Gabriella and Aemelia introduce Biodiversity Net Gain (BNG), a new planning condition that requires developers to replace habitats destroyed through development and add an additional 10% of habitat
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Participants discussed the legal agreements and responsible bodies designated by the Defra Secretary of State, as well as concerns about the management of states and estate management companies. The meeting also covered the implications of the Biodiversity Net Gain legislation on new planning for new applications, the off-site market for developers, and the maintenance of sites over 30 years. Local planning authorities to enforce biodiversity net gain requirements and monitor compliance over 30 years.
00:00 - 01:00 Preparation
01:00 - 14:30 Presentation
14:30 - 58:44 (end) Q & A
The meeting focused on the concept of Biodiversity Net Gain (BNG), a new planning condition that requires developers to replace habitats destroyed through development and add an additional 10% of habitat on top. Participants discussed the legal agreements and responsible bodies designated by the Defra Secretary of State, as well as concerns about the management of states and estate management companies. The meeting also covered the implications of the Biodiversity Net Gain legislation on new planning for new applications, the off-site market for developers, and the maintenance of sites over 30 years.
Local planning authorities to enforce biodiversity net gain requirements and monitor compliance over 30 years.
Town and parish councils to identify potential local biodiversity gain sites and contribute to local nature recovery strategies.
Defra to follow up with Ministry of Housing, Communities and Local Government regarding coordination between biodiversity net gain and leasehold reform.
Local planning authorities to use powers to backdate baselines if unauthorized site degradation occurs before planning applications.
Developers to submit biodiversity gain plans and habitat management/monitoring plans when applying for planning permission.
Natural England to maintain public register of off-site biodiversity gains to prevent double-counting.
Local authorities to consider viability and local needs when setting biodiversity net gain requirements above 10% minimum.
Biodiversity Net Gain and Environment Act
Andrew and Graham welcomed participants to the meeting, emphasizing the importance of adding their location or representation to their Zoom names for better tracking. They also encouraged the use of the chat feature for questions and answers. The meeting featured a presentation by Gabriella, a policy advisor at Defra on Biodiversity Net Gain. Participants from various locations, including Kent, Surrey, Lancashire, and South Staffordshire, shared their experiences and updates on their respective areas. The conversation ended with a discussion on the Environment Act 2021 and its implications for Biodiversity and Habitats.
Biodiversity Net Gain and Development
Gabriella discussed the concept of Biodiversity Net Gain (BNG), an approach to development and land management that aims to leave nature in a better state than before development. She explained that BNG is a new planning condition, mandatory for major developers since February and for small sites since April. It requires developers to replace habitats destroyed through development and add an additional 10% of habitat on top. BNG can be achieved through various methods, including creating more habitat or delivering habitat of a higher quality. Gabriella also discussed the role of town and parish councils in BNG, emphasizing that while they are not statutory consultees, they can be consulted and comment on applications involved in BNG. She suggested that local councils could identify local game sites to contribute to local nature recovery strategies. A case study of a residential development near Rugby was presented as an example of BNG in action.
BNG Guidance, Legal Agreements, and Management
In the meeting, Gabriella provided resources for the Bng guidance collection on gov.uk and the Bng blog. She also mentioned the importance of securing habitats through legal agreements for 30 years. Madeline and Aemelia discussed the legal agreements and the responsible bodies designated by the Defra Secretary of State. Amanda raised concerns about the management of states and estate management companies, suggesting a potential perverse incentive issue. She proposed a collective look at this issue, which Aemelia agreed to follow up on separately. Graham and Julie also participated in the discussion.
De Minimis Rule and Habitat Preservation
Julie and Gabriella discussed the de minimis rule in relation to habitat preservation. Gabriella explained that if a development affects a small amount of a habitat, such as modified grassland, it would be considered for Bng. Julie raised a concern about the impartiality of ecologists working for developers, to which Aemelia responded that the use of a standardized statutory biodiversity metric should reduce the risk of abuse. Aemelia also mentioned that funding has been provided to local planning authorities to employ ecologists and boost their skills. John Payne raised a question about the applicability of Bng to existing agricultural industrial units, to which Aemelia responded that Bng is about measuring the impact on habitats directly and applies to planning permissions granted since Bng came into force, unless they fall under an exemption.
Biodiversity Net Gain Planning Concerns
Aemelia and Mervyn discussed the implications of the Biodiversity Net Gain (BNG) legislation on new planning for new applications. Mervyn expressed concerns about the lack of teeth in the legislation, the potential for habitat destruction, and the drive to build more houses. He also questioned how Aemelia and her team would work with the planning inspector on these issues. Aemelia responded by explaining that BNG is now a statutory requirement and that developers must deliver a 10% net gain. She also outlined the process of submitting a biodiversity gain plan to the local planning authority and the importance of maximizing on-site gains.
