Comment

Representation ID: 22294

Received: 11/10/2021

Respondent: Investin PLC

Agent: Lichfields

3.17 Draft Policy ENV3 states that “all development shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information.”
3.18 Investin supports the principle of biodiversity offsetting through Biodiversity Net Gain (‘BNG’). However, the BCP should not pre-empt the Government’s requirements on BNG, set out in the 2019 Environment Bill.
3.19 An example of this pre-emption concerns Milton Keynes Council, whereby the Milton Keynes Local Plan included a policy (Policy NE3) that required BNG; albeit, it did not specify the level required. In its decision-making, the Council had sought to have regard to the 2019 Environment Bill which referred to a 10% BNG after development compared to the level of biodiversity prior to development taking place. In an appeal at Land at Brickhill Street, South Caldecotte,27 the Inspector concluded that:
“Whilst the Environment Bill is a material consideration, it is not yet law. I attach greater weight to the adopted Plan:MK Policy NE3, which does not set out any specific level of biodiversity net gain.” (IR42)
3.20 In essence, draft Policy ENV3 should be cautious in its approach to proposing a BNG policy requirement in advance of the Environment Bill passing in law. In this context, the BCA should not deviate from the current proposals on BNG as set out in the Environment Bill, and should certainly not specify a requirement above 10%. Consequently, the prefix “a minimum” should be deleted.
3.21 Moreover, it may not be possible for all sites to provide BNG on-site. The BCA should apply proportionality in their application of planning policy. Sites without reasonable opportunities to achieve biodiversity net gain should not face risks of delay through rigid or prescriptive requirements. Therefore, a policy approach to BNG should include provision for off-site contributions to mitigation, where this is appropriate and required.
3.22 Furthermore, consideration should also be given to the provision of a comprehensive package of strategically located habitat banks across the BCP area. Without a comprehensive network of these, it will be difficult for developments that require off-site mitigation to deliver this and therefore could render some otherwise deliverable sites to be undeliverable.
3.23 Draft Policy ENV3 is unsound because it fails the four tests of soundness as per NPPF paragraph 35 as it is not positively prepared, justified, effective and consistent with national policy.