The Royal Town Planning Institute (RTPI) has published new evidence that shows planners are struggling to prepare for new Biodiversity Net Gain (BNG) requirements expected to begin later this year. The measures, introduced under the Environment Act, will require local planning authorities to assess and seek mitigation of the
As habitats, wildlife, and plants remain at continued risk of loss across the globe, and the government’s new housing supply yearly target of 300,000¹ homes per year, it’s essential property developers are fully aware of the upcoming Biodiversity Net Gain (BNG) legislation and what this will mean for future planning
On Wednesday 9 November, the Environment Bill passed into law, creating a statutory requirement that new development achieves a minimum 10% biodiversity net gain (BNG). Kieron Gregson, Associate Partner and Mark Russell, Partner and Natural Capital Lead at national property consultancy Carter Jonas, comment on the change and its impact
Aggregate Industries has been recognised for its work on biodiversity with six prestigious industry accolades. The firm secured the prizes at the recent Mineral Products Association (MPA) 2019 Restoration and Biodiversity Awards. These include the prestigious Cooper-Heyman Cup for outstanding restoration, with Aggregate Industries named a joint-winner for its work
The Royal Town Planning Institute (RTPI) has published new evidence that shows planners are struggling to prepare for new Biodiversity Net Gain (BNG) requirements expected to begin later this year. The measures, introduced under the Environment Act, will require local planning authorities to assess and seek mitigation of the expected biodiversity net gain impact of planning proposals. They are expected to apply to new major applications from November 2023 and all minor applications from April 2024. However, an ongoing survey of our RTPI members found that: We also found public and private sector planners report having extremely low levels of confidence in the practical requirements of BNG, including core aspects of the scheme like ‘identifying BNG receptor sites’, ‘interpreting the robustness of ecological reports and BNG proposals’, ‘using the biodiversity metric’ and ‘negotiating with landowners over site provision’. Commenting on the results, RTPI Chief Executive, Victoria Hills has said: “These new findings show that government is running out of time to prepare local planning authorities to assess biodiversity net gain on major planning applications as expected in November. The RTPI fully support the scheme’s intention to improve our natural environment and we’ll continue to engage with Ministers and officials behind the scenes to urgently clarify the details of new BNG regulations, funding and training. Our research found that 25% of local authority planners have left over the last seven years. Immediate clarity and support will be crucial to the successful implementation of biodiversity net gain and to avoid adding to England’s planning backlog.” In response to government consultations, we’ve previously said that “legislation, guidance and metric can help to achieve [BNG] but must be complemented with proper resourcing for planners, including access to ecological expertise.” The RTPI’s latest survey results, collected between May and August 2023, add to a growing body of evidence that shows planners are concerned about the implementation of this new addition to their workload. Earlier this year, The Planner’s Careers Survey reported that 38% planners expected the ‘introduction of Biodiversity Net Gain requirements’ to be one of the biggest challenges they’ll face this year. Building, Design & Construction Magazine | The Choice of Industry Professionals
As habitats, wildlife, and plants remain at continued risk of loss across the globe, and the government’s new housing supply yearly target of 300,000¹ homes per year, it’s essential property developers are fully aware of the upcoming Biodiversity Net Gain (BNG) legislation and what this will mean for future planning and development.. With plans to protect fragile ecosystems and reverse the decline in species by 2030, all planning permissions granted in England (with a few exemptions) will have to demonstrate at least a 10% biodiversity net gain from November 2023. But what does this mean exactly for property developers? UK’s leading environmental consultancy, Thomson Environmental Consultants, summarises five things property developers should be aware of when it comes to Biodiversity Net Gain: Ultimately, BNG will aim to leave the environment in a better state than it was before. Introduced into legislation through the world-leading Environment Act 2021, achieving a 10% net gain will become mandatory for most developments from November 2023. Until now, local planning authorities, utility providers, housing developers, and other organisations have worked with National Planning Policy Framework guidance to seek net gain from new developments. However, from November, BNG will become a legal and mandatory process for most new housing, commercial and infrastructure developments which require planning permission under the Town and Country Planning Act 1990. Although some property types may be exempt from the mandatory BNG requirements, ¹ such as self-build