Policy information sourced from the Maidstone Borough Council Local Plan 2021-2038

LPRSP13: Infrastructure Delivery.

1. Where development creates a requirement for new or improved infrastructure beyond existing provision, developers will be expected to provide or contribute towards the additional requirement being provided to an agreed delivery programme. In certain circumstances where proven necessary, the council may require that infrastructure is delivered ahead of the development being occupied.

2. Detailed specifications of the site-specific contributions required are included in the site allocation policies (these are not exhaustive lists). Development proposals should seek to make provision for all the land required to accommodate any additional infrastructure arising from that development. Dedicated Planning Agreements (Section 106 of the Town and Country Planning Act, 1990) will be used to provide a range of site- specific mitigation, in accordance with the Section 106 tests, which will normally be provided on site but may where appropriate be provided in an off-site location or via an in-lieu financial contribution. In some cases, separate agreements with utility providers may be required. Where necessary S278 agreements will be used to secure mitigation in connection with the Strategic Road Network.

3. Where developers consider that providing or contributing towards the infrastructure requirement would have serious implications for the viability of a development, the council will require an “open book” approach and, where necessary, will operate the policy flexibly.

4. Where there are competing demands for contributions towards the delivery of infrastructure, secured through Section 106 legal agreements, the council will prioritise these demands in the manner listed below:

  • Infrastructure priorities for residential development:
    • i. Affordable housing;
    • ii. Transport;
    • iii. Open space;
    • iv. Education;
    • v. Health;
    • vi. Community facilities;
    • vii. Public realm;
    • viii.Waste management;
    • ix. Public services; and
    • x. Libraries.
  • Infrastructure priorities for business and retail development:
    • i. Transport;
    • ii. Public realm;
    • iii. Open space; and
    • iv. Education/ skills.

5. This list serves as a guide to the council’s prioritisation process, although it is recognised that each site and development proposal will bring with it its own issues that could mean an alternate prioritisation is used that includes priorities not listed above from other infrastructure providers.

6. The Community Infrastructure Levy will continue to be used to secure contributions to help fund the strategic infrastructure needed to support the sustainable growth proposed in Maidstone borough set out in the Infrastructure Delivery Plan and Infrastructure Funding Statement. The CIL rate will be reviewed to reflect latest changes in development costs and land/floorspace values across the borough in line with viability evidence and the proposals contained within this plan.

7. Infrastructure schemes that are brought forward by service providers will be encouraged and supported, where they are in accordance with other policies in the Local Plan Review. New residential and commercial development will be supported if sufficient infrastructure capacity is either available or can be provided in time to serve it.

8. Open space development will be expected to be delivered meeting the following criteria:

  • Development which contributes to the creation of, or enhancement of the existing fabric of open spaces within the borough will be supported;
  • All new development should make a contribution, either on site, or where not feasible, off-site to improving the borough’s open spaces;
  • On some strategic sites, open space will be allocated as a part of the land uses required within the site allocation;
  • Existing local open spaces fitting the definition in NPPF Para 103 will be protected;
  • Unless stated in a site allocation, new developments should make a contribution towards increasing and improving open space as set out in LPRINF1.

9. The council will investigate the need for an infrastructure guidance document in order to support the delivery of infrastructure in the Borough.

10. The council will continue to explore the funding and delivery of a Leeds-Langley Relief Road and associated enabling development.

For more information, please visit Maidstone’s Local Plan Maidstone Borough Council Local Plan 2021-2038