Real Estate Briefing May 2023: Planning Update

3. Planning update

3.1 Biodiversity

1. Biodiversity net gain: The current policy in the National Planning Policy framework ("NPPF") and supporting planning practice guidance is that the planning system in England should provide biodiversity net gains where possible. It sets out a biodiversity mitigation hierarchy for local planning authorities ("LPAs") to consider when determining planning applications, which requires that significant harm to biodiversity should be firstly avoided, by locating the development on an alternative site with less harmful impacts; secondly, adequately mitigated; and finally, compensated, as a last resort. If none of these can be achieved, the application should be refused. The new Schedule 7A of the Town and Country Planning Act ("TCPA") 1990 (which is not yet in force) set out a new general condition to all planning permissions granted in England, subject to exceptions. The condition requires a biodiversity gain plan to be submitted