Local authorities not ready for BNG regs

Local authorities have been slow to react to biodiversity net gain regulations, with just five having section 106 agreement templates for them in place, according to law firm BDB Pitmans. The company sent freedom of information requests to 317 local authorities and 10 national park authorities and found that only Buckinghamshire Council, Devon County Council, Dorset Council, Warwickshire County Council and the Broads National Park have landowners’ s106 agreements in place, with a further 25 saying they are in the process of introducing them. Landowners looking to develop land are now required to obtain either a s106 agreement from a local authority or a conservation covenant with a registered third-party. BDB Pitmans said hesitancy from local authorities in creating s106 templates highlights a lack of readiness which could act as a handbrake on development. BDB Pitmans partner Angus Walker said: “Local authorities have had quite some time to prepare for the BNG regime and it will be of concern that so few are at a point that developers and landowners would expect. “With local authorities expecting some 19,000 applications a month with a BNG obligation, this lack of readiness will inevitably slow down an already challenged planning process.” BNG rules stipulate that any development must result in a 10% uptick in biodiversity, either onsite or off. It became a requirement for larger developments on 12 February this year, and on smaller sites from 2 April. In total, 315 of the 327 authorities responded to the FOI request, which also found that 128 of them have named biodiversity officers in place, with the remainder aiming to cover the issue through existing planning officers. The BPF has previously warned that planning authorities do not have the resources to implement BNG effectively.  Photo © Anton Atanasov/Pexels