The Environment (Wales) Act 2016 and Planning Policy Wales - Edition 11 (PPW11) requires the Local Planning Authority to seek to enhance biodiversity through the planning process, the need for identification of biodiversity enhancements has been clarified in the letter from Welsh Government to Wales LPA Heads of Planning dated 23rd October 2019 which states:
Planning Policy Wales (PPW 11) sets out that “planning authorities must seek to maintain and enhance biodiversity in the exercise of their functions. This means that development should not cause any significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity” (para 6.4.5 refers). This policy and subsequent policies in Chapter 6 of PPW 11 respond to the Section 6 Duty of the Environment (Wales) Act 2016.
Where biodiversity enhancement is not proposed as part of an application, significant weight will be given to its absence, and unless other significant material considerations indicate otherwise it will be necessary to refuse permission.
It is important that biodiversity and ecosystem resilience considerations are taken into account at an early stage in development plan preparation and when proposing or considering development proposals. Planning authorities should be proactive and embed appropriate policies into local development plans to protect against biodiversity loss and secure enhancement.
The attributes of ecosystem resilience (PPW 11 para 6.4.9 p.138 refers to this) should be used to assess the current resilience of a site, and this must be maintained and enhanced post development. If this cannot be achieved, permission for the development should be refused.
Securing a net benefit for biodiversity within the context of PPW requires a pragmatic response to the specific circumstances of the site. Working through the step wise approach (PPW 11 para 6.4.21 refers), if biodiversity loss cannot be completely avoided (i.e., maintained), and has been minimised, it is useful to think of net benefit as a concept to both compensate for loss and look for and secure enhancement opportunities. A net benefit for biodiversity can be secured through habitat creation and/or long-term management arrangements to enhance existing habitats, to improve biodiversity and the resilience of ecosystems. Securing a net benefit for biodiversity is not necessarily onerous; through understanding local context, it is possible to identify new opportunities to enhance biodiversity.
Updated National Planning Policy for Chapter 6 of Planning Policy Wales was issued on 18 October 2023 (Minister for Climate Change letter to Heads of Planning, 11 October 2023 and Annex to Heads of Planning Letter, updated National Planning Policy for Chapter 6 of Planning Policy Wales, 11 October 2023). In this updated guidance a Green Infrastructure Statement should be submitted with all planning applications.