Response A1345438

Response to request for information

Reference

A1345438

Response date

22 July 2021

Request

• When is the Local Planning Authority planning to introduce Biodiversity Net Gain as a mandatory requirement for all small development projects in the Local Planning Authority's (LPA) jurisdiction? Please provide a specific date and a short definition of what the LPA classes as a 'small development project'.
• If a specific date has not yet been decided, does your Local Planning Authority intend to introduce a requirement for planning applications to include localised Biodiversity Net Gain plans for small development project within the 24 months following the passing of the Environment Bill? (Please define 'Biodiversity Gain Plan' as any document that is analogous to the type of document specified in the Environment Bill).
• Is there any material that sets out what criteria a Biodiversity Gain Plan needs to meet in order to be accepted by the authority for a small development project? If such material exists please can it be attached to your response. If such material does not exist, please provide a brief description of what criteria a Biodiversity Gain Plan needs to meet within your LPA. (Again, please define 'Biodiversity Gain Plan' as any document that is analogous to the type of document specified in the Environment Bill).
• Who is the official at your Local Planning Authority that is tasked with ensuring that Biodiversity Net Gain is implemented for the LPA?
• Does the LPA's approach to Net Gain require all 'Biodiversity Gain Plans' to be produced by an accredited ecologist?

Response

• When is the Local Planning Authority planning to introduce Biodiversity Net Gain as a mandatory requirement for all small development projects in the Local Planning Authority's (LPA) jurisdiction? Please provide a specific date and a short definition of what the LPA classes as a 'small development project'.
  • The requirement will not become mandatory until such time that Environment Bill becomes legislation. However the requirement to deliver net-gain may be pre-empt the Environment Bill within the emerging greater Nottingham Strategic Plan. In the meantime, BNG is currently required where appropriate under Policy 38 of the Rushcliffe Local Plan: Part 2.The Borough Council does not currently have a definition of 'small development project'.
• If a specific date has not yet been decided, does your Local Planning Authority intend to introduce a requirement for planning applications to include localised Biodiversity Net Gain plans for small development project within the 24 months following the passing of the Environment Bill? (Please define 'Biodiversity Gain Plan' (BNG) as any document that is analogous to the type of document specified in the Environment Bill).
  • The Council does not currently have a definition of BNG. We would refer to/promote Natural England's Net Gain Metric to determine whether net gain has been achieved. The draft GNSP promotes using the Natural England Metric, as this will help consistency. Regarding a biodiversity gain plan, this will identify the value of the existing and proposed habitats, and any delivery of site. These would be provided as part of any Ecological Assessment (undertaken by the developers consultants). Definitions should be based on those already developed by Natural England and the advice published by CIRIA (2019) Biodiversity Net Gain - Principles and Guidance for UK construction and developments and/or BS 8683 Process for designing and implementing Biodiversity Net Gain.
    We currently do not specify how the BNG should be determined, this would also be set out in any policy, but the Environment Bill requires the NE metric to be used.
• Is there any material that sets out what criteria a Biodiversity Gain Plan needs to meet in order to be accepted by the authority for a small development project? If such material exists please can it be attached to your response. If such material does not exist, please provide a brief description of what criteria a Biodiversity Gain Plan needs to meet within your LPA. (Again, please define 'Biodiversity Gain Plan' as any document that is analogous to the type of document specified in the Environment Bill).
  • RBC does not have any material however CIRIA (2019) Biodiversity Net Gain - Principles and Guidance for UK construction and developments and/or BS 8683 Process for designing and implementing Biodiversity Net Gain provides guidance. Natural England has now published a beta version of the BNG metric for small sites at http://publications.naturalengland.org.uk/publication/6047259574927360.
• Who is the official at your Local Planning Authority that is tasked with ensuring that Biodiversity Net Gain is implemented for the LPA?
  • There is no specific individual that is tasked with ensuring BNG is implemented, this will be dealt with through the relevant procedures.
• Does the LPA's approach to Net Gain require all 'Biodiversity Gain Plans' to be produced by an accredited ecologist?
  • In line with CIRIA (2019) Biodiversity Net Gain - Principles and Guidance for UK construction and developments and/or BS 8683 Process for designing and implementing Biodiversity Net Gain assessments should be produced by a 'suitably qualified and experienced ecologists'. These should be full Members of one of the following and hold the appropriate licences for protected species (this should be set out within the ecological survey report):

- Chartered Institution of Water and Environmental Management (CIWEM)
- Institute of Ecology and Environmental Management (IEEM)
- Institute of Environmental Management and Assessment (IEMA)
- Landscape Institute (LI)" (Appendices (breeam.com))