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ID sylw: 107911

Derbyniwyd: 07/03/2025

Ymatebydd: TERRA

Asiant : Lichfields (Birmingham)

Paragraph 33 of the NPPF is clear that Local Plans should demonstrate how plans have
addressed relevant economic, social and environmental objectives, which includes
opportunities for net gains. Furthermore, Paragraph 187(d) of the NPPF states that
planning policies should contribute to and enhance the local and natural environment by
“minimising impacts on and providing net gains for biodiversity…”. However, the PPG is
clear that:
“Plan-makers should not seek a higher percentage than the statutory objective of 10%
biodiversity net gain, either on an area-wide basis or for specific allocations for
development unless justified. To justify such policies they will need to be evidenced
including as to local need for a higher percentage, local opportunities for a higher
percentage and any impacts on viability for development. Consideration will also need to
be given to how the policy will be implemented.” (PPG ID: 74-006)
2.114 Terra supports the inclusion of compensatory measures, including biodiversity offsetting
(i.e. BNG). Whilst it is recognised that the SWAs are at the early stages of plan-making, at
present, Terra is concerned that the SWAs may seek to make provision for a policy that
deviates from the requirement of a 10% BNG (as set out within the Environment Act 2021)
without providing sufficient justification. No evidence on this matter is proposed within the
documents listed in SWLP’s Technical Evidence ‘Future Work’ section to support the
SWLP, other than the ‘Site Delivery & Viability Studies’.
2.115 Whilst – in principle – the SWAs are within their right to deviate from the Environment Act
2021 where evidence justifies a higher requirement as per NPPF paragraph 32 and the PPG,
it is Terra’s position that there is currently no sufficient evidence to support this approach,
and as a result, the SWLP could be at risk of being found unsound. In addition, were the SWAs only able to justify a 10% BNG requirement – subject to
undertaking the necessary evidence-based work and viability assessment – the
Environment Act (2021) already requires developments to provide a 10% BNG. In this
regard, it would be unnecessary for the SWLP to set a specific BNG requirement through a
specific policy.
2.117 This is because the NPPF is clear that plans “should serve a clear purpose, avoiding
unnecessary duplication of policies that apply to a particular area (including policies in
this Framework, where relevant)” (Para 16f). To this end, Terra considers that a policy that
duplicates the BNG requirements of the Environment Act 2021 would not ‘serve a clear
purpose’, nor avoid ‘unnecessary duplication’ as the decision taker would need to have
regard to the requirements of the Environment Act 2021 in any event.