Campaign group threatens legal action over impact of National Planning Policy Framework reforms on BNG

It said it is a designated responsible body for conservation covenants under Part 7 of the Environment Act 2021.

Lifescape told the Ministry for Housing, Communities and Local Government that the biodiversity net gain regime established a requirement for qualifying developments to deliver at least a 10% gain in return for planning consent.

But the revised NPPF introduced new policies “which, on their face, restrict the ability of local planning authorities to adopt and give effect to such BNG requirements in excess of the 10% statutory minimum as they may decide are appropriate for their area”.

Its key concern was that the NPPF now risked turning the 10% statutory minimum “into a practical ceiling, thereby undermining the ability of locally prepared development plans to respond to local community biodiversity needs”.

Lifescape noted the Office for Environmental Protection had advised the Government that biodiversity net gain had not had sufficient time to become embedded before the NPPF’s extensive changes took effect.

A significant number of local authorities have already adopted - or were developing - policies requiring a gain in excess of 10% where local evidence justified this. 

On the grounds for the challenge, Lifescape said it is concerned that the changes to the NPPF "go significantly beyond legitimate policy making, by unlawfully:

1. frustrating the effective operation of numerous statutes, including both important environmental and localism related regimes; alternatively unlawfully attempting to amend the statutory framework by planning policy;
2. failing to give due regard to the Environmental Principles Policy Statement;
3. failing to take into account the adverse economic impact of the policies, which was a material consideration in making them;
4. failing to take account of the disproportionate effect of the revisions on disadvantaged communities and their access to nature; and
5. basing the policy on an irrational justification."

Ian Thorn, leader of Wiltshire Council, said: “Wiltshire Council is committed to BNG.

“We have already successfully delivered the Wiltshire Local Nature Recovery Strategy and significant biodiversity enhancements. We are keen to bring in ambitious BNG delivery plans as part of our local plan because we want to provide communities with even more access to high-quality nature. 

“Since becoming PM, Andy Burnham has written to say that devolving power to local areas is a priority. However, this planning policy change suggests that the Government wants to weaken our commitment to BNG through centralised directives.” 

 A government spokesperson said: “These changes were introduced to recognise that while biodiversity net gain makes an important contribution to nature recovery, it needs to be applied in a proportionate way.

“It would be inappropriate to comment further due to the potential legal proceedings.”

Mark Smulian