THE developer behind a project to erect 17 holiday chalets at a site near Beaworthy has asked to vary their commitment to provide a minimum of 10 per cent biodiversity net gain on the site.

Biodiversity Net Gain (BNG) rules are a planning requirement in England mandating that most new developments leave the natural environment in a measurably better state than beforehand. Developers must deliver at least a 10 per cent increase in biodiversity value, either on-site, off-site, or via government credits, and maintain it for at least 30 years.

The application concerns the former site of Astra Salvage Yard in Patchacott, with the applicant seeking to vary a condition of the approved scheme that mandates they have to provide a 10 per cent biodiversity net gain on their site.

In documents submitted as part of the application, the planning agents for the applicant have told West Devon Borough Council that it is not possible to provide the mandated net gain on the site, and wish for it to be amended so they can buy units at an off-site location to fulfil it instead.

The present condition stipulates that the application must provide a Landscape and Ecological Management Plan and the Landscape Visual Impact Assessment to detail how the landscape will be managed and maintained of existing and new landscape, wildlife and open space features that reflect recommendations of the submitted ecology reports.

It also demanded that within the Landscape and Ecological Management Plan that it must incorporate a green infrastructure plan that includes how there will be a clear enhancement, avoidance and compensation measures to minimise the impact on wildlife and how the 10 per cent gain in biodiversity on the site will be achieved.

It is this condition that the applicant has asked to be changed – because they say it is impossible to implement on the site.

The applicant’s ecology consultant stated: ““The condition doesn’t say the 10% net gain must be achieved on site and indeed this would be against the current legislation ‘for development to deliver at least a 10 per cent increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat.

“This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits. The 10 per cent net gain should be achieved onsite where possible, and where this is not possible, 10 per cent net gain can be achieved off-site by the purchase of units.

“With most small developments it is difficult to achieve 10 per cent net gain on-site and therefore, the majority of small developments need to purchase off-site units to meet the 10% net gain requirement.”

“Off-site net gain can be secured through planning conditions and a section 106 (S106) agreement. The S106 agreement is typically supported by an HMMP that details how the offsite BNG will be managed and monitored. A detailed Biodiversity Gain Plan, including the offsite strategy, would also be submitted and approved before development can begin. This is a standard across LPAs and these are regularly conditioned following BNG legislation and guidance.”

Find out about planning applications that affect you by visiting the Public Notice Portal.

The application can be viewed on the West Devon Borough Council planning portal using reference 1620/26/VAR