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Climate change blog - understanding local authorities’ responses to Biodiversity Net Gain

In this month’s climate change blog, David Sutherland, who leads on nature recovery at Buckinghamshire Council, provides an insight into how local authorities are responding to Biodiversity Net Gain (BNG) legislation in a guest blog for ADEPT. 

What is the significance of BNG legislation and how does it affect local planning authorities?

The introduction of BNG into the planning system is one of the big policy changes introduced by the Environment Act 2021 aimed at reversing the decline in nature. It is a fundamental change for both local authorities and developers, but one that is already delivering significant results. 

All planning permissions granted in England, with a few exemptions now must deliver at least a measurable 10% biodiversity net gain. Developers must achieve this by delivering a habitat onsite or, by buying off-site biodiversity units. 

The policy was introduced alongside others within the Environment Act including:

  • a strengthened legal duty for public bodies to conserve and enhance biodiversity
  • new biodiversity reporting requirements for local authorities
  • mandatory spatial strategies for nature in the form of Local Nature Recovery Strategies (LNRS)

Local Authorities are on the frontline of these changes and significant planning has been undertaken to ensure that LAs are as well prepared for the introduction of BNG into the planning system as possible. 

At Buckinghamshire we’ve worked hard to provide training and clear internal processes to deal with BNG requirements from start to finish i.e. validation and processing of applications, dealing with the BNG condition and finally monitoring. We have also provided clear local guidance and templates for developers and local offsite providers to ensure that we are providing a clear framework for local implementation of mandatory BNG.

How does BNG legislation interact with Local Nature Recovery Strategies (LNRS)?

These two key policies have been designed to work together to ensure that the right habitat is being created in the right place, so understanding the link between the two is essential. Local Nature Recovery Strategies will agree priorities for nature recovery and propose actions in spatial locations to achieve them.

LNRS are key to supporting a strategic approach to on and off-site BNG delivery, agreeing evidence-based locations to expand and connect existing habitat/s. The mandatory BNG system also incentivises the creation of habitats in line with spatial priorities of the LNRS, thus ensuring joined-up outcomes for nature.

One challenge is verifying and enforcing the 10% biodiversity net gain target. How is Buckinghamshire Council managing this?

Ensuring that the 10% biodiversity net gain is achieved and maintained over the long term is certainly a challenge.

We’ve developed a framework for monitoring and validating gains both on and offsite for 30 years where legal agreements are put in place and where we are able to charge monitoring fees to help pay for our monitoring resources.

This ongoing monitoring aspect is critical to verify that gains are being delivered as planned and in line with BNG units that have been bought and requires a robust mechanism to track whether these sites are delivering the intended biodiversity benefits. There are several new online software platforms that make data monitoring and reporting much simpler for local authorities. 

There is still a need for further national guidance on how to effectively monitor and enforce especially in relation to onsite BNG secured by condition.

How are local authorities dealing with the complexity of offsite biodiversity units and habitat banks?

The availability of local offsite Biodiversity Gain sites is key to the successful delivery of mandatory BNG, and developers need access to purchase BNG units as close as possible to their development.

A S106 or a conservation covenant are the two mechanisms to legally secure an offsite BNG site, and required to get onto the national register.

Buckinghamshire Council realised the need to be proactive in helping facilitate the timely development of our local market, ensuring the local offsite BNG sites are:

  • located in the right place in line with our emerging LNRS
  • achieving the best outcomes for biodiversity in Buckinghamshire
  • are being operated and monitored to the correct standard

As a result, we have created an offsite BNG/habitat bank regulation service; a paid for initiative to help set up and regulate the legal agreement associated with an offsite BNG site.

Two habitat bank sites have already been secured in Buckinghamshire in this way and are now on the national offsite BNG register. Other sites are under advanced discussion with the aim being a variety of offsite sites delivering the BNG units that local developers will require. We envisage these legal agreements should take 4-6 months to put into place, assuming all the required information has been submitted.

These offsite habitat bank sites are already delivering landscape scale biodiversity improvements, with the right habitat in the right place, as a direct result of BNG. 

What are some of the early challenges with BNG?

Further work is required to clarify and tighten up the exemptions and simplify some of the processes. Further support in enabling the offsite market to develop across the Country, and guidance on how local authorities can utilise their own landholdings is also required 

We also need recognition that sometimes offsite BNG improvements may be delivered outside of a particular authority’s boundary. However, if this is in accordance with the strategic objectives of the locally agreed LNRS then clearly this is contributing to a wider vision of nature’s recovery. 

The resourcing of local authorities to deliver BNG is also a key issue and funding beyond 2024/25 is still yet to be confirmed by the government. The current system is reliant on ecological resources being in place and it takes time to recruit, train and build this.

Is BNG driving real nature recovery?

BNG is a clearly a major step in the right direction, however it was always designed to be one part of the delivery mechanism. 

We are already seeing large scale landscape improvements in the right place as a direct result of offsite BNG legal agreements. It has also been positive to see how developers are adapting and preparing for the new BNG requirements. 

What BNG advice would you give to other local authorities?

My advice is to use all the guidance and support that has been provided to LPAs by the Planning Advisory Service (PAS). There is a wealth of support and sharing of best practice on their website as well as an online BNG forum for LPAs to ask questions etc. PAS has now provided clear legal agreement templates that all authorities can use for different scenarios to secure BNG for the required 30 years.

I would also advocate creating clear local guidance for developers, setting up mechanisms for tracking and monitoring biodiversity gains, and engaging with landowners and habitat banks providers early-on to establish potential offsite biodiversity units. We have found that having locally focussed templates, clear guidance and legal agreements in place has expedited the process. 

That’s not to say there aren’t teething problems, but from a planning system that was incrementally losing biodiversity, this is a major positive change for the better and one where we should grasp the opportunity to deliver major change.

Further information 

Author 

  • David Sutherland, Planning, Growth and Sustainability – Buckinghamshire Council.
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