Decision details

Consideration was given to recommendation HP 23/27 of the Housing and Planning Scrutiny Select Committee of 26 September 2023.

Cabinet had due regard to the legal implications, financial and value for money considerations and noted that not having an adopted local approach to Biodiversity Net Gain (BNG) could mean a higher risk that offsite measures associated with development within Tonbridge and Malling could be delivered outside of the Borough.  It was also noted that delays to the publication of secondary legislation and remaining Government guidance presented a risk as the Protocol needed to be prepared in the absence of all necessary information and might need to be updated accordingly.

Following consideration of the Protocol by the Housing and Planning Scrutiny Select Committee on 26 September 2023, a delay to the publication of the guidance was announced by the Government.  However, approval of the Protocol remained to be sought so that it could be introduced in line with any revised timetable as soon as the guidance is issued.

RESOLVED:   That

(1)          the Biodiversity Net Gain Protocol (attached at Annex 1) be approved for decision making purposes and be introduced in line with any revised timetable as soon as the guidance is issued by the Government; and

(2)          authority be delegated to the Director of Planning, Housing and Environmental Health, in consultation with the Cabinet Member for Planning, to make any minor amendments or updates to the Protocol in response to updates from Government.