Law firm hosts biodiversity seminar for property specialists in Shrewsbury
Law firm Aaron & Partners welcomed more than 40 people to the exclusive seminar at Shrewsbury Town Football Club.
The discussion at the event covered legislative changes made as a result of the Government’s introduction of the 10% Biodiversity Net Gain (BNG) requirement.
These new laws, which came into effect in February, are designed to offer more protection to habitats and wildlife across England. However, there is concern that the reforms could add significant costs and delays to construction projects.
Led by the Planning, Environmental, Energy & Regulatory team at Aaron & Partners, the seminar explored many of the pros and cons, offering advice for property professionals and landowners on how they can navigate the changes successfully.
Planning Partner Mark Turner, said: “Biodiversity Net Gain is not a new concept. It has been around for a while, and initially came about as a result of the decline in UK wildlife.
“Until recently, there has been no minimum legal requirement for BNG. However, in 2019, the Government announced that it would set a minimum BNG requirement in The Environment Act 2021, requiring developments in England to deliver at least 10% BNG, and this is to be maintained for at least 30 years. The requirement is additional to existing protections, such as for newts or bats.”
As part of the new law, developers now need to ensure that the biodiversity score of the site after development is at least 10% higher than the score before development. Planning permissions will be granted subject to a condition that requires approval from the local authority of a biodiversity gain plan.
"While there is a lot of opportunity – mainly for landowners, the new regime also imposes a great deal of additional responsibility on developers," added Mark.
"Most local authorities will require developers to enter into a legal agreement, known as a section 106 agreement, to secure delivery of the plan. So, in addition to the extra build costs, the expense associated with instructing ecologists, and lawyers to advise on these new agreements will be significant."
