The Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill was passed by the Senedd on 24 February. It is expected to receive Royal Assent in April. The primary goal of this legislation is to maintain and enhance biodiversity and to halt and reverse biodiversity decline by 2030.

For a new development, the bill introduces a more rigorous, "front-loaded" approach to environmental assessment, emphasizing that nature recovery must be a central consideration from the earliest design stages. 

Key impacts on new developments

* Preventative design focus: Developers and local planning authorities (LPAs) must now demonstrate how they have prevented environmental harm rather than simply mitigating it. This includes internalising the costs of environmental damage directly into the scheme's design.

* Mandatory Net Benefit for Biodiversity (NBB): While Wales does not use England’s rigid 10% metric, all developments must now deliver a Net Benefit for Biodiversity. This means even small-scale projects like house extensions must include enhancements like bird/bat boxes or native planting.

* Green Infrastructure Statements: All planning applications are now required to include a Green Infrastructure Statement. This document must detail how the development maintains and enhances ecosystem resilience using the DECCA framework (Diversity, Extent, Condition, Connectivity, and Adaptability).

* New independent watchdog: The bill establishes the Office of Environmental Governance Wales (OEGW). This watchdog can investigate public authorities' planning decisions and ensure they are following environmental laws, creating a clearer route for third-party complaints against a development's approval.

* Legally binding targets: The Welsh Government is now mandated to set statutory targets for nature recovery. Once these targets are set (this is expected to be by Spring 2028), they will exert significant "material weight" in planning decisions, likely leading to stricter enhancement requirements in Local Development Plans (LDPs). 

Please do get in touch with us regarding your requirements for Green Infrastructure Statements, Biodiversity Enhancement Plans and Ecology and Biodiversity Reporting. 

More info here.