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Proposed content of Planning Obligations to address the impacts of the KIG proposals

The proposals for s106 undertakings have been prepared alongside draft planning conditions in order to mitigate the impacts of the proposal. Planning conditions are listed in a separate document. S.106 requirements are grouped under eight broad headings.

1.�� SUSTAINABLE TRANSPORT AND ACCESS

�� Contributions and undertakings are required in four respects:

(a) � off-site works to improve physical access to and through the site;

(b) � Travel Plan and Integrated Freight Management Plan, including provision of sustainable transport services, traffic limitations and performance management;

(d) � localised traffic management to mitigate impacts.

(a) Off-site measures to improve access to the site

1.1�� MBC require construction of cycle paths from the site to join the established Maidstone Five Year Cycle Strategy network [1]for access to Bearsted and beyond, to central Maidstone and to the SE suburbs of Maidstone.

� The construction of a shared cycle/pedestrian path from the light vehicle egress (and other access points as approved) onto the highway verge on the north side of the A20, to extend westwards to access Roundwell, with a crossing to the south side of the A20 at a suitable point.

� The A20 route should then continue westward on-line in demarked cycle lanes westward as far as a further suitable crossing to access Spot Lane. �

� Suitable signage to direct cyclists onward to the approved cycle routes.

�� Policy and Justification

� Concept of encouraging cycling is agreed in Travel Plan.

� All works on the highway will require KHS safety audit and technical appraisal processes to be carried out. Works to be implemented under a s.278 agreement.

1.2�� MBC require the PROW running through the site to be diverted and built to the specifications agreed and thereafter maintained. Suitable connections should be created with the adjoining sections of PROW or highway. Appropriate signage should be provided on and of-site.

� Details to be inserted for each of the PROW

�� Policy and Justification

� Concept of encouraging walking to the site is agreed in Travel Plan. Requirements to maintain rights of way or make suitable diversions.

� The specification of the PROW should as far as practical be located within the broad green spaces passing through the site with site security fences beyond.

� Work to be carried out in accordance with standard PROW procedures and requirements

(b) Travel Plan and Integrated Freight Management Plan, including� provision of sustainable transport services and performance management

1.3�� MBC require the creation of an Employee Travel Plan, its implementation and achievement of performance targets.��

� Appointment of staff responsible for promoting the Travel Plan and to achieve sustainable transport targets by employees.

� A schedule of key targets, sanctions and other elements to be set out in the s106 with the details in a reviewable Travel Plan.� �Plan, Monitor, Manage� arrangements in the Plan with reporting on an agreed basis to KHS/MBC and other relevant site interests.

� Mode split targets for all workers on site of 79% car drivers, stepping to down to below 70% car drivers within 5 years of first occupation and thereafter maintained. Target reviewable downward thereafter through Travel Plan.

� The number of employee light vehicles inward, shall not exceed a �cap� of 270 between 08:00 � 09:00 or 270 outbound between 17:00 � 18:00.

� The Appellant will pay the Borough Council �100 for each vehicle in excess of the �cap�. Penalties � will be calculated on a basis that identifies values congestion effects in the local area.

� The money received will be used to fund the Maidstone Transport Hub package outlined above to fund the most suitable works to promote sustainable travel and mitigate the impact of failure to achieve Travel Plan performance targets.

Policy and Justification

� The penalty figure of �100 per vehicle reflects the valuation placed on congestion caused use eh a

1.4�� MBC require the creation and implementation of an Integrated Freight Management Plan to promote use of rail for the movement of freight to and from the site, to encourage road to rail mode transfer by the site based operators and to minimise the number of HGV trips generated by the site.

� Appointment of staff responsible for promoting the Integrated Freight Management Plan� and to achieve sustainable transport targets for freight operations on the site.

� A schedule of key targets, sanctions and other elements in the s106 with detail in a reviewable IFMP.�� Plan, Monitor, Manage� arrangements in the Plan with agreed reporting arrangements to KHS/MBC and relevant site interests.

