2. local.gov.uk/pas
Biodiversity net gain and the
Environment Bill
London Boroughs – 15 July
• Go to www.slido.com Enter this code: #798656
or scan this QR code with your smartphone
• Turn your camera on and we will see you (which is
nice!)
• Make sure you name yourself (click … in corner of
your video)
• We’ll mute you to start with
• Questions in the Zoom chat please
3. local.gov.uk/pas
Planning Advisory Service (PAS)
• Team of 9
• Provide support to councils
• Funded to help get local plans up-
to-date and improve decision-
making
• Run event series on topical issues
• Offer support through peer reviews
• Who’s here today?
4. local.gov.uk/pas
Agenda
Introduction Environment Bill and biodiversity net gain –
what’s happening?
- Julia Coneybeer, Natural England
- Sam Davenport, GLA
- Beccy Moberly, PAS
Discussion session 1 How ready are you for mandatory
biodiversity net gain?
Discussion session 2 How do you think we should focus our
support?
Summing up, next steps and feedback
Finish at 1600
7. A long journey
• December 2018 - Draft Environment (Principles
and Governance ) Bill
• October 2019 - The Environment Bill (take 1)
GENERAL ELECTION
• January 2020 – The Environment Bill (take 2)
COVID PANDEMIC
• Autumn 2021 – Royal Assent?
• 2-year transition period – est autumn 2023
BNG becomes mandatory
8. Structure of the
Environment Bill – Part 1
Part 1 – Environmental Governance
Environmental Plans, Targets, Monitoring &
Principles
The Office for Environmental Protection
monitoring and reporting on environmental
improvement plan
monitoring and reporting on environmental law
advising on changes to environmental law
enforcement action in relation to failure of public
authorities to comply with environmental law
investigation of complaints
8
9. Structure of the
Environment Bill – Part 2
Part 2 – Wider Measures
Waste management and resource efficiency
Air quality
Water
Nature & biodiversity
NERC duty
Biodiversity net gain
Local nature recovery strategies
Species and protected sites strategies
Tree felling & planting
Conservation covenants
10. Biodiversity net gain
Net gain is an approach to development, and/
or land management, that aims to leave the
natural environment in a measurably better
state than it was beforehand.
11. • BNG does not:
• replace the mitigation hierarchy
• replace existing protections
• apply to irreplaceable habitat
• BNG underpinned by core principles (CIEEM/ CIEMA/
ciria)
• British Standard for BNG – due summer 2021
• BNG aims to provide more or better quality biodiversity
than was there before
12. Biodiversity Net Gain Now
• 25 Year Environment Plan
• National Planning Policy Framework
(NPPF)
• Planning Practice Guidance (PPG)
• Design Guides – NIC + MHCLG
• National Policy Statements
• Biodiversity metric 3.0
13. Calculating net gain –
the biodiversity metric 3.0
• 3.0 version published 7th July 2021
• Will be mandated through Environment Bill
• Habitat-based (serves as proxy for species)
• Focusses on broad, typical and priority habitats
• Metric based on:
• area-based habitats
• hedgerows
• streams/ rivers
• intertidal and coastal habitats
• Calculates biodiversity units based on:
o habitat distinctiveness
o habitat condition
o habitat area
o risks and spatial multipliers
14. The biodiversity metric 3.0
cont…
• Only accounts for direct impacts on habitats within the footprint of a
development or project
• Does not undermine existing protections, policy inc mitigation hierarchy
• Still require ecological expertise
• Metric is freely available and will remain evolutionary with stakeholder
consultation
Also published:
• Small sites metric beta
test (for small
developments)
• Environmental Benefits
From Nature tool (formally
eco-metric)
15. Mandatory Biodiversity Net Gain – Key
Components
• England only
• Town & Country Planning Act (TCPA)
• NSIPs amendment
• Likely to become law 2023
• Minimum 10% gain required
• Use biodiversity metric
• Approval of net gain plan
• Habitat secured at least 30 years
• Delivered, on-site, off-site or via statutory
biodiversity credits
• National register for net gain delivery sites
• Does not change existing legal protections
16. BNG Secondary Legislation
and consultation
Autumn 2021
• Consultation will shape the secondary legislation, policy, guidance
and delivery plans
• Will likely cover..
Exemptions
Irreplaceable habitat
guidance
Phased development
Small sites
NSIPs
BNG Plan
Offsite habitat
creation/enhancement
Credits scheme
Register
Monitoring & reporting
additionality
Be sure to respond!
