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Biodiversity Net Gain August Update: New Horizons for Sustainable Development

Cara Clarke • August 5, 2024

In the quest for sustainable development, the concept of biodiversity net gain has emerged as a pivotal strategy, aiming to leave the environment in a better state than before a development has taken place. Recent updates to the Statutory Biodiversity Metric and the introduction of a formal appeal process for biodiversity gain plans mark significant milestones in this journey. This article looks into these developments, shedding light on their implications for developers and landowners.


The Appeal Process: A Pathway to Resolution


Recognising the potential for disagreements between developers and Local Planning Authorities, the government has established a clear appeal process under section 78 of the Town and Country Planning Act. This mechanism allows developers to appeal to the Secretary of State if their biodiversity gain plan is refused or fails to be determined within the stipulated time frame. Such appeals are handled by the Planning Inspectorate, providing a structured pathway for resolution.


Developers have six months from the date of refusal or the deadline for determination to submit an appeal. This process underscores the government's commitment to facilitating dialogue and ensuring that biodiversity net gain objectives can be met through collaborative efforts.



Enhancements to the Statutory Biodiversity Metric


The Statutory Biodiversity Metric has also been refined to offer greater clarity and precision in assessing biodiversity impacts. Key updates include:


  • User Guide Clarifications: Detailed guidance on strategic significance categories, intertidal habitat restoration, phased construction, and spatial risk multipliers. This ensures a comprehensive understanding and accurate application of the metric across various projects.

  • Tool Changes: Introduction of mandatory fields for completion details and adjustments to calculation methodologies. These changes aim to enhance user experience and ensure precise biodiversity unit calculations.


  • Focus on Irreplaceable Habitats: Enhanced measures to protect irreplaceable habitats, including restrictions on enhancements and bespoke compensation options. This reflects a commitment to preserving unique ecological assets moving forward.


These updates signify a move towards a more nuanced and effective approach to biodiversity assessment, facilitating better decision-making in development planning. Please keep in mind that the previously published version of the Statutory Biodiversity Metric still remains as a legally valid option and there is no requirement to move to this newer version at this time.



Conclusion


The recent developments in biodiversity net gain policy and practice in England represent a significant step forward in integrating environmental considerations into development processes. By providing clear guidelines, appeal mechanisms, and refined assessment tools, the government is helping to foster a culture of responsibility and innovation in sustainable development.

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