Medway Developer Contributions and Obligations Guide
16.1 What is Covered?
16.1.1 Where possible on-site management is required to offset biodiversity loss which cannot be adequately covered by planning conditions. Offsite provision will be required if on site option is not practical or available. The Council follows the national requirements for 10% Biodiversity Net Gain on prescribed developments. Comment
16.2 Where it Applies?
16.2.1 All developments in the borough which would have a direct or an indirect impact on the natural environment through the loss of protected sites and species or priority ecological habitats, and mitigation impact of noise, light pollution or increased disturbance. Comment
16.2.2 All built developments where the site has a biodiversity interest which would be adversely affected, and which has been identified through: Comment
- Ecological Surveys / Environmental Impact Assessment / an Environmental Statement
- Consultation with the Kent Biological Record Centre, Kent County Council ecology advice service or site surveys by Medway Council officers, independent ecologists / and local, county and national conservation organisations
16.3 Requirement
16.3.1 The NPPF and the 2003 Local Plan and Submission Medway Local Plan sets out policies for the conservation and enhancement of the natural environment. Comment
16.3.2 Direct loss of habitat and damage to species should be avoided where reasonably possible but mitigation and/or compensation will be sought when such loss is unavoidable. Comment
16.3.3 The re-creation of habitat on site will always be sought as the first preference and off-site compensation should only be considered when all other means have been exhausted. Comment
16.3.4 The developer will be liable for all off site costs associated with survey, translocation, species protection, habitat enhancement and site purchase, management and monitoring where off-site mitigation is required. Comment
16.3.5 Where it can be recognised that development could lead to increased pressure on adjacent sites of nature conservation interest, due to noise, disturbance, increased predation (disturbance by domestic pets), light pollution, or through increased amenity use of the site a financial contribution will be sought to minimise these impacts. Comment
16.3.6 The extent, nature and management of required habitat enhancement or creation will depend on the size of the development, its location in the context of designated sites and likely impact on biodiversity. Comment
16.4 Charging System
16.4.1 Charge will be based upon costs identified to meet the needs of each site. It is anticipated that mitigation and subsequent management will be undertaken through 1 or more of the following mechanisms. Comment
- On-site mitigation
Medway Council will not normally take on management of development sites where mitigation work has taken place, and the developer will need to make arrangements with a third party.
Should the Council take on responsibility, an endowment charge equal to 15 times the annual cost of management works (plus indexation) will be payable based on an agreed management plan.
- Off-site mitigation on Council land
In instances where it is agreed that mitigation can take place on Council owned land, the developer will be responsible for meeting all capital costs associated with preparing the mitigation land together with a charge equal to 15 times the annual cost (plus indexation) of maintaining the area to an agreed management plan.
- Off-site mitigation on third party land
In this instance it is for the developer and the third party to agree design and payment for creation and management.
16.5 Formulae
16.5.1 Contributions must, at a minimum, ensure like for like provision. In accordance with established ecological standards this will normally require a 2 for 1 replacement ratio. This is to compensate for the loss of quality when creating new habitats. Comment
16.5.2 Mitigation and / or compensation measures should be ecologically functioning prior to the commencement of the development – this is particularly important for the protection of protected species. Comment
16.5.3 Long-term management costs will be based on annualised costs set out in a site-specific management plan. Comment
16.6 Policy/Evidence Base
Kent and Medway Local Nature Recovery Strategy Comment
