Object

Representation ID: 44950

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Policy ENV3 - Nature Recovery Network and Biodiversity Net Gain

19.1 Taylor Wimpey objects to Part 1 of Policy ENV3 which requires all development to deliver the Local Nature Recovery Network Strategy. Taylor Wimpey notes that locally developed Nature Recovery Network Strategies are due to be introduced through the Environment Bill which has yet to achieve Royal Assent (as set out in further detail below). The precise detail of the requirements cannot therefore be confirmed at this stage.

19.2 The justification text to the policy notes that the Black Country Authorities have commenced work on a Local Nature Recovery Network Strategy. However, a copy of the document is not available for review and comment as part of the consultation on the Draft BCP so it is not possible to ascertain what the implications of the document will be for individual sites and respond accordingly. Taylor Wimpey therefore considers that the inclusion of this requirement in the policy is not justified at this stage.

19.3 Taylor Wimpey objects to Part 2 of the policy which requires development to deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. Taylor Wimpey is concerned with the timing of this policy as it precedes the introduction of the relevant legislation on Biodiversity Net Gain [BNG].

19.4 The Environment Bill, within which the legislation in relation to BNG is enshrined is still making its passage through Parliament and has yet to reach Royal Assent. At this point it is not therefore confirmed what the final content of the legislation will be.

19.5 In addition, once the Environment Bill achieves Royal Assent, there may be a transition period and it is likely that secondary legislation and national policy will set out transitional provisions in relation to local plans and applications that fall between the old regime and the new BNG requirements under the Bill.

19.6 The secondary legislation will deal with a significant amount of detail and powers will be available to the Secretary of State to make regulations including to amend the 10% net gain objective currently identified in the legislation and to amend the type of developments which will be required to deliver net gain. It may also be the case that regulations concerning other matters are introduced. This could include matters such as the procedure for approving a biodiversity gain plan, and factors to be taken into account when determining whether to approve a plan, and how to submit and who may submit a plan, and any further matters the plan needs to address.

19.7 With regard to this matter the BCP Viability Study32 states:

“For the purposes of our plan viability assessment a 10% net biodiversity net gain/habitats charge has been explicitly included in our appraisals. We have included a Net gain delivery cost of £1,003 per housing unit for greenfield development and £268 per housing unit for brownfield development. This is based upon the West Midlands regional cost (central estimate) in the Net gain delivery cost tables (Tables 16 and 17) from the DEFRA Biodiversity net gain and local nature recovery strategies Impact Assessment 15/10/2019”.

19.8 However, in the absence of the relevant legislation at the current time , it is not clear whether the costs applied provide an accurate assessment on the likely cost of BNG. Taylor Wimpey is concerned that this cost may be too low and may not reflect the situation ‘on the ground’ on sites in the Black Country.

19.9 Part 7 of the policy states that compensation will only be accepted in exceptional circumstances and should be provided prior to development. Taylor Wimpey considers that the provision of compensation prior to development is not likely to be practicable in all instances as it may be necessary to use receipts from the sale of dwellings on the site in order to fund this compensation. This funding would not therefore be available prior to development and would start to come forward during the development process as dwellings are completed and released for sale. It is therefore considered that a better approach would be to allow for the timing of payments to be secured through legal agreements and the policy wording should be amended to allow for this approach.