Agenda item

To inform Cabinet on how the Council has delivered its obligations under the Environment Act 2021 in respect of furthering its general Biodiversity Net Gain (BNG) objective ahead of the publication of its first report covering the period February 2024 to December 2025. The publication of the BNG report is a statutory obligation under the Act and represents a starting point for a future required 5-year report in 2030.

 

Decision:

RESOLVED that the Biodiversity Net Gain Report 2024-2025, and the Biodiversity Net Gain Reporting Data which underpins it, be approved.

Minutes:

Cabinet considered a report of the Corporate Director (Planning and Community) (A.12) that informed it on how the Council had delivered its obligations under the Environment Act 2021 (“the Act”) in respect of furthering its general Biodiversity Net Gain (BNG) objective ahead of the publication of its first report covering the period February 2024 to December 2025. The publication of the BNG report (as set out in Appendix A to the report) was a statutory obligation under the Act and represented a starting point for a future required 5-year report in 2030.

 

Members were reminded that biodiversity - short for biological diversity - was the variety of all living things, including plants, animals, bacteria, and fungi, and the ecosystems they formed in habitats.

 

BNG required most new developments of homes and businesses to deliver at least a 10% increase in biodiversity value compared to pre-development levels. It aimed to combat habitat loss ensuring development left the environment in a measurably better state for at least 30 years. BNG was a mandatory planning requirement that came into effect in February 2024; at first for major developments, and then in April 2024, for other, minor, development sites.

 

It was reported that all local authorities had to publish a BNG report.  This was to communicate what Councils were doing to improve the environment and to show the positive changes they were making.

 

The general biodiversity objective was defined as:-

 

“…the conservation and enhancement of biodiversity in England through the exercise of functions in relation to England.’

 

In complying with Sections 40(1) and (1A) of the Act, the authority must, in particular, have regard to—

 

a)    any relevant local nature recovery strategy, and

b)    any relevant species conservation strategy or protected site strategy prepared by Natural England.

 

This Council’s first biodiversity report had to contain:-

 

a)    a summary of the action which the authority has taken over the period covered by the report for the purpose of complying with its duties under section 40(1) and (1A) of the Environment Act 2021;

b)    a summary of the authority's plans for complying with those duties over the period of five years following the period covered by the report;

c)    any quantitative data required to be included in the report by regulations under subsection (8)(b), and

d)    any other information that the authority considers it appropriate to include in the report.

 

The Council’s first report had therefore looked at:-

 

1.  each of its functions.

2.  the actions taken to conserve and enhance biodiversity in the Tendring District.

3.  areas where the Council could best conserve and enhance biodiversity.

4.  the policies and objectives in place to enhance biodiversity in the District.

 

The Portfolio Holder for Housing and Planning made the following statement:-

 

“This report presents the Council’s first Biodiversity Net Gain report, covering the period from February 2024 to December 2025, and I am pleased to formally move its publication.

 

The report fulfils a statutory obligation under the Environment Act 2021, demonstrating how the Council has discharged its duty to further the general biodiversity objective. Importantly, this is not simply a compliance exercise; it establishes a clear baseline and framework that will inform our future five?year reporting cycle, with the next full report due in 2030.

 

From a planning and housing perspective, the report provides transparency and clarity around how biodiversity considerations are being embedded alongside growth and development. As a planning authority, it is essential that we balance the delivery of much?needed homes with our responsibilities to protect and enhance the natural environment. This report shows how that balance is being approached in practice.

 

It also gives confidence to developers, residents, and partners that Tendring District Council is applying BNG in a structured, proportionate and policy?led way, aligned with national legislation and local priorities.

 

Leader, this report marks an important first step in a long?term process. It demonstrates good governance, transparency, and readiness for future reporting requirements.

 

There is a lot of information contained in the report to Cabinet, and within the actual BNG report, which is at Appendix A, and I encourage all to read it through.

 

I commend the report to Cabinet and formally move the recommendation, which is shown on Page 238 of our Agenda.”

 

Having duly considered the reasoning behind the report’s recommendations together with the alternative options available; all as detailed within the Corporate Director’s report (A.12):-

 

It was moved by Councillor Baker, seconded by Councillor Smith and:-

 

RESOLVED that the Biodiversity Net Gain Report 2024-2025, and the Biodiversity Net Gain Reporting Data which underpins it, be approved.

Supporting documents: