Agenda item

The purpose of this report is to outline the updated legislative duties of the Council under the Environment Act, including strengthened biodiversity duty and Biodiversity Net Gain.

The report recommends approval of the Three Rivers Biodiversity Policy, along with agreement on how and where to use the S106 Maple Lodge budget and an agreement in principle for Three Rivers to consider council land that could be a receptor site for off-site biodiversity net gains.

Recommendation

That the Policy and Resources Committee:

       i.          Note the content of the report.

      ii.          Approve the adoption of the Three Rivers Biodiversity Policy.

     iii.          Approve the use of the Maple Lodge BNG S106 funding being used on Three Rivers District Council owned land as identified in section 6 (Including: Beechen Wood, Coombe Hill Road open space, Berry Lane & Mead Place).

    iv.          Agree in principle for Council owned and maintained land to be considered as potential receptor sites with the final decision on individual receptor sites to be delegated to the Leisure, Climate Change and Community Committee.

The Policy and Resources Committee had considered a report on the Three Rivers Biodiversity Policy and a Biodiversity Net Gain (BNG) update. The purpose of the report was to outline the updated legislative duties of the Council under the Environment Act, including strengthened biodiversity duty and BNG.

Charlotte Gomes, Head of Leisure and Natural Infrastructure, presented the report and explained to Members that this area was very new, and the Council was required to deliver the Biodiversity Policy under the Environment Act legislation.

Maple Lodge was a Section 106 (S106) agreement secured before the BNG came into effect. Sites were to be identified that would increase species rich grassland. An assessment would need to be undertaken but several sites have been identified which could deliver the S106 agreement. These sites were currently being managed for biodiversity.

Councillor Jon Tankard, Lead Member for Sustainability and Climate Change, explained that BNG was a moving target, and the situation would need to be reviewed in 6-12 months to ascertain how it could be accommodated.

The Council did have available land, but the land would be ‘tied up’ for up to 30 years which was causing some difficulty. Landowners were reluctant to commit to that.

Jess Hodges, Natural Infrastructure Programme Manager answered queries regarding the potential sites for Maple Lodge and explained that a change in land use on those sites was not being proposed rather an enhancement of the management practices currently undertaken.

Members discussed the possibility of mapping out Three Rivers District Council (TRDC) riparian ownership and duties and possible riparian BNG opportunities. Officers explained that TRDC did not own much riverbank and the responsibility for rivers lies with the County Council ( as the Lead Flood Authority) , the Environment Agency and other landowners.

An element of the Environment Act that was currently being worked on was the Local Nature Recovery Strategy. This was being developed by Herts County Council and TRDC had the opportunity to feed into this. River catchment had been a priority for this strategy. Officers also explained that when there was a loss on a development site under BNG, the gain had to reflect what had been lost, therefore it was highly unlikely that development would take place on a floodplain or river catchment area.

Councillor Oliver Cooper proposed to table an amendment to Section 4 of the Policy, ‘Three Rivers District Council would seek to fully map all riparian rights, duties and BNG opportunities within the district and publish this information freely available online’.

Members discussed the requirement to find out how much it would cost to do this work before it could be agreed and the need to obtain legal advice as to whether it would be the Councils’ responsibility. Officers explained that it would be County Councils’ responsibility to map all riparian rights and duties and it would be appropriate to feed this into the Local Nature Recovery Process.

Members asked what Herts LEADS referred to in the officers’ report and requested that acronyms were spelt out initially with the acronym put in brackets. Officers explained that LEADS stood for Landscape, Ecology, Archaeology, Development and Sustainability.

Officers would review the Three Rivers Biodiversity Policy in 6-12 month’s time.

Councillor Jon Tankard proposed to move the Officers recommendation. This was seconded by the Chair.

RESOLVED: that the Policy and Resources Committee Unanimously AGREED the following:

i.                 To note the content of the report.

ii.               To approve the adoption of the Three Rivers Biodiversity Policy.

iii.              To approve the use of the Maple Lodge BNG S106 funding being used on Three Rivers District Council owned land as identified in section 6 (including: Beechen Wood, Coombe Hill Road open space, Berry Lane & Mead Place).

iv.              To agree in principle for Council owned and maintained land to be considered as potential receptor sites with the final decision on individual receptor sites to be delegated to the Leisure, Climate Change and Community Committee.