14 Mar Supporting Professional Development: In-depth Biodiversity Gain Training with Freeths LLP
The Environment Act 2021 and associated secondary regulations, introduce a major change to the planning process for major development in England mainly through significant amendments to the Town and Country Planning Act 1990 (T&CPA.) It will take time for all stakeholders to appreciate and successfully incorporate the new requirements and processes into development applications and decision making. To ensure that BSG remains ready to give informed, objective and clear advice to our clients, all our ecologists recently completed biodiversity gain training led by Penny Simpson, Partner and Head of Environmental Law at Freeths LLP.
Overview of the regulations in relation to planning
Taken together, the legislative requirements mean that all planning applications for major developments in England submitted from 12 February 2024 must deliver a biodiversity gain. Development needs to give rise to at least a 10% uplift to the pre-development baseline using a statutory biodiversity metric to measure the value. The biodiversity gain can be on and/or offsite and, in most situations, it is anticipated that the biodiversity gain will need to be secured for 30 years. Onsite biodiversity gain is also to be secured for 30 years if it is considered to be significant onsite habitat creation or enhancement for which there is a low threshold to qualify.
There are significant reporting requirements throughout the planning process and delivery of development which may potentially be complex for our clients where there is interaction between multiple bodies who will ‘sign off’ the various reports, including for example with Natural England in their role as the national Register operator for offsite biodiversity gain registrations, allocations and recording.
Early and effective collaboration between the developer, their professional teams and the local planning authority plus potential offsite habitat bank providers will be critical to help manage the new requirements smoothly throughout the planning process. Understanding local planning authority requirements means that we can seek to provide as much helpful information upfront to aid local planning authority engagement and decision making.
Typically, the preparation of a planning application for a qualifying development will involve more ecological input and take longer to prepare. Sufficient information will need to be provided to the local planning authority to help them meet their extended duties and responsibilities plus any local level validation requirements. It is essential that developers allow for this additional time as part of their plans and programmes to avoid disappointment.
Training led by Freeths
The training provided an overview of how mandatory biodiversity gain has emerged, originating from the Lawton Review, and a thorough and detailed insight into the application of the mandatory biodiversity gain requirements.
Penny covered the local planning authority’s role in determining T&CPA 1990 mandatory biodiversity gain planning applications and discharging the mandatory biodiversity gain general planning condition which applies to T&CPA 1990 planning permissions. There was extensive discussion of site registry and policing of landowners responsible for offsite biodiversity gain sites. There was also discussion around current and hypothetical future projects and the terminology / phrasing used in T&CPA 1990, guidance and local policy.
The training helps us and, by doing so, our clients be aware of when they may need to take further advice from other professionals alongside their ecologists, particularly planning and legal professionals.
Feedback on the training session was very positive.
Kirsty Kirkham, Director said “The training will help us critically review our client’s proposals, provide informed advice throughout the project and identify opportunities / constraints early in the design process. This sort of training is invaluable to our people and their professional and personal development.”
Rachel Potter, Principal Ecologist commented: “This training has given the whole BSG team the opportunity to learn together, question the process, interrogate terminology and discuss the practical application of mandatory biodiversity net gain through all stages of development application and delivery.”
Penny Simpson of Freeths LLP said “BSG Ecology asked for the legal training as they are keen to be ahead of the game in relation to the complex legal changes to planning applications and determinations from Mandatory BNG. The whole BSG team was really engaged in the topic asking very informed questions and showing that they already had a good understanding. With the checklists and other materials we provided they will now be well equipped to advise their developer and landowner clients on Mandatory BNG”
If you would like to discuss your development’s requirement for biodiversity gain and how you might take your site forward successfully, please contact one of our offices.