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ID sylw: 108091

Derbyniwyd: 07/03/2025

Ymatebydd: Seven Homes

Asiant : Pegasus Group

The Environment Act 2021 stipulates developments must provide a Biodiversity Net Gain of at least 10%. Our client affirms there is no need for a policy in SWLP Part 1 which duplicates this statutory requirement. It would be sufficient and consistent with the NPPF to state that a net gain will be sought in accordance with latest statutory requirements. These may change over the plan period.

If the Councils seek to specify a requirement greater than 10% this will need to be fully supported by the latest evidence to ensure the policy is justified. This evidence is currently unavailable. This approach could result in negative effects with regards to SA Objectives 9 (Housing) and 13 (Economy) due to impacts on costs and viability. This should have been recognised in the SA. It potentially requires more land to deliver the BNG, meaning sites need to be larger. It is considered the Council should not establish standards which go beyond the statutory requirements.

Any biodiversity policy should be drafted to provide as much flexibility as possible. The policy direction recognises this, which is supported. The test is whether 10% is delivered, not the method. As set out in the Environment Act, gains can be provided through enhancing biodiversity on site, a combination of on and off-site delivery (with the latter on land owned by the developer outside of the red line boundary, or through the purchase of off-site biodiversity units), or, alternatively, biodiversity credits can be purchased. The way in which ‘net gains’ are calculated must be carefully considered and a pragmatic view should be taken in terms of the delivery.