Government consults on biodiversity gain policy for major infrastructure projects

Defra is consulting until 5 April on proposals on how Biodiversity Net Gain policy will be applied to Nationally Significant Infrastructure Projects (NSIPs), as well to Town and Country Planning Act development.

The Environment Act established a biodiversity gain objective for NSIPs. Defra said that by 2025 at the latest, where an application is made for development consent for a NSIP, the relevant secretary of state may not grant the application unless satisfied that the biodiversity gain objective has been met.

The consultation explained Defra is proposing to apply a similar approach to net gain for NSIPs as for other kinds of development, but is considering whether elements of the approach will need to be tailored to maintain compatibility with the Planning Act 2008 regime. It is seeking views on areas including:

• the scope, percentage gain, and exemptions of the requirement;

• processes for setting policy, transition arrangements and demonstrating gains; and

• compulsory acquisition of land.

Following the consultation, the UK government will consult again on the full draft approach (biodiversity gain statements) for NSIPs.