Developer Market and Statutory Credits
Aemelia discussed the off-site market for developers, explaining that it is a national market with gains delivered either in the local authority area or the national character area. She noted that the impact of these gains is worth more to the development if they are delivered locally. Aemelia also mentioned that statutory credits are the last resort option and are deliberately priced to be expensive to incentivize people to use other options first. Mervyn expressed concerns about the lack of teeth in the legislation to control developers' focus on profit and the potential impact of planning reforms. Cllr raised concerns about the degradation of baselines and the responsibility of the local planning authority (LPA) for monitoring BNG for 30 years, especially for remote sites. Aemelia responded by explaining that local authorities have powers to backdate the baseline if there has been unauthorized degradation of a site prior to the planning application being submitted.
Local Authorities' Monitoring Cost Responsibilities
Aemelia clarified that local authorities are expected to charge for monitoring costs through legal agreements, such as Section 106 or conservation covenants. She acknowledged that this is a new responsibility for local authorities and suggested that software systems could streamline the process. Aemelia also mentioned that safeguards against developers going bankrupt could be included in the legal agreements. Claire Deruty raised concerns about site degradation before planning applications and the difficulty of establishing a baseline. Aemelia suggested that local authorities would make their best assumptions based on available evidence. Lisa expressed concern about the council's attitude towards building on priority habitats, such as chalk grassland, and the lack of concern for the impact on species like the lapwing and round hair streak moth.
Developer's Biodiversity and Flood Mitigation
Lisa discussed a developer's plan to increase biodiversity and flood mitigation, but expressed concerns about the maintenance of the project after 30 years. Aemelia clarified that the developer would need to deliver a 10% net gain in habitat, and that the trading rules for habitat compensation would ensure similar habitats are created. Andrew emphasized the importance of engaging local communities in environmental initiatives and suggested conducting a bio blitz to identify local wildlife. Colin asked about the possibility of a higher level of biodiversity net gain through a neighbourhood plan, to which Aemelia responded that local authorities can set a higher percentage through their local plans, but 10% is the statutory minimum.
Site Maintenance and Biodiversity Concerns
Madeline raised concerns about the maintenance of sites over 30 years, questioning whether they would be left to natural succession and if this would lead to a loss of biodiversity. Aemelia clarified that a habitat management and monitoring plan would be submitted alongside the game plan, setting out how the habitats would be maintained and monitored. Gabriella added that surveys for biodiversity net gain should be carried out during the peak botanical season. Graham asked about any instances where developers had been held accountable for not fulfilling their obligations under the act, to which Aemelia responded that it was too early to see any such instances. Andrew raised a question about the use of off-site net gains, to which Aemelia confirmed that there is a register for off-site gains. Graham thanked the presenters and encouraged everyone to review the slides and video from the presentation.
Chat:
00:00:58 Anne Boswell: I have an issue with my sound - need a new laptop
00:07:38 Maggy Howells: Hi everyone! Apologies, I'm in a van...not driving! I'm from Salesbury a small parish in Lancashire. Here to listen in, but probably not speak due to background noise
00:11:22 Claire Matthes: Hi, I'm a Haslemere (Surrey) Town Councillor. I'm also currently doing a Field Studies Council BNG for Reviewers course.
00:12:53 mervyn head: Hi Mervyn Here from Central Lincolnshire where I am a District Councillor for North Kesteven District Council.
00:13:57 Jenny Barna, Ditchling, East Sussex: I am a parish councillor and belong to various networks locally and nationally
00:15:01 Louis Hollobon - Shipbourne PC - Kent: Hi, I'm Louis, a Parish Councillor at Shipbourne, near Kent. Unfortunately my computer doesn't have a camera, so I won't be able to enable my video!
00:15:11 Anne Boswell Marden PC: Marden Parish Council currently updating its Neighbourhood Plan but without creating new policies and going to referendum. We've got a policy on Biodiversity and Habitats but needs amending re the Environment Act 2021 bla bla bla
00:15:51 Keith Elder: Apologies but I can't find where to add to my name. But I am from Perton Parish Council which is in South Staffordshire, on the Wolverhampton borders.