homes; in most cases, property developers must demonstrate how they are replacing and improving biodiversity. The phased introduction of BNG, will allow smaller development sites a longer transition period (April 2024), and Nationally Significant Infrastructure Projects (NSIPs), which have been given development consent under the Planning Act 2008, will be required to comply with BNG requirements from 2025. Small sites are defined for the BNG exemption as residential and non-residential. Although the UK contains more than 70,000 known species of animals, plants, fungi and microorganisms, the growing pressure from diseases, invasive species and climate change has resulted in 600 million breeding birds being lost across the EU and UK since 1980, as well as 97% of the UK’s wildflower meadows, and 90% of the UK’s wetland habitats². In order to succeed the government’s commitment to halt species decline by 2030, BNG requirements are more critical than ever. Moreover, as the UK now only acquires half of the biodiversity that existed before the Industrial Revolution, it’s essential that equal efforts are placed to combat the increased threat to ecosystems while aligning with the government’s annual new home targets. This is where BNG comes into play. Property developers must assess the type of habitat affected and its condition before submitting plans detailing how they will deliver a 10% benefit for nature post development. The “biodiversity metric trading” rules require that any habitat affected within the boundary is replaced on a ‘like for like’ or ‘like for better’ principle. This will be done through the new and streamlined Biodiversity Metric 4.0, which includes a mandatory biodiversity metric calculator tool, user guide, small site metric calculator and more. The metric calculator will essentially provide a biodiversity metric to quantify the value of habitats before and after development. Newly available under the Environment Act 2021, conservation covenants will play an important role in conserving habitat and biodiversity in the long term. Conservation covenants will be an important mechanism for delivering ‘off-site’ BNG where meeting the mandatory 10% improvement on-site isn’t possible. The nature of conservation covenants will require a long-term commitment to the enhancement and maintenance of habitats. Government guidance suggests the BNG credits will be phased out over time as the private market for BNG becomes established. Although a secondary legislation draft is due to be published later in 2023 with further mandatory guidelines, it’s crucial property developers begin considering the requirements sooner rather than later in the planning process. Whether the new BNG requirements will apply to existing planning applications has not yet been confirmed and will be updated by DEFRA and the government accordingly. Regarding costings and project expectations, a government-run statutory credit scheme will be available as a last resort to prevent delays in the planning system. Developers can also pay for improvements on other sites elsewhere by purchasing “units” via a private, off-site market. However, in order to buy credits, property developers must demonstrate that they cannot deliver habitat onsite or via the off-site market. With credits costing between £42,000 and £650,000 +VAT, this will significantly add to overall project costs where off-site enhancements are required. Paul Franklin, Associate Director of Ecology at Thomson Environmental Consultants, commented on the legislation: “It’s important to remember that Biodiversity Net Gain will affect the property development process at all stages and phases. We strongly recommend early engagement with a consultant when undertaking due diligence on a prospective purchase through to consideration of the long-term monitoring and management of created habitats. In many cases, this will be a period of 30 years post-development. “Ensure you speak with consultants who have strong experts in conducting various project habitat surveys and condition assessments to ensure you achieve the desired biodiversity net gain.” To find out more about Biodiversity Net gain, visit: https://www.thomsonec.com/news/five-things-property-developers-need-to-know-in-preparation-for-biodiversity-net-gain-bng/ Building, Design & Construction Magazine | The Choice of Industry Professionals
On Wednesday 9 November, the Environment Bill passed into law, creating a statutory requirement that new development achieves a minimum 10% biodiversity net gain (BNG). Kieron Gregson, Associate Partner and Mark Russell, Partner and Natural Capital Lead at national property consultancy Carter Jonas, comment on the change and its impact on planning and development. “The Environment Bill will enable the planning system to support, protect and enhance the natural environment in a more measured and consistent way, whether that be through onsite provision, the opportunity for developers to partner with farmers and landowners to provide off-site BNG (such as by creating woodland or a wildflower meadows from arable land) or via ‘conservation covenants’, says Gregson. “Essentially, this changes the status of natural capital, transitioning it from a concept into an asset which can be traded by government bodies, local