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ID sylw: 108198

Derbyniwyd: 27/02/2025

Ymatebydd: St Philips

Asiant : Lichfields (Birmingham)

Do you agree with the approach laid out in Draft Policy Direction-38 Biodiversity Net Gain?
2.100 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) (Emphasis Added) 2.101 St Philips 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, St Philips 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. Indeed, no evidence on this matter is proposed within the evidence and other documents listed in SWLP’s Technical Evidence ‘Future Work’ section to support the SWLP, other than the ‘Site Delivery & Viability Studies’. 2.102 In addition, the NPPF is also clear that planning policies should have regard to the economic viability of sites (Para 72) and should not undermine the deliverability of the Local Plan (Para 35). To this end, the SWLP will need to be supported by A Viability Assessment that cumulatively tests the impact of policy and infrastructure requirements on the viability of sites allocated in the SWLP. This should include any BNG requirements – either at the statutory 10% or higher. 2.103 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 St Philips’ 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. 2.104 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 increase in percentage terms through policy. 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, St Philips 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.