Welsh Government has announced key policy updates on biodiversity ahead of its publication of edition 12 of Planning Policy Wales.
The Welsh Minister for Climate Change, Julie James, has published key updates to Chapter 6 of the Government’s national planning policy, which will be effective immediately.
The updates cover how planning policy will address the challenges set out at COP15 with changes relating to green infrastructure, net benefit for biodiversity, protection for Sites of Special Scientific Interest (SSSI) and trees and woodlands.
Although the release of Planning Policy Wales – Edition 12 is not expected until later this year, having consulted on proposed changes in the spring, the Minister chose to finalise and confirm the updated policy with immediate effect.
The main changes include a stronger emphasis on taking a proactive approach to green infrastructure. This includes, but is not limited to, a focus on cross boundary considerations and the submission of green infrastructure statements, proportionate to the scale and nature of the development proposed. In the case of minor developments, green infrastructure statements can consist of a short description and should not be an onerous requirement for applicants.
In line with the policy direction in England, the updated Chapter 6 provides further clarity on securing net benefit for biodiversity. This will be through both applying the step-wise approach and the Diversity, Extent, Condition, Connectivity, and Aspects of ecosystem resilience (DECCA) framework. Together, these are the means of demonstrating the steps which have been taken towards securing a net benefit for biodiversity. Crucially, the updated policy states that ‘where adverse effects on biodiversity and ecosystem resilience cannot be avoided, minimised or mitigated / restored, and as a last resort compensated for’, it will be necessary to refuse planning permission’. This places the onus on Local Planning Authorities (LPAs) and applicants to ensure that biodiversity and ecosystem resilience considerations are taken into account early on in plan-making and formulation of development proposals, respectively.
Other notable changes to the policy include strengthened protection for SSSIs and closer alignment with the step-wise approach with regards to trees and woodlands. Importantly, Welsh Government is placing a requirement for LPAs to notify the Welsh Minister where they are minded to grant planning permission against the advice of Natural Resources Wales.
The revised policy also recognises that solutions for net benefits may not necessarily fall in the administrative boundary where a planning application is lodged, encouraging cross boundary dialogue, regional co-operation and co-ordinated approaches on a spatial scale.
Jack Pugsley, associate director for Savills Cardiff, comments:
“The decision to publish this new policy now signals Welsh Government’s continued commitment to respond to the nature emergency they declared in 2021. The introduction of terms such as creative and innovative in delivering biodiversity net benefit gives applicants the latitude to create site and project specific enhancements.”
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