Agenda item

To receive a report from Climate and Sustainability Specialist on the Biodiversity Duty.

Cabinet had before it a report * from the Climate and Sustainability Specialist on the statutory duty to conserve and enhance biodiversity.

The Cabinet Member for Climate Change outlined the contents of the report with particular reference to the following:

·         The first consideration to implement the biodiversity duty that came into law at the end of 2023.

·         A requirement for public authorities to assess how they can take action to conserve and enhance biodiversity, and then take these actions (beyond simply discharging its duties as the Local Planning Authority(LPA).

·         The aim was to provide for the enhancement or improvement of biodiversity, not just its maintenance in its current state.

·         To comply, a public authority must periodically consider the opportunities available across the full range of its functions. This represented a proactive, strategic assessment of a public authority’s functions, rather than considering each function in isolation.

·         The Climate sustainability specialist had coordinated preliminary consultants across the council about actions and policy areas where benefits could be delivered.

·         The Council shall establish district targets considered to be aligned with (i.e. will contribute positively towards) the requisite goals set out by government legislation and guidance. Targets should be achievable or surpassable, assuming a favourable strategic environment (with appropriate government funding, etc.).

·         The Council, as a local authority, must:

a) Consider what it can do to conserve and enhance biodiversity.

b) Agree policies and specific objectives based on its consideration.

c) Act to deliver its policies and achieve its objectives.

d) Report on its biodiversity duty actions. (Defra has guidance on this.)

·         The Climate sustainability specialist had coordinated across the Council regarding actions and policy areas  

The Climate Sustainability Specialist highlighted that the first consideration had been completed and the report sets out the next steps.

Discussion took place regarding:

·         The Planning policy and how much control the district council had for enforcing and introducing change for biodiversity.

RESOLVED that:

1.    To note that the Cabinet Member for Climate Change has submitted comment on this matter (to the Climate and Sustainability Specialist preliminary briefings) as the first consideration of what action to take with regard to this duty.

2.    To note that action and policy development will be split into two separate streams: either matters within the Council’s statutory Planning Policy making process and the statutory powers as a Local Planning Authority (largely governed and prescribed by national policy and through the work of the Forward Planning and Development Management teams); or items outside those functions, such as land and built asset management and its wider corporate operations.

3.    To note that the responsibility to deliver on the general biodiversity duty is shared across all Council operations. As such, this matter will be raised on agendas for all Policy Development Groups (PDGs) and, where within the jurisdiction of the LPA, the Planning and Policy Advisory Group (PPAG) to request input to the policy framework and action plan.

4.    That Cabinet delegates authority to the Cabinet Member for Climate  Change, the Director of Place and the Climate and Sustainability Specialist to develop a policy framework and action plan in consultation with staff and Council bodies as above, then recommendations brought to Cabinet.

(Proposed by Cllr Natasha Bradshaw and seconded by Cllr S Keable)

Reason for Decision:

The general duty to conserve and enhance biodiversity is set out in the Environment Act 2021 and the Natural Environment and Rural Communities Act 2006 (NERC Act) as amended. Mid Devon as LPA has set duties to discharge in line with national policy and this is separate and distinct from anything which the authority chooses to do as a corporate land/property owner.

Note * Report previously circulated.