The UK’s flagship 2021 Environment Act promised that new developments would leave nature in a better state than before, requiring at least a 10% increase in biodiversity.
- Lifescape has sent a pre-action letter to the Minister for Housing, Communities and Local Government regarding recent changes to the National Planning Policy Framework (NPPF) which unlawfully seek to change this statutory provision
- A win would create a much-needed brake on a raft of recent proposals whose effect will be to hollow out the ambition for improved biodiversity underpinning biodiversity net gain (BNG)
The pre-action letter to the Government concerns the new policies N1 and N2, which restrict the ability of local planning authorities (LPAs) to adopt and give effect to BNG requirements in excess of the 10% statutory minimum. This will prevent LPAs from setting higher levels where justified by local circumstances. Parliament said that 10% BNG was the floor, not the ceiling. Rather than asking Parliament to change the law, the Government is attempting to achieve the same outcome through planning policy. We believe that this is unlawful.
By restricting the circumstances in which LPAs may adopt, apply or give weight to development plan policies requiring BNG in excess of the statutory minimum, we believe that 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 the market for credits rests on its statutory underpinning, as repeatedly acknowledged by the Government previously but ignored in these changes.
We believe the changes are likely to have a material impact on local authorities’ ability to meet their own locally determined targets through their Local Nature Recovery Strategies, which are often supported by BNG. This means less nature recovery in areas that need and want it. More broadly, we foresee this impacting the likelihood of achieving the national nature recovery objectives set out in the recently revised Environmental Improvement Plan.
This is also an issue of equality. The Government’s equalities impact assessment for these proposals explicitly acknowledges that the changes have the potential to reduce opportunities for enhanced provision in areas with the greatest need, including communities with protected characteristics who already have less access to nature.
The pre-action letter gives the Government the opportunity to withdraw or clarify the recent amendments to the NPPF to make them consistent with the law. If the Government’s response is unsatisfactory, we are considering judicial review.
If you’re passionate about restoring the UK’s nature, and protecting people’s access to it, please help us to raise the funds we need to cover our legal costs in this important action and help us to raise support by sending a letter with your concerns to your local MP using the template.
Lifescape’s CEO, Adam Eagle, said:
“This policy move is regressive on so many levels. It undermines the Government’s localism and devolution agendas by bulldozing democratically made local plans which respond to local nature and community needs. Worse still, the Government’s own impact assessment acknowledges that disadvantaged communities will be disproportionately hit by these policies.
“On an economic level, the policies strike a blow to confidence which is critical to the nascent biodiversity net gain market, after so much effort and investment from landowners, farmers, habitat-bank operators and investors. The changes simply don’t make sense for a Government ostensibly committed to meeting its international biodiversity and nature recovery targets.
“For these reasons, we have written to the Government stating that, if they do not reverse course, we will be bringing a judicial review of the changes to the NPPF.”
Pre action letter
Press release
Contact Stephanie Smith (Managing Lawyer – Rewilding) stephanie.smith@lifescapeproject.org or Nola Donachie (Managing Lawyer – Litigation) nola.donachie@lifescapeproject.org for more details.
