All new development will have to be “nature-positive” the government has said, confirming that biodiversity net gain requirements will come into force later this year.
The regulations will require a 10% improvement in biodiversity at all new housing, commercial and infrastructure developments, the government response to its consultation confirms.
Draft legislation is due to be published later in 2023, with further stakeholder engagement taking place on implementation before biodiversity net gain becomes mandatory in November.
See also: The countdown to biodiversity net gain requirements
Yesterday the government also published guidelines stating that “developers will be required to demonstrate how they are replacing and improving biodiversity”, with “biodiversity metric trading” rules requiring that any habitat affected within the boundary is replaced on a “like for like” or “like for better” basis.
Biodiversity improvements on site will be encouraged, but in circumstances where they are not possible, developers will be able to pay for improvements on other sites elsewhere by purchasing “units” via a private, off-site market. A government-run statutory credit scheme is being set up which developers will be able to access as a last resort.
However, smaller sites will not have to comply with the rules until a transition period ends in 2024. Exemptions have been made for developments such as self-build homes “to ensure implementation is targeted towards developments which would generate the most impact”.
Small sites in this case means fewer than nine homes on a site of less than one hectare, or a greater number of homes on a site of less than half a hectare. For commercial development, any scheme of less than 1,000 sq m or on a site smaller than one hectare will be considered “small”.
Ministers have also agreed £16m of funding for local planning authorities and guidance to support the new approach.
Environment secretary Therese Coffey said: “Biodiversity net gain will ensure new developments work for both wildlife and people by creating nature-rich places whilst ensuring that communities get the new homes they need.”
Levelling up secretary Michael Gove added: “We want to make sure developers enrich local wildlife when delivering new homes and infrastructure across the country.”
Tony Juniper, chair of Natural England, said: “There are many good examples of biodiversity net gain in action, with many developers already embracing it. We will continue to support developers, land managers and local authorities to create sustainable developments that both enhance nature and provide beautiful and healthy places for people to live.”
The regulations were endorsed by Berkeley Group chief executive Rob Perrins. Berkeley’s decision to introduce biodiversity net gain at its developments, before the regulations come into force, has been welcomed by ministers.
Perrins said: “Biodiversity net gain will be an important step forward for our industry, ensuring new developments support nature’s recovery and create the healthy and sustainable places local communities need. Putting this into practice on 49 sites has been a hugely positive experience for Berkeley Group and we know that the benefits far outweighed the challenges involved.”
See also: Berkeley’s Rob Perrins on why real estate needs to show its wild side
Nicola Johansen, group biodiversity manager at Redrow, said: “We welcome the introduction of biodiversity net gain, something that Redrow has been championing for a number of years across our developments as part of our wider Nature for People strategy and placemaking principles.
“When embraced, net gain not only benefits nature, but also the wellbeing of customers and local communities who live near and enjoy these nature-rich spaces. We eagerly await the details of the secondary legislation to enable us to continue our preparations effectively.”
However, the UKGBC’s Simon McWhirter said the response from ministers could have gone further. Ministers had “missed the opportunity” to outline how biodiversity net gain could develop into a broader concept of “environmental net gain”, he said.
“By extending the transition period for small sites until April 2024, the government risks removing up to 100,000 developments a year from the scope of biodiversity regulations – impeding nature’s recovery instead of supporting the industry with the clear, stable demand called for by Chris Skidmore MP to secure green growth.”
The government said it would be publishing other guidance in phases throughout spring.
To send feedback, e-mail piers.wehner@eg.co.uk or tweet @PiersWehner or @EGPropertyNews
