Ecology planning advice
The National Planning Policy Framework (2021) sets out the national policies on the protection of biodiversity within the planning system.
Circular 06/05: Biodiversity and Geographical Conservation - Statutory Obligations and Their Impact Within the Planning System provides administrative guidance on application of the law in England relating to planning and nature conservation.
The NPPF aspiration is to achieve 'no net loss' of biodiversity through the planning system, and to move to 'net-gain' for biodiversity where possible.
The Conservation of Habitats and Species Regulations 2017 (the “Habitats Regulations”) also require Local Planning Authorities to have regard to the regulations including the protection of certain species when determining planning applications.
The Ecology Team plays an essential role in providing advice and consultation on Milton Keynes City Council planning applications (avoiding delays, additional costs and legal challenges), in informing planning decisions (determining the validity and adequacy of supporting ecological information) and in defending the ecological rationale behind planning decisions post-application (e.g. at appeal).
Offsetting in Milton Keynes
Currently, applicants in Milton Keynes have the option to offset their biodiversity losses within their own landholdings, through a third party provider or through purchase of Statutory Credits from the government. The management of offset sites must be legally secured by s106 or conservation covenant for a minimum of 30 years.
We are unable to recommend third-party offset providers and direct applicants to the Natural England National Register to search for available sites.
If applicants wish to offset their biodiversity losses within their own landholdings or via a third party landowner who does not have a offset site listed on the National Register, a legal agreement securing the offset site must be in place before any related planning permission is granted to ensure the offset site can be successfully registered on the Natural England National Register. If the intention is to legally secure the offset site via a legal agreement with Milton Keynes City Council, sufficient information must be provided prior to determination of a relevant planning application to enable the s106 agreement to be put in place prior to the granting of permission.
If you are seeking to set up a habitat bank or offsetting site within Milton Keynes and wish to legally secure your site through a legal agreement with Milton Keynes City Council, please contact us using the contact information below.
If applicants wish to offset their biodiversity losses through purchase of units from an established habitat bank listed on the Natural England National Register, evidence must be provided prior to determination of a planning application to demonstrate sufficient units can be purchased to offset losses shown and meet the trading rules. Proof of purchase of units is required to discharge the Biodiversity Gain Plan prior to commencement should permission be granted.
If, as a last resort, the applicant needs to purchase Statutory Credits from the government to provide the required biodiversity net gain, Milton Keynes City Council will require evidence from at least three established third party providers shown on the Natural England National Register stating sufficient units cannot be purchased before we can agreed that Statutory Credits can be purchased.