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Developers face ‘surprising’ biodiversity net gain target on new schemes

New laws will force developers to deliver a net biodiversity gain of “at least” 10% on housing schemes as part of the government’s Environment Bill.

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Picture: Getty
Picture: Getty
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Developers face ‘surprising’ biodiversity net gain target on new schemes #ukhousing

The bill, which was announced in Monday’s Queen’s Speech, had its first reading in the House of Commons on Tuesday.

Under the law, developers will be required to ensure wildlife habitats are enhanced and left in a better state prior to the start of a scheme.

Developers will have to submit a biodiversity gain plan, which will have to be approved by a planning authority, the bill states. The plan will have to include “an assessment of the value of natural habitats” and ensure at least a 10% net gain.


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However, Penny Simpson, a partner at law firm Freeths, said she was “surprised” by the 10% figure. “It’s quite high, I’m surprised they are putting a number on it,” she said.

In situations where the 10% gain is not possible, developers will have to fund the creation of new wildlife habitats elsewhere.

The law, which will be part of the Town and Country Planning Act, has been on the cards since the then chancellor Philip Hammond announced plans in his Spring Statement.

It follows a consultation run by the Department for Environment, Food and Rural Affairs launched last year.

Announcing the bill in parliament, Theresa Villiers, environment secretary, said it will play “a crucial role in delivering on the government’s goal that this will be the first generation to leave our environment in a better state than we found it”.

The measure is part of the government’s 25-year environment plan.

Barratt Homes, Berkeley and Redrow are among those that have already made moves in this area. Berkeley committed in 2017 that all new developments will create a net biodiversity gain.

The principle of net gain was previously incorporated into the National Planning Policy Framework, which requires councils to maintain and enhance natural habitats.

Ms Simpson said the new law would help by creating a level playing field. “At the moment we have local authorities doing different things,” she said.

But she added: “It will be a challenge for developers as they will have to find more land. Even what might appear to be boring agricultural land will have value that needs to be offset.”

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