Back
Get in Touch Menu

Biodiversity off-setting consultation

Published: · Last updated:

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.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Alasdair Garbutt LLB (Hons)
Partner
Alasdair Garbutt
View profile
Related services
Share this article
Resources to help

Related articles

How important is due diligence when buying commercial property?

Real estate

Understanding the role of due diligence when buying commercial property is crucial for investors, developers and business owners alike. In this video, our experts suggest what can happen when issues emerge…

Emma Thompson LLB (Hons)
Partner

New legal guide rankings for Willans’ employment department as family team completes full house

Employment & business immigration

Willans is excited to have received a number of new and improved recommendations in the latest editions of independent national legal guides, Chambers UK and The Legal 500, with recognition…

Willans
Solicitors

Supporting Medical Graphics UK through a successful sale

Corporate

Willans’ corporate & commercial team has advised a Gloucestershire-based medical equipment specialist, Medical Graphics UK, on the sale of the company to one of Europe’s premier pharmaceutical contract development and…

Willans
Solicitors
Contact us