00:17:04 Sue Cooper (FeockEco group nr truro Cornwall): Hi All I'm sneaking in as an ex parish Cllr - respect to all of you who are keeping up the good battle. I'm still in our eco group and we are hoping to revive our nature 'recovery' initiative with the eco group rather than battling the status quo in the PC... and hoping to have more impact on encouraging people to keep the nature we have rather than just planting saplings and putting up bat boxes... cynical about BNG having been on planning committee for a few years
00:17:53 Alison Bruce Forest of Dean district councillor and West Dean Pa: I was just looking up Manda Brookman - what's she doing now?
00:21:17 Sue Cooper (FeockEco group nr truro Cornwall): Replying to "I was just looking u..."
still working with cornwall council I think and doing lots locally - tireless battler!
00:22:06 Sue Cooper (FeockEco group nr truro Cornwall): Replying to "I was just looking u..."
as in working alongside CC not for!
00:23:04 Alison Bruce Forest of Dean district councillor and West Dean Pa: Hence CC's great climate stuff
00:23:54 John Payne Forest of Dean: We have a Feedmill, in the Forest of Dean that supplies 85% of the feed to the Egg producing IPUs in the Wye Catchment area. It keeps trying to expand. It generates traffic into the FOD of about 60 HGVs of 44 tonnes/day.
00:24:08 Amanda Davis: Cllr Amanda Davis, CNL and Botw parish council
00:24:51 Amanda Davis: Replying to "Cllr Amanda Davis, C..."
Cotswolds National Landscape CNL
00:25:38 Amanda Davis: Replying to "Cllr Amanda Davis, C..."
Bourton on the Water parish council
00:28:34 John Payne Forest of Dean: The feedmill is adjacent to a Bat SSSI, the two main ecological tourist attractions in the FOD and woodland classified as Rare Temperate Rainforest. Firstly the unit applied for planning application before the BNG deadline.
00:29:42 Alison Bruce Forest of Dean district councillor and West Dean Pa: Hoping we'll get a copy of these slides please?
00:30:13 Andrew Maliphant, The Great Collaboration: Replying to "Hoping we'll get a c..."
Yes
00:30:21 Graham Stoddart-Stones - great collaboration - Isle of Wight: Yes, all presentations are published later on our wiki
00:30:51 John Payne Forest of Dean: Secondly they take no notice, for example built huge poultry sheds without applying for planning. They are are also responsible for devastating the Wye with their products, how can we apply BNG on an ongoing basis
00:31:26 Andrew Maliphant, The Great Collaboration: SLCC have posted a simple guide to BNG on their climate action webpage at https://www.slcc.co.uk/biodiversity-net-gain-requirements/
00:33:03 Sue Cooper (FeockEco group nr truro Cornwall): lots of things we can do but not a lot developers have to do. Sadly much more notice taken of appeals inspectors than BNG requirements esp with regard to pre-clearance of sites before applications are made. V v difficult to get evidence for that
00:33:32 Alison Bruce Forest of Dean district councillor and West Dean Pa: Our local enforcement officers are overwhelmed with work so developers potentially can get away with murder
00:33:57 Claire Deruty; Kelsall Parish Council, Cheshire: Reacted to "lots of things we ca..." with 👍
00:37:15 Madeline Fraser Buckden (Cambs) PC: Local enforcement officers being overwhelmed seems to be a problem across the country. By the time they act, the damage has been done.
00:40:35 Claire Deruty; Kelsall Parish Council, Cheshire: Can’t seem to raise hand. Question: is there any checking that developer is not abusing the De Minimis exception?
00:41:06 Sue Cooper (FeockEco group nr truro Cornwall): apologies I have to go. Look forward to the recording. Thank you all for organising this.
00:41:50 Anne Boswell Marden PC: As I understand it, the Environment Act states its a criminal offence if a developer/management company is in breach of 10% BNG. We have asked residents to keep a watchful eye on any new developments on whether they have fulfilled their BNG commitment.
00:41:57 Claire Matthes Haslemere Town Councillor (Surrey): Ecologists that I know have high standards of professionalism
00:42:46 Louis Hollobon - Shipbourne PC - Kent: That's interesting, thanks for clarifying.
00:42:50 Claire Deruty; Kelsall Parish Council, Cheshire: Question. Who is responsible for assessing the actual BNG gain delivered, against the promises? Hope it’s not the LA - ours has no budget!
00:43:17 Madeline Fraser Buckden (Cambs) PC: Is there anything in the metric which requires surveys to be done at several times during the year?
00:51:06 John Payne Forest of Dean: I am really sorry to learn that he impact of the feed mill unit will not be able to mitigate or stop damage via BNG to adjacent woodland and the impact of 25000 tonnes of feedstock to IPUs the river Wye Catchment area.
