Source · Select Committees · Environmental Audit Committee
Recommendation 16
16
Not Addressed
Subjectivity concerns if Secretary of State acts as sole arbiter for EDPs.
Conclusion
We are concerned about the levels of subjectivity that may arise if the Secretary of State for the Environment acts as the sole and final arbiter of whether an Environmental Delivery Plan satisfies the overall improvement test. (Conclusion, Paragraph 79)
Government Response Summary
The government's response details the mechanisms for off-site Biodiversity Net Gain, including legal agreements and enforcement, but does not address the committee's concern about the Secretary of State's subjectivity in assessing Environmental Delivery Plans.
Government Response
Not Addressed
HM Government
Not Addressed
51. All off-site gains must be supported by a legal agreement, either through a planning obligation (section 106) with a local planning authority, or a conservation covenant agreement with a responsible body. 52. The legal agreement must cover at least 30 years and must set out who is responsible for creating or enhancing habitats and managing the habitats for at least 30 years. A habitat management and monitoring plan (HMMP) should also be provided to show a detailed schedule of management and monitoring 53. For the biodiversity gains set out in the legal agreement, the appropriate body will be responsible for taking enforcement action if there is a failure to meet obligation in the legal agreement. This means an LPA for a planning obligation, or the responsible body if a conservation covenant is used.