Agenda item

AGREED that Cabinet:

a)      adopt and publish definitions of what constitutes ‘significant enhancement’ within mandatory BNG calculations as set out in Section 2 and Appendix A to the report;

b)      adopt and publish interim definitions to be used for ‘strategic significance’ within mandatory BNG calculations as set out in Section 2 and Appendix B to the report;

c)      approve for a ‘call for sites – expressions of interest’ exercise to be undertaken; and

d)    approve for officers to make an application for Newark and Sherwood District Council (NSDC) to be considered for Responsible Body status.

The Biodiversity & Ecology Lead officer presented a report which informed Cabinet of the four ‘topics’ relating to mandatory Biodiversity Net Gain (BNG) and proposed recommended actions that were considered necessary in the run up to implementation.

The Environment Act 2021 set the legislative background for the implementation of mandatory BNG of at least 10%, and two draft Statutory Instruments were laid before Parliament on 30 November 2023, and the Biodiversity & Ecology Lead officer confirmed that that mandatory BNG would come into force as from 12 February 2024. The Cabinet also noted that the report had also been considered by the Planning Policy Board who had recommended approval following a lengthy debate.

AGREED      (unanimously) that Cabinet:

a)            adopt and publish definitions of what constitutes ‘significant enhancement’ within mandatory BNG calculations as set out in Section 2 and Appendix A to the report;

b)            adopt and publish interim definitions to be used for ‘strategic significance’ within mandatory BNG calculations as set out in Section 2 and Appendix B to the report;

c)             approve for a ‘call for sites – expressions of interest’ exercise to be undertaken; and

d)            approve for officers to make an application for Newark and Sherwood District Council (NSDC) to be considered for Responsible Body status.

Reason for Decision

1. ‘Significant Enhancement’ – to provide clarity for applicants, facilitate efficiency for the Planning Development Team, future-proof alignment with emerging Policy DM7, and maximise opportunities to enhance and restore biodiversity within the district as required by Core Strategy Policy 12.

2. ‘Strategic Significance’ – to provide clarity for applicants, in the interim period before the Nottinghamshire Local Nature Recovery Strategy (NLRS) is published, and to facilitate efficiency for the Development Management Team when considering applications required to provide a BNG calculation.

3. ‘Call for sites – expressions of interest’ – It is considered important for NSDC to be proactive regarding the potential provision of off-site biodiversity units within the district. This is to ensure that the biodiversity gains from development are provided close to development sites and at least within the district to avoid the district bearing the impacts on biodiversity with the benefits provided elsewhere. Also, to ensure that the district does not become an unfavourable area for developers due to an insufficient supply of off-site biodiversity units.

4. ‘Responsible Body status’ – 

It is considered important that for NSDC to achieve full engagement of biodiversity net gain within the district, providers of off-site biodiversity units should not be constrained to a single option of entering into a Section 106 Agreement (s106) with NSDC. If their preference is to work with NSDC but via a Conservation Covenant rather than a s106, NSDC will only be able to do so if they have Responsible Body status.

DEFRA’s timeline for deciding on Responsible Body applications is within 12 weeks. Therefore, it is recommended that NSDC is proactive and applies as soon as possible rather than be reactive in the future and potentially miss opportunities for engagement with landowners where the 12-week delay might be considered unacceptable.

This recommendation is made on the Lead Officer’s understanding that, once awarded Responsible Body status, there is then no obligation to act as a Responsible Body if approached to do so.

All four proposals are considered to be consistent with, and provide an important contribution towards, Community Plan Objective 5 to Protect and enhance the District’s natural environment and green spaces; specifically “To plan an active role in biodiversity net gain for the district,…”

Options Considered

For all four items, a ‘do nothing’ option has been considered.

For ‘significant enhancement’ and ‘call for sites – expressions of interest’ a further option involving a collaborative approach with other Nottinghamshire planning authorities has been considered.