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Development & Conservation Advisory Committee - Thursday, 5th December, 2024 7.00 pm
December 5, 2024 View on council websiteSummary
This meeting included discussion on a wide range of budget, planning and community infrastructure matters. The most significant topic scheduled for discussion was whether to support the recommendation to progress the Fawkham Neighbourhood Plan to a referendum in January or February of 2025. The second most significant topic scheduled for discussion was the prioritisation of infrastructure projects for funding from the Community Infrastructure Levy (CIL) and Section 106 payments. In addition to these matters, there was scheduled discussion about updates to the Sevenoaks Local Plan and the governance of the CIL spending board.
Fawkham Neighbourhood Plan
The Committee was asked to consider whether to support the recommendation that the Fawkham Neighbourhood Plan be put to a referendum in January or February of 2025.
The meeting report pack contained a report titled ‘07 - DCAC Report - Fawkham NP 5 December 2024’. This report explains that the Fawkham Neighbourhood Plan was submitted to Sevenoaks Council on 10 April 2024 by Fawkham Parish Council. The plan covers the period 2023-2040 and sets out planning policies that seek to retain and enhance the rural character of the Parish, sustain the local economy and retain and enhance the community facilities of the Parish. Following its submission, the plan was independently examined by Mr Derek Stebbing BA (Hons) DipEP MRTPI, an independent planning inspector.
The independent examiner's report, ‘07 - Appendix A - Examiners Final Report on the Fawkham Neighbourhood Plan’, recommended that the plan, subject to some modifications, be put to a referendum.
From my examination of the Fawkham Neighbourhood Plan (the Plan) and its supporting documentation including the representations made, I have concluded that subject to the modifications set out in the Appendix to this report, the Plan meets the Basic Conditions.
The examiner recommended 16 modifications to the plan, which included updating a number of policies to incorporate specific wording amendments, the removal of Policy FNP15 regarding car parking at Small Grains, and some minor text amendments.
A modified version of the plan, incorporating the examiner's recommended changes, was included in the report pack, in a document titled ‘07 - Appendix B - Fawkham Neighbourhood Plan 2023-2040 Referendum Version’. A list of the amendments that were made to create this version was contained in the document ‘07 - Appendix C - Fawkham NP - Schedule of Amendments’.
The independent examiner concluded that the referendum should not extend beyond the Neighbourhood Area and that the referendum should ask the following question:
“Do you want Sevenoaks District Council to use the Fawkham Neighbourhood Plan to help it decide planning applications in the Fawkham neighbourhood area?”
The committee report recommends that the modified Fawkham Neighbourhood Plan be approved, that a decision statement be made that details the intention to proceed with a referendum, and that a referendum take place on a date to be arranged. In the event that the referendum outcome is positive, the report recommends that the plan be formally adopted by the Council. A draft decision statement was included in the document titled ‘07 - Appendix D - Draft Decision Statement’.
Infrastructure Funding Statement - Priorities
The meeting report pack contained a report titled ‘08 - IFS Priorities - Final report for DCAC December 2024’, which explains that Sevenoaks Council is required to produce an Infrastructure Funding Statement (IFS) each year. This document reports on the Council’s spending of the Community Infrastructure Levy (CIL) and Section 106 payments1. The IFS also identifies priority infrastructure projects for funding. The IFS is used to provide transparency for developers and the community about how the Council intends to spend money raised through these developer contributions.
The report details how the Council has spent CIL and Section 106 money to date. The vast majority of Section 106 money received by the council has been allocated to the provision of affordable housing. The largest allocation of CIL funding has been made to community facilities, with health and social care receiving the second largest allocation.
The report explains that the process for prioritising infrastructure projects for funding in the IFS was last reviewed in December 2023. That review agreed that infrastructure projects should be prioritised for funding if they met the following criteria:
- The project supports and is clearly related to proposed site allocations or new development in the District. There is a strong link between development and the proposed project.
- There is a strong social, environmental or economic justification for the proposed project.
- The project has not previously received CIL funding.
- The project has support from infrastructure providers.
- There is an existing need for the project, or it will be expected to be delivered within the next 5 years.
- That it is identified as having a critical or high need, where the project has to be delivered to support new development.
- There are no significant issues with funding or landownership.
- Where there is a clear plan as to how the project would be funded.
