Planning Speed Read: Updates on BNG and New Homes Accelerator
6th September, 2024
In this Planning Speed Read, we look at two important issues, Key challenges for Biodiversity Net Gain implementation and the New Homes Accelerator Programme
The UK government has introduced Biodiversity Net Gain (BNG), effective February 2024, requiring developers to ensure all new projects achieve at least a 10% biodiversity improvement. This aims to leave natural habitats better off post-development, though challenges include regulating biodiversity units, aligning environmental objectives, and addressing local authorities’ capacity gaps due to limited ecological expertise.
The New Homes Accelerator (NHA) program seeks to resolve housing development delays by deploying expert support, though concerns remain about the extent of its legislative powers. These initiatives reflect a push towards sustainable development while balancing practical implementation concerns.
Key challenges for Biodiversity Net Gain implementation
On 2 September 2024, UK Parliament published a POSTnote research briefing entitled “Biodiversity Net Gain”. The note relies on a number of views and sources, including (but not limited to) the National Audit Office (NAO), The 2018 NPPF BNG Consultation, and academic commentators/researchers.
Some of the challenges and issues highlighted in the POSTnote are as follows:
- Regulating and auditing the delivery of biodiversity units
The National Audit Office (NAO) set out the risk that local authorities may be unable to release legal, compliance and enforcement obligations in relation to BNG, and whether Defra will be able to effectively monitor their performance. UK nature markets standards are under development, however, researcher suggest that suitable frameworks need to be in place that regulate fraud and deception as a minimum, and they suggest that governments could take on the role of regulator to avoid and address market failures.
- Managing trade-offs with other environmental objectives
Researchers have suggested a more robust overall environmental assessment is needed. The supply of some ecosystem services often focus on quantity alone, rather than focusing equally on quality and quantity.
- Delivering optimal outcomes for nature
Some academics have commented that the dominance of habitat creation on development sites is unlikely to deliver optimal outcomes for nature. They state a lower housing density to accommodate on-site gains may mean more land overall is required for development to take place and, further, that loss of low and medium level distinctiveness habitats essential in a local context could impact on species regardless of metric scores. They suggest that some species could be prioritised for onsite gains as they can co-exist with humans, e.g. farmland birds.
- Balancing the needs of existing communities and those being created
Researchers state that if gains are not delivered locally, it may negatively impact the health and wellbeing of the community through a reduction in that community’s access to nature. There is currently no legislative power to protect areas of cultural significance when complex cultural value issues arise. Local authorities may ask developers to secure offsite biodiversity units near to affected communities, but there is no law requiring developers to do so.
- Alignment with the development process
Researchers argue for better alignment of BNG with the development process, including due diligence at the site selection stage.
- Access to ecological expertise
The Association of Local Government Ecologists report difficulties in recruiting and training ecologists. A varied skill set is required, such as understanding BNG financing models. This led the Home Builders Federation to raise concerns that without adequate resourcing planning system delays will increase.
For more information please click here.
New Homes Accelerator Programme
The government has announced the launch of the New Homes Accelerator programme (NHA). The NHA will aim to aid the collaboration between government agencies, local planning departments and housebuilders in order to resolve local issues and unblock and accelerate the delivery of housing developments which have stalled. At the present time, we are unaware of the legislative or regulatory powers the NHA will acquire.
The New Homes Accelerator aims to:
- Identify and address thematic issues causing delay
- Deploy expert teams to support local authorities, offering planning and enabling assistance to expedite the development process
- Utilise resources to unblock and accelerate delivery on slowly progressing and delayed sites
- Inform future reforms to housing and planning policy, where policy barriers to rapid housing delivery are identified.
Overall, housebuilders have had a positive reaction to the news of the NHA, hoping it will address the significant delays they are currently facing. However, more needs to be known about precisely what powers will be made available to the NHA to effectively accelerate the delivery of new homes and break the deadlock that many developers and local authorities face in terms of timing and resource issues.
For more information please click here.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
