Biodiversity Net Gain Update for the East Anglian Planning and Biodiversity Webinar Dr Nick White – Principal Advisor, Net Gain
www.gov.uk/natural-england
Biodiversity Net Gain Now
• National Planning Policy Framework (NPPF) • Planning Practice Guidance (PPG) • National Design Guide • National Policy Statements
Mandatory Biodiversity Net Gain – Key Components The Environment Bill • England only • Amends the Town & Country Planning Act (TCPA) • Minimum 10% gain required calculated using Biodiversity Metric & approval of net gain plan • Habitat secured at least 30 years • Delivered, on-site, off-site or via statutory biodiversity credits • National register for net gain sites • Likely to become law – second-half 2023 • Does not change existing legal protections • Does not apply to Nationally Significant Infrastructure Projects (NSIPs) or Marine
Environment Bill – Secondary Legislation
Secondary Legislation – To Come Net Gain Plan
Section 141 or 177
Percentage
Amendments to Planning Register
Approval of Plan
Metric
Exemptions
Degradation
Irreplaceable Habitat
Modified Planning Permission
Phased Development
Limitations on Planning Authorities
Section 73a & 102
Additional Related Components of the Environment Bill Local Nature Recovery Strategies • Locally developed, spatial strategies for nature working within a national framework. • Identify opportunities and priorities for enhancing the natural environment • Inform and underpin the national Nature Recovery Network (NRN) • Can be used to target net gain delivery Conservation Covenants • Legally binding private voluntary agreements between landowners & responsible bodies • Can be used as alternative to planning obligations to secure BNG outcomes
Mechanisms for Biodiversity Net Gain Delivery Onsite (units)
Offsite (units)
Potentially in full or combination
Delivered via habitat creation/enhancement via landscaping/green infrastructure
Delivered through new habitat creation/enhancement on land holdings or via habitat banks
Statutory Credits
Only if units not available
Delivered through landscape-scale strategic habitat creation delivering nature-based solutions
Environment Bill – Envisaged Biodiversity Net Gain Process
Mandatory Biodiversity Net Gain Key Themes • Measurable net gain • Spatial delivery hierarchy (on-site, local + strategic) • Benefits for nature, people, LPA + developer
• Does not replace existing protections/legislation
Mandatory BNG - Indicative Timetable*
Spring 2021
Metric 3.0 Released
Summer 2021
Secondary Legislation Consultation
* All dates subject to potential change
Autumn 2021
Environment Bill Royal Assent
Winter 2022
Register + Credits Sales Platforms go live
Autumn 2023
BNG becomes legal requirement for TCPA Developments
Biodiversity Metric 2.0 • • • • •
Uses habitat features as a ‘proxy’ measure Translates into biodiversity units All intertidal and terrestrial habitat features Area and linear habitat types Calculations based upon: – – – – –
Habitat size Habitat condition Habitat distinctiveness Spatial location Ecological connectivity
• GIS data import facility
3.0
Biodiversity Metric 3.0 - Timetable • July 2019 – February 2020: Metric 2.0 Consultation – 7,000+ downloads & 130 formal responses
• March 2020 – October 2020: Metric edits – c1.3m calculations run to test numbers + stress tested
• August 2020 – Formal Consultation response published • Spring 2021: Metric 3.0 Published – Metric calculation tool – Summary & detailed guidance + case studies – Revised condition assessment methodologies
• Early 2021: Consultation on small sites metric
BNG Considerations for Planning Authorities • LPA role is key • Net gain opportunities now e.g. embed into local plans/SPDs • Refer to guidance/standards – CIRIA/CIEEM/IEMA, BS8683* or Government Advice • Agree and map your local priorities in conjunction with Local Nature Partnerships, eNGOs etc e.g. LNRS, GI strategy, biodiversity opportunity areas • Consider links to other plans and strategies e.g. Health & Well Being • Consider you own land holdings and raise awareness amongst local landowners • Gain familiarity with the biodiversity metric 3.0 • Establish your reporting/monitoring requirements
* to be published Spring 2021
BNG Considerations for Developers • Consider early! – site selection + outline design • Net gain what? e.g. % gain, metric type, duration etc – Environment Bill standardises for TCPA only • Refer to guidance/standards – CIRIA/CIEEM/IEMA, BS8683* or Government Advice • What are the local priorities? e.g. LNRS, GI strategy, biodiversity opportunity areas etc • Undertake baseline metric calculations • Determine your delivery strategy – onsite/off-site or combinations of + how relates to other obligations If offsite component – is unit supply available? If not, purchase credits • If delivering onsite how will this be maintained? • Submit net gain plan + completed metric to LPA * to be published Spring 2021
BNG Considerations for Landowners? • Identify land parcels suitable for habitat enhancement/creation • Habitat bank vs non-habitat bank • Refer to guidance/standards – CIRIA/CIEEM/IEMA, BS8683* or Government Advice • Undertake indicative metric calculations • Register land availability on net gain register • Calculate likely unit sales prices (incl habitat creation + management costs, any survey costs + overheads) • Undertake full metric calculations to inform final sale • Enter into minimum 30 year legal agreement (planning obligation or conservation covenant) • Undertake periodic monitoring/reporting * to be published Spring 2021
Other Landowner Considerations •
Additionality “Achieve nature conservation outcomes that demonstrably exceed existing obligations (i.e. do not deliver something that would occur anyway)” – CIRIA/CIEEM/IEMA (2016) Guidance coming
•
Is Land Within a Local Strategic Area? Influences unit values that can be generated from land
•
ELM Pricing + Taxation
Poll Question
Q. How prepared do you feel you are for when mandatory Biodiversity Net Gain becomes a legal requirement? A. Very prepared, not prepared, not sure
Other Developments
• Marine Net Gain • Nationally Significant Infrastructure Projects (NSIPS) • Environmental Net Gain • Planning White Paper
Thanks
Nick.White@naturalengland.org.uk