17. Mechanisms for Biodiversity Net Gain
Delivery
Onsite
(units)
Offsite
(units)
Statutory
Credits
Potentially in full or
combination
Only if units not
available
Delivered via habitat
creation/enhancement
via landscaping/green
infrastructure
Delivered through new
habitat
creation/enhancement
on land holdings or via
habitat banks
Delivered through
landscape-scale
strategic habitat
creation delivering
nature-based solutions
18. Local Nature Recovery Strategies
• Locally developed, spatial strategies
for nature working within a national
framework
• Identify opportunities and priorities
for enhancing the natural
environment
• Inform and underpin the national
Nature Recovery Network (NRN)
• Can be used to target net gain
delivery
• LNRS consultation coming soon
19. BNG in London – Policy Context
Sam Davenport, Principal Policy Officer
Greater London Authority
20.
21. Chapter 8 – Green Infrastructure
Policy G1 Green infrastructure
Policy G2 London's Green Belt
Policy G3 Metropolitan Open Land
Policy G4 Open space
Policy G5 Urban greening
Policy G6 Biodiversity and access to nature
Policy G7 Trees and woodlands
Policy G8 Food growing
Policy G9 Geodiversity
22. G1 – Green Infrastructure
A London’s network of green and open spaces, and green
features in the built environment, should be protected and
enhanced. Green infrastructure should be planned, designed and
managed in an integrated way to achieve multiple benefits.
B Boroughs should prepare green infrastructure strategies that
identify opportunities for cross-borough collaboration, ensure
green infrastructure is optimised and consider green
infrastructure in an integrated way as part of a network
consistent with Part A.
23. G6 – Biodiversity & Access to Nature
G6 C (3) (where harm to a SINC is unavoidable and cannot be
mitigated schemes should) deliver off-site compensation of
better biodiversity value.
G6 D Development proposals should manage impacts on
biodiversity and aim to secure net biodiversity gain. This should
be informed by the best available ecological information and
addressed from the start of the development process.
24. G5 Urban Greening
A Major development proposals should contribute to the greening of London by
including urban greening as a fundamental element of site and building design, and by
incorporating measures such as high-quality landscaping (including trees), green roofs,
green walls and nature-based sustainable drainage.
B Boroughs should develop an Urban Greening Factor (UGF) to identify the
appropriate amount of urban greening required in new developments. The UGF
should be based on the factors set out in Table 8.2, but tailored to local circumstances.
In the interim, the Mayor recommends a target score of 0.4 for developments that are
predominately residential, and a target score of 0.3 for predominately commercial
development (excluding B2 and B8 uses).
25. Surface cover type Factor
Semi-natural vegetation (e.g. trees, woodland, species-rich grassland)
maintained or established on site.
1
Wetland or open water (semi-natural; not chlorinated) maintained or
established on site.
1
Intensive green roof or vegetation over structure. Substrate minimum
settled depth of 150mm.
0.8
Standard trees planted in connected tree pits with a minimum soil volume
equivalent to at least two thirds of the projected canopy area of the
mature tree.
0.8
Extensive green roof with substrate of minimum settled depth of 80mm
(or 60mm beneath vegetation blanket) – meets the requirements of GRO
Code 2014.
0.7
Flower-rich perennial planting. 0.7
Rain gardens and other vegetated sustainable drainage elements. 0.7
Hedges (line of mature shrubs one or two shrubs wide) 0.6
Standard trees planted in pits with soil volumes less than two thirds of the
projected canopy area of the mature tree.
0.6
Green wall –modular system or climbers rooted in soil. 0.6
Groundcover planting. 0.5
Amenity grassland (species-poor, regularly mown lawn). 0.4
Extensive green roof of sedum mat or other lightweight systems that do
not meet GRO Code 2014.I
0.3
Water features (chlorinated) or unplanted detention basins. 0.2
Permeable paving. 0.1
Sealed surfaces (e.g. concrete, asphalt, waterproofing, stone) 0
26. BNG and UGF Comparison
BNG – a tool to quantify pre and post
development biodiversity (habitats) on
site to ensure proposals demonstrate a
MEASURABLE net gain.
• Biodiversity focus
• Requirement is delivering a % gain for
all developments
• Site baseline drives target
UGF – a tool to evaluate the quality and
quantity of green infrastructure being
provided by a scheme to ensure new
developments make an appropriate
contribution to London’s GI network.
• Ecosystem services focus
• Requirement is meeting a target depending
on development type
• Site baseline not relevant to target
30. • Does not deal with protected site or
protected species issues.
• Does not deal with off-site impacts.
• Metric does not take species
conservation into account i.e. Priority
Species.