The report recommends that these criteria remain, and recommends that the following infrastructure projects continue to be prioritised:
- The Upper Darent Flood Alleviation scheme;
- Transport improvement measures in Swanley;
- Improvements to the junction of the M25 and Crockenhill Lane in Swanley, to improve accessibility for pedestrians, cyclists and buses;
- Improvements to bus services in and around Swanley;
- Junction improvements in Edenbridge;
- Sustainable transport improvements in Edenbridge;
- Water supply upgrades in Badgers Mount;
- Water supply upgrades in Swanley;
- Improvements to clean water and sewerage network capacity in Edenbridge;
- Additional GP capacity in Sevenoaks;
- Additional GP capacity in Swanley, and other community based healthcare services;
- Potential requirements for additional GP capacity in Westerham, West Kingsdown and New Ash Green / Hartley;
- Increased capacity for Otford Health Services, in relation to development at Fort Halstead;
- A new 3FE primary school in Sevenoaks;
- Two new 5FE secondary schools in either Pedham Place or Edenbridge;
- A new 3FE primary school in Pedham Place;
- Expansion of existing primary schools in and around Edenbridge;
- Expansion of the existing primary school in West Kingsdown;
- Infrastructure proposals that seek to improve existing rural broadband services or propose new broadband infrastructure in rural areas.
Community Infrastructure Levy (CIL) Spending Board - Governance and Social Value Review
The meeting report pack contains a report titled ‘09 - CIL governance and social value review’. This report explains that the Council is required to review the governance of the Community Infrastructure Levy (CIL) Spending Board on a regular basis. This review considers changes in CIL legislation, changes put in place since the last review, how social value can be incorporated into the CIL Spending Board process, and suggested improvements to the current process.
The report explains that there have been no changes to CIL legislation since 2019. The report goes on to explain that the last review of the CIL governance arrangements took place in November 2021. That review agreed to a number of changes to the way the CIL Spending Board operates. These included:
- That 15% of the CIL money allocated to the CIL Spending Board be set aside to spend outside of the timescales of the CIL Spending Board, subject to meeting a set of strict criteria;
- Changes to the CIL funding application form and assessment criteria to reflect the Council’s commitment to tackling climate change;
- Changes to the CIL funding application form and assessment criteria to record CIL exemptions;
- Clarification on member questions during the CIL Spending Board; and
- Clarification of what happens if Cabinet disagrees with the recommendations of the CIL Spending Board.
The report explains that these changes have all been implemented and have helped to improve the way that the CIL Spending Board works.
The report goes on to consider how social value can be incorporated into the CIL Spending Board process. Social Value is defined by the Council as:
…making a positive impact on people and places across Sevenoaks District and is captured across three themes:
- Social – to support communities, boost health and wellbeing, and reduce health and other avoidable inequalities;
- Economic – to develop a thriving economy that benefits local people, and increase the amount of wealth produced, controlled and invested locally; and
- Environmental – to reduce harm to the environment and develop more sustainable ways of working and living.
The report explains that these themes are already captured by the CIL Spending Board process, but suggests that a quantitative measure of social value would be useful in assessing applications. The report recommends that the Council’s ‘Social Value Engine’ tool be used where appropriate and achievable to measure the social value of infrastructure projects submitted for CIL funding.
Finally, the report recommends that the CIL funding application form be reviewed and made more user friendly. A revised application form was included in the report pack.
Local Plan Update
The meeting report pack contained a report titled ‘06 - Local Plan Update - DCAC’, which explains that the Council is currently preparing a new Local Plan. The report provides an update on the Local Plan, the supporting evidence base, and the next steps.
The report explains that the government is in the process of reviewing the National Planning Policy Framework (NPPF), and that the recent public consultation on proposed changes to the NPPF closed on 24 September 2024. The government is expected to publish a revised NPPF in late 2024 or early 2025. The report explains that the NPPF changes will have to be incorporated into the emerging Sevenoaks Local Plan, but that a number of evidence base studies are already complete.
The report goes on to explain that the government's proposed NPPF changes will impact the way that Green Belt land is allocated for development. The NPPF consultation set out a sequential approach to the release of Green Belt land for development:
- First - previously developed land (PDL) or 'brownfield' within the Green Belt,
- Second - 'grey belt',
- Third - higher performing Green Belt sites where these can be made sustainable (for example land around train stations).