� All warehouse buildings and the intermodal area freight operation will operate on a shift hours basis to minimise traffic in the peak hours to/from the site in the peak hours.�

� All warehouse buildings on the site to remain either rail served either by direct connection or� via the intermodal transfer area.

� Rail mode split target of 25% all freight entering and leaving the development by the end of the first ten years of first beneficial occupation

� HGV arrival booking system - including identification of drivers, to minimise likelihood of vehicles arriving at the gate and not being permitted access onto the site. Security protocol for validating vehicles to be agreed with the Police.

� Routeing agreement � 100% of all HGVs serving the site are to route directly to/from M20 Junction 8 (reviewable to allow use of the South East Maidstone Link when constructed). Monitoring by ANPR and penalties for infringement to be applied.� Penalties will be directed to the Maidstone Transport Hub Package to fund the most suitable works.

1.5�� The Integrated Freight Management Plan shall include measures to limit and mitigate the impact of road freight by the following:

� A �cap� shall be applied so that the number of HGVs entering and leaving the site should not exceed 3,250 (two way flow) in any 24 hour period, and 78 (one way flow) in any peak hour one hour period

� Should the number of HGV exceed the 24 hour period �cap� the Appellant should pay Maidstone Borough Council the sum of �127 f or each vehicle in excess.

� Should the number of HGV exceed the peak hour �cap�, a peanlity of �200 shall be applied for each vehicle in excess.

� The money received will be used by the Borough Council to provide the Maidstone Hub Transport Package outlined in section 1.8.

Policy and Justification

� These penalties are calculated on the following basis.....xxxxxx

1.6�� A Vehicle Monitoring shall be established to monitor the number� and routing of vehicles visiting the site.

� The Appellant will agree with the Borough Council, a scheme to monitor the number of vehicles entering and leaving the site prior to the commencement of development.� The scheme shall be implemented upon the commencement of the development and thereafter permanently maintained.�

� The agreed scheme should include an alternative method of counting vehicles should the primary system fail.�

� The Appellant shall provide to Maidstone Borough Council the traffic figures for each hour and each 24 hour period disaggregated by HGV and non HGV on a monthly basis.�

� Should the data not be provided to the Borough Council on a monthly basis, the Appellant shall pay the Borough Council the sum of �Z to the Borough Council for each day or hour missing.� That money to provide the Maidstone Transport Hub package outlined in section 1.8.

�� Policy and Justification

� 25% rail target from Howbury RFI. The targets and routeing proposals reflect the Appellant�s assertions made at the SOCG meetings in response to the concerns expressed by the authorities.

� Also see proposed weight restrictions in section XX below.

� The concerns of the Highway Authority and LPA in relation to the enforceability of a vehicle �cap� remain.

1.7�� MBC require that through the Travel Plan that employee bus services are provided thus:

� A warehouse shift pattern bus service to the Southeast and central Maidstone areas (Parkwood/Shepway and town centre) and the Medway Towns.

� Office hour bus services to Bearsted Station and Maidstone town centre for interchange railway and other bus services.

�� Policy and Justification

� Concept agreed in Travel Plan

� The timing and frequency to be reviewed through the operation of the Travel Plan.

(c) Necessary improvements to strategic transport capacity

1.8�� It is the Highway Authority�s view that the KIG proposal will utilise the available highway capacity that the HA/LPA have identified as necessary to meet the South East Plan development targets. If the Secretary of State is minded to grant planning permission the Council is seeking a contribution of �25million from the developer towards the implementation of a Maidstone Transport Hub package to reduce the adverse effects of the KIG traffic on highway capacity.

�� Provision of Highway Capacity

� In order to compensate for the use of the available highway capacity, the Developer, prior to the first occupation of the development, shall pay the Maidstone Borough Council �25m to enable the South East Plan targets to be achieved.� The sum of money shall be invested in the Maidstone Transport� Hub package and specifically used towards measures:

� to increase the capacity of the highway network through the provision of additional road and junction capacity

� the improvement of public transport, including provision for bus and rail travel

� other traffic management measures.

