Issue - meetings

Consideration of the recommendations of the extraordinary meeting of Housing and Planning Scrutiny Select Committee in respect of the Borough Council’s response to the Government’s National Planning Policy Framework: proposed reforms and other changes to the planning system.

Recommendations are ‘to follow’ and will be circulated in advance of the meeting.

Consideration was given to the recommendations of the Housing and Planning Scrutiny Committee in respect of the Borough Council’s response to proposed reforms to the National Planning Policy Framework (NPPF) and other changes to the planning system.  A draft response was attached at Annex 1.

Due regard was given to the views of the Committee, the financial and value for money considerations, assessment of risk and the legal implications.

Particular reference was made to better decision-making on contaminated land (166) and Cllr Taylor proposed a further amendment to strengthen and emphasise the role of the developer in remediation.  For example:

(i)              This includes the requirement that responsibility for securing a safe development principally rests with the developer and/or landowner where a site is affected by contamination or land stability issues.  The role of the Local Planning Authority is to monitor and approve.

This amendment was seconded by Cllr Boughton and supported by the Cabinet, subject to further consultation with the Director of Planning, Housing and Regulatory Services.

A further minor correction was also identified at (145) on page 40 of Annex 1 and this had been drawn to the attention of Officers.

In recognition that the Borough Council had to submit a response to the consultation by the deadline of 10 March 2026, Cllr Taylor proposed, Cllr Boughton seconded and Cabinet

RESOLVED:  That

(1)            the contents of the report be noted;

(2)            the Tonbridge and Malling Borough Council response to the Government’s National Planning Policy Framework: Proposed reforms and other changes to the planning system be approved;

(3)            delegated authority be given to the Director of Planning, Housing and Regulatory Services, in consultation with the Leader of the Borough Council and the Cabinet Member of Planning, to make any necessary minor changes to the Borough Council’s response before submission.

(Decision Notice D260017CAB)

Consideration was given to the recommendations of the Housing and Planning Scrutiny Committee in respect of the Borough Council’s response to proposed reforms to the National Planning Policy Framework (NPPF) and other changes to the planning system.  A draft response was attached at Annex 1.

Due regard was given to the views of the Committee, the financial and value for money considerations, assessment of risk and the legal implications.

Particular reference was made to better decision-making on contaminated land (166) and Cllr Taylor proposed a further amendment to strengthen and emphasise the role of the developer in remediation.  For example:

(i)              This includes the requirement that responsibility for securing a safe development principally rests with the developer and/or landowner where a site is affected by contamination or land stability issues.  The role of the Local Planning Authority is to monitor and approve.

This amendment was seconded by Cllr Boughton and supported by the Cabinet, subject to further consultation with the Director of Planning, Housing and Regulatory Services.

A further minor correction was also identified at (145) on page 40 of Annex 1 and this had been drawn to the attention of Officers.

In recognition that the Borough Council had to submit a response to the consultation by the deadline of 10 March 2026, Cllr Taylor proposed, Cllr Boughton seconded and Cabinet

RESOLVED:  That

(1)            the contents of the report be noted;

(2)            the Tonbridge and Malling Borough Council response to the Government’s National Planning Policy Framework: Proposed reforms and other changes to the planning system be approved;

(3)            delegated authority be given to the Director of Planning, Housing and Regulatory Services, in consultation with the Leader of the Borough Council and the Cabinet Member of Planning, to make any necessary minor changes to the Borough Council’s response before submission.

Members are asked to approve the Borough Council’s response to the Government’s National Planning Policy Framework: proposed reforms and other changes to the planning system.

The Government intended to reform the plan-making system under the Levelling Up and Regeneration Act (LURA) 2023.  A consultation on the revised National Planning Policy Framework (NPPF) and related reforms, including data centres, on-site energy generation, standardised viability assessment inputs, and site thresholds was open from 16 December 2025 to 10 March 2026.  The Government would publish an update after analysing responses, which was expected to be in Summer 2026. 

The revisions proposed as part of the consultation sought to progress significant structural improvements to the Framework, introducing a clear set of separate policies for both plan making and decision making, the aim of which was to achieve three main objectives:

·       To ensure that national policy was accessible and understandable for everyone who used it;

·       To establish a comprehensive suite of national policies on general planning matters which would apply across the country; and

·       To make the policy more ‘rules-based’ and certain.

The consultation document was split into chapters that generally aligned to the chapters provided in the draft NPPF.  In terms of the implementation for the transitional phase, the consultation confirmed that for decision making that the NPPF be a material consideration from the date of publication. The new NPPF would apply to new style local plans that would be produced through the new system under the Planning and Infrastructure Act.  The new NPPF would therefore not apply to the local plan currently being progressed by Tonbridge and Malling Borough Council.  The consultation noted that inconsistencies with development plans would fall away over time as new development plans were adopted that did not duplicate, replicate or modify NPPF policies.  For decision making, due weight should be given to development plan policies in relation to their consistency with the Framework.  Where these were inconsistent, little weight should be afforded, except where a Plan had been examined against the new Framework. 

The consultation also proposed a number of substantive reforms to unlock more homes in the right place and further support the commercial development needed to drive growth.  The following significant reforms were proposed in the consultation:

·       Permanent presumption in favour of suitably located development

·       Building homes around stations

·       Driving urban and suburban densification

·       Securing a diverse mix of homes

·       Supporting small and medium sites 

·       Streamlining local standards

·       Boosting local and regional economies

·       Supporting critical and growth materials

·       Embedding vision led approach to transport

·       Better addressing climate change

·       Serving and enhancing natural environment

·       Taking a more positive approach to heritage assets.

Members reviewed the Borough Council’s response to the consultation attached at Annex 1 to the report and a number of amendments, corrections and points of clarification were suggested.  Attention was also brought to the Risk Assessment at Annex 2 to the report.  

There was also detailed discussion in respect of securing clean energy and water, in particular the approach to planning for energy and water infrastructure in policy W1.  Members expressed concern regarding household access to clean water as well as highlighting specific issues related to waste-water management.  Members requested  ...  view the full minutes text for item 3