs are a material consideration in the decision making process but are not part of the Development Plan or the Local Plan. They

follow a statutory production and consultation process.

 

Table 4.1 Glossary of terms