Shropshire Farming Talk: Biodiversity Net Gain – a brief summary
Recent amendments to planning law have now come about to ensure habitat is better protected when development takes place.
In short, Biodiversity Net Gain (BNG) is a way to contribute towards the improvement and restoration of natural habitats.
Theoretically, BNG aims to ensure habitats are left in a quantifiably better state than before a development has taken place.
The recent Environment Act has now made it a legal requirement for developers to deliver a BNG of at least 10 per cent.
However there is debate within some councils if this should be as much as 20 per cent.
BNG will have a profound effect on both the countryside, as well as more urban environments. Subsequently, it will come as no surprise that some landowners are now being contacted by developers looking to offset their nearby developments.
Consequently, if you are a landowner looking to capitalise on BNG requirements, then the following points ought to be of note:
1. Sale – land has become fashionable to sell with commercial / residential overage clauses, however this may not apply to land uplifted in value by a Conservation Covenant.
Landowners in environmentally rich locations, may now wish to reserve this uplift position if selling.
2. Development boundary – should your land be located outside a development boundary, but nearby to allocated sites, it may still have value.
The legislation directs developers to prioritise on-site gains, therefore it is likely developers will option larger areas of land to factor in the provision of BNG.
3. Reinstatement – should the created net gain habitat be destroyed by say fire or flood, the landowner may be required to reinstate the habitat at their own cost.
A site must be secured for at least 30 years from the date habitat enhancement is finished, therefore it would be prudent to identify any insurance availability.
Whilst the above issues may prove tedious, applicants will be tempted by the payments on offer.
For example, Statutory Credits have been trading between £42,000-£650,000 per credit. Therefore offering landowners an alternative revenue stream to replace the soon to be extinct BPS payments.
For advice and guidance, please contact your local Halls Rural Professional Services office for more information call 01743 450 700 or 01562 820880.
by John Smith-Maxwell, Rural Chartered Surveyor at Halls