• Risk that big % gains might not
translate to much on the ground.
What BNG does not do
31. London Plan Guidance Timeline
• UGF LPG Consultation –
Summer 2021
• GI Strategy LPG Consultation –
Autumn 2021
• Biodiversity Net Gain LPG
Consultation – 2022
• ALGG Consultation – 2022
33. March 2021 local.gov.uk/pas
What does all this mean for local
authorities?
Where do we start?
What more do we need to do?
Rebecca Moberly
Principal Consultant - Environment
34. local.gov.uk/pas
LPA Biodiversity Net Gain Capacity and Skills Project
• Two-year project funded by Defra started in March 2021
• Focus on BNG, but also touching on LNRS and other relevant aspects of
Environment Bill
• Aim is to enable LPAs to be ‘day one ready’ for mandatory BNG
• Develop a programme of training and support for 330+ LPAs England-wide:
– Policy planners
– Development management planners
– Councillors
• Outputs will include:
– Community of LPA planners and members
– Website and resources focused to key groups
35. local.gov.uk/pas
Timelines – what do we know?
Summer 2021 Autumn 2021 Spring 2022 Spring 2023
• LNRS pilots report
• New BSI standard
• Metric 3.0 published +
small sites metric
• Royal Assent for
Environment Bill
• Defra consultation:
LNRS & secondary
legislation
• Details on statutory
credits
• Defra response
to consultations
• LNRS roll out
• Digital BNG site
register in place
• Statutory credit
service in place
Now Mandatory
BNG
Autumn
2023
36. local.gov.uk/pas
Why BNG?
• Biodiversity decline
• Despite policy for no net loss (NERC Act, NPPF)
• Time to be more ambitious
• What about for you as LPAs?
– Public realm
– Green Infrastructure
– Place making
– Active travel
– Potential income stream
– Link to other agendas – climate change, flood resilience
38. local.gov.uk/pas
Place-making
• Principles for place-making and design
• Better places for people to live and work
• Green infrastructure and active travel
• Nature for people and natural capital
• Climate change
39. local.gov.uk/pas
Strategic planning
• An evidence base
• BNG policies w/ local distinctiveness
• An agreed target
• The agreed metric
• Detailed guidance (SPD)
• Strategy for offsite BNG delivery (LNRS)
41. local.gov.uk/pas
BNG delivery
• Assessment of sites for BNG
• LA managed habitat banks
• Third party local offsite delivery
• National statutory credit system
• Monitoring – onsite and offsite
42. local.gov.uk/pas
Poll: www.slido.com #798656
Which of following aspects of BNG do you feel most able to deliver in your
authority? (You can select more than one)
– Policy
– Development Management
– Offsite delivery
– Link to place making and wider authority interests
– Members’ interest/understanding
– Third sector engagement
– None of the above
– Other – please specify
43. local.gov.uk/pas
Questions
• Any questions about the BNG regulatory and
policy regime?
• We’ll answer what we can, but will also log so that we can make
sure they’re part of our support package
44. local.gov.uk/pas
Session 1
How ready are you for mandatory biodiversity net gain?
• If you answered yes that you are currently involved in BNG delivery, what
are you doing now?
• How geared up is your authority already for mandatory BNG?
• What’s your biggest issue or concern about BNG?
– What do you not know about?
– What are the gaps in your knowledge?
45. local.gov.uk/pas
Session 2
How do you think we should focus our support?
– What do you need support on to be able to deliver BNG in
your LPA?
– How would do you like to get this support?
(Bear in mind that we have 330+ LPAs to provide support to)
46. local.gov.uk/pas
Poll: www.slido.com #798656
• How would you most like to get support through the
project? (Prioritise from 1 to 6)
– Training events (online)
– Discussion/sharing knowledge events (online)
– Online community/support
– Dedicated website
– Detailed guidance
– Case studies
– Other?
47. local.gov.uk/pas
Next steps
• Support offer
• Advisory group
• Looking forward to planning reforms and wider
environmental agenda
What do you think?
How did we do?
