08 March 2022

DEFRA’s consultation on Biodiversity Net Gain Regulations and Implementation remains open until 5 April 2022. See it here: Consultation on Biodiversity Net Gain Regulations and Implementation - Defra - Citizen Space

Rural landowners and 'land managers' (that catch-all term that covers everyone who in some way exercises control over rural land) should consider reading this consultation and responding to at least some parts of it. 

In the current climate where there is a great deal of uncertainty around the Natural Capital schemes that are coming, but are yet to be formalised, this consultation provides a helpful set of markers as to where the imposition of BNG requirements on developments is going, and the relationship between the need for BNG and rural land. This includes the potential for landowners and managers to be able to market BNG credits established on their land, independently of whether a development is carried out, and the concept of Habitat Banking. This is where habitats created or enhanced after 31 January 2020 can be registered and have their associated BNG credits sold. 

As with so many Natural Capital concepts swirling about at the moment this may provoke many potential issues, which are presently being seen in the context of an immature market. The consultation process is part of establishing the common foundations of that market so will be of interest to those looking ahead.

Key contact

Kevin Kennedy

Kevin Kennedy Partner

  • Estates and Land
  • Private Wealth
  • Agricultural Disputes

Subscribe to news and insight

Burges Salmon careers

We work hard to make sure Burges Salmon is a great place to work.
Find out more