It was originally set to become a legal requirement for most developments from November. This eleventh-hour delay must be used to get the details and supporting infrastructure right, before the new January deadline kicks in.
Government has committed to securing nature’s recovery and protecting 30% of the UK’s land by 2030. But the huge gap between meeting these goals and the current state of nature was shown in a report on 27 September, which revealed the UK to be one of the most nature-depleted countries on Earth, with one in six species now at risk of being lost from Great Britain altogether.
For decades, building development has been a significant cause of nature loss. Biodiversity Net Gain in England offers the potential for developers to take a different approach.
Done well, BNG will enable the development sector to contribute to nature’s recovery and leave a positive legacy for people and wildlife. These new obligations do not replace existing requirements to avoid impacts to wildlife. Nor do they give developers free rein to damage habitats on a promise that harm can be rectified elsewhere. But where, as a last resort damage to habitats cannot be avoided, developers will legally be required to deliver at least 10% biodiversity gain in addition to the required compensation. This will be achieved through the enhancement, restoration or creation of new habitats with an obligation to ensure these gains are managed and maintained for at least 30 years.
The key point to emphasise here is ‘done well’. This means having the right regulations, policy and guidance in place and the necessary supporting infrastructure to ensure new BNG requirements are properly implemented, monitored and enforced.
But The Wildlife Trusts believe that some of the finer details of BNG policy, coupled with proposed changes to development rules, will undermine the genuine potential of BNG to support nature’s recovery.
For example, as we journey towards the legal start line for BNG, Government has been consulting on extending and introducing new permitted development rights. If introduced, some of the proposed changes will place existing nature spaces under pressure. They will also enable the expansion of development without the provision of new green spaces which are vital for local communities. New residents could miss out on access to nature, and the health and wellbeing benefits this brings. To add to these concerns, permitted development is exempt from BNG, so any broadening of these rights reduces the potential for development to contribute to nature recovery.
On the BNG policy itself, The Wildlife Trusts have long advocated for a 20% biodiversity gain and for this to be managed in perpetuity. Some local authorities and developers are already going beyond the minimum requirement, and we will continue to encourage this. However, current Government guidance makes this difficult, as it allows developers to sell excess gains created for one development (i.e. gains over and above the 10%) to meet obligations for another development. This effectively caps BNG at 10% and stifles local ambition.
Given the biodiversity crisis we face, and the fact that any net gain takes time to deliver, it is fundamentally important that 10% gain is not viewed as the ceiling for achievement. This policy is especially worrying for solar and minerals sites. For example, many of The Wildlife Trusts iconic nature reserves are former minerals sites, which under current planning rules have delivered much higher gains for nature through planning agreements. There is a significant risk in some areas, that permitting the sale of excess gains for minerals and solar development could mean little (if any) additional gains for nature when compared to the current situation.
Mandatory Biodiversity Net Gain places new requirements on local planning authorities. They need to be adequately resourced with the right skills and capacity to oversee the BNG process, from scrutinising BNG assessments to monitoring and enforcing delivery. Only 1 in 5 councils currently have in-house ecological expertise. The Government has committed £15.76million to mitigate the burden on local authorities of delivering BNG. This is welcome but will not be sufficient to address the shortfalls in skills and capacity across England’s local planning authorities.
Biodiversity Net Gain does have potential, and we know Defra is working with positive intent to ensure it delivers genuinely additional gains for biodiversity. We have raised all our concerns with Government departments and hope they will be addressed before January to ensure BNG supports nature recovery rather than undermines it.
While disappointed about the delay to mandatory BNG, we welcome the commitment to a clear timetable and confirmation that there will be no domino effect on the start of BNG for small sites and Nationally Significant Infrastructure. We hope the window the delay affords will be used to invest in local planning authorities and ensure they have the resources and support needed to prepare for and effectively deliver, monitor and enforce BNG; not least through the timely publication of clear and robust guidance and regulations.
Blog written by Rachel Hackett & Dr Sue Young