Biodiversity Offsetting and the English Planning System: A Regulatory Analysis

Abstract

Abstract Under the Environment Bill, the UK government plans to formally implement biodiversity offsetting in the English planning system as a way to reduce the impact of development on biodiversity. Certain developments will be required to achieve a ‘biodiversity gain’ through the use of developer contributions. This article provides a regulatory analysis, assessing whether the planning system supports the key requirements of biodiversity offsetting, most notably the need to protect biodiversity. The lens of contractual governance is used to spotlight problems with local planning authorities negotiating environmental objectives with developers when other planning objectives are also ‘on the table’. The wider planning system is also addressed, where it is argued that environmental objectives are undermined by a lack of central policy and coordination to regulate the decision-making of local planning authorities. The case is made for an ‘ecological’ approach to planning as means of more reliably protecting biodiversity through offsetting.