We’ll share our
presentation & notes
from the day with you
all afterwards
Manage expectations about how much we are going to be able to answer detailed questions
Ailing natural environment – biodiversity decline, globally and in UK terrestrial and marine – species extinctions, drops in species populations, continuing loss of natural habitats, generally more intensification of land use (air and water pollution, disturbance, lighting and noise)
Diminishing our ecosystem services, the very services on which our communities and livelihoods depend (pollination of crops, carbon storage, pest control, cultural values)
In planning - most development = net loss in biodiversity. This is despite planning policy for no net loss (NERC Act, NPPF) – securing no net loss doesn’t halt decline
UN Convention on Bio Diversity - warning in November 2018 to stop biodiversity loss or we face our own species’ extinction. All countries to play their part; with focus on nature-based solutions
Need to be ambitious - want to move to no net loss + gain
Govt mandating net gain through planning (Env Bill) – and 25 YEP – where the planning and development sector can play a critical role in reversing this trend and moving us towards a sustainable way of living
Lawton review – Making Space for Nature (Sep 2010) – more, bigger, better, joined up
This legislation is significant – high profile, wide ranging, aims to bring environment, social and economic benefits of nature to the fore
Currently in the HoL.
The Environment Bill sets a new framework for environmental governance and provides new tools and approaches to deliver a net improvement in the natural environment and reverse biodiversity loss.
(i) The bill places the 25 Year Environment Plan (25 YEP) on a statutory footing as the first environment improvement plan, establishing ambitious targets and providing new tools such as biodiversity net gain and conservation covenants that will make a real difference is delivering the Govt’s 25 YEP goals.
(ii) It establishes the OEP to hold the government to account for delivery against 25 YEP and address the governance gap created as we leave the EU.
(iii) It also enables greater collaboration to enhance nature at the local level with the creation of Local Nature Recovery Strategies, and a strengthened NERC duty on public authorities to improve biodiversity.
These tools and new approaches in combination provide the framework to deliver the government’s ambition.
NERC Sec 40 Duty – strengthened; Clause 93:
5 year cycle on action to further biodiversity objective
Determine policies and specific objectives for taking action
In light of these, to further conservation & enhancement of biodiversity eg conserving, restoring or enhancing habitats/ species
Have regard to LNRS and Species Conservation Strategies & Protected Sites Strategics
Presumption in policy for no net biodiversity loss.
Net gain can take place at any of these stages.
BNG principles:
https://cieem.net/i-am/current-projects/biodiversity-net-gain/
Principle 1. Apply the Mitigation Hierarchy
Principle 2. Avoid losing biodiversity that cannot be offset by gains elsewhere
Principle 3. Be inclusive and equitable
Principle 4. Address risks
Principle 5. Make a measurable Net Gain contribution
Principle 6. Achieve the best outcomes for biodiversity
Principle 7. Be additional
Principle 8. Create a Net Gain legacy
Principle 9. Optimise sustainability
Principle 10. Be transparent
Biodiversity metric 3.0: http://nepubprod.appspot.com/publication/6049804846366720?cache=1625652558.28
Small sites metric: http://nepubprod.appspot.com/publication/6047259574927360
Environmental Benefits From Nature tool (beta test): http://nepubprod.appspot.com/publication/6414097026646016
Biodiversity metric 3.0
Will also publish soon case studies for different scenarios and types of development.
Includes terrestrial and intertidal habitats.
Main changes in the update include:
GIS import
Connectivity tool removed
Accelerated succession removed (with modifications incorporated into habitat scoring)
Recognises benefit of advanced creation/ enhancement of habitats
Recognises delay of creation/ enhancement for phased development
Technical changes to underpinning characteristics for broad habitats
Small sites metric applies to:
1) Development sites where;
- For residential developments the number of dwellings to be provided is between one and nine inclusive on a site having an area of less than one hectare
- Where the number of dwellings to be provided is not known the site area is less than 0.5 hectares
- For all other development types where the site area is less than 0.5hectares or less than 5000 metres squared
2) Where there is no priority habitat present within the development area (excluding hedgerows and arable margins)
It is not appropriate to use the Small Sites Metric to calculate offsite losses and gains
Environmental Benefits From Nature tool
Works alongside Biodiversity metric 3.0
Helps consider how to enable wider benefits for people and nature from biodiversity net gain
Considers direct impact of land use change across 18 ecosystem services
Statutory Instruments Covering:
Net Gain Plan
Percentage gain
Approval of a plan
Exemptions
Irreplaceable habitats
Phased development
Section 73A & 102
Section 141 or 177
Metric
Degradation
Register
Modified planning permission
Limitations on planning authorities
Amendments to planning register
Consultation – autumn 2021?
To help shape the secondary legislation, policy, guidance and delivery plans which will help to translate the Environment Bill’s ambitious provisions into real gains against our environmental, development and social policy objectives.