Policy and Justification

� The development will increase congestion in the area and consume substantial proportion of the available and potential capacity of the strategic transport network that would otherwise to be available to serve the development needs of the area, as required by the South East Plan and to be planned through the LDF process.

� Any penalties received from application of the vehicle �caps� applied through the Travel Plan and Integrated Freight Management Plan shall be applied to the package improvements. Contributions also achieved through CIL/planning tariffs and other sources.

� The concerns of the Highway Authority and LPA in relation to the enforceability of a vehicle �cap� remain.

��

(d)�� Localised traffic management to mitigate impacts.

1.9�� Traffic created by the development will impact on road safety and environmental quality of local areas to a significant degree. This should be monitored and appropriate measures implemented to mitigate and manage impacts.

�� MBC Require:

� A vehicle monitoring scheme in surrounding local road network and villages before construction commences, continuing after construction ends/site becomes operational, to provide evidence whether Traffic Regulation Orders are needed to resolve identified problems which would then be funded by the site operators

� Creation of a fund to pay for Monitoring of traffic and parking issues resulting in the area to which the scale of the KIG development may contribute and measures to mitigate.

� Monitoring is required on The Street (Bearsted Green), Ware Street, Yeoman Lane, Roseacre Lane, The Landway, Madginford Road, Caring Lane, Church Road(Downswood), Spot Lane/Deringwood Drive, Otham Lane, Forge Lane, Old Mill Road, Penfold Hill (B2163), Hockers Lane (Detling), Pilgrims Way (East of Detling). Frequency to be agreed, but at least annually using automatic counters for a minimum of one week.

� Injury crash records on the above routes to be reviewed annually from the start of 2006 onwards in perpetuity. This would create a 3 year database of the �before� situation.

� If annual growth of traffic on any route exceeds 20% above TEMPRO expected rate, either at peak times or on a daily total, appropriate traffic calming or management measures will be designed and consulted upon. The design and consultation to be carried out by Kent County Council and funded by the site operator.

� Consultation would include a �do nothing� option to allow residents to express a view that they did not wish to accept any particular measures.

� Measures would be funded by the site operator. The most likely measures to be considered would include speed cushions in the North Bearsted area, �and� measures more in keeping with a rural character on routes south of the A20. This latter area would need an option of selective road closure to be considered to prevent the urbanisation of the countryside by physical traffic calming, signs, and lighting.

� The Appellant should set aside �1,000,000 (index linked) to fund design, consultation, and any measures agreed through the consultation process (based on previous experience of the cost of calming).

�� Policy and Justification

� The highway authority wishes to protect the rural roads and minor residential roads from excessive increases in traffic on road safety grounds. Specific requests have been made by a number of the Parish Councils.

� (ie Coxheath build outs = �100,000+ for 800 metres of calming using kerb build outs)

1.10�� MBC require that the Emergency access/egress at Water Lane is strictly controlled.

� The emergency access shall remain shut at all times except when used in accordance with Site Incident and Emergency Plan, under the control of emergency services.� Water Lane, it�s junction with Roundwell, and the Roundwell junction with the A20 must be managed by the Police in accordance with an agreed Emergency Plan protocol.

�� Policy and Justification

� Concept proposed by KIG and required by Emergency Services and KHS

� Water Lane is a single track road. It must be strictly managed to ensure highway safety and to prevent the emergency route being blocked by traffic.

1.11�� Weight restrictions

� 7.5 tonne weight restrictions should be placed on the rural lanes and minor residential roads in and around Bearsted to protect them from HGV traffic, both during construction and operation of the site, irrespective of any monitoring regime.

� A North Bearsted restriction to cover Roundwell, The Street, Ware Street, Yeoman Lane, Roseacre, and The Landway. A southern area would cover all the minor roads between (but not including)Willington Street and the B2163 through Leeds and Langley Heath that run between the A274 and the A20. This could be progressed after permission had been granted, so that the routes were protected as early as possible.

2.�� SITE OPERATION AND INCIDENT MANAGEMENT PLANS

�� Plans shall be agreed for the normal operations of the site and to govern the management of incidents and emergencies including an Operation Stack Protocol, National Security incidents and other emergencies and contingencies, including a Fire and Rescue Emergency Plan. Many of these aspects will be addressed under planning conditions but certain provisions will be necessary under s.106.

