In recent years, there have been huge biodiversity losses globally and, at a macro level, it is now on a par with climate change as one of the biggest challenges facing the future of life on earth.
The UK’s prime minister Boris Johnson recently stated that “tackling climate change and biodiversity loss” is the government’s “number one international priority”. In many ways, they go hand in hand with one another.
But how is this relevant to housebuilding and what can we do about it?
At a very basic level, we all rely upon biodiversity – without plants, there would be no oxygen, we rely on bees and other species for pollination, and trees are very effective at removing carbon dioxide from the atmosphere. It is more than that though – as Jeremy Clarkson noted in his recent TV show, Clarkson’s Farm, if you take a drive in the countryside you have far fewer dead insects on the windscreen than even 20 years ago; you may feel that is good thing, but it is a simple marker that biodiversity is being threatened.
“Every time we dig up a field, clear marshes, cut down trees and build houses in their place, we risk damage to biodiversity.
Therefore, every time we dig up a field, clear marshes, cut down trees and build houses in their place, we risk damage to biodiversity – urbanisation is considered to be one of the key causes of species decline in the UK. The government’s reaction has been to introduce planning legislation, so that the impact of development on biodiversity is considered at the earliest stages of the process. Put bluntly, in the future, unless housebuilders can show that they have taken steps to provide prescribed net gains for biodiversity, they will not get planning applications approved.
The Environment Act 2021 will also require all planning permissions in England (subject to exemptions) to be granted subject to a new general pre-commencement condition that demands approval of a biodiversity gain plan. This plan can only be approved by the local planning authority if the biodiversity value attributable to a development exceeds the pre-development biodiversity value of the onsite habitat by 10% – that is, the biodiversity metrics prebuild must be exceeded upon completion by not less than 10%. The government is currently consulting on the implementation of these requirements, which are anticipated to come into effect in November 2023. In this way, biodiversity is being addressed, through planning, as a cost of entry to residential – and other – development.
Impact of housing development
Housing development impacts on biodiversity in a number of ways. The obvious is on-site disturbance – developments that have been delayed due to newts, orchids, badgers or bats, for example. However, less obviously, development may impact off-site habitats due to disturbance, displacement and air and water pollution. For example, noise and light can impact feeding and breeding behaviours, and cause ecological displacement, and land clearance for development can upset natural flood defences, as well as disrupting habitats for wild birds and animals.
The intention is that planners and housebuilders work together to minimise the impact of their developments through good design and thoughtful layouts. The National Planning Policy Framework already requires a proactive approach to mitigating climate change and the effect of a development upon biodiversity. Prior to submitting a planning application, developers should be screening for the likely impacts of their works on biodiversity and determining the need for a Biodiversity Net Gain assessment.
Defra has put in place a Net Gain Biodiversity Metric Calculator which identifies the scale of impact of t he development and provides a gauge for the measures which will need to be taken to secure a net gain in the final development. The calculator informs housebuilders how much ‘credit’ their designs provide, and this enables them to budget accordingly.
Not only will biodiversity become a cost of entry to the development process through planning, but it will also be an ongoing cost of operation following development delivery – and it may even represent an opportunity to differentiate developments in a positive way, enhancing value for developers.
“Who among us would not prefer to have views over a wildflower meadow to a concrete car park?
Steps to be taken
On a practical level, steps which can be taken include:
- Installing hedgehog highways to enable them to move safely around a development
- Providing bat boxes and designing bat friendly lighting
- The use of sustainable drainage systems
- Introduce more soft landscaping
- Retain, reinstate or establish hedgerows, instead of using fencing
Developers will be expected to arrange for the monitoring of existing, restored or newly created habitats and landscaping and to compensate for loss of features by re-creating them, restoring habitats and creating buffers to reduce the impact on neighbouring areas. Net gain measures will need to be maintained for at least 30 years after establishment, but ideally the measures should be permanent.
One direct result of the Covid pandemic and the resulting lockdown has been more of a demand from the public for green space and nature-rich environments. Therefore, in protecting biodiversity, not only will housebuilders be more likely to have a smooth journey through the planning process, but they will also create a more pleasant environment for consumers to live in, which in turn will have a positive economic impact. With the benefit of good publicity, the steps taken by housebuilders to offset damage to the environment could be turned into an effective marketing tool. After all, who among us would not prefer to have views over a wildflower meadow to a concrete car park, or wake up to the sound of birdsong rather than the noise of cars rushing by?
An opportunity?
Ignoring biodiversity is not an option but the actions taken do not need to be particularly costly or have a huge impact on plot numbers. Indeed, there are potential costs savings. Sustainable drainage systems (SuDS) for example, often have lower installation and maintenance costs than hard engineered solutions. Green space with integrated SuDS would help to reduce flood risk, provide clean run-off water, contribute to carbon capture from the atmosphere and filter pollutants. Additionally, this provides a much more attractive feature than traditional drainage solutions.
This new legislation also provides opportunities. If sufficient credits cannot be achieved within the boundaries of a development there is the ability to go offsite, and to trade credits owned by another landowner or developer. As biodiversity net gain becomes mandatory, it is possible that, for example, a developer which has set aside a large area as a Suitable Alternative Natural Greenspace (SANG) could sell off areas of the SANG to assist smaller developments to comply with the requirements in a way that might not otherwise be possible due to the size and/or location of the development.
Biodiversity net gain cannot be ignored. The earlier in the process that it is addressed the easier and less costly it will be. Indeed, those in the industry who embrace the legislation at the earliest opportunity will be better able to exploit the benefits associated with the new regime.
“The actions taken do not need to be particularly costly or have a huge impact on plot numbers.
Authors
Jill Briggs, Legal Director - Shoosmiths
Rachael Coulsting, Senior Associate - Shoosmiths
Grace Mitchell, Senior Associate - Shoosmiths
Disclaimer
This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances. © Shoosmiths LLP 2024.