Author

Josh Morley

Published
29th February 2024

Contents

Summarise Blog

 

Unlocking The Future

The development industry has its part to play in terms of finding meaningful ways to contribute to environmental conservation, with one concept poised to make a significant impact in the immediate future.

Increasingly, we need innovative solutions to create and enhance habitats, providing mitigation in respect of much needed urban development.

What is Habitat Banking?

Habitat banking involves landowners enhancing the biodiversity of their land, with the resulting habitat creation or improvement sold as BNG units to parties requiring off-site biodiversity net gain. To find out more about biodiversity net gain (BNG), read our comprehensive guide >

A surge in habitat bank sites

Forecasts suggest a dramatic increase in the establishment and use of habitat bank sites. Developers facing the challenge of achieving net gain on-site are finding that statutory credits have been purposely designed so as to be cost-prohibitive. Consequently, the purchase of off-site units from habitat banks is becoming the only viable option. This trend underscores the importance for landowners with undeveloped, potentially habitat-rich land to consider securing their sites for use in mitigating the impact of development elsewhere.

The evolution of BNG

The concept of biodiversity net gain remains complex terrain to navigate. Negotiations surrounding the Section 106 planning obligations for establishing habitat gain sites are gradually progressing with local authorities. However, a lack of understanding and under-resourcing at planning authority level continues to impede smoother implementation. Addressing these hurdles will be crucial for maximising the effectiveness of BNG initiatives.

Essential engagement for success

When bringing forward sites for development, engagement with experts at an early stage is paramount for establishing a successful BNG strategy. It is essential to collaborate with the council’s ecologist to fix the baseline data and craft a robust mitigation strategy. This proactive approach not only ensures compliance with regulatory requirements but also minimises the risk of costly delays and revisions down the line.

The rise of habitat banking presents a promising avenue for harmonising development with environmental conservation. By addressing challenges such as understanding, resourcing and strategic engagement, stakeholders can unlock the full potential of habitat banking to create a sustainable future for generations to come.


This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.

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About the Authors

Anna has acted for a variety of public and private sector clients throughout her career, including landowners, promoters, developers, local authorities, central government agencies, regional development agencies, and various NHS Trusts. She has a particular interest in heritage issues and has advised a number of local authorities and private sector developers on various listed building consents. Anna is also highly experienced in negotiating planning obligations with complex cascade, review and clawback mechanisms, and she frequently advises on the best way to structure large scale sites so as to allow them to come forward on a phased basis. She is recognised…
Josh also has experience in advising on matters relating to Biodiversity Net Gain (BNG), definitive map modification orders and public rights of way applications, as well as applying for certificates of lawfulness, particularly for student occupied HMOs. In addition to non-contentious matters, Josh also has particular experience in contentious planning and environmental matters such as advising on regulatory offences and leading in judicial and statutory reviews proceedings, planning appeals, hearings and public inquiries. Josh's knowledge of the planning system and his ability to provide pragmatic and strategic advice means he can ensure his client's objectives are achieved in a timely…