102 The Local Authority Biodiversity Duty: First considerations requirement PDF 348 KB
Report of the Cabinet Member for Environment, Climate Change and Operations is attached.
Additional documents:
Minutes:
The Cabinet Member for Environment, Climate Change and Operations presented a report which asking the Council to consider their Bio-diversity duty and what they can do to conserve and enhance biodiversity.
The Cabinet Member reported that the report sets out:
The new legal and procedural requirements for the Council to meet our biodiversity duty;
· The requirement to complete our first consideration of what action to take for biodiversity by the 1st January 2024;
· The scope and content of a draft Biodiversity Strategy which forms our first consideration of the current state of biodiversity in Bury and the potential actions that we could take to conserve and enhance biodiversity in the Borough;
· A proposal to consult residents and stakeholders on the draft Biodiversity Strategy; Work taking place to identify potential Council-owned receptor sites for off-site Biodiversity Net Gain; and The potential next steps.
The Leader responding to comments from Councillor M Smith reported that when undertaking any developments the Council would wish to avoid any environmental implications, in the first instance. This report acknowledges the Council’s Biodiversity Duty and provides strong measures to mitigate impacts.
Recommendation(s)
Cabinet:
1. Notes the requirement to meet a new ‘biodiversity duty’ introduced by the Environment Act 2021.
2. Approves the publication of the draft Biodiversity Strategy for public consultation for a period of 6 weeks.
3. Notes that a final version of the Biodiversity Strategy will be presented to Cabinet for adoption, taking into account any responses to the consultation.
4. Notes the ongoing work on identifying receptor sites including Old Kays, Brandlesholme, Chesham, Hollins Mount, Springwater Park, Outwood and Philips Park.
5. Notes the further requirement for the Council to produce a report no later than 1 January 2026 detailing the biodiversity net gain resulting, or expected to result, from development granted planning permission in the Borough.
Reasons for recommendation(s)
The Natural Environment and Rural Communities Act 2006, as amended by the Environment Act 2021, gives public bodies the duty to conserve and enhance biodiversity and requires public bodies to complete a first consideration of what action to take for Biodiversity by 1 January 2024.
Alternative options considered and rejected
Not to publish a draft Biodiversity Strategy for consultation. However, the Council is still required to complete the first consideration of the Biodiversity Duty by 1 January 2024. The Council could consider how it can meet its biodiversity duty without consulting on the Strategy, or without a Strategy at all. This option has been considered and rejected as the Council, the community and its partners would be unclear on their priorities and how to deliver them.