Biodiversity Net Gain laws, which would have forced homebuilders to enhance rural areas, have been pushed back until January 2024.
The government has decided to postpone the plans, initially scheduled to be enforced in November, that would have made it mandatory for homebuilders to improve wildlife habitats.
This comes after homebuilding associations and local councils expressed concerns to the government that there were a lack of resources and specialists to properly enforce the plans. We explore what this will mean for those looking toself build.
What are the Biodiversity Net Gain laws?
The government introduced Biodiversity Net Gain as a means to support the restoration of nature alongside land development.
It was approved as part of the 2021 Environment Act and forms part of theBuilding Regulationsfor 2023.
Its goal was to ensure that land used forbuilding a house, which also served as a habitat for wildlife, would be left in an improved condition compared to its state prior to development.
This would be done by ensuring homebuilders avoid loss of habitat to a piece of land where development takes place, and if this cannot be done a habitat must be created. If this cannot be done statutory credits must be bought from the government to compensate, but this was only to be a last resort.
Why are the plans being delayed?
The decision to delay Biodiversity Net Gain came after local councils expressed concerns they would not have the resources needed to enforce the scheme and also closely follows plans by the government to delaynutrient neutralitylaws.
According to a survey conducted by the Royal Town Planning Institute, over 60% of public sector planning departments expressed uncertainty regarding their ability to secure the essential resources and expertise required for implementing the scheme.
A government spokesperson noted that the government has allocated over £15 million to assist local councils in their efforts to prepare for and hire new specialists who can effectively implement the scheme.
生物多样性部长特鲁迪·哈里森说:“生气iversity Net Gain will ensure new developments work for both wildlife and people. We will create nature-rich places whilst ensuring communities get the new homes and infrastructure they need.
"The updated timetable and guidance we are setting out today will help smooth the transition ahead of Biodiversity Net Gain going fully live in January 2024."
The government has announced materials which they believe will ensure that homebuilders and planning authorities have access to the necessary tools to implement Biodiversity Net Gain in January 2024. These include:
- The statutory biodiversity metric, critical for calculating the correct biodiversity gain.
- The draft biodiversity gain plan template, which will help developers prepare for what they will need to complete during the planning application stages.
- The Habitat Management and Monitoring Plan template, which will set out how the improved significant on-site and off-site habitats will be managed for the long term.
- A package of Biodiversity Net Gain guidance that sets out further advice for landowners, developers, and Local Planning Authorities around their role and responsibilities in delivering mandatory Biodiversity Net Gain.
The impact on self builders
Some homebuilding associations have welcomed the news claiming the delay would be beneficial to those looking to self build.
TheHome Builder's Association(HBA) stated the delays would mean small and medium-sized homebuilders would be "collectively sighing in relief".
The HBA wrote to ministers in July 2023 with their concerns that new laws were going to harm self builders the most because local councils were unable to set enough land aside to deliver the "narrow vision of habitats" set out by theBiodiversity Net Gain calculator.
Neil Jefferson, managing director of theHome Builders Federation(HBF), also welcomed the delays after claiming: “Homebuilders across England and Wales have embraced the principle of biodiversity net gain and are committed to creating places that protect and enhance the natural environment.
“[But] there are significant gaps in the government’s guidance which will not only prohibit local authorities’ abilities to effectively manage this new requirement [but would] inevitably lead to further delays in the planning process."
Although, Simon McWhirter, Deputy Chief Executive of the UK Green Building Council, criticised the delay, saying: “Responsible developers large and small have been gearing up for this change for years, with many of our members creating dedicated jobs to deliver net gain from in-house consultants to designers, landscape architects and creative project leads.
“This will be exceptionally damaging for their projected work pipelines, investment, supply chains, and related job roles.”
TheDepartment for Environment, Food and Rural Affairs(Defra) recommended that homebuilders and planning authorities use the extra time to become acquainted with the guidance and get ready for the incorporation of Biodiversity Net Gain into theplanning permissionsystem.
