Issue - meetings

Cabinet considered a report on the new requirement to provide biodiversity net gain as part of the planning system.  The Environment Act 2021 had introduced a new mandatory requirement for biodiversity net gain in the planning system, to ensure that all new developments increased biodiversity by a minimum of 10%, with this requirement coming into effect from late 2023.

The report highlighted that the proposal to run a Buckinghamshire Council biodiversity net gain scheme was currently paused pending publication of government guidance.  Subject to the guidance this scheme would be brought back for consideration later in the year.  A draft Biodiversity Net Gain Supplementary Planning Document (SPD) explaining how biodiversity net gain could be achieved in Buckinghamshire was attached to the Cabinet report for consideration and adoption.

In addition, the Council has also been developing a Biodiversity Net Gain scheme that aimed to provide a one-stop shop for developers, enabling them to discharge their offsite biodiversity net gain obligations through financial contributions.  Whilst work would continue to develop the proposed scheme, it would be brought back to Cabinet once the Government guidance had been published.  The attached SPD could be adopted at this time without the above scheme being in place.

RESOLVED –

That the Biodiversity Net Gain Supplementary Planning Document (SPD) be ADOPTED.

Cabinet considered a report on the new requirement to provide biodiversity net gain as part of the planning system.  The Environment Act 2021 had introduced a new mandatory requirement for biodiversity net gain in the planning system, to ensure that all new developments increased biodiversity by a minimum of 10%, with this requirement coming into effect from late 2023.  A draft Biodiversity Net Gain Supplementary Planning Document (SPD) explaining how biodiversity net gain could be achieved in Buckinghamshire was attached to the Cabinet report for consideration and adoption.  Having a SPD would aid in implementation of the biodiversity net gain requirements. 

The Council had been developing a Biodiversity Net Gain scheme that aims to provide a one-stop shop for developers, enabling them to discharge their offsite biodiversity net gain obligations through financial contributions. By potentially offering a locally operated scheme to provide net gain offsets, the Council was aiming to help ensure that biodiversity net gain offsets would support habitat

creation and restoration on a strategic scale within Buckinghamshire. However, this

scheme would not be available until further clarification was provided by the Government through the publication of detailed guidance on the implementation of Biodiversity Net Gain by Local Authorities. Whilst work would continue to develop the proposed scheme, this would be brought back to Cabinet separately after taking into account government guidance once published. The attached SPD could be adopted without the above scheme being in place.

In response to a question as to how the 10% gain would be judged, the Head of Climate Change and Environment explained that the Environment Act included a baseline of January 2020 so local planning authorities could go back to the evidence base from that time and use that as the judgement of what the net gain would need to look like.  There was a range of evidence which could be used including, for example, aerial photography of what was there at that time. Moving forward, more accurate data from those sites would become available which would make it more robust.

It was noted that the Environment Act 2021 stated that the net gain would be delivered preferably on-site, or if that was not possible off-site or as a last resort via a new government statutory biodiversity credits scheme. In response to concern being expressed that the biodiversity net gain could be delivered outside of Buckinghamshire, Cabinet were advised that the amount of net gain would be increased the further away it was to be delivered from the site which would make it more expensive and so there would be an incentive to deliver it on-site or as close to the site as possible.   Cabinet were of the opinion that biodiversity net gains should be delivered in Buckinghamshire so that Buckinghamshire residents could benefit from them. 

RESOLVED –

That the Biodiversity Net Gain Supplementary Planning Document (SPD) be ADOPTED.