00:51:41 Alison Bruce Forest of Dean district and parish councillor: But, I suspect, not surprised...
00:54:10 Lisa Scott, Charlwood Parish Council: A local development allowed on appeal, is on (flood plane) chalk grassland, they are meeting the (20% in our LP) BNG partly by adding a reed bed (also ticking the flood mitigation box) but they are only maintaining for 30 years but removal of this designated priority habitat (lapwing and brown hairstreak)
00:55:17 Amanda Davis: Reacted to A local development ... with "😟"
00:56:18 Amanda Davis: Chalk grassland degradation is unforgiveable. Who is stopping these going through on Appeal please Aemelia?
00:58:33 Lisa Scott, Charlwood Parish Council: LAs can use googlemaps historic satalite images
00:58:55 Claire Matthes Haslemere Town Councillor (Surrey): We've used a Google maps photo. It was very obvious in this circumstance
01:01:10 Claire Deruty; Kelsall Parish Council, Cheshire: Reacted to "We've used a Google ..." with 👍
01:02:25 Lisa Scott, Charlwood Parish Council: Reacted to "We've used a Google ..." with 👍
01:03:40 Claire Matthes Haslemere Town Councillor (Surrey): Our town council have recently had a biodiversity baseline audit done of our land holdings 01:04:16 Amanda Davis, Cotswolds National Landscape: Claire, who undertook that for you and how did you fund it please?
01:04:22 Claire Matthes Haslemere Town Councillor (Surrey): Happy to share how we went about this
01:04:41 Alison Bruce Forest of Dean district and parish councillor: 👍
01:04:44 Madeline Fraser Buckden (Cambs) PC: I agree with Andrew Bioblitz and Citizen Science are great ways to do surveys and involve your local community. Using I-Naturalist to record things is very good
01:05:03 Lisa Scott, Charlwood Parish Council: Reacted to "Happy to share how w..." with 👍
01:05:09 Anne Boswell Marden PC: Marden have a vibrant wildlife group/farmer cluster and fortunate to have a number of experts as we have a number of red listed birds etc. here and two SSSI sites. This is helping us with planning applications and they spoke at an inquiry last week with their evidence.
01:05:27 Claire Deruty; Kelsall Parish Council, Cheshire: Can a LNRS be on a privately owned site
1:05:32 Andrew Maliphant, The Great Collaboration: Guidance on a bioblitz Run your own BioBlitz | The Natural History Consortium
01:06:08 Lisa Scott, Charlwood Parish Council: Reacted to "Guidance on a biobli..." with 👍
01:06:26 Claire Matthes Haslemere Town Councillor (Surrey): Replying to "Claire, who undertoo..."
ALyne Ecology, funded by CIL
01:06:33 Louis Hollobon - Shipbourne PC - Kent: Replying to "Marden have a vibr..."
Having visited Marden recently, I imainge you've become or will become quite familiar with these systems, given the housing developments already taking place in Marde.
01:07:18 Andrew Maliphant, The Great Collaboration: There may be existing survey information for your parish that is held at your local environmental record centre ALERC - Association of Local Environmental Records Centres - Home
01:10:12 Anne Boswell Marden PC: Replying to "Marden have a vibran..."
All the developments were built prior to the Environment Act but we're on the case with ongoing developments - there's one at Inquiry at the mo but we know it'll go through. We've just got the LPA to slap TPO's on the trees and hedgerows on the site where there's also yellowhammers and elusive Turtle Doves etc.
01:12:52 Madeline Fraser Buckden (Cambs) PC: My concerns about off site BNG is the loss of habitat and wildlife corridors that are destroyed by the development which will cause a knock on effect for wildlife within the area.
01:13:07 Gabriella Hayes: Search the biodiversity gain sites register - GOV.UK
01:13:44 Madeline Fraser Buckden (Cambs) PC: These sites, such as the chalk grassland mentioned, are irreplaceable
01:14:02 Kirsten Newble Cambridge Carbon Footprint: Thank you both.
01:14:09 Jacky Lawrence, Napton, Warwickshire: thank you
01:14:20 andrew towlerton - SLCC & Ecclesfield PC: Thank you, very helpful
01:14:25 Madeline Fraser Buckden (Cambs) PC: Thank you both for your time and explanations, very helpful
01:14:39 Cathy Wynne - Hildenborough Kent: Thanks very interesting
01:14:43 Anne Boswell Marden PC: Thank you all - really interesting
01:14:55 Claudine Pearson: Olympic Sailor!
01:15:00 Louis Hollobon - Shipbourne PC - Kent: Thanks
