Whilst Brexit may have already taken place, many of the finer points of the agreement and the impact on aspects, such as the environmental and ecological legislation that we set up with our European partners, is still to be determined. Many industries are now having to wait for clarity on where we will be heading now that we have our legal independence.
As a result of there being insufficient time to set up a completely new framework of laws in time for Brexit, the government used the Great Repeal Bill to bring the pre-existing framework of environmental regulation into UK and devolved law. In essence, therefore, the laws and standards that were in place before our departure are still in force today.
Development projects will therefore still require Preliminary Ecological Appraisals, also referred to as Phase 1 Habitat Surveys, as a fundamental element of the planning process to ensure that the well-being of our nature is given appropriate consideration.
Furthermore, the UK government also committed itself to “ensuring we become the first generation to leave the environment in a better state than we found it”. However, it has also promised that it will “actively taking opportunities to reduce the cost of unnecessary regulation and to support innovative business models”, so there might be potential for conflict with ecological and environmental aims in the future.
In addition, one of the aims of the government’s Environment Bill (see also here), which was launched in late 2019, is given as:
“Restore and enhance nature – through ‘biodiversity net gain’ ensure that the new houses we build are delivered in a way which protects and enhances nature, helping to deliver thriving natural spaces for local communities. We will improve protection for our natural habitats in supporting a Nature Recovery Network by establishing Local Nature Recovery Strategies and giving communities a greater say in the protection of local trees.”
For more information on the content of this bill on the government website but as passage of the bill through parliament is in its early stages, there are also updates on its progress available.
It remains to be seen how our ecological and environmental protection will evolve over the next few years. However, if you need advice on what might be appropriate to your development project then contact us and we will be pleased to assist.
JP Ecological Services 