2.1�� MBC require an Incident Management Plan including management of the site during Operation Stack.� The s.106 shall include a schedule of key elements:

� Emergency access arrangements (see above)

� Emergency plan to guarantee immediate access to all areas of the site by emergency service vehicles in the event of any incident requiring their attendance�

� Protocol for Operation Stack � if necessary closing the site to any ingress/egress at in key periods of the day during Operation Stack

� Site Security Plans and procedures

2.2�� Security measures to combat both Crime and Disorder and National Security requirements shall include provision of:

�� Prevention of Crime / Terrorist Attack

2.3�� In order to reduce the threat of attack and crime to the site and adjoining areas, the Appellant will supply the following equipment at the HGV entrance to the site and at a suitable agreed location in the intermodal / acoustic tunnel area:-

� Acoustic tunnel

� Radiological source detection

� X-ray and gamma ray vehicle examination

� CO₂ emission detect ion

� Heartbeat detection

� Automatic number plate recognition

� CCTV

� Passive millimetre wave imaging

2.4�� In the event of the site being designated a Port under the relevant legislation, the Appellant shall provide:-

� The Police to specify...

Crime and Disorder

� Kent Police are seeking two dedicated PCs with an Emergency Response Vehicle and 3 PCSO�s (one of which would be a temporary ALO during the construction and one of which would be permanently based on site and one for administration/data recording

Maintaining� balance

2.5�� MBC require a balance of access to and through the site whilst achieving necessary agreement of a site security and public safety, under planning conditions with certain under s.106. �

� Site access and security arrangements are to be made in the form of controlling three �security cells� within the site via security gates, whilst allowing free and safe movement of the public on the PROW passing through and around the site.

Policy and Justification

� S.17

3. HABITAT AND ECOLOGICAL

�� To be revised

�3.1�� Provision of a network of habitats and ecology areas shall be created on the Appeal Site and adjacent Mitigation Land to integrate with the wider strategy of the KBAP and emerging LDF for a network of multifunctional green space. A Biodiversity Mitigation and Management Strategy with Action Plans for the Appeal site and adjacent Mitigation Lands shall be made under s.106 to ensure proper integration. The key features will be set in a schedule of the s.106 to include: �

� Short term (construction phases) and Long term Management and Monitoring Plans for habitats of ecological interest on site with monitoring regime and proposals for enhancements. �

� Four off-site Mitigation Sites put forward by the Appellant - the land south of A20 and three sites to north adjacent to site (drwg ECO2 and 3) all with proposals for enhancement and ongoing management.

�� Ecological Mitigation

� In order to provide an quantity and quality of mitigation land for all relevant species, the Appellant shall provide to the Borough Council the land to the south of the A20 as mitigation land following the creation of suitable habitat for the translocated species.� The Appellant shall also provide a sum of �X to maintain the land for a period of 10 years following the creation of the habitat.� The land will be transferred to a local Trust for proper management.

� Green roofs shall be provided on Unit 1 of the warehouse buildings � substrate and species to be native species of local provenance, seeded.

� The works to improve/enhance and actively manage the mitigation land to be implemented prior to any works on the main site starting, so that it is ready to receive any translocated species as necessary.

�� Policy and Justification

� Habitat and species surveys required by SOCG. Habitats offered in various proposal plans.

� Appellant has offered Green Roof however, quantity and quality of Mitigation Land offered is inadequate (rebuttal evidence refers). �

4.�� OFF-SITE LANDSCAPE MITIGATION AND ENVIRONMENTAL ENHANCEMENTS

�� MBC require contribution to a programme of work to mitigate the impact of the proposals on the setting of the AONB and the A20 route corridor on the fringe of the Maidstone urban area.

4.1�� MBC require contribution to an Action Plan for remedial works to enhance the landscape quality of the AONB in mitigation for the impact of the proposals.

