Decision Maker: Executive Member for Open to Business
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
One of primary goals of the Environment Act
2021 is to protect and expand UK habitats and halt or reverse
species decline by 2030. One of the policies was Biodiversity Net
Gain (BNG); it is the mandatory requirement for developments
needing planning permission to demonstrate a 10% biodiversity net
gain at the time of submission. This can include creation of new
habitats or enhancement of existing habitats on development sites.
Defra has confirmed that all major development will need to secure
10% BNG from November 2023, with small scale developments being
brought into the scheme from April 2024.
All habitats created or retained that form part of the 10% (whether
onsite or off site) must be secured for a period not less than 30
years to include monitoring and management. It is expected that
section 106 agreements will be used to secure the long-term
management obligations. Enforcement of the section 106 will be the
responsibility of the Local Planning Authority. Every five years
each Local Planning Authority will be required to report the losses
and gains of biodiversity through the planning process.
Resource constraints are a big concern for local planning
authorities, there is a need to prepare policy guidance,
development management systems, additional ecological staff
resource to review and comments on the BNG submissions, input from
legal services to draw up section 106 agreements, investment in
data systems to provide baseline habitat maps, systems for
monitoring and reporting to Defra and resources in planning and
enforcement. Additionally, there will be a need for training for
all staff involved in the process and for planning committee
members.
In March 2022, Defra provided £10,047 of grant funding in the
form of a Section 31 grant to each Local Planning Authority (LPA)
(County and District) to prepare for BNG. In March 2023, Defra
offered additional revenue funding of £26,807 per North
Yorkshire LPA (except Harrogate BC who received £43,467) to
support ongoing preparatory work for BNG to cover the period 22-23.
This funding was secured by each of the former eight North
Yorkshire authorities and totalled £231,116. To date Defra
funding has been pooled and used to appoint a BNG Officer who is
focusing on preparing the authority for the mandatory roll out,
including training. In addition, the 22-23 funding is being used to
recruit an Ecologist and Assistant Ecologist who will be in place
by November 2023 to assist existing staff with the determination of
planning applications in relation to BNG.
On 4th August 2023, Defra offered additional revenue funding of
£231,116 to North Yorkshire Council (using the same funding
formula as the previous year considering each of the eight former
authorities). This funding will be paid as a Section 31 grant and
is intended to cover work undertaken during the period 1st April
2023 – 31st March 2024 and continues to be in support of the
preparation and implementation of new BNG burdens. The s31 grant
must be claimed by 31st August 2023.
The purpose of the report is:
1/ To seek permission of the Executive Member for Open to Business,
in consultation with the Corporate Director of Community
Development, Corporate Director of Resources and the Assistant
Chief Executive (Legal and Democratic Services) to authorise the
Corporate Director of Resources to accept new burdens BNG funding
offered by DEFRA to the value of £231,116 in order to prepare
for and implement mandatory requirements for BNG.
That the Executive Member for Open to
Business, following consultation with the Corporate Director of
Community Development, the Corporate Director - Resources and the
Assistant Chief Executive (Legal and Democratic Services)
authorises acceptance of a further Section 31 Grant of
£231,116 offered by Defra to support ongoing work on
mandatory Biodiversity Net Gain.
To support the set-up and preparation costs
for BNG Assessment between 1 April 2023 and 31 October 2023 and
early operation of mandatory BNG from November 2023 to 31 Mar 2024.
To enable the ongoing work to continue and staff posts established
for the transition to BNG to be extended
Alternative option to decline the grant was
rejected.
Publication date: 29/08/2023
Date of decision: 29/08/2023
Accompanying Documents: