The report of the Interim Strategic Director, Place (Document “T”) will be submitted to the Committee to provide Members with an update on developments relating to the Environment Act 2021.

Recommended –

That Members note the progress made and support the general aims to protect and improve the Districts biodiversity

(Danny Jackson – 01274 431230)

The report of the Interim Strategic Director, Place (Document “T”) was submitted to the Committee to provide Members with a further updates relating to developments as part of the Environment Act 2021 since it came into law.  The new legislation placed further statutory duties on local authorities to achieve a minimum of 10% net bio-diversity gain on every planning approval which would be mandatory from November 2023.

Officers explained that biodiversity levels would be measured both pre and post construction and needed to show a 10% increase within the site or nearby.  As a last resort the biodiversity gain could be offset and put into a ‘habitat bank’ whereby other areas could be enhanced.  The habitat bank would be led by the local authority and would be managed to ensure equity across the area.

Another element required by the Environment Act was the Local Nature Recovery Strategy (LNRS) for which WYCA was appointed by the Government to act as the responsible authority to prepare and publish the strategy.  Bradford as well as the other West Yorkshire local authorities would feed into this.  The report included details of what would be included in the LNRS that had been set out in the Act.  The sphere of these would also include species action plans which would be taken into account to help conservation and recovery of species such as bees and other pollinators.

Officers also reminded Members that the Supplementary Planning Document had been adopted as of January 2022 to protect the South Pennine Moors within the Bradford District from the impacts of development.  They also confirmed that funding from central Government was not finalised indicating that there would be a resource implication to enact and maintain the new legislation and that secondary legislation was yet to be announced.

Members were then given the opportunity to comment and ask questions, the details of which and the responses given are as below.

·            A Member asked what the local benefit would be if net gain measure were taken off-site and how could it be managed to ensure it was maintained.  Officers advised that offsetting was the last resort option and they would aim to keep net gain measures within sites wherever possible.  They would work with developers to this end.

·            Would a S106 be used as the mechanism to secure biodiversity net gain?  Officers advised that it was being looked into in co-operation with other local authorities

·            A member asked if there was a time limit and who would be responsible for maintaining the biodiversity measures.  Officers advised that they were pushing for in perpetuity but 30 years was the likely time period.  There was no clear picture as to what would happen and it may be clarified in the secondary legislation which was due.  Officers stated that Members would be updated

·            A Member asked what the Council was doing about equitable diversity in areas of limited or no new developments as Members would like input to identify areas for improvement.  Officers advised that areas would be identified and Member input could be included.  Members were to be involved in the bio-diversity plan and a meeting had already been scheduled to get it underway

·            A Member asked for a definition of what net gain actually meant and was advised that it would be written in to applications and would be required to be achieved and maintained.  Using the DEFRA metric system to calculate, surveys would be carried out before to look at habitats on site and based on what was present, a bio-diversity value would be assigned by inputting data into the metric database.

·            A Member asked how the decision was made and who the decision maker would be where net gain measures were implemented whether on site, nearby or offset.  Also, would cost effectiveness for the developer be taken into account.  Officers advised that a habitat survey would be carried out and then checked by a Bio-Diversity Officer from the Local Authority who would check on site to ensure the survey was appropriate

·            A Member asked how much could be mandated as part of planning applications and was advised that it could be updated if needed as it was all very new at this time

·            A Member asked about the different development zones and was advised that they were set out based on evidence of likely impact on plants, predation by domestic pets and protected birds foraging beyond the boundary of the moors themselves

·            A Member asked about the capacity within the local authority to be able to support and deliver the necessary provision and whether there would be a role to work with communities.  Officers advised that it was estimate that approximately 3.7 FTE staff would be needed to include Ecologists, Monitoring   Officers and Planning Officers etc.  In relation to working with the local community, it would be key to identify opportunities to do so and could include private land owners.  Further work was needed and community groups would be engaged wherever possible

·            A Member asked whether Farmers could be included and was advised that they could be encouraged to get involved and projects were underway on grass enhancements on agricultural sites.  The Calder Rivers Trust also had a meeting scheduled to take place in which Farmers were and could be involved. 

·            A Member noted that soil and grass improvements were needed and another Member stressed the need for urban areas not to be overlooked

Resolved –

1.          That consideration be given to Members’ involvement in the Bio-diversity Partnership

2.          That the progress made to improve and protect the District’s biodiversity be noted

3.          That a further progress report, to include an update on the Local Nature Recovery Strategy, be presented to this Committee in 12 months’ time

Action: Strategic Director, Place