Scoping document for Biodiversity Net Gain SPD

Introduction

The Wyre Forest Biodiversity Net Gain Supplementary Planning Document (SPD) aims to provide more detailed advice on the implementation of Biodiversity Net Gain in a local context, building on both national and local policy and guidance. It has been prepared in partnership with colleagues in the planning team.

The SPD will largely focus on the implementation of Biodiversity Net Gain, which came into force as a legal requirement under Schedule 7A of the Town and Country Planning Act (1990), inserted by Schedule 14 of the Environment Act (2021). However, it will give guidance that is also applicable to the council’s Local Planning Policy relating to Biodiversity Net Gain as captured in Policy SP.23 of the Wyre Forest District Local Plan (Adopted 2022). The SPD is aimed at Local Authority Planning Officers, applicants, developers, other relevant organisations, and the wider community, providing expectations and guidance on how to interpret national and local biodiversity policy in a local context.

We are inviting your comments on this scoping report to help us in identifying the key issues that need to be addressed through the Biodiversity Net Gain SPD for Wyre Forest district.

What is an SPD?

Supplementary Planning Documents build upon and provide more detailed guidance in the Local Plan. Legally, they do not form part of the Local Plan itself and cannot establish new policy; instead, they provide additional guidance on the interpretation and implementation of local policy. They are accorded significant weight in this regard as a material planning consideration in the determination of planning applications.

Policy context

National and local policy context

The National Planning Policy Framework (NPPF) (National Planning Policy Framework - GOV.UK) sets out how Government Planning Policy should be applied. The NPPF states in paragraph 187 that planning policies and decisions should contribute to and enhance the natural environment by “minimising impacts on and providing net gains for biodiversity”. Biodiversity Net Gain as a statutory requirement for planning applications became embedded in the planning system in early 2024, through Schedule 7A of the Town and Country Planning Act (1990) (as inserted by the Environment Act 2021). This new legislation mandates a net gain in biodiversity for non-exempt developments of at least 10% from the onsite baseline condition.

In a local context, the NPPF’s emphasis on supporting and enhancing biodiversity was embedded through policy SP.23 of the Wyre Forest District Local Plan, adopted in April 2022. Policy SP.23 states that “The council will expect proposed developments to deliver measurable net gains in biodiversity through the promotion and re-creation of priority habitats, ecological networks and the protection and recovery of legally protected and priority species populations”.

Biodiversity Net Gain therefore exists in both a national and a local context, with local policy providing requirements for gains in biodiversity for proposals which fall outside of the national, statutory mechanism. The aim of the SPD is thereby to provide detailed guidance on both the National Biodiversity Net Gain requirement and policy SP.23 of the Wyre Forest District Local Plan. Guidance will aim to provide expectations for the planning application process, from the pre-application stage, to validation and consideration, and condition discharge and ongoing monitoring and maintenance.

Sustainability Appraisal and Strategic Environmental Assessment

National planning policy indicates that a Sustainability Appraisal (SA) and Strategic Environmental Assessment (SEA) are not required for an SPD unless it is considered that there are likely to be significant environmental effects or exceptional circumstances.

This SPD builds upon policies in the adopted Local Plan for Wyre Forest, all of which have been subject to a SA and SEA, as well as detailed scrutiny at the examination stage. If you believe an SEA is required, please set out the exceptional circumstances that you believe justify one being required to be undertaken as part of your response.

Topics to be covered by the Biodiversity Net Gain SPD

The table below sets out proposed sections for the Biodiversity SPD and how they will be addressed

Timeline for production