Policy
The Biodiversity Duty
Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006 places a duty on Local Authorities to consider biodiversity in the full range of their activities. It is a legal requirement that: “Every public body must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”.
A Local Authority that is actively implementing its Biodiversity Duty will be able to show that:
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Biodiversity conservation and enhancement is appropriately integrated throughout all departmental policies and activities
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All staff, managers and elected members understand how biodiversity issues relate to their own decisions and actions
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Biodiversity is properly protected and enhanced in line with statutory nature conservation obligations
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It has access to professional ecological expertise
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It provides sustained support to local biodiversity initiatives, such as its Local Biodiversity Action Plan
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It supports the Local Environmental Record Centre and uses the up-to-date biodiversity information provided
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It reports on progress towards national and local biodiversity targets
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It performs well against National Indicator 197.
The South East England Biodiversity Forum, with support from BBOWT and Natural England have produced a leaflet - 'Biodiversity and your duty of care: A guide for Local Authority Elected Members'. This leaflet identifies the:
- Opportunities for how your Local Authority can fulfil its Biodiversity Duty
- How these actions can reinforce other objectives, such as improving sustainable communities through better social cohesion, community engagement, health, education and quality of life.
Please follow this link for a copy of the leaflet 'Biodiversity and your duty of care: A guide for Local Authority Elected Members' and for further support or inforation please contact Tom Butterworth.
SE Plan Policy NRM5 Conservation and Improvement of Biodiversity
In the development and implementation of plans and strategies, local authorities and other bodies shall avoid a net loss of biodiversity, and actively pursue opportunities to achieve a net gain across the region by:
i) Providing the highest level of protection for nationally and internationally designated sites
ii) Ensuring damage to county wildlife sites and locally important wildlife and geological sites is avoided wherever possible
iii) Ensuring that unavoidable damage to wildlife interest is minimised through mitigation, that any damage is compensated for, and that such measures are monitored
iv) Ensuring appropriate access to areas of wildlife importance, identifying areas of opportunity for biodiversity improvement and setting targets reflecting those in figure NRM2. Opportunities for biodiversity improvement, including large-scale habitat restoration, enhancement and re-creation in the areas of strategic opportunity for biodiversity improvement (Map NRM5) should be pursued
v) Influencing and applying agri-environment schemes, forestry, flood defence, restoration of mineral extraction sites and other land management practices to deliver biodiversity targets.
vi) Maintaining and establishing accessible green networks and open green space in urban areas.
For more information on the SE plan please see the GOSE website.
Planning Policy Statement 9
(i) Development plan policies and planning decisions should be based upon up-to-date information.
(ii) Plan policies and planning decisions should aim to maintain, and enhance, restore or add to biodiversity and geological conservation interests.
(iii) Plan policies on the form and location of development should take a strategic approach to the conservation, enhancement and restoration of biodiversity and geology.
(iv) Plan policies should promote opportunities for the incorporation of beneficial biodiversity and geological features within the design of development.
(v) Development proposals where the principal objective is to conserve or enhance biodiversity and geological conservation interests should be permitted.
(vi) The aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests. If that significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.
For more information on Planning Policy Statement 9 please follow the link to the Planning Portal or the Communities and Local Government website.
Other legislation
For information on other legislation that applies to Local Authorities, including the NERC act, Habitats Regulations , the Wildlife and Countryside Act and the CROW act please see the policy summary page.