The report explains that the Council is undertaking work to understand the potential contribution of both PDL and ‘grey belt’ land in the District. The Council has received ‘PropTech’ funding from government and has been using ‘Landclan’ software to proactively identify potential Green Belt sites for development. The Council has also commissioned an extension to its Stage 2 Green Belt Assessment to help it identify 'grey belt' land once the government has confirmed the final definition of 'grey belt'.
The report explains that the Council is also reviewing and updating the Sevenoaks Settlement Hierarchy. The Settlement Hierarchy is a key technical study, forming part of the Local Plan evidence base, which helps to assess each of the District’s settlements, taking account of criteria such as population, availability of key services and facilities, and public transport options.
The report then explains that the Council has published some additional transport evidence, which assesses the cumulative impact of proposed development on key roads and junctions, including the Strategic Road Network.
The report also explains that both the Sports Facility Strategy and the Playing Pitch and Outdoor Sports Strategy are now complete. The two strategies contain needs assessment reports that audit the existing provision of facilities and compare these to the existing and future demand, highlighting any quantitative and qualitative deficits. The strategies also contain recommendations about how to address any identified deficits.
The report then goes on to discuss the Landscape and Visual Impact Assessment (LVIA) that has been completed for the Local Plan. The LVIA has assessed the potential site allocations in the Kent Downs National Landscape / Area of Outstanding Natural Beauty (AONB) that were put forward at the last Regulation 18 consultation. The LVIA concluded that Option 2 (development at Pedham Place) would be the least harmful, on the grounds that:
…it is more able to accommodate development of the type proposed due to its land use, character, context and larger size. Furthermore, it provides more opportunity to incorporate extensive mitigation, provide benefits to landscapes and visual amenity and provides more potential to incorporate enhancements.
The report explains that following the government's decision to strengthen the statutory duty on local authorities to conserve and enhance AONBs, the Council will be carefully considering whether to include development in AONBs as part of the emerging Local Plan.
The report then discusses the implications of the Biodiversity Net Gain (BNG) requirements introduced by the government in 2024, explaining that the number of applications that have gone through to determination remains small because there are many exemptions, such as householder applications. It is explained that there is a requirement for BNG to be secured for a period of 30 years, usually via a Section 106 legal agreement or a conservation covenant, but that the main tool currently available is Section 106 legal agreements, because of the limited number of organisations that are able to enter into conservation covenants.
The report goes on to explain that the Strategic Flood Risk Assessment (SFRA) has been updated and the Level 2 SFRA, which considers the flood-related implications of proposed development sites, is close to completion. The Infrastructure Delivery Plan (IDP), is also close to completion, and will, in its final version, contain detailed information about projects, including timescales and indicative costs.
The report explains that Local Cycling and Walking Infrastructure Plans (LCWIPs) have been completed for Sevenoaks and Swanley, and that work has begun on an LCWIP for Edenbridge. The report also explains that construction has started on the Sevenoaks East to West Walking, Wheeling and Cycling Route. Feasibility studies and outline designs for two routes connecting Sevenoaks with Otford are nearing completion. Work has begun on a feasibility study for a walking route connecting Swanley and Hextable.
Finally, the report explains that the Local Plan timetable will be revised to reflect the government’s changes to the NPPF. A new timetable is expected to be published following publication of the revised NPPF, and a further Regulation 18 consultation is likely to take place in 2025. It is expected that the plan will be submitted to the Planning Inspectorate before the end of 2026.
Budget 2025/26
The meeting pack contains a report titled ‘Budget 2025-26 - Dashboards and SCIAs - DCAC’. This report provides an update on the Council’s budget and includes a number of Service Change Impact Assessments (SCIAs). SCIAs are used to assess the financial impact of proposed changes to a service.
The report explains that Sevenoaks Council's financial strategy is based on ‘long-term financial health’ and ‘financial sustainability’. The report outlines the various actions that have been taken to achieve these aims, including the implementation of efficiency initiatives, a significant reduction in ‘back-office’ functions, improved value for money, maximisation of external income, the movement of resources away from ‘low priority services’, and an emphasis on statutory services.
