Agenda item

To consider proposals for a Biodiversity Net Gain Pilot project which will deliver ecological improvements at the project site.

The Committee considered a report (set out in the Supplementary Agenda) which gave details of a proposed Biodiversity Net Gain pilot project.

Ian Shenton (Executive Member for Environment) attended the meeting to present the report, supported by Andy Glencross (Head of Environmental Services).

The report stated that a minimum 10% biodiversity net gain was expected to become mandatory for all Town and Country Planning Act developments from November 2023 (although the principle of biodiversity net gain was already required through the current National Planning Policy Framework). Under the new arrangements, developers would be required to carry out an assessment (using the nationally set BNG metric tool) of the current biodiversity value of their site both prior to and post the development proposal. In the event that the value of the site post development was less than 10% better than it was prior to development then the developer would have an obligation to provide additional off site BNG units to achieve the mandatory 10% net gain.

Whilst this change to the planning system would involve some additional regulatory burdens in terms of the development management process and a significant new burden on developers (including for WBC projects), there would also be opportunities for the Council to be a provider of BNG units through the ecological enhancement of existing Council owned sites such as Countryside Sites, Public Open Spaces and farmland.

The report stated that the Government envisaged a market approach to the provision of offsite BNG units where the income received through the sale of BNG units should cover all of the capital, monitoring and ongoing maintenance costs (for at least 30yrs) and provide a capital receipt to the landowner. There was currently some uncertainty over the level of local need for BNG units and as a consequence officers were proposing a pilot project at Ashenbury Park in 2023/24 in order deliver immediate requirements and to test the local market. Officer would use this pilot project to inform a project plan to deliver BNG units at other Council owned sites in future year if required.

It was intended that there would be a short consultation on the detailed scheme proposals in early summer 2023, with all initial planting and seeding works due to be completed by March 2024.

In the ensuing discussion, Members raised the following points:

What was a Biodiversity Net Gain unit? It was confirmed that BNG units were part of a methodology used to measure habitats. Using a Government developed tool, existing sites could be overlaid with biodiversity improvements which were translated into a points system. In effect, it was a type of offsetting – developers had to demonstrate that they could deliver a minimum of 10% BNG. BNG units could be purchased from any landowner (public or private) prepared to create and maintain new/enhanced habitats, including restriction on other uses of a site for 30 years. There was an opportunity for WBC to become a provider of BNG units through the enhancement of sites such as Ashenbury Park and other countryside sites and public open spaces.

If the project went ahead, would Ashenbury Park become a country park? It was confirmed that the park’s designation would not be changed. The car park and play area would remain under amenity management. Ashenbury Park was estimated to be a 25 hectare site. The proposed improvements were likely to generate circa 35 BNG units.

Once completed, would the site be included in WBC’s asset register? It was confirmed that the Council would have to maintain the BNG units for 30 years. After that they could not be re-sold – this was Government policy.

Members noted that BNG was a type of carbon offsetting, which had been in place for many years. In relation to BNG was the aim to promote diversity of habitats or maximise income generation for the Council? It was confirmed that there would have to be a balance – it was more than just tree planting, it was about a variety of habitats.

How did BNG differ from earlier measures such as the development of SANGs linked to new development? It was confirmed that the key difference was that BNG was a measurable rather than a subjective system. Looking ahead, new strategic SANGs may be combined with the BNG system. It was important that the BNG system was attractive to private landowners as well as local authorities. BNG did not alter the normal environmental protections in the Planning system.

In years ahead, how would the BNG be monitored and reported? It was confirmed that the Government was proposing to set up a register for allocation of BNG units. In addition providers of BNG units would be required to submit regular progress reports to the planning authority throughout the 30yr period.

Members queried the approach to public consultation over the pilot project. Would consultation take place before the project was implemented? Members felt it important that local residents had the chance to comment on the proposals before worked started on the ground. This included an understanding of the BNG system and the benefits for local communities. It was confirmed that consultees would include residents, ward Members and Woodley Town Council. It should be possible to complete a consultation exercise before the relevant planting season commenced in the autumn of 2023.

What safeguards existed to ensure that BNG improvements were near to the sites taking new development? It was confirmed that a “temporal discount rate” would be applied – this meant that the value of BNG units reduced the further away the BNG site was from the development site.

The Committee agreed that its comments and questions be submitted to the Executive in order to inform the discussion on the proposed pilot project at Ashenbury Park.

RESOLVED: That the following recommendations be submitted to the Executive as part of its consideration of the Biodiversity Net Gain pilot project at Ashenbury Park:

1)     officers ensure that there is clear communication with residents and community groups about the aims of the BNG pilot project in Ashenbury Park and the expected outcomes;

2)     design work on the pilot project proceed, but no physical works take place on site until the public consultation has been completed, evaluated and reported - consultation to include an option with no changes to Ashenbury Park;

3)     officers explore potential mitigations relating to the financial risks and outcomes relating to the project;

4)     the Executive notes Scrutiny Members’ concerns about the potential negative impact on communities if BNG projects are not linked to the areas which are taking new housing development;

5)     the Executive receive a map showing the proposed pilot project site within Ashenbury Park (included with this paper);

6)     officers provide a briefing for all Members on the introduction of BNG into the planning process and the specific pilot BNG project in Ashenbury Park.