Object

Representation ID: 14103

Received: 03/02/2021

Respondent: Nurton Developments

Agent: Chave Planning

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Policy P10 refers to a requirement to secure a net gain in biodiversity of ‘at least’ 10% (paragraph 8) and says that evidence should be provided using the Warwickshire, Coventry and Solihull Biodiversity Impact Calculator or DEFRA equivalent (paragraph 13). These requirements are not in accordance with the emerging Environment Bill and therefore they would not be sound or legally compliant once the bill passes into law, which is anticipated in spring 2021.

It is clear that the Biodiversity Metric to be used will be that published by the Secretary State and not any local metric, this will be set at 10%, not ‘at least’ 10%. Therefore, the use of the Warwickshire, Coventry and Solihull Biodiversity Impact Calculator is not supported by the emerging Environment Act and the requirement to achieve ‘at least’ 10% biodiversity gain goes beyond the provisions of the emerging Environment Act.