Updated timetable for biodiversity net gain

The government has announced that the new biodiversity net gain legislation has been pushed back to January 2024, from when developers in England will be required to deliver a 10% biodiversity net gain when building new housing, industrial or commercial developments.

The Real Estate group at Lodders has been working closely with developers and landowners to ensure they were ‘ready to go’ in November 2023. Of the updated timetable, James Mottram, partner in the Real Estate group and residential development & strategic land specialist says:

“There will no doubt be some frustration and disappointment at the delay. On the flipside, we have seen a very mixed bag in terms of preparedness within local planning authorities, so the extra few months may provide some welcome respite here. We will make sure to keep clients and contacts updated on any further developments.”

As part of its updated timetable, the government has committed to publishing the full set of guidance and regulations by the end of November. This includes:

• 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

For further information about the updated timetable, click here.

Lodders can advise on the developing law surrounding biodiversity net gain, and act on landowners’ behalf in establishing habitat banks or in entering agreements with the LPA or responsible body. If you require advice regarding a biodiversity net gain matter, please contact Victoria Longmore.