A core part of the legislation involves the creation of ‘habitat banks.’ Landowners enhance the habitats of their land, resulting in a gain in biodiversity; these gains (measured in units) can then be sold to developers who need to discharge their BNG planning condition that requires them to secure a net gain in biodiversity.
Habitat banks must be registered on the Biodiversity Gain Sites Register, managed by Natural England.
One of the latest BNG habitat banks to be registered is at Edstone Park in Wootten Wawen, situated just outside Stratford upon Avon and owned by the Haimes family.
The habitat bank covers almost 20 hectares of historic parkland, and the 30-year agreement will involve enhancing the habitat to increase its structural diversity and species-richness. This will include adopting a site-wide approach to tree management and planting, ensuring variation between age cohorts and ensuring longevity of the oldest trees. There will also be areas of understorey planting to enable the development of a woodland copse. In other areas, management and planting will aim to improve the 3-dimensional structural variation of the habitats present.
Lodders advised on all the legal aspects, including the conservation covenant between the Haimes family and RSK Biocensus Ltd, the responsible body. It is the duty of the responsible body to ensure that the objectives of the conservation covenant are secured and delivered and to monitor compliance. Day to day support is provided by Civity Limited, who are supporting numerous landowners with similar projects across the country.
“Lodders has been at the forefront of advising clients on both the requirements and opportunities arising from this emerging legislation and we were delighted to be part of the team supporting Edstone Park. The Haimes family have exciting plans for enhancing the valuable habitats on their land and it will be wonderful to see both the pastureland and the parkland developing under their careful stewardship.”
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