17June 2024

Biodiversity - Space for Nature

Biodiversity

Nature needs space to live and flourish, but around the globe human activity has decreased and diminished those spaces, this is especially so in the UK which is one of the most nature depleted countries. (State of Nature report 2023). Biodiversity plays a key role in maintaining ecosystem functions such as pollination, water purification, soil fertility and climate regulation and the impacts of nature loss are widespread:

Human health and mental well-being.

Loss of pollinators worth millions to UK agriculture and threatening food security.

Development in areas prone to flooding.

The three measures of biodiversity are Abundance (number of individuals), Distribution (proportion of sites occupied) and Risk of Extinction. Since 1970, birdlife has declined by 19%, with some species as much as 38%, invertebrate species average decline of 13%.  (State of Nature report 2023).

There are many demands on land within the UK, farming, forestry, housing, national infrastructure (roads, railways, industry), and development activities causing habitat destruction with detrimental impact on wildlife. Creating new habitat or enhancing existing habitat will in theory mitigate these losses, however, nature is more than what we can see with the naked eye; trees, hedgerows, ditches, birds, mammals, invertebrates, plants, lichen, moss, fungi are all above the soil surface and are noticeable when no longer there, but what about the diversity of species within the soil itself; worms, nematodes, mycorrhiza, bacteria. It would appear extremely difficult to replicate those losses, for example, when removing an ancient hedgerow and all the beneficial species that thrive in that vicinity. This is what we are faced with in Diseworth.

Schedule 14 of the Environment Act 2021 was inserted in Schedule 7A of the Town and Country Planning Act 1990, and from February 12th, 2024, Biodiversity Net Gain (BNG) legislation from UK Government requires developers to consider biodiversity conservation in projects, ensuring compliance.  However, we are starting from a very low baseline, so the requirement of developers to create (BNG) of 10% over and above what has been destroyed is only a marginal gain overall, and likely will not occur in the area where habitat has been lost.

Biodiversity value of land to be developed is measured in units, based on size, quality, location, and type, and should be done in consultation with an ecologist to measure the value of the existing habitat and advise on suitable habitat creation using the biodiversity metric to calculate the current number of units, and the number needed to replace those plus 10%.

Certain developments are however exempt, such as those below threshold on size, rail infrastructure, urgent crown developments and developments granted permission by development order.

Under this government legislation there are 3 ways a developer can achieve BNG in order of preference:

·       Create biodiversity on-site (within the red line boundary of a development site). 

·       If developers cannot achieve all of their BNG on-site, they can deliver through a mixture of on-site and off-site. Developers can either make off-site biodiversity gains on their own land outside the development site or buy off-site biodiversity units on the market.

·       If developers cannot achieve on-site or off-site BNG, they must buy statutory biodiversity credits from the government. This should be a last resort. The government will use the revenue to invest in habitat creation in England.  

Habitat creation to offset the destruction can include all of the above and must be registered with the Local Planning Authority with a legal requirement for them to be maintained and monitored for 30 years. The LPA will be responsible for enforcing the agreement throughout its lifetime.  As we are aware many cuts have been made to Councils and it is therfore important that campaign groups, nature lovers and those fighting for nature ensure that BNG is properly considered, implemented, managed and measured. Report where breaches are known, record and monitor and ensure correct procedures are adhered to.