authorities, landowners, and land managers. “Although there is to be a two-year transition period, we anticipate a knock on effect for land values in locations with high development pressure. Landowners may see an increase in value in these locations because of its potential to attract BNG credits. “On the whole we see benefits to most parties involved in the planning and development process. Landowners (including local authorities, wildlife trusts, farmers and private individuals) will have the opportunity to offer land as donor sites. However, green spaces will only maintain their value with investment of both time and money. Vision, management, governance and funding structures will all be important. Furthermore, additional costs or a reduction in net developable acreage will impact on development land values and possibly the viability of schemes. It will be important to ensure that greenfield schemes with low land values aren’t disproportionately affected. And it is hoped that the Government might consider developers having the option of purchasing BNG credits on Green Belt surrounding cities, which could create a popular natural amenity while also protecting the Green Belt.” Research from the Office for National Statistics in 2019 found that urban green spaces increase nearby property prices: houses and flats within 100 metres of public green spaces are on average £2,500 more expensive than if they were more than 500 metres away – an average premium of 1.1%. Similarly the Land Trust has undertaken research which highlights that the Trust’s management of green spaces around homes creates an uplift in house prices estimated to be in the region of £394 million. Furthermore at a time when, according to the RSPB, 94% of us feel a moral obligation to halt biodiversity loss, developers are increasingly aware of the reputational value of mitigating environmental damage. BNG provides developers with an opportunity to show that the natural environment can be enhanced because of new development – not despite it. And it provides the opportunity for this to be demonstrated literally on the doorsteps of new homes. “Another significant consideration is that local authorities will require specialist advice covering ecology, biodiversity calculation, valuation, legal delivery, verification, and site management,” says Russell. “Delivery options and ongoing management advice on the ground will also be required for the required 30 year period once the development has been completed. Furthermore, we are awaiting clarity on how trusted verification bodies will be established as they will be required to manage and monitor biodiversity schemes. “Whilst the direction of travel is clear, in the context of a rapidly changing market and with so much detail still to be established, fully understanding the impact of BNG is not easy to determine. Unsurprisingly we have already seen considerable demand for our services which assess development proposals against assets owned or planned, enabling developers, landowners and land managers to consider objectively the question of on-site or off-site at the outset.”
Aggregate Industries has been recognised for its work on biodiversity with six prestigious industry accolades. The firm secured the prizes at the recent Mineral Products Association (MPA) 2019 Restoration and Biodiversity Awards. These include the prestigious Cooper-Heyman Cup for outstanding restoration, with Aggregate Industries named a joint-winner for its work with Yorkshire Wildlife Trust and Middlemarch Environmental to transform Ripon City Quarry in North Yorkshire into a new wetland haven for wildlife. Judges described the project as a well-researched and implemented scheme that has provided ‘a great asset to the area’. The firm’s ongoing scheme to turn a 30-hectare sand and gravel site near Exeter – Venn Ottery Quarry – into lowland heathland, was crowned winner of the Biodiversity Landscape Scale category. Individual Aggregate Industries employees were also recognised for their brilliant contribution to restoration and biodiversity, with Dave Soons of its North End site in Wiltshire awarded the MPA Nature Photo Competition – Employee Prize for his beautiful photograph of a hobby in flight. Dave Hellier and Alan Knight received the individual contribution award for their work on the Chard Junction Quarry nature reserve in Somerset. On top of this, a number of projects by the Leicestershire-headquartered firm were highly-commended by the judges. These include recognition of its work with the Peak District National Park Authority, Natural England, Environment Agency and Derbyshire Wildlife Trust to restore Topley Pike quarry; and the aforementioned Venn Ottery Quarry project achieving runner-up in the Cooper Heyman Cup. Guy Edwards, Chief Executive Officer at Aggregate Industries, said: “We are absolutely delighted with the award wins. They really are testament to the Aggregate Industries employees and our partners working tirelessly to restore our quarries, ensuring these sites can benefit the local community and environment. “We’re also proud of the fantastic initiatives we’ve put in place in recent years to help improve biodiversity at our sites, with sustainability and biodiversity continuing to be a priority for us as a company.”
