Agenda item

Delivering Environment Act 2021 new duties

Minutes:

The report informed Members that the Environment Act 2021 new duty for Biodiversity Net Gain becomes ‘live’ in November 2023. This would have a significant impact on the workload and ability of the Development Management team and District Ecologist to meet the demand generated by this new process. It was both a complex and technically specialised area of work, which required an additional Ecology Officer and further support, working alongside Development Management to provide advice on the requirements and application of the new regime.

 

The Portfolio Holder Coast, Country and Environment thanked officers for this repot which he really welcomed and totally support its recommendations. He read out the following statement:

 

‘We are required to start delivering the Biodiversity Net Gain duties this November, but we do not have the required experience in the field of Ecology or the knowledge amongst our work force to ensure this is carried out effectively and diligently, as we only have one officer at present to oversee everything. The alternative will be to bring in consultants to consider every application initially over 10 dwellings to check they are compliant and to train our planning team into the very technical aspects of this new ground breaking initiative. To hire consultants will be more costly in the long term, and probably cause delays in approving planning applications.

 

Why do we need more Ecology expertise?

We actually have 2 major emergencies, our dwindling Nature and our changing Climate. We have declared a Climate Emergency but we have not declared a Nature Emergency. Yet we know that without reversing the dramatic decline in Nature we have little chance in achieving zero carbon any time in the future. Enhancing and reversing the declining trend to Nature goes hand in hand with Climate Change.

 

Our ecological work already  assists on current planning applications plus involved in the multi-agency, multi county River Axe catchment area where at present no building work can proceed due to nutrient neutrality,  plus supporting our already nature recovery work,  plus working on a new Devon wide Tree Policy, and shortly our emerging East Devon’s Local Nature Recovery Plan. We have talked to Councils who have already been engaged on Biodiversity Net Gain trials and their valued experience says we need more staff. We are only a few months away from the specified launch day and therefore this proposal is most urgent.

 

This proposal includes an Ecology Graduate Apprenticeship which fits neatly into our desire to “grow our own” quality knowledgeable staff for our future needs. I propose the recommendation but would like to add a further recommendation. That we write to our MPs and ministers saying we totally support the Biodiversity Net Gain policies within the Environment Act 2021, but are concerned on the cost implications associated in administering it. Therefore, can an urgent review and implementation of raising the fees for planning applications be carried out, to cover these extra costs, rather than the council looking at service reduction, or increased rate demands?’ 

 

Cllr Matt Hall did not take part in the debate and vote due to his planning work outside the district.

 

RECOMMENDED to Council:

1.     The appointment of an Ecology Officer and an Ecology Graduate Apprenticeship role to help enable the Council to meet its new duty for Biodiversity Net Gain;

2.     To provide funding for an Ecology Officer role and an Ecology Graduate Apprenticeship role to enable the delivery of the new Environment Act 2021 duties for Biodiversity Net Gain, at a budget of £47,049 per annum for the Ecology officer role and £27,344 for the Graduate Apprenticeship role. To be funded initially from the Government’s new burdens payments and the Council’s General Fund Revenue budget, whilst this new burdens payment is made available and thereafter by the Council’s General Fund Revenue;

3.     That a letter is written to our MPs and ministers saying EDDC totally support the Biodiversity Net Gain policies within the Environment Act 2021, but are concerned on the cost implications associated in administering it. Therefore, can an urgent review and implementation of raising the fees for planning applications be carried out, to cover these extra costs, rather than the council looking at service reduction, or increased rate demands? 

 

REASON:

To be able to meet the Environment Act 2021 duty to deliver Biodiversity Net Gain from November 2023.

Supporting documents: