Partner Article

Clarity needed from government around biodiversity net gain if developers and landowners are to embrace natural capital projects

The Government needs to provide clarity and guidance on the emerging environmental regulation, biodiversity net gain (BNG) and nutrient neutrality to prevent it from reducing the viability of development and delaying sites from coming forward, a House of Lords inquiry heard.

Alex Watts, an associate at leading property consultancy Fisher German, gave evidence at the House of Lords’ Built Environment Committee’s inquiry entitled: ‘The impact of environmental regulations on development’, where the committee is examining how new environmental laws might help or hinder new projects.

Alex has led on a Fisher German brokerage platform known as ‘The Green Offset’ since 2021, which pairs those looking for areas to site natural capital schemes with parties who have land available.

The Green Offset enables ‘Offset Seekers’ – firms or individuals looking for land for environmental requirements - to search for suitable sites and contact landowners, or their agents, once a match is made. Landowners, referred to as ‘Offset Providers’, can easily register their land on the website, showing that they are open to discussing the potential of siting environmental schemes on their land, without committing them to anything.

Fisher German developed the scheme in anticipation of the Environment Act 2021 being made into law. Now the Act has passed, the majority of development projects must deliver at least 10 per cent BNG by November 2023. Alex submitted evidence around how the Green Offset scheme has already been highly successful for landowners and developers and is helping to facilitate a market for BNG– but that a lack of clarity in the legislation is preventing it from being embraced by landowners and developers alike.

After the session, she said: “While the Environment Act 2021 coming into force has clarified how much BNG is needed in new planning permissions, it is the lack of secondary legislation that is causing problems. “For example, it is unclear at the moment if planning authorities, developers or landowners have the responsibility of reporting and monitoring of a new project which is delivering BNG, and the level of detail and cost required.

“As such, it is difficult to give clear advice to either landowner or developer clients on BNG, which is stopping many from committing to new projects and stifling growth. “I gave evidence to the committee that it is crucial for secondary legislation to clear up these issues so we can give meaningful advice to clients, and encourage development to continue while also providing new natural capital schemes that benefit the environment.” Alex was also pleased the House of Lords invited Fisher German to submit evidence to the inquiry.

She added: “I think our invitation was a great reflection of the fantastic work we’ve been doing to help our clients achieve BNG on their projects.

“I’m hopeful my evidence will help the government understand what it needs to do to improve the situation and increase the confidence of developers and landowners to go ahead with new projects.”

This was posted in Bdaily's Members' News section by Matt Joyce .