Some 307 out of 327 local planning authorities are processing applications from developers linked to England’s biodiversity net gain (BNG) scheme, in a sign the market is beginning to function, a lawyer has said.
The authorities sent details of developer applications they received to Angus Walker, partner at London-based law firm BDB Pitmans, in response to Freedom of Information (FOI) requests over the last couple of months.
The results show BNG “to some extent, is beginning to work”, Walker told Carbon Pulse. “But I think more resources need to be made available to local authorities to be able to verify applications.”
Walker identified 2,893.7 BNG units in applications for land where developers have proposed building, out of 307 applications.
The total number of BNG units on land proposed for development throughout England is likely to be several times greater than 2,893.7, as Walker only took a limited sample of one application per planning authority.
Under the legislation introduced in February, developers must increase biodiversity by at least 10%. From the 307 applications assessed by Walker, this means developers must support the generation of at least 3,183.1 units in total either on site, off site, or through statutory biodiversity credits.
Generating over 3,000 BNG units would be an “impressive benefit”, despite the scheme’s slow start, Walker said. The total biodiversity units from each assessed site, to be developed over, ranged in size from 0.01 to 296.7 units.
Out of the 307 applications, just three had been approved – in Cambridge, Devon, and Trafford, he said.
Twenty authorities did not submit details of any BNG applications in response to the FOIs, he said.
A BNG unit represents the biodiversity value of habitat in an area dependent on its size, quality, location, and habitat type, according to the UK government’s metric tool.
UNDERREPORTING
The results show how many developers are “wriggling” out of BNG, Walker said. “I have seen some applications where the application says there’s no BNG, but then the metric is also supplied. That suggests to me that the local authority didn’t agree with them.”
“One of the biggest gaps in the regime is verification by local authorities. There’s quite a lot of underreporting going on.”
In April, Walker found just five local authorities in England out of more than 300 were prepared for the legislation.
Demand for BNG units will begin to increase in the stage after the planning applications, when developers submit their BNG plans, Walker predicted.
“I imagine the most demand will come from urban fringes where there is habitat. If you’re in the fringes, you’re more likely to use up habitat and less likely to be able to find nearby new areas where you can create habitat.”
In May, marketplace Gaia offered BNG units for almost £30,000 per unit on average. Some land managers have expressed concerns their units will not sell out.
While onlookers have commended the ambition of the BNG legislation, it has faced numerous issues over the last year, including claims that it could incentivise building in nature recovery areas, pose serious risks to ecology, and has fundamental gaps in its market infrastructure.
Carbon Pulse has requested comment from the UK government’s environmental agency.
By Thomas Cox – t.cox@carbon-pulse.com
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