Appendix A – Underlying Policy Drivers

Position as at 2008

Position now

NERC Act (2006) – requirement to protect/enhance/manage biodiversity identified in a Biodiversity Action Plan (BAP)


BAP has been officially replaced by The 'UK Post-2010 Biodiversity Framework' (July 2012) as it no longer exists as a national policy.

BAP is still used as useful shorthand for describing biodiversity, habitats and targets but the term LBAP strictly no longer exists.

Maidstone Climate Change Action Plan and Green Space Strategy


Still in place

Strategic Local Plan 2008‐2011


New plan for 2011 – 2031 adopted in November 2017

Planning policy statements including

PPS 9 – promote and enhance biodiversity

Replaced by National Planning Policy Framework (NPPF)

Site of Special Scientific Interest

(SSSI) – to be managed in favourable condition

National policy still in place

Kent and Medway Planning Structure

Sustainable Communities Strategy

Growth and Infrastructure Framework still in place but NI 197 a measure of local wildlife sites in positive conservation management, is no longer in place.

Core Strategy CS11 Biodiversity


Revised under local plan 2017

Kent BAP


Kent Habitat survey conducted and published in 2012 but now superseded by new national policies. KNP green spaces needs assessment now in place

BREXIT & Defra 25 year environment plan

Impact on current environmental legislation as yet unknown. Many new concepts such as “Land Asset Policy” are vying for space as new policy frameworks, such as where ecologists become custodians and managers of natural assets (rather than farmers) and former CAP and single payment monies are directed towards adding value through personalised experience and better social physical and mental well-being. Nothing is yet decided but a move away from the old Common Agricultural Policy and Single Farm payments to alternative schemes seems highly likely.

Countryside Stewardship

Replaced former stewardship schemes, guaranteed by government to be extant until 2020 but what comes after that is unknown.


2011 Localism ACT New legislation devolving some powers to local authorities


State of Nature 2016 report In part a thought provoking critique and study of past environmental policies and their continued inability to arrest biodiversity loss

Kent Nature Partnership (formed 2012)

Natural capital asset value report, Biodiversity Opportunity Areas (BOAs), Kent Biodiversity Strategy, pilot schemes with local authorities all need to be reflect in any new LBAP.

Raynsford Review

A cross-sector 18-month task force to inform short-term changes to planning, but its primary focus will be on a holistic appraisal of the kind of planning system which England needs.

Section 106 planning obligations

To be replaced in practice by Community Infrastructure Levy (CIL) charge scale has now been set by MBC.


The LBAP considers natural heritage and the landscape characterisation of the borough but not its built heritage per se

The Lawton Review 2012

Making Space for Nature

Natural England ANGSt standards

National standards for accessibility to greenspace. Still in force.

Natural England

Pilot district licensing proposals for great crested newts in Kent and the impacts this might have on planners, developers and wildlife. Proposals for this scheme were due in November 2017 but have not yet been released. However this could have a very significant impact on how the planning system deals with protected species.

Town And Country Planning Association

Green Infrastructure Partnership

Natural England

Conservation 21 – A conservation strategy for England for the 21st century