Back
We continue to provide our legal services through the COVID-19 lockdown. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

Biodiversity off-setting consultation

04 November 2013

DEFRA has published a green paper on biodiversity offsetting in England and launched a consultation on the government’s proposals. The consultation closes on 7 November 2013.

Biodiversity offsetting is to be used as part of the planning process for approval of developments. Subject to certain conditions, it allows a developer to damage the environmental value of a site (where this damage cannot be avoided), provided it pays to restore another site that has the potential to have at least the same environmental quality as the damaged site.

Biodiversity offsetting is already sometimes used in limited circumstances in the UK. DEFRA is currently piloting such schemes with local planning authorities in six areas of England and they are now consulting on proposals for wider use.

The scheme would follow the mitigation hierarchy which is already embedded in planning policy, and which requires environmental damage to be dealt with in the following order:

  • Avoid harm
  • Where harm is unavoidable, mitigate the impact
  • Compensate for any residual impact

The consultation covers various issues including how offsetting schemes should be funded, how they should be applied and whether management agreements and an offset register are required.

Contact
Alasdair Garbutt LLB (Hons)
Partner
View profile
Alasdair Garbutt
Related services
Share this article
Resources to help

Related articles

An e-sign of the times?

Commercial property

Times are changing but there’s still a place for pen and ink when it comes to legal property documents, explains paralegal Yasmin Lewis. In the commercial property sector there is…

Yasmin Lewis LLB (Hons)
Paralegal

Trustees' duties & charity land: 6 frequently-asked questions

Commercial property

Getting the best deal for your charity, while complying with charity law, is part and parcel of being a trustee; but what are the legal requirements when it comes to…

Charlotte Brunsdon LLB, BA (Hons)
Solicitor

Buying a business or property in the hospitality & leisure sector?

Commercial property

Whether you’re a first-time business buyer entering into the leisure sector, or you’re an experienced hotelier embarking on your next acquisition, the importance of doing your legal ‘homework’ shouldn’t be…

Alasdair Garbutt LLB (Hons)
Partner
Contact us