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

LPRSP14(A): Natural Environment.

1. To enable Maidstone borough to retain a high quality of living, protect and enhance the environment, and to be able to respond to the effects of climate change, developers will ensure that new development incorporates measures where appropriate to:

  • Deliver a minimum 20% biodiversity net gain on new residential development, having regard to Biodiversity Opportunity Areas and/or Nature Recovery Networks. Biodiversity net gain should be calculated in accordance with the latest Natural England/DEFRA biodiversity metric or equivalent. Where 20% biodiversity net gain is demonstrated not to be financially viable, together with other policy costs, then the statutory minimum net gain provision will be secured;
  • Protect positive landscape character, including Landscapes of Local Value, areas of Ancient Woodland, veteran trees, trees with significant amenity value, important hedgerows, features of biological or geological interest, ecosystem services and the existing public rights of way network from inappropriate development and avoid significant adverse impacts as a result of development through the provision of adequate buffers and in accordance with national guidance;
  • Avoid damage to and inappropriate development considered likely to have significant direct or indirect adverse effects on:
    • Internationally, nationally and locally designated sites of importance for biodiversity (either within or beyond the borough); and
    • Local Biodiversity Action Plan priority habitats and species;
  • If significant harm to habitats and biodiversity cannot be avoided, then the mitigation hierarchy should be followed:
    • Internationally, nationally and locally designated sites of importance for biodiversity (either within or beyond the borough); and
    • Local Biodiversity Action Plan Priority habitats.

2. Regard shall be had to the forthcoming Design and Sustainability DPD which will provide further detail on the application of this policy.

3. Development proposals will control pollution to protect ground and surface waters where necessary and mitigate against the deterioration of water bodies and adverse impacts on Groundwater Source Protection Zones and principal aquifers, and incorporate measures to improve the ecological status of water bodies as appropriate; Major developments will not be permitted unless they can demonstrate that new or existing water supply, sewage and wastewater treatment facilities can accommodate the new development.

4. Wastewater treatment and supply infrastructure must be fit for purpose and meet all requirements of both the permitting regulations and the Habitats Regulations (for example in relation to nutrient neutrality at the Stodmarsh SAC/SPA/Ramsar site).

5. Development proposals will enhance, extend and connect habitats to enhance the borough’s network of sites that incorporates designated sites of importance for biodiversity, priority habitats, Local Wildlife Sites and fragmented Ancient Woodland; support opportunities for the creation of new Biodiversity Action Plan priority habitats; create, enhance, restore and connect other habitats, including links to habitats outside Maidstone borough, where opportunities arise:

  • Provide for the long-term maintenance and management of all natural assets, including landscape character, associated with the development;
  • Mitigate for and adapt to the effects of climate change; and
  • Positively contribute to the improvement of accessibility of natural green space within walking distance of housing, employment, health and education facilities and to the creation of a wider network of new links between green and blue spaces including links to the Public Rights of Way network.

6. Where appropriate, development proposals will be expected to appraise the value of the borough’s natural environment through the provision of the following:

  • An Ecological Impact Assessment of development sites and any additional land put forward for mitigation purposes to take full account of the biodiversity present, including the potential for the retention and provision of native plant species;
  • Arboricultural assessments to take full account of any natural assets connected with the development and associated sites; and
  • A landscape and visual impact assessment to take full account of the significance of, and potential effects of change on, the landscape as an environmental resource together with views and visual amenity.

7. Any required publicly accessible open space should be designed as part of the overall green and blue infrastructure and layout of a site, taking advantage of the potential for multiple benefits including increased physical activity, enhanced play, wildlife, sustainable urban drainage, tree planting and landscape provision. The form and function of green and blue infrastructure will reflect a site’s characteristics, nature, and location.

8. Development proposals will give weight to the protection of the following designated sites for biodiversity, as shown on the Policies Map, which will be equal to the significance of their biodiversity/geological status, their contribution to wider ecological networks and the protection/recovery of priority species as follows:

  • For internationally designated sites (SACs, SPAs, and Ramsar sites; including candidate sites), the highest level of protection will apply, as afforded by the Habitats Regulations 2017 (as amended);
  • Other than in exceptional circumstances (as set out in the Regulations), development will only be permitted where the council is satisfied that any necessary mitigation, management or monitoring measures are secured in perpetuity as part of the proposal and will be implemented in a timely manner, such that, in combination with other plans and development proposals, there will not be adverse effects on the integrity of a European site;
  • For nationally designated sites (including candidate sites), development will only be permitted where it is not likely to have an adverse effect on the designated site or its interests (either individually or in combination with other developments) unless the benefits of the development at this site clearly outweigh both the impacts that it is likely to have on the features of the designated site that make it of national importance and any broader impacts on the national network of Sites of Special Scientific Interest. Where damage to a nationally designated site cannot be avoided or mitigated, compensatory measures will be sought. Development will also accord with and support the conservation objectives of any biodiversity site management plans;
  • For locally designated sites (including draft published sites), development likely to have an adverse effect will be permitted only where the damage can be avoided or adequately mitigated or when its need outweighs the biodiversity interest of the site. Compensation will be sought for loss or damage to locally designated sites;
  • Development in Lenham and Lenham Heath that would result in a net increase in population served by a wastewater system will need to ensure that it will not have an adverse effect on the integrity of Stodmarsh SAC/SPA/Ramsar site. Where a proposed development falls within the Stour Catchment (e.g. Lenham, east of Faversham Road), or where sewage from a development will be treated at a Waste Water Treatment Works that discharges into the river Stour or its tributaries, then applicants will be required to demonstrate that the requirements set out in the advice letter and accompanying methodology on Nutrient Neutrality issued by Natural England have been met. This will enable the council to ensure that the requirements of the Habitats Regulations are being met.

9. The council will work with Natural England to assess, monitor and if necessary, mitigate any recreation pressure at North Downs Woodland SAC.

10. Development proposals must support the council’s nature conservation objectives and in doing so must not result in adverse effects on the integrity of the North Downs Woodland SAC. Any air pollution mitigation strategy will be developed and agreed with Natural England before the development commences and implemented prior to adverse effects on the integrity occurring; developer contributions will be used to support this where appropriate. The council is committed to ensuring that development within the borough will not contribute to adverse effects on the SAC due to air quality and will take the lead on coordinating any strategic mitigation required to minimise air pollution at the SAC.

11. Any development within 6km of the Medway Estuary and Marshes SPA and Ramsar will be required to make a financial contribution to mitigate against additional recreational impact arising from development.

12. Account should be taken of the council’s Landscape Character Guidelines SPD, Green and Blue Infrastructure Strategy and the Kent Downs AONB Management Plan.

13. The council will work in partnership with landowners, land managers and developers to encourage better soil handling practices to avoid the degradation of soil and ensure soil functions are maintained as appropriate.

14. New development involving the creation of surface water runoff will be required to provide SuDS. Where possible, such SuDS will need to integrate with on-site blue-green infrastructure in order to increase biodiversity.

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