BNG Secondary Legislation – to come
Net Gain Plan
Section 141 or 177
Percentage
Amendments to Planning Register
Approval of Plan
Metric
Exemptions
Degradation
Irreplaceable Habitat
Modified Planning Permission
Phased Development
Limitations on Planning Authorities
Section 73a & 102
Net Gain Register
Lawton review – Making Space for Nature (Sep 2010)
LNRS:
Defra SoS is going to appoint the responsible authority and set the geographies. RAs will lead production of each Strategy from the list of potential public bodies set out in the Bill. By and large they are public bodies that will have a strong knowledge of the local area and democratic mandates, ensuring necessary legitimacy and local ownership.
NE anticipate LNRS will roughly cover county sized areas.
RAs will likely be local authorities and National Park Authorities
LNRSs will be non-binding but new NERC duty on public authorities to have regard to LNRSs.
Net gain will provide financial incentive for developers to support delivery of LNRSs. Also LNRSs to be aligned with funding sources eg ELM to incentivise delivery.
LNRSs also designed to help LPAs deliver existing policy to conserve/ enhance biodiversity.
LNRSs to speed up planning decisions by providing clear path for avoidance, mitigation and compensation.
5 pilots – Bucks, Cornwall, greater Manchester, Cumbria, Northumberland – report now published Local Nature Recovery Strategy pilots: lessons learned - GOV.UK (www.gov.uk)
London is a green city. Around half it’s surface area is green or blue, including 1600 SINCs. This is in a large part green thanks to planning rules, which have protected the most valuable open spaces and wildlife habitats of the city, and more recently have promoted the idea of the planning system delivering environmental gains such as green roofs, SuDS and habitat for wildlife being provided through development.
These principles are at the heart of the new London Plan. Chapter 8, GI, includes a suite of complimentary policies that protect the cities GI network (inc biodiversity) and also require new developments to enhance it.
It is in this context that a mandatory BNG requirement would operate so now we’ll spend some tme looking at how that fits with the existing policy framework and where it places additional requirements.
And the most relevant of the London plan policies are G5 and G6
To meet A boroughs should do B
We will publsih guidance on preparing GI strategies later in the year
A key element will be spatial plans
Will recommend boroughs produce a spatial LNRP as part of a GI stratgy
Is an opportunity to identify strategic locations for offsets too
The London Plan already introduces the principle of new development delivering biodiversity net gain, though does not require the gain to be measured by a metric or set a % target
But perhaps more relevant to the question of how would mandatory BNG work in London’s existing policy framework, is how it works with the Urban Greening Factor, which is another target that uses a metric or tool to show compliance with the policy. In this case the tool evaluates the quality and quantity of green infrastructure being provided by a scheme to ensure new developments make an appropriate contribution to London’s GI network.
Very quickly, it works by assigning a surface cover type and associated score to all the surfaces in a development using a scoring system set out in the London Plan, which are then fed into a simple calculation to get a UGF score.
So, they are fundamentally quite different, and the UGF cannot be used to claim a BNG has been secured, and vice versa a high BNG % score does not mean that a scheme meets the UGF requirements to provide locally relevant, high quality green infrastructure
However, our experience to date where we have seen applications using both is that they work together to provide different but complimentary information about the environmental benefits a scheme is providing,
We are also confident that for scheme with low levels of biodiversity on site a 10% BNG will be comfortably delivered by achieving the UGF requirements
However, our experience to date where we have seen applications using both is that they work together to provide different but complimentary information about the environmental benefits a scheme is providing,
We are also confident that for scheme with low levels of biodiversity on site a 10% BNG will be comfortably delivered by achieving the UGF requirements so envisage most BNG being delivedd on-site to strengthen local networks and bring benefits of greener built environments closer to where people are
Background info :
Merton
The applicant has recognised the Site’s strategic location, close to the River Wandle and its associated open spaces.
The strategic review of the local context has also highlighted the Site’s potential to form a stepping stone between existing green spaces (DAS page 35).
The “potential to bring ‘green’ from the park through the site”, as highlighted in the DAS (page 19).
Likewise the proposal to deliver 65% of the Site as open space is also very positive given that the area is highlighted as being deficient in access to public open space (see https://apps.london.gov.uk/green-infrastructure/)
The analysis of the local context and vision for delivering new green infrastructure has clearly been translated into the design process.
UGF has been calculated to be 0.54
And to support this we have earlier this year published a guide on designing urban greening to deliver gains for biodiversity.
In it we show which of the UGF cover types provide most opportunity to design for nature, and some of the design approaches that can be used to maximise space for nature and strengthen local ecological networks
It is important to be aware of the limitations of BNG in terms of a scheme being compliant with the London Plan and indeed the NPPF. It only tells part of the story.
