Housing Development and Biodiversity Conservation: Finding the Balance

In response to the growing housing shortage in the UK, the Government pledged to build 1.5 million homes before the next general election. When Deputy Prime Minister Angela Rayner told council leaders in a letter that every local authority is obliged to contribute to meeting this target by 2029, the Government’s commitment to their pledge was clear and many local authorities have significantly modified their housing plans to align with the ambitious project.

Prioritising new homes and biodiversity

The new housing policies do not just deal with tackling the shortage of new homes. The Government’s plans are complex and have been developed to ensure that housing development and biodiversity conservation interconnect. This is communicated in the most recent update to the National Planning Policy Framework (NPPF) in December 2024, which mandates that local authorities consider the impact of housing development on biodiversity and promote the enhancement of natural habitats.

Despite ultimate responsibility resting with the Government, developers and local authorities must carefully navigate their way through the policy requirements to ensure they comply sufficiently and to avoid the threat of legal challenges, project delays or financial penalties.

What steps can developers take to ensure compliance?

• Conduct thorough ecological surveys to assess the biodiversity present on the proposed development land.

• Engage with environmental stakeholders and incorporate feedback into the planning process.

• Implement biodiversity enhancement measures as part of their development plans, such as creating wildlife corridors, preserving existing trees, and reintroducing native plant species.

Mandatory BNG (Biodiversity Net Gain)

The Government’s new housing policies are not the first to consider the impact of development on biodiversity and many developers will already be familiar with the requirements introduced by The Environment Act 2021. This legislation mandates that new developments must meet a minimum 10% biodiversity net gain. This means developers must be able to demonstrate a measurable increase in biodiversity value compared to the pre-development site

What impact does the BNG policy have on the planning process?

Developers must take all appropriate advice as early as possible and should evidence how they will achieve the BNG target when submitting plans to the Local Planning Authority (LPA).

All planning permissions will be deemed to be granted subject to the Biodiversity Net Gain Condition (BNG Condition) and there is no right to remove or amend it.

Rebecca Williamson Associate Solicitor in Commercial Property

Email: rebeccawilliamson@girlings.com

Tel: 01227 768 374

The BNG Condition requires the developer to obtain approval from the LPA to the developer’s Biodiversity Net Gain Plan (BNG Plan). The LPA has eight weeks to either approve or refuse the BNG plan and a developer can appeal a refusal within six months.

There is no right for a developer to amend a BNG Plan once approved making it difficult and time consuming to rectify errors.

If a developer fails to comply with the BNG Condition once planning permission is granted, then enforcement action is likely to be taken. This might include remediation work, the purchase of statutory biodiversity credits, or requiring modifications to the development site. If this cannot be done, then the developer may be required to remove the development completely.

Developers should also consider the BNG Condition on any change in ownership.

A local authority might serve new notices as BNG conditions do not automatically transfer to new landowners.

Balancing the need for housing and the protection of wildlife habitats

The Government’s requirements for housing development are increasingly intertwined with biodiversity considerations. Developers must navigate these complex regulations carefully, as compliance is essential for the success of housing projects while ensuring the preservation of vital biological resources. As urbanisation continues to rise, the balance between housing needs and biodiversity conservation will remain a crucial legal and ethical challenge for governments, communities, and developers.