SUMMARY

Kent Wildlife Trust (KWT) has reviewed the above planning application for the proposed  redevelopment of the former Oast Park Golf Course. We have concerns regarding the ecological  impacts of this development and request further information. The application site contains  priority habitats and protected species, and is in proximity to designated conservation sites,  including Leybourne Lakes Local Wildlife Site (LWS) and Holborough to Burham Marshes Site of  Special Scientific Interest (SSSI). It is unclear whether the recommended assessments within the  Preliminary Ecological Appraisal (PEA, 2024) have been undertaken, such as the recommended  Ecological Impact Assessment (EcIA) and Ecological Design Strategy (EDS). Likewise, it is noted  further protected species surveys for bats and breeding birds have yet to be completed.  Additionally, we have serious concerns regarding the failure of the development to meet  mandatory Biodiversity Net Gain (BNG) requirements. The BNG assessment reveals a net loss of  59.79% in habitat units, falling drastically short of the required 10% net gain. Without further  ecological assessments, a robust mitigation strategy, and an enforceable long-term BNG plan,  the development fails to meet the requirements set out by national and local planning policies. 

IMPACTS TO BIODIVERSITY 

It is understood that designated conservation sites and habitats such as Holborough to Burham  Marshes SSSI, Leybourne Lakes LWS, Birling Ashes ancient woodland and Priority Habitat  deciduous woodland are either adjacent or within proximity to the application site. SSSIs, LWS,  ancient woodland and Priority Habitats are all protected under the National Planning Policy  Framework (NPPF, 2024). Section 15, paragraphs 187 – 201 of the NPPF sets out the  Government’s current planning policy in relation to conserving and enhancing the natural  environment. These designated habitats and conservation sites are also protected within  Tonbridge and Malling Local Plan under policies NE1 – Protecting Local Wildlife Sites, NE2 – Enhancing biodiversity and ecological connectivity, NE3 – Preventing ecological degradation  through mitigation and compensation measures and NE4 – Protecting trees, hedgerows and  ancient woodland.  

From reviewing the Environmental Statement (ES), we note that “minor permanent, negative  effects” on Holborough to Burham Marshes SSSI have been identified due to increased 

recreational pressures. The proposed mitigation to reduce these pressures include the creation  of onsite open greenspace. However, after reviewing the Illustrative Masterplan, it is unclear  what additional open greenspace has been provided beyond the driving range and football  pitches, particularly given the need for onsite mitigation for protected species. Dedicated  recreational greenspace intended to mitigate pressures on designated conservation sites should  not overlap with mitigation or compensation measures for protected species, as this risks  causing disturbances and reducing their effectiveness. Further clarification is needed on how the  applicant plans to reduce recreational pressures on nearby designated conservation sites  without increasing disturbances to onsite mitigation for protected species. 

PROTECTED SPECIES  

From reviewing the individual protected species reports and the ES it is understood breeding  dormice have been recorded onsite, including a ‘Good’ population of both slow worm and  common lizard. Mitigation measures for these species include habitat creation and  enhancements. However, these compensation measures are not marked on the Illustrative  Masterplan and therefore it is unclear whether these mitigation and compensation measures  have been included within the design of the development. More information is needed including  a detailed illustration of the ecological compensation/mitigation areas for protected species.  

It is noted within the PEA that further bat and breeding bird surveys were recommended. However,  from reviewing the planning application, these surveys have yet been undertaken and will be  completed during the 2025 survey season. KWT have knowledge of nightingale using the onsite  habitats and habitats adjacent to the site and therefore the proposed development risks  detrimentally impacting nightingale numbers in the local area from direct habitat loss, increased  cat predation and recreational disturbances. Currently, the information provided within the  planning application does not appropriately consider these impacts on both bats and breeding  birds and therefore we strongly urge these surveys are completed before the decision stage. 

BIODIVERSITY NET GAIN 

The Biodiversity Net Gain (BNG) assessment for this development reveals a significant net loss in  habitat units, contradicting the mandatory 10% BNG requirement as set out in the Environment Act, 2021. 

• Pre-development: The site currently supports 219.97 habitat units, 17.79 hedgerow units,  and 0.80 watercourse units. 

• Post-development: The proposal results in only 88.44 habitat units, 32.28 hedgerow  units, and 1.29 watercourse units. 

• Net Change: This equates to a -59.79% loss in habitat units, a +81.50% gain in hedgerow  units, and a +61.33% gain in watercourse units. 

• Deficit: The total deficit amounts to 131.52 habitat units (or 312.73 Tier A1 statutory units  shortfall). 

Under the Environment Act 2021, all new developments must achieve a minimum 10% net gain  in biodiversity, ensuring habitats are enhanced and maintained for at least 30 years. Additionally,  the BNG metric’s ‘Trading Rules’ must also be adhered to, particularly Rule1, which requires  losses of habitat to be compensated on a “like for like” or “like for better” basis. The proposed  scheme does not adequately mitigation for the lost habitat distinctiveness and condition,  violating the fundamental principles of BNG policy. 

Furthermore, local policies within Tonbridge and Malling Local Plan such as NE2 emphasises the  need to enhance biodiversity, while policy NE3 requires that any loss of biodiversity is adequately mitigated.  

Given this substantial shortfall, we request: 

• A revised BNG strategy that ensures at least a 10% net gain in habitat units in accordance  with the Environment Act 2021. 

• Additional onsite habitat creation or robust offsite compensation arrangements. 

• A legally binding long-term biodiversity enhancement strategy covering a minimum of 30  years. 

• Evidence of compliance with Trading Rules to prevent “trading down” of habitat quality. 

Without substantial revisions, the current proposal does not comply with statutory BNG  obligations and local biodiversity policies and must be reconsidered. 

Overall, in its current form, the proposed development presents unacceptable risks to local  biodiversity and fails to comply with key national and local planning policies. The significant  habitat loss, lack of sufficient mitigation measures, outstanding protected species surveys and  failure to achieve the required mandatory BNG raises serious concerns about the long-term  ecological sustainability of the site. Without substantial revisions, including the missing survey  data, comprehensive mitigation and enhancement strategies, and a compliant BNG plan, KWT  object to the development. We urge Tonbridge and Malling Borough Council to ensure that these critical issues are addressed before granting approval.  

We hope that our comments and suggestions are useful. If you have any questions, please do not hesitate to contact me. 

Yours sincerely, 

Emma Waller 

Planning and Policy Officer  

Kent Wildlife Trust 

emma.waller@kentwildlife.org.uk