Green Spaces & Urban Habitats
Green Spaces & Urban Habitats Feature
Winning strategies for biodiversity
Managing open spaces is much more than cutting grass and collecting litter and with the introduction of Biodiversity Net Gain (BNG) legislation in January, it has become even more complex. In this article, David King of Meadfleet, explores the challenges BNG brings and the solutions available
W
here local authorities and housing associations are involved in the establishment of private or mixed tenure residential development, they must ensure appropriate solutions are secured for the ongoing
management of open spaces on these schemes.
THE COMPLEXITIES In January 2024 it became mandatory under Te Environment Act 2021, that all planning applications of nine units or more must produce at least a 10% upliſt in biodiversity. With the aim of creating a strategic nature recovery plan to leave the natural environment in a better condition. As there will always be a loss of biodiversity from construction, housebuilders have three options: providing onsite net gain within the development; offsite solutions; or the purchase of statutory credits from Natural England. It is likely that a combination of these solutions will be required to achieve the necessary gains. Developers cannot pick whichever option suits them for each new scheme.
Te legislation stipulates a hierarchy with onsite solutions the primary option, then offsite, and finally the purchase of statutory credits is a last resort. It will need to be demonstrated that a solution is unachievable before moving to the next option. With onsite net gain the primary solution, most developments will
incorporate more extensive and complex habitats within their green infrastructure, requiring suitable long-term management. Tis has its own challenges depending on the scale of open space available and the impact this has on the developable land.
Te marketplace for the purchase of offsite units generated by third party
landowners is currently unclear with no formal central database, and the Natural England Biodiversity Net Gain Register being used purely for registering a development’s allocated offsite units. It is unlikely there will be local offsite units available for all requirements
from the outset. Buying and selling units across local planning authority (LPA) boundaries will be inevitable which will increase costs as penalties are incurred when units are outside the LPA. Alternatively, there is an option for housebuilders to buy offsite land to generate the required credits and appoint a suitable management organisation to deliver the biodiversity improvements over the 30-year period. Te statutory biodiversity credit scheme aims to ensure that the pace of
development in England is not impacted by the new legislation, offering a costly last resort solution. With prices starting at £42,000 plus VAT per credit, is this a viable solution even in the short term? Te additional requirements are certainly a challenge and will impact the viability and speed of housing developments.
LIFETIME MANAGEMENT MODEL Tere will no doubt be concerns in the marketplace regarding the long-term responsibility of a 30-year covenant and selecting the right management model to entrust with the new requirements. Tere is a need for a lifetime management solution that can take on the liability and complexity of the requirements involved. Tere are already many
46 | HMMFebruary/March 2024 |
www.housingmmonline.co.uk
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
