Object

Representation ID: 44981

Received: 09/03/2022

Respondent: Taylor Wimpey

Agent: Lichfields

Policy ENV3 Nature Recovery Network
and Biodiversity Net Gain
Taylor Wimpey objects to part Of Policy ENV3 which requires all development to deliver the
Nature Recovery Network Strateor. 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.
justification text to the policy notes that the Black Country Authorities have commenced
work on a Incal Nature Recovery Network However, a copy of the document is not
available for review and comment as part ofthe 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.
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 LBNGI.
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.
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.
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 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.
With regard to this matter the BCP Viability Study' states:
"For the purposes of our plan viability assessment a net biodiversity net gain/habitats
charge has been explicitly included in our appraisals. We have included a Net gain delivery
cost Of 21,003 per housing unit for greenfield development and E268 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 mcovery strategies Impact Assessment 15/10/2019
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.
Black Count" Viability and Del
study, 2021, page 37

P rt 7 of the policy states that compensation
only be accepted in exceptional circumstances
should be pmvided 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.