Blandy & Blandy and Environmental Planning & Research Ltd. (EPR), a premier UK independent ecological planning consultancy, have partnered to help developers and landowners navigate the complexities and reputational risks of new Biodiversity Net Gain (BNG) legislation.
Blandy & Blandy will offer essential legal support, including the drafting of bespoke Section 106 agreements and conservation covenants. These complex legal frameworks are crucial for clearly defining and meeting BNG obligations, thereby reducing the risk of non-compliance.
In tandem, EPR will provide expert ecological assessments, habitat survey and condition assessment, production of Habitat Management and Monitoring Plans (HMMPs), on-site monitoring and management supervision and consultation with ecological stakeholders to ensure habitats are effectively preserved, created or enhanced, promoting positive ecological outcomes and ensuring BNG mandates are met.
The BNG legislative regime, introduced through Schedule 7A of the Town and Country Planning Act 1990 and a suite of Biodiversity Net Gain Regulations in pursuance of the requirements of the Environment Act 2021, requires that developers achieve a biodiversity value at least 10% greater than the pre-development value. Where this cannot be achieved on-site, off-site biodiversity enhancements must be secured. This mandate is now a critical component of most planning permissions across England.
Non-compliance can lead to detrimental consequences, including delays in obtaining planning permissions, financial consequences, and reputational damage. Developers and landowners who fail to meet BNG requirements risk regulatory scrutiny, significant legal costs, and adverse impacts on future projects. Additionally, developers face future reputational fallout if they do not deliver and secure high-integrity BNG units, essential for maintaining sector credibility and public trust.
The partnership between Blandy & Blandy and EPR is strategically designed to mitigate these risks through a comprehensive and integrated approach. For landowners, EPR will assess the suitability of land for BNG, forecast achievable biodiversity unit uplifts and provide advice on the habitat management and monitoring needed to deliver and secure this. Blandy & Blandy will secure the necessary legal agreements or conservation covenants, offering protection against legal and financial risks. Additionally, Blandy & Blandy will facilitate the mechanisms for sale of surplus BNG units, streamlining the process for landowners to monetise their biodiversity gains.
Developers will receive tailored support to meet BNG requirements, with Blandy & Blandy customising legal documentation to fit the specific needs of each project. This approach ensures BNG obligations are met efficiently and without unnecessary complications or requirements.
EPR’s expertise supports developers in quantifying required biodiversity gains and then outlining the steps required for creating, maintaining and monitoring the necessary habitats, reducing the risk of regulatory non-compliance and associated delays.
The new partnership will offer a seamlessly integrated service, addressing both the ecological and legal aspects of BNG compliance, so that developers and landowners can navigate the nuances of BNG conscientiously and effectively.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
