Wednesday 27 April 2022

Campaign reply - Consultation on Biodiversity Net Gain Regulations and Implementation - Spring 2022

Thank you for contacting my office. I very much appreciate you getting in touch about nature conservation in property development.

Environmental protection is at the heart of national planning policy, setting clear expectations about biodiversity net gain and the provision of green infrastructure when new development is planned.

I welcome that the Environment Act 2021 includes a legally binding target on species abundance for 2030 with the aim of halting the decline of nature in England. The Act also strengthens the existing biodiversity duty to require all public authorities to take action to conserve and enhance biodiversity. Local Authorities will also be required to produce 5-yearly Biodiversity Reports setting out the action they have taken and its impact.

Further, I am glad that the Act introduces a new biodiversity net gain requirement for development. This will ensure habitats for wildlife are enhanced, with a 10 per cent increase in habitat compared with the pre-development baseline. In addition, the Government amended the Environment Act to introduce biodiversity net gain for new Nationally Significant Infrastructure Projects in England, making certain that new development leads to more nature, not less.

Under the net-gain proposals, developers will have to assess the type of habitat and its condition before submitting plans and demonstrate how they are improving biodiversity such as through creating green corridors, planting more trees, or forming local nature spaces. I am aware that a Biodiversity Metric 3.0 was introduced in July 2021. This will become the industry standard biodiversity metric for all on-land and intertidal development types in England, becoming a requirement through the Environment Act.

Where green improvements on site are not possible, developers will need to pay for habitat creation or improvement elsewhere. I know that the Government sought views on the cost and approach to this means of compensation as part of the consultation and will not introduce a new tariff on loss of biodiversity. Instead, it will be made easier for local authorities, landowners and organisations to set up habitat compensation schemes locally.

Thank you once again for getting in touch, and if I can be of further assistance with any other matter, please do not hesitate to contact me.

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