The report goes on to explain that the Council has a 10-year budget and a 4-year savings plan, which are intended to ensure that the Council’s finances are placed on a ‘stable footing’, but also allow for ‘flexibility’ between budget years. The report explains that the council has focused on delivering ‘high-quality services based on members’ priorities and consultation with residents and stakeholders’.
The report explains that the Council’s Corporate Plan 2013-2018 set out an ambition for the Council to become ‘financially self-sufficient’. This ambition was achieved in 2016/17, and the current Council Plan aims to continue with this approach. This means that the Council does not rely on funding from the government to deliver its services.
The report states that the current budget gap is £297,000, but that this position will be reviewed as the budget process progresses, and that there are a number of factors that may change the size of the gap, such as pay awards, the Local Government Finance Settlement, the Council Tax referendum limit, Business Rates Retention, a new leisure contract, potential changes to domestic waste and recycling collection, homelessness, and the ongoing maintenance of council properties, including decarbonisation linked to new EPC standards and regulations coming into force in April 2027.
The report explains that the council aims to ‘continue to provide value for money services to a high standard ensuring that the decisions made lead to an achievable 10-year budget’, and that members will need to consider the impact of proposed changes on ‘service quality, staff and well-being’.
The report concludes by stating that ‘members’ consideration and scrutiny of the relevant services is an essential and key element in the budget process’.
The report is accompanied by a number of appendices. Included in the report pack are these appendices relevant to the Development & Conservation Advisory Committee:
- ‘Budget 2025-26 - DCAC - App A - Service Dashboard’ - This appendix provides a high level overview of the revenue budget and performance indicators for the services covered by the Development & Conservation Advisory Committee.
- ‘Budget 2025-26 - DCAC - App B - Performance Report’ - This appendix provides more detailed information about the performance indicators for the services covered by the Development & Conservation Advisory Committee.
- ‘Budget 2025-26 - DCAC - App C - Budget by service’ - This appendix provides details of the budget for 2024/25 for the services covered by the Development & Conservation Advisory Committee.
- ‘Budget 2025-26 - ALL ACs - App D - Old growth savings’ - This appendix provides a summary of the growth and savings previously approved by the Council.
- ‘Budget 2025-26 - ALL ACs - App E - 10 year budget’ - This appendix sets out the Council’s 10-year budget.
- ‘Budget 2025-26 - ALL ACs - App F - Changes to the 10 year budget’ - This appendix details the changes that have been made to the 10-year budget since the version that was agreed in February 2024.
- Appendix G – New Growth and Savings/additional income items agreed by managers - This appendix sets out new growth and savings items that have been agreed by managers. These include the removal of a temporary growth item for Direct Services, resulting in a saving of £100,000 in 2025/26 and a further £400,000 in later years.
- Appendix H – New Growth and Savings/additional income items proposed - This appendix sets out proposed growth and savings items relating to the Development & Conservation Advisory Committee. A number of SCIA forms relating to these are included in Appendix J.
- Appendix J – Service Change Impact Assessments (SCIAs) - This appendix includes SCIA forms for a number of proposed growth and savings items. These include:
- SCIA R4 - This SCIA considers the impact of a one-off reduction in the income anticipated to be achieved through the Planning Application Fee, and an ongoing increase in the cost of ecology impact work advice from Kent County Council (KCC).
- SCIA R5 - This SCIA considers the impact of an increase in the costs of the Local Development Plan, relating to additional work required due to revisions to the National Planning Policy Framework.
- SCIA R6 - This SCIA considers the impact of an ongoing increase in software costs.
Appendix K of the report is titled ‘Ideas Received from Members’, and lists suggestions that were received from councillors before the deadline for the committee report. There are two ideas included in this appendix:
- Councillor Malone suggested that “Given reduced income/activity levels are there opportunities (i) to reduce staffing levels (or contractor employment) commensurately and/or (ii) to increase pricing for paid services?”
- Councillor Malone also suggested that “Given reduced income levels is there an opportunity to reduce staffing levels commensurately?”
Finally, Appendix L of the report sets out the Council’s Financial Strategy.
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Section 106 of the Town and Country Planning Act 1990 allows a local planning authority to enter into a legally binding agreement with a developer. The agreement is usually used to mitigate the impact of a development, such as by providing affordable housing or improving local infrastructure. ↩
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