An environmental organisation has warned the government it may take legal action against amendments to current BNG regulations, which effectively change ‘minimum’ levels to ‘maximum’ limits.
If introduced, the updated rules would mean the statutory minimum biodiversity net gain for construction projects — 10% — becomes the upper limit. However, the Lifescape Project has warned the new provisions in the forthcoming National Planning Policy Framework, which allow for this could be the subject of a legal battle.
‘The revised NPPF, published on 17 August, introduced new policies N1 and N2 which, on their face, restrict the ability of local planning authorities (LPAs) to adopt and give effect to such BNG requirements in excess of the 10% statutory minimum as they may decide are appropriate for their area,’ said a spokesperson for Lifescape.
‘The effects of this are wide-ranging. The policies, particularly when read alongside other recent BNG exemptions, will have a significant negative impact on the market for BNG credits, the stability of which rests on its statutory underpinning, as repeatedly acknowledged by the government,’ they added. ‘Lifescape’s concern is that the revised NPPF risks turning the statutory minimum into a practical ceiling and undermining the ability of locally prepared development plans to respond to local community biodiversity needs.’
Image: Azaz Ahmad / Unsplash
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