� This Action Plan is to be administered under the auspices of the AONB Management Plan and funding will be directed to works to improve the setting and landscape quality of the foreground and scarp slope of the Kent Downs.� This would include for example specification of woodland and hedgerow planting to restore and enhance the landscape quality of the scarp slope.

� Programme to include the on and adjacent to highways land on the A20 adjacent to the site � tree planting, wildflower cutting regimes etc to enhance the rural county town characteristics.

� �Minor works on the historically significant routes along the Kent Downs.

4.2�� MBC require contribution to an Action Plan for environmental improvements to mitigate the impact of the proposals, including:

� On the A20 corridor within 2 km mile of the site entrance. Works shall comprise both measures to naturalise, enhance and maintain the rural character of the rural area in the corridor approach to the County town and Leeds Castle to mitigate the impact of the proposal.

� Significant public realm art features at suitable points � possibly on the A20 roundabouts or a prominent positions on the Downs or Town Centre.�

� Enhancement package for Bearsted Green and Bearsted Holy Cross Conservation Areas � to be progressed through the Conservation Area Management Plans. Address impact of long views of KIG. Possible off site tree planting off site to help screen impact on key views that are to the detriment to the CAs. �

� Management Plan for the areas adjacent to Barty House and other impacted listed buildings�

�� Policy and Justification

� Local Plan Policy ENV21 � to influence perceptions of Maidstone...enhancements of the appearance of strategic routes. Includes M�way, A Class, rail links and footpaths of national and county significance.

� SEP CC3 � impact on the setting of the AONB. AONB Management Plan

� PPS in relation to Conservation Area Appraisals and Management Plans.

� The justification for this is Circular 6/2005 and PPS9

5.�� WATERCOURSES

�� MBC support the Environment Agency requirements subject to separate Unilateral Undertaking in relation to water courses.

6.�� ECONOMIC STRATEGY IMPACTS

�� KIG fundamentally alters the direction MBC wishes to develop the local economy � as set out in the South East Plan, the Maidstone Economic Development Strategy (November 2008) and Sustainable Community Strategy (2009).� It will however create jobs and opportunities for which local people should have access.

6.1�� MBC require mitigation of this impact through a package of support, including capital funding for an Enterprise Centre, UCA sector specialism projects and activities, circa �4million .�

6.2�� MBC require a financial contribution to training courses to serve under skilled or re-skilling of local residents, unemployed or workless people in the area; local employment brokerage and job fairs; or initiatives providing or contributing to apprenticeships, training, employment and recruitment related services.

� A new Skills Centre should be created in partnership with the developer, Job Centre Plus and the appropriate local college (probably Mid Kent) . Funding should support both construction skills and ongoing logistics, warehousing and management training and other skills identified by the employment strategy. Funding of �2 million capital and ongoing �400,000 per year for 7 years.

�� Policy and Justification

� Reduce commuting � applications claims and PPG13

� Economic Development Strategy

7.�� OFF-SITE NOISE MITIGATION

7.1�� MBC require a practical and enforceable package for mitigation works to protect residents from the impact of both construction and/or operational noise impacts.

� The scheme should enforceable through the s.106 or other appropriate legislation.

� The scheme shall include the erection of noise barriers outside of the Appellants land including both residents homes by agreement and on Network Rail land.

�� Policy and justification

� Details of the off-site noise mitigation measures proposed by the Appellants. �

� Network Rail confirm (letter 2 October 2009) that acoustic fencing and shields may be erected to the intermodal area may be constructed on their land. Development should be conditional on the achievement of the same.

8.�� DELIVERY TEAM

8.1�� MBC require the support of a dedicated Building Control Inspector and Planning Officer and ancillary administrative support to enable the more efficient processing of all applications / discharging of conditions relating to the site. Corresponding to the support provided, performance guarantees would be negotiated. Suggested support:

� �40,000 for 7 years for planning officer / conditions compliance and economic development issues.

� �40,000 for 7 years for specialist officer input to address the management of protected trees, habitat creation issues and landscape / environmental enhancements programmes.

[1] Maidstone� Joint Transport Board January 2007. Network of existing and proposed expansion of cycle routes� in Maidstone.