Key Facts

• The amendment would replace the negative procedure with the super-affirmative procedure for changes to water quality regulations.
• UKTAG (UK technical advisory group) advises on standards and should retain its lead role in the process.
• Rebecca Pow states that the power is narrow and only used to update certain water quality standards based on scientific evidence.
• The amendment was moved by Alan Whitehead.
• The negative procedure requires legislation to be prayed against, limiting debate rights compared to the affirmative procedure.
• The MP does not intend to press the amendment to a Division.
• The proposed amendment aims to prevent the Government from decreasing the 10% biodiversity net gain requirement.
• Lichfield District Council already requires 20% net gain on new development, showing more ambitious practice exists.
• A review of the 10% figure after a maximum period of five years is required under the amendment.
• Responses to the net gain consultation revealed calls for both higher and lower percentages.
• The Department for Environment, Food and Rural Affairs is working closely with the Ministry of Housing, Communities and Local Government on implementing biodiversity net gain.
• Limiting the power might compel future Governments to make other adjustments compromising environmental outcomes more fundamentally.
• The Government's programme introduces levels that could potentially be reduced.
• There might be exemptions allowing ways around the measures proposed.
• A White Paper on planning emerged after this Committee was in abeyance.
• Amendments aim to require habitat enhancements for biodiversity gains to be maintained 'in perpetuity'.
• The Government's proposal allows protected sites potentially to be downgraded or destroyed after 30 years.
• Amendment 168 would ensure habitats are maintained at their target condition in perpetuity.
• Carbon sequestration from biodiversity gains should count towards net zero targets.
• The Bill proposes a robust mandatory requirement with a broad scope of mechanisms for securing gains.
• Any habitat enhancement within a development site considered significant by the planning authority must be maintained for at least 30 years after completion.
• Respondents to the net gain consultation expressed strong support for a minimum period, leading to Government confirmation of a 30-year requirement.
• Amendment 22 seeks to change "may" to "must" in the Bill.
• The current legislation allows the Secretary of State discretion on procedure details for planning authorities.
• Zeichner highlights the importance of proper parliamentary scrutiny and public consultation for regulatory decisions.
• Paragraph 16 of schedule 14 grants the Secretary of State flexibility to impose procedural requirements for approving biodiversity gain plans.
• Natural England is working on updating the existing biodiversity metric, which has been in use for about five years.
• Local nature recovery networks are linked to the biodiversity net gain requirement.
• Amendments 170 and 171 aim to strengthen biodiversity net gain provisions by removing wide exemptions.
• Development orders could exempt major developments like new towns from net gain provisions.
• The Secretary of State may specify additional types of development for exemption via regulations.
• Amendment 171 aims to remove two lines from paragraph 17 of the proposed new schedule in the Environment Bill.
• The Government will use regulatory exemptions to introduce narrow, practical exemptions for certain types of development that would result in negligible habitat loss or degradation.
• Examples of exempted developments include minor changes or alterations to buildings and house extensions.
• Amendment 170 would undo the exemption for permitted development from net gain requirement.
• Permitted development rights allow small-scale development or changes of use with little impact on biodiversity.
• Brownfield sites are not exempt, but narrow exemptions will be considered after consultation.
• Amendment 172 aims to replace 'may' with 'must' in Schedule 14.
• Irreplaceable habitats include ancient woodlands, salt marshes, blanket bog and lowland fen.
• The Minister confirms existing protections for irreplaceable habitats will not be undermined.
• Clause 91 of the Environment Bill addresses the creation of a biodiversity gain site register.
• The register is necessary for enforcing the biodiversity net gain condition outside development sites.
• Without the register, some developments may not be able to commence due to inability to achieve net gain within their boundaries.
• Clause 92 allows the Secretary of State to set up a system for statutory biodiversity credits.
• Developers who cannot achieve net gain locally can purchase these credits to meet their requirements.
• The Government will seek stakeholder engagement and review costs per unit before announcing specific tariffs.
• Concerns exist that biodiversity credits could undermine local biodiversity gains.
• Amendments aim to ensure habitats created or enhanced by biodiversity credit funds are held to high, lasting standards.
• Reporting function is proposed to set out the value of biodiversity credits in habitat creation projects annually.
• Clause 93 of the Environment Bill addresses the general duty to conserve and enhance biodiversity.
• Section 41 of NERC lists over 900 species and 56 habitats that need conservation efforts, including short-haired bumble bees and water voles.
• Public authorities are required to have regard to local nature recovery strategies and protected site strategies under the strengthened biodiversity duty.
• The amendment aims to strengthen the current biodiversity duty by requiring public authorities to consider biodiversity in all their functions.
• Public authorities are required to undertake thorough consideration of what they can do to enhance biodiversity at least every five years if Government amendment 222 is accepted.
• Clause 93 requires public authorities to take a broad look across all their functions to identify actions most beneficial for nature.
• Amendment 139 aims to clarify the definition of 'public authority' under section 40 of the Natural Environment and Rural Communities Act 2006.
• Amendments 147 and 148 would extend the definition of public authorities in relation to biodiversity duties and local nature recovery strategies.
• The Minister supports retaining parish councils within the scope of biodiversity duties despite their limited resources.
• Amendment 137 addresses clause 93(5) of the Environment Bill.
• Local Nature Recovery Strategies (LNRS) aim to address biodiversity loss and deliver the Government’s ambitions in the 25-year environment plan.
• The current duty under clause 93(5) only requires local authorities to 'have regard' to LNRS, which may not be sufficient for effective implementation.
• Fleur Anderson supports amendment 137.
• The amendment aims to strengthen the duty for public authorities to act in accordance with local nature recovery strategies, rather than just having regard to them.
• Greener UK has similar concerns about the current weak duty.
• There are five pilot schemes for local nature recovery strategies.
• Hedgehogs have declined by 30% in urban areas and 50% in rural areas since 2000.
• Rebecca Pow moves amendment 222 to clause 93.
• Amendment requires public authorities to have regard to species conservation strategy or protected site strategy in complying with section 40 duties of the Natural Environment and Rural Communities Act 2006.
• Government introduces new clauses for wildlife conservation licences.
• New clause 25 allows Natural England to create species conservation strategies.
• New clause 26 permits Natural England to prepare protected site strategies.
• Local planning authorities will be required to co-operate with Natural England and consider relevant strategies in their planning functions.
• The discussion is focused on clause 93 as amended.
• The Government Whip indicates possible changes to the schedule.
• The debate was adjourned until Thursday 19 November 2020 at half-past Eleven o'clock.