Back
We continue to provide our legal services through the COVID-19 pandemic. 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

Webinar: Giving effective notice on commercial property

Property litigation

In this free webinar, Willans’ property litigation lawyers take you through the options available for ending a lease early and the pitfalls to avoid on commercial property. Topics covered within…

Willans
Solicitors

Land access for digital infrastructure is subject of new consultation

Commercial property

The government has opened a consultation to help them understand whether changes to the Electronic Communications Code are required. A government consultation is underway to review the legal framework for…

Alasdair Garbutt LLB (Hons)
Partner

COVID-19: a commercial property update for landlords & tenants

Commercial property

As you will be aware from some of our previous updates, a number of measures have been put in place to give businesses the breathing space and tools they need…

Emma Thompson LLB (Hons)
Solicitor
Contact us