Purpose

To seek approval of the Council’s response to the Swale Borough Council Local Plan Review Regulation 19 Consultation.  

Decision

That Maidstone Borough Council’s draft response to the Swale Borough Council Local Plan Review Regulation 19 consultation (Appendix 1 of the report) be agreed and submitted to Swale Borough Council, ahead of the 21 September 2026 deadline.

Reasons for the decision

Swale Borough Council (SBC) is undertaking a Local Plan Review under the current Planning and Compulsory Purchase Act (2004), as amended, also known as the legacy system. It is intended that this Plan, once adopted, will supersede their existing Local Plan ‘Bearing Fruits 2031’. The Local Plan Review is intended to cover the period up to 2042.
 

SBC previously consulted on an early-stage Regulation 18 Local Plan Review in January/February of this year. Maidstone Borough council’s response was agreed by Cabinet on 11 February 2026 and duly submitted thereafter (see background documents).
 

SBC is now carrying out a six-week public consultation on its proposed submission Local Plan Review, which is titled ‘Swale Borough Council – Local Plan Review (Regulation 19)’. This is being conducted in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012, as amended.
 

The Regulation 19 consultation is the final formal public consultation on a Local Plan before it is submitted to the Government for independent examination. At this stage, SBC is not seeking general comments on planning issues, but views on whether their Plan is legally compliant and "sound" (i.e. whether it has been properly prepared, is supported by evidence, is deliverable and is consistent with national policy). The representations received are then submitted to the Planning Inspector and form part of the evidence considered during the Examination in Public.

Local Plan Review content

The proposed submission plan contains a Vision and Objectives for the borough, along with a spatial strategy, strategic policies, site allocations and development management policies. The plan seeks to meet identified development needs including 17,024 new homes (1,064 per annum), 114 Gypsy and Traveller pitches and 73ha of B Use Class employment land.
 

In summary, there are 12 strategic policies, 48 site allocation policies and 48 development management (DM) policies.
 

The site allocation policies are grouped together by theme as follows:

•  Regeneration Areas (15 policies)

•  Strategic sites (2 policies)

•  Housing (including Gypsy and Traveller accommodation) (17 policies)

•  Employment (12 policies)

•  Areas of safeguarded search (1 policy)

•  Sites in Neighbourhood Plans (1 policy)

The DM policies are grouped together by theme, as follows:

•  General development management criteria (1 policy)

•  Good design (3 policies)

•  Housing (10 policies)

•  Economic development (4 policies)

•  Infrastructure (4 policies)

•  Climate change, pollution and the water environment (12 policies)

•  Biodiversity and landscapes (9 policies)

•  Historic environment (5 policies)

Several evidence base documents are published to support the Regulation 19 proposed submission Local Plan Review, including a Sustainability Appraisal, Habitats Regulation Assessment and Infrastructure Delivery Plan. Further information about the consultation and links to view the documents are available on SBC’s website: https://swale.gov.uk/planning-and-regeneration/local-plans/local-plan-review-evidence#h2
 

Unlike the previous consultation document, the proposed submission Local Plan Review does not contain a series of questions throughout. Rather, there is a standard submission form where comments can be submitted related to a specific policy, paragraph or map reference.
 

The plan will be examined against the 4 tests of soundness outlined in the NPPF (December 2024) paragraph 36 (a-d). These are:

•  Positively prepared – meeting needs

•  Consistent with National Policy – set out in the National Planning Policy Framework

•  Effective – deliverable based on effective joint working

•  Justified – tested against reasonable alternatives

It should be noted that a new NPPF was published by MHCLG on 17 August 2026. For the purposes of decision-making, the policies in the new NPPF are material considerations with immediate effect. For plan-making, however, plans being produced in accordance with the December 2024 NPPF (as is the case for Swale) will continue to apply the December 2024 NPPF policies.

Summary of response

Maidstone Borough Council’s proposed response is set out in full in Appendix 1 of the report, however, below is a summary of the main points:
 

•  Overall, the plan’s vision, objectives, spatial strategy, allocations and development management policies are broadly supported.
 

•  The use of a justified Settlement Strategy seeks to ensure that development is sustainably located. This approach is supported by MBC and considered to be sound.
 

•  The Sustainability Appraisal and Habitats Regulation Assessment are considered to be sound. The HRA appropriately addresses the North Downs Woodlands SAC. However, it is noted that there is a reference to Maidstone’s 2017 Local Plan as opposed to the 2024 Local Plan Review. This is a minor technical point, and not a matter of soundness or legal compliance.

•  With regard to the Infrastructure Delivery Plan (IDP), it appears to be incomplete. Specifically in relation to transport there is no acknowledgement of the need for mitigation schemes. This is an odd omission considering the level of growth proposed. Other strategies such as the Kent Cycling and Walking Improvement Plan have proposed interventions like active travel route 14 Maidstone to Sittingbourne, which appear to be missing from the IDP.

•  The published transport modelling appears to have only reached forecast stage and therefore no mitigation has yet been developed. As such, officers consider this to be inconsistent with national policy (particularly NPPF (2024) para 16c) and therefore failing the test of soundness.

•  Generally with the Plan, as well as specifically within the Duty to Cooperate statement, MBC would like to see reference to ensuring landscape and biodiversity connectivity across the Swale / Maidstone boundary utilising the LNRS, Kent Downs National Landscape and linear features such as chalk streams and roads as appropriate.
 

Next steps

Should PAC recommend MBC’s response to Cabinet for agreement, the next steps will be for officers to submit the response to SBC within the deadline of 21 September 2026. MBC’s comments will then be taken into consideration by SBC and will be submitted to the Secretary of State to be considered by the appointed Planning Inspector as part of the Examination in Public.

With regard to SBC’s Local Plan Review, the next steps and timetable are set out in their adopted Local Development Scheme (LDS). The LDS indicates that submission of the Local Plan Review will take place between October to December 2026, examination in April to June 2027, with adoption expected October to December 2027. These dates are reliant upon the availability of the Planning Inspectorate.

Consultation with Policy Advisory Committees

The report was considered and supported by the Planning and Healthier Stronger Communities Policy Advisory Committee at its meeting on 2 September 2026.

Alternative options considered

Option 2: The response set out in Appendix 1 be agreed, with suggested changes. This would demonstrate the Council’s ongoing commitment to effective strategic engagement with neighbouring authorities.

This option was not chosen as Cabinet were satisfied with the response to the consultation as set out in Appendix 1 of the report.

Option 3: No response is submitted to Swale Borough Council Regulation 19 consultation.

This option was not chosen as it would mean that the Council’s views on the Regulation 19 consultation would not be duly submitted for consideration by the Planning Inspector as part of the Local Plan examination. It may also compromise the Council’s ability to demonstrate ongoing commitment to effective strategic engagement with neighbouring authorities.