Almost every planning permission in England now includes a statutory biodiversity gain condition. This condition requires the developer to deliver a minimum of 10 percent Biodiversity Net Gain and submit an approved Biodiversity Gain Plan.
However, planning conditions alone are not sufficient to secure long term habitat delivery. The funding, monitoring, and management of biodiversity gains must be legally secured through Section 106 planning obligations, conservation covenants, or similar legal instruments.
These legal agreements set out:
• the location of the habitat
• the credits or units being allocated
• required management actions
• monitoring schedules
• reporting responsibilities
• the 30 year commitment period
Local planning authorities enforce these obligations, sometimes with support from another responsible body. Proper legal security is essential for compliance and ensures that gains remain in place for the full 30 year period.
Eco Capital has extensive experience structuring these agreements so they meet statutory and local planning requirements while remaining practical for developers and landowners.
