As Earth Day comes around this Saturday 22 April, and attention turns to what we should, could, and are each doing to help the planet it seems a great time to reflect on what the planning and real estate industries are currently doing to support our natural environment. To reflect this year’s Earth Day theme, we’ve summarised five key ways in which planning and real estate are “investing in our planet”, which also reflects the increasing importance of ESG for all industry players.
Biodiversity Net Gain
After the Environment Act 2021 introduced a mandatory biodiversity net gain planning condition for (almost all) new developments, this is finally due to come into force in November this year. It will require most new developments to achieve a 10% biodiversity net gain increase by extending or improving natural habitats, thereby placing a statutory duty on developers to improve the nation’s biodiversity.
Local Nature Recovery Network Strategies
Local Nature Recovery Network Strategies (“LNRSs”) are a new system of spatial strategies which will cover the whole of England. Consisting of a biodiversity priorities statement and local habitat map, they will identify opportunities, priorities, areas and measures for recovering and enhancing biodiversity in a local planning authority’s area. The intention is that these strategies will create a more coordinated and focused approach to protecting our environment on a local and national level. The relevant regulations came into force last week but we are still waiting for a few final details before preparation of LNRSs can get underway.
The demolition vs refurbishment debate
When it comes to new planning applications, it is not just the carbon usage of a proposed development which is under scrutiny. Instead the carbon efficiency of the proposed development (the expected operational carbon savings) is increasingly being weighed against the potential one-off carbon costs associated with demolition and rebuild (the embedded carbon). This has contributed to the debate about the merits of retrofitting versus redevelopment – a key consideration for those who may find themselves with ageing or underutilised assets when planning for the future.
Improving the environmental performance of buildings
On 1 April 2023 there was an important change to the Minimum Energy Efficiency Standards for buildings, as most buildings which are continued to be let with an EPC below E (and no valid exemption) are now subject to enforcement risk. This is yet another step in the UK government’s drive to improving the environmental performance of the built environment, with further changes anticipated on the horizon. It is expected that, unless an exemption is registered, by 2027 most rented properties will need to have an EPC rating of C and by 2030 this will increase to an EPC rating of B.
Environmental Outcome Reports
Ever since Brexit, we have been waiting to see how the European-based system of environmental impact assessments would be replaced. We’re finally starting to get clarity, in the form of environmental outcome reports, established in the Levelling-up and Regeneration Bill, and fleshed out in the government’s recent consultation. But with much of the detail still awaited, it remains to be seen whether the new system of assessing the environmental implications of development will be more accessible, clear and robust than what we already have.
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