Issue - meetings

Biodiversity Net Gain is an approach to development and / or land management that aims to leave biodiversity in a measurably better state than before. Biodiversity Net Gain in the development process is now a statutory requirement following Environment Act coming into force in November 2021. The Act proposes to require all development to deliver a mandatory 10% biodiversity net gain to be maintained for at least 30 years.

Further resources and work are required for BCP Council to be ready for the implementation of biodiversity net gain on a much wider scale than at present. This paper advises on the actions envisaged to do this including the need to appoint 2 additional ecology officers to support the planning process once the mandatory net gain requirements are brought into force.

RESOLVED that Cabinet: -

(a)     support the principle of biodiversity net gain and endorse the planning service using available tools to deliver the forthcoming statutory requirements where possible at the present time;

(b)    note the formation of the officer Task Force between Planning and Environment and ask for a report of their work and recommendations within 6 months of the December 2021 Cabinet;

(c)     support the £93,000 of ongoing revenue funding requested from 2022/23 onwards, to sufficiently resource the services outlined in this report; and

(d)    notes that the £93,000 per annum from 2022/23 onwards will formally be recommended to Council as part of the 2022/23 budget and Medium-Term Financial Plan Update report in February 2022.

Voting: Unanimous

Portfolio Holder: Development, Growth and Regeneration

Reason

To ensure the Council is ready for and at the forefront of the biodiversity net gain requirements set out in the Environment Act.

The Portfolio Holder for Development, Growth and Regeneration presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

Cabinet was advised that biodiversity net gain is an approach to development and / or land management that aims to leave biodiversity in a measurably better state than before, and that biodiversity net gain in the development process is now a statutory requirement following Environment Act coming into force in November 2021.

Cabinet was informed that the Act proposes to require all development to deliver a mandatory 10% biodiversity net gain to be maintained for at least 30 years.

In addition, Cabinet was advised that further resources and work were required for BCP Council to be ready for the implementation of biodiversity net gain on a much wider scale than at present, and that this paper advises on the actions envisaged to do this including the need to appoint 2 additional ecology officers to support the planning process once the mandatory net gain requirements are brought into force.

The Chairman of the Overview and Scrutiny Board addressed the Cabinet advising that the Board had been generally overall supportive of the report at their recent meeting.

RESOLVED that Cabinet: -

(a)     support the principle of biodiversity net gain and endorse the planning service using available tools to deliver the forthcoming statutory requirements where possible at the present time;

(b)    note the formation of the officer Task Force between Planning and Environment and ask for a report of their work and recommendations within 6 months of the December 2021 Cabinet;

(c)     support the £93,000 of ongoing revenue funding requested from 2022/23 onwards, to sufficiently resource the services outlined in this report; and

(d)    notes that the £93,000 per annum from 2022/23 onwards will formally be recommended to Council as part of the 2022/23 budget and Medium-Term Financial Plan Update report in February 2022.

Voting: Unanimous

Portfolio Holder: Development, Growth and Regeneration

To consider the Biodiversity Net Gain report scheduled for Cabinet consideration on 15 December 2021.

The O&S Board is asked to scrutinise and comment on the report and if required make recommendations or observations as appropriate.

Cabinet member invited to attend for this item: Councillor Philip Broadhead, Deputy Leader and Portfolio Holder for Development, Growth and Regeneration; Councillor Mark Anderson, Portfolio Holder for Environment and Place; and Councillor Bobbie Dove, Portfolio Holder for Community Safety and Regulatory Services

The Cabinet report for this item is included with the agenda for consideration by the Overview and Scrutiny Board.

The Deputy Leader and Portfolio Holder for Development Growth and Regeneration presented a report, a copy of which had been circulated to each Member and which appears as Appendix ‘B’ to these minutes in the Minute Book.

The Portfolio Holder and Officers responded to comments and requests for clarification, details included:

·       A Board member asked how net gain would be achieved and how the financial implications for the Council would be funded. It was explained that the Council had decided to start now rather than wait until later in the transition period to allow as much time as possible to work with stakeholders and get things right. Funding would initially be found from the budget, but alternative options would be explored in the long term.

·       A Board member highlighted existing good practice in other councils. This was acknowledged and it was also pointed out that BCP was applying its biodiversity net gain to all developments, not just majors.

·       Board members spoke about the possibility of seeking more than the mandatory 10% and it was noted that some developers were already delivering more than this.

·       Board members asked about how the work on net gain fitted in to the Local Plan process. It was confirmed that net gain would be included in the Local Plan but as this was still being prepared the Council wanted to move at pace and embed net gain as early as possible.

·       A Board member questioned whether funding would be better directed to training all planning officers in climate literacy. It was explained that the recruitment of ecology officers filled an existing shortfall, and at this early stage their expertise was needed, however this did not preclude the upskilling of planning officers.

·       In terms of new burdens lobbying, councils were currently awaiting further details from central Government on the implementation and funding of these requirements.

·       A Board member gave examples of some new Council housing developments which had included a variety of biodiversity measures.

Overall, Board members welcomed the implementation of biodiversity net gain. The Deputy Leader stated that he would be happy to provide an update to the Board in six months.