Agenda item

This paper provides some key considerations about Biodiversity Net Gain in England. Crucially, it includes:

·         a set of principles we may wish to agree

·         an overview of our work with LPAs on ensuring a robust methodology for offsite option

·         a proposed communications flurry around requiring 20%

The Board is asked to endorse the principles, consider the work with the LPAs, and endorse our championing of a policy of 20% BNG.

The Board considered a report which outlined the biodiversity net gain policy and implementation environment and which recommended to the Board that the Local Nature Partnership should ask local planning authorities to adopt a level of at least 20% Biodiversity Net Gain developer contributions, (BNG) within their individual biodiversity net gain policies. 

Matt Whitney, Local Nature Partnership Manager introduced the paper.  He highlighted that biodiversity net gain was a national policy due to be introduced in November 2023 which would require housing and infrastructure developers to leave natural environment in a better state than pre-commencement of their activities.

The Chair commented that although the national minimum for BNG had been set at 10%, the evidence base locally and precedents supported adoption of at least 20% given that the level of nature of need within Oxfordshire for nature would not be satisfied by a 10% target. It was felt that this level of contribution was both affordable and viable for developers. It was noted that a recent report drafted by the University of Oxford had indicated the importance of setting the percentage of BNG as high as possible to maximise chances of the policy being successful. The Board was also informed that approximately 25 local planning authorities including a number within the South-East had already adopted requirements for 20% BNG.

In discussion, various members of the Board agreed that the district and city councils should be requested to seek contributions of at least 20% as it was felt to be the minimum of what was necessary within Oxfordshire to achieve actual net gain based on the ecological evidence available, although it was acknowledged that local planning authorities had to consider a wide range of factors. This should be communicated to the councils and published where possible and it was noted that a workshop with planning officers on BNG had been suggested by which point a statement of the LNPs position should be finalised.

Other points were in summary that:

·           With regard to principle 12, that there should be further discussion around the wording of the approach to Open Mosaic Habitat to ensure the continued promotion of grass land scrub and tree mosaic habitat via BNG funding.

·           They should be contact with the Future Oxfordshire Partnership Planning Advisory Group and the officers supporting it to test the views of strategic planners on BNG and any evidence as their Local Plans progressed. Whilst the objective of 20% was a good one any increase above 10% might lead to increases in viability challenges from developers. Many schemes were already facing such challenges and it was important to avoid a situation where developers appealed and won against levels of contributions because local planning authorities lost their ability to negotiate and defend their core policy values at that point.

·         Each local planning authority followed a process whereby its Local Plan had to be approved by the Planning Inspectorate. It was good to be ambitious, but it was also necessary to be mindful of this. 

·           Principle seven set out a minimum BNG level of 10% and yet the paper was advocating a level of 20%.

Matt Whitney responded that he had recently attended a meeting of the officer group supporting the Planning Advisory Group for an introductory discussion of the issues around Section 106 agreements and that a further briefing was planned. It was also noted that the Planning Advisory Group was considering general challenges around the viability of developer contributions. 

The Chair commented that every effort should be made to support councils in terms of sharing the evidence base for 20% BNG.

Action:

1.      Agreed that based on the Board’s discussions, the BNG principles set out in the report be revised and a proposal developed as to where they would best be located.

2.      That the LNP Board endorse asking local planning authorities to adopt a BNG level of at least 20%.