Planning Obligations SPD 2021

11.0 BIODIVERSITY NET GAIN

11.1 One of the adopted Local Plan objectives is to protect, maintain, restore and enhance biodiversity. The Plan also recognises the importance of Green Infrastructure for biodiversity. Local Plan Policy GI1 Green infrastructure networks seeks to support, safeguard and where possible enhance Green Infrastructure. Policy GI5 Biodiversity and geodiversity safeguards nationally and locally designated biodiversity sites and requires development to contribute towards protecting and improving biodiversity. Paragraph 10.7.6 of the Local Plan acknowledges the role that Sustainable urban Drainage systems (SuDS) can play in delivering benefits for biodiversity. Several site allocation policies include requirements for biodiversity enhancements.

11.2 In its Environment Bill in the 2019 Spring Statement, the Government announced it would mandate net gains for biodiversity. The Environment Bill seeks to amend the Town & Country Planning Act (TCPA) to make biodiversity net gain (BNG) mandatory. The Environment Bill is expected to become law in 2023. Once this occurs applications will need to comply with the National BNG requirements. In the interim, schemes which wish to deliver BNG in advance of the mandatory requirements are positively encouraged.

11.3 Biodiversity net gain delivers measurable improvements for biodiversity by creating or enhancing habitats in association with development. Biodiversity net gain can be achieved on-site, off-site or through a combination of on-site and off-site measures.

11.4 Paragraphs 179 and 180 ( C ) and 181 and 182 of the NPPF (July 2021) sets out the national policy that planning should provide biodiversity net gains where possible. Further explanation on how this should be done is set out in the Natural Environment Planning Practice Guidance (PPG). Biodiversity net gain is also referred to in the National Infrastructure Commission's Design Principles, National Policy Statements and the National design guide, demonstrating it is an important area of emerging government policy. The Government's 25 Year Environment Plan sets out the aspiration to mainstream biodiversity net gain in the planning system and move towards approaches that integrate natural capital benefits.

11.5 The key components of mandatory BNG are currently set out in the Environment Bill. This includes a requirement for applications to deliver a minimum 10% BNG. This will be calculated using Biodiversity Metric & approval of net gain plan. Habitat will be secured for at least 30 years via obligations/ conservation covenant and can be delivered on-site, off-site or via statutory biodiversity credits. The mitigation hierarchy will still apply, with avoidance of harm first, then mitigation and only if this is not possible would compensation for biodiversity loss be considered.

11.6 The BNG proposals also do not change existing legal, environmental protection of wildlife.

Questions

The SPD has been updated to include reference to the forthcoming requirements for Biodiversity Net Gain.