Planning matters

With mandatory biodiversity net gain (BNG) requirements coming into force in England earlier this year and Wales’ new requirement for development to deliver a net benefit for biodiversity, Scotland is not alone in placing greater priority on biodiversity. The Scottish government is currently reflecting on its system to secure biodiversity enhancements through the introduction of a biodiversity metric.

“Securing positive effects for biodiversity” is one of Scotland’s national outcomes. The Scottish Biodiversity Strategy states that by 2045, Scotland will have restored and regenerated biodiversity across its land, freshwater and seas. To ensure that new development helps to meet these aims, National Planning Framework 4 (NPF4) Policy 3b requires all major development (including national and EIA development) to include “significant biodiversity enhancements”. However, Scotland does not yet have an agreed standard approach to measuring biodiversity gains.

As Lichfields’ February 2024 ‘Scotland Planning News’ sets out, the Scottish Government published draft biodiversity guidance in November 2023 for the application of biodiversity policies in NPF4. Following this, and the introduction of a statutory biodiversity metric in England earlier this year, the Scottish Government has commissioned NatureScot to develop a biodiversity metric for use in the Scottish planning system. The metric is intended to support delivery of NPF4 Policy 3b by applying a consistent approach to measuring biodiversity and thus enabling the delivery of appropriate biodiversity enhancement in Scotland.

NatureScot’s work focuses on adapting England’s statutory metric to better reflect Scotland’s different legislative, policy and environmental context. Work on the metric is anticipated to be completed within 12 months, with final outputs expected to be:

NatureScot is currently consulting on key issues identified in adapting England’s metric for the Scottish planning system. The initial issues for review include the following:

1. Principles and rules underpinning the metric’s approach
2. Habitat classification system
3. Irreplaceable habitats
4. Habitat distinctiveness
5. Habitat condition
6. Strategic significance
7. Technical difficulty risk factor
8. Temporal risk factor
9. Spatial risk factor

For each of the above, NatureScot is seeking views on agreement with the issue(s) identified, any additional issues to consider, ideas or solutions for addressing issues identified, and comments on the phased approach set out for development of the metric. Responses are due by Friday 10 May.

Lichfields’ experience with BNGLichfields has been assisting clients in Scotland to understand what biodiversity enhancements might mean for their developments and with various aspects of BNG in England for several years. Whilst mandatory requirements for developments in England to achieve 10% BNG are relatively new [1], the principle of delivering BNG has been established in some Local Authorities for a number of years.

We regularly work with ecologists to advise clients on options for the delivery of BNG, as well as coordinating strategies to deliver combined BNG requirements for several sites. We also worked with Local Authorities to prepare suitably worded planning conditions and legal agreements to secure delivery of local BNG targets, prior to the introduction of mandatory requirements and the BNG condition.

Lichfields’ thoughts on the Scottish proposalsA key difference in the Scottish BNG system is its emphasis on biodiversity enhancement through development, rather than a requirement to achieve a specific % net gain as in the English system. England’s approach requires at least 10% BNG, whereas Scotland’s policy led approach is less rigid, with a policy requirement for biodiversity enhancements to be considered within the overall planning balance. As such, Scotland’s metric needs to be “suitable for informing professional judgement and evidence based decision-making when consenting development”.

A standard Scottish BNG metric will ensure consistency in the approach to measuring existing biodiversity values and the biodiversity enhancements required by NPF4 policy 3b. However, with no definition of ‘significant biodiversity enhancements’, the application of the policy will remain somewhat subjective and reliant on professional judgement of planning officers and/or Councillors.

It is also unclear at this stage whether the Scottish BNG metric will be a mandatory requirement for all major (including national and EIA) developments, or whether there will be any exemptions to the requirement as with the English system, and we will be keeping a close eye on how the metric and approach to biodiversity in the Scottish planning system evolves.

How can we help?BNG was a hot topic south of the border prior to the requirements becoming mandatory and Lichfields produced a series of thought pieces and helpful resources on BNG in England as part of that debate. While the approach is different in Scotland these might be of interest, and can be found here.

If you have any queries regarding the English or Scottish BNG systems, or would like any advice on navigating your way through BNG, please get in touch.

There are many other significant changes to the Scottish planning system that are either in force, imminent or under consideration. For the latest position, please read the Lichfields Scotland Planning News.