Regulation 19 Rutland Local Plan

Biodiversity Net Gain

What will this Policy do?

This Policy will ensure that all qualifying development will contribute towards delivering measurable net gains for nature so that biodiversity across the County as a whole is improved by the end of the Local Plan period, and the existing network of sites and habitats is protected and strengthened with the retention and creation of robust, well managed green infrastructure.

Biodiversity Net Gain will apply to all applications, except for householder and advertisements applications, and other minor developments where biodiversity considerations are not appropriate, e.g., a change of use from A1 (retail) to A3 (restaurants and cafes). The full list of exemptions is set out in the Biodiversity Gain Regulations (Exemptions) Regulations 2024 (or subsequent legislation).

Policy Guidance on the requirements and processes for planning applications

The Council will expect developers to provide mitigation, compensation, and enhancement measures for biodiversity on, or immediately adjacent to, a site for all major development proposals (10 dwellings plus, 0.5ha or 1,000 sqm plus of floorspace, new build, or conversion or outline proposals capable of accommodating either), and where necessary and appropriate and in the interests of biodiversity, 'off-site' proposals will be considered acceptable. For such development on-site, mitigation, compensation, and enhancement measures will be the preferred option, but off-site will be considered where it offers the best outcome for biodiversity, is in reasonably close proximity to the application site, and follows the mitigation hierarchy.

Only that which cannot be mitigated or compensated for on-site will be permitted off-site, so even where off-site is agreed, on-site measures will still be required. Subject to forthcoming legislation provisions, a similar approach applies to non-major development, in a proportionate manner, also having regard to the most recent Metric and supporting Defra/Natural England Guidance. Prior to the adoption of an SPD, applicants are required to demonstrate a net gain in biodiversity through the application of the Defra Biodiversity Metric (or any subsequent replacement) and shall provide to the Council in support of an application a Biodiversity Gain Plan that includes:

• appropriate and up-to-date ecological surveys;
• an accurate, measurable plan of existing habitats as referenced in the metric;
• an accurate, measurable plan of proposed habitats as referenced in the metric;
• the metric calculations in their original form.

If developers cannot achieve on-site or off-site biodiversity net gain, they must buy statutory biodiversity credits. This must be a last resort. Buying statutory credits means that as well as, or instead of, creating and enhancing biodiversity on or off a development site, developers can make a financial contribution which counts towards their BNG. This contribution will be used to fund biodiversity enhancements across England. Buying statutory credits is a last resort option for developers who are unable to use on-site or off-site units to deliver BNG.

Where off-site is proposed through a scheme of biodiversity credits and/or land banking, that scheme and the location for the off-site measures will need to be approved by the Council, and evidence submitted to the Council to demonstrate compliance with Policy EN3 and any subsequent SPD.

All development proposals will be expected to demonstrate, through survey, assessment, and interpretation carried out by a suitably qualified professional, a comprehensive understanding of habitats and species associated with their site and adjacent land, and to provide an assessment of the likely effects. The assessment should be proportionate to the interests of the site and the likely effects of the proposal, and seek relevant information from the Rutland County Biodiversity Assessment (May 2023) and the Leicestershire, Leicester & Rutland Records Centre. It must be recognised that the DEFRA Biodiversity Metric is a proxy for biodiversity and does not cover all likely effects, and that professional judgment will be required to take account of issues outside the metric, including disturbance and connectivity.

Proposals for biodiversity and landscaping should be informed by national and local guidance, and strategies including the Local Nature Recovery Plans. Current relevant guidance and information includes Rutland County Biodiversity Assessment (May 2023) and Biodiversity Action Plans. As part of net gains for nature, development will be expected to provide, protect, and reinforce green and blue infrastructure in accordance with Policy EN7 Green and Blue Infrastructure and to provide enhancements for biodiversity, to include where possible, but not limited to:

• bird and bat boxes selected and located in accordance with the advice of an ecologist, integrated into new buildings, and focused on garden and urban species, including crevice dwelling bats, swifts, house sparrows, and starlings
• wildlife friendly sustainable urban drainage (SuDs) features
• ponds and scrapes specifically designed for wildlife
• holes in fences for hedgehogs
• amphibian friendly kerbs/drains
• culverts under paths and roads for small mammals, reptiles, and amphibians
• wildlife friendly show gardens
• a scheme of wildlife talks and events for new residents
• bug boxes and bug hotels
• on-site interpretation panels of ecological features and habitats

Until such time as a SPD is adopted, reference will be made to the latest government guidance, Biodiversity Net Gain – Principles and Guidance for UK Construction and Developments (CIEEM, CIRIA, IEMA, 2016), British Standard BS42020 Biodiversity - Code of Practice for Planning and Development, and BS8683 - Biodiversity Net Gain or subsequent revisions.

Harm to irreplaceable habitats, including ancient woodland, should be avoided and they cannot be included in metric calculations for any gain or loss.

Any effects, either positive or negative, on ancient woodland will be considered in accordance with the Policy EN5 - Ancient woodland and veteran trees

Why is this policy needed?

The Council has a legal duty to conserve biodiversity. A key role for the Local Plan is to ensure that future growth, especially in terms of housing and the economy, can take place without damaging the high-quality environment. If impacts are unavoidable then the Council must make sure mitigation is put in place to reduce any harm. This is particularly important in relation to the internationally protected habitats and species designations.

Government policy requires biodiversity net gain to be sought through planning policies and decisions. Biodiversity net gain should deliver measurable improvements for biodiversity by creating or enhancing habitats in association with development and can be achieved on or off site. One of provisions of the Environment Act (2021) is the mandatory requirement for new developments to provide 10% biodiversity net gain.

The Biodiversity Study will provide the baseline against which Biodiversity Gain Plans for development proposals and the metric will be assessed. The biodiversity evidence covers the whole County and provides detailed information on existing habitat and species. The biodiversity study indicates that there is a paucity of biodiverse rich habitat in the County and opportunities to increase it should be identified.

The Council will, consider providing further detailed guidance on this policy in the form of a Supplementary Planning Document which will set out the requirements for on-site and off-site net gain for:

• conservation objectives;
• long term management and monitoring;
• funding arrangements and costs for any local or strategic offsetting schemes. Requirements and processes for planning applications

Supporting Evidence

Rutland County Biodiversity Assessment (May 2023)

This provides a robust evidence base for the preparation of biodiversity and natural environment policies and proposals in the new Local Plan as well as informing a diverse range of other policy requirements such as Biodiversity Net Gain (BNG) Local Nature Recovery Strategies (LNRS), Green and Blue Infrastructure and climate change.