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Showing posts from December, 2020

BIODIVERSITY NET GAIN A SUITABLE CASE FOR TREATMENT?

  The Environment Act 2021 will promote biodiversity net gain by way of a number of mechanisms but principally by way of a statutory condition which will be imposed upon most substantial planning permissions. In a nutshell, the condition provides that the developer must provide a biodiversity gain plan to the local planning authority and that this plan must be approved prior to the commencement of development. At first blush, this seems like a relatively straightforward provision; however, it is arguable that it is not particularly well thought out. This article will explore the shortcomings in this approach and, also, discuss a possible methodology for overcoming those flaws A 'zero sum' problem The initial problem is an economic one. Those familiar with larger development schemes will now also be familiar with economic viability assessments. An economic viability assessment is a financial model for the scheme itself. It is a snapshot in time and the parameters of the mode