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Wild Justice survey reveals developers failing to provide promised trees, hedgerows and habitats, but Maidstone council praised for hiring landscape officer

A survey has found housing developers are failing to install ecological features promised in their planning applications - but one council has been singled out for praise for doing something about it.

Between June and August last year, not-for-profit nature conservation organisation Wild Justice surveyed 42 new estates across five local authorities in England to see how many had installed the nature-enhancing measures imposed as conditions of their permissions.

New housing developments are now required to demonstrate they have increased biodiversity. Photo: Wild Justice
New housing developments are now required to demonstrate they have increased biodiversity. Photo: Wild Justice

They looked only at completed developments of more than 10 homes that had been approved since 2012 - the date when the National Planning Policy Framework first required construction projects to demonstrate a net gain for biodiversity.

The survey measured only compliance with planning conditions, and did not attempt to measure the value - or otherwise - of those measures.

It found that a shocking 47% of all the promised ecological features were non-existent, while at the same time, poor landscaping and maintenance practices had actually destroyed existing ones.

It found that 83% of all promised hedgehogs highways were missing, 100% of invertebrate boxes (suitable for pollinating insects), 75% of promised bat boxes, and 85% of reptile refuges.

In addition, 48% of new native hedgerows had not been planted, nor had 39% of new trees. Some of those that had been planted and then allowed to die.

The conservation group Wild Justice has been monitoring whether ecological measures have been put in place. Photo: Wild Justice
The conservation group Wild Justice has been monitoring whether ecological measures have been put in place. Photo: Wild Justice

Wild Justice suggested the problem lay with cash-strapped local authorities who had neither the money, nor the expertise to chase the developers to fulfil their commitments.

It said: “Many council enforcement teams are significantly understaffed, leaving them unable to deal with anything but the most serious breaches of planning conditions.”

Wild Justice would not release the names of the developments or the local authorities that it had looked at.

It said the results had been so consistent across the different-sized housing estates and councils that it felt sure a similar result would be found everywhere.

Wild Justice said: “It therefore seems unfair to blame these particular councils for failures that we think are far more widespread.”

Consideration must be given to wildlife. Photo: Wild Justice
Consideration must be given to wildlife. Photo: Wild Justice

But it picked out one council - Maidstone - as doing something about it.

Two years ago, the borough employed Ben Barrett as landscape enforcement officer, specifically tasked to ensure developers comply with their nature promises.

Wild Justice said he was about to begin prosecutions of developers who had not responded to his requests to re-plant dozens of dead trees on one development site.

The charity said the landscape enforcement post not only provided a mechanism to hold developers to account, but also sent a strong message to developers that they wouldn’t get away with failing to deliver on their commitments.

The report entitled “Lost Nature: Housing developers fail to deliver their ecological commitments” can be read here.

Maidstone council's landscape officer Ben Barrett
Maidstone council's landscape officer Ben Barrett
Cllr Tony Harwood
Cllr Tony Harwood

Cllr Tony Harwood, Maidstone’s cabinet member for planning policy, said: “Nature is under unprecedented attack and is declining at a catastrophic rate, so we are gratified that Maidstone Borough Council’s efforts to protect local biodiversity have been singled out for praise in this influential national report.

“We are determined to work proactively with developers and other partners to deliver both high quality homes and nature recovery.

“Ben’s innovative role demonstrates our dedication to nature conservation.

“The council has made further important commitments to nature recovery over the past year, including adopting a 20% biodiversity net gain policy in the new Local Plan Review adopted in March, 2024, which is double that required by national government.”

Cllr Harwood added: “We urge the public to be vigilant, and to get in touch if they’re concerned about potential environmental or wildlife breaches in developments in their local area.”

Residents can flag concerns about local developments by emailing PlanningEnforcement@maidstone.gov.uk

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