BASE HEADER

No

ID sylw: 106437

Derbyniwyd: 05/03/2025

Ymatebydd: Porterbrook Mid Leasing Company

Asiant : Planning Prospects

The draft policy direction requires all development proposals to achieve a minimum of 10% BNG (or any higher percentage mandated through local or national policy / legislation) unless a development is exempt. This duplicates the general biodiversity gain condition requirement (as set out in schedule 7a of the town and country planning act 1990 (as amended). In England it is mandatory (under schedule 7a of the town and country planning act 1990 (as inserted by schedule 14 of the environment act 2021) that developers must deliver a BNG of 10% unless the development meets one of the listed exemption criteria. This means that development (that is not exempt) will result in more of better-quality natural habitat than there was before the development. However, the draft SWLP policy direction 38 goes on to say that as work on the local plan progresses, the councils will explore evidence to seek a higher percentage of BNG above the statutory 10% requirement to achieve greater biodiversity benefits. The current requirement for a minimum of 10% BNG is already a significant barrier for some development proposals to achieve, and in some cases makes development unfeasible and unviable. With this in mind it would not be justified or effective for policy to require a higher percentage of BNG where the existing policy (and legislation) already enables a higher percentage where possible. In conclusion, Porterbrook considers that it is unnecessary for policy to require a higher % provision over and above the statutory requirement because the statutory requirement, and indeed the draft policy direction, already includes a minimum 10% net gain requirement and therefore allows a higher percentage of net gain in habitat provision where possible.