The Environment Act 2021 became law across the UK on 9 November. The Act includes a wide range of measures designed to protect and enhance our environment, and many will undoubtedly have an impact on all of our lives. From an architect’s, planner’s or developer’s point of view, a significant specific element is the legal requirement to halt biodiversity decline by 2030, including the potential need for all development projects to include biodiversity gains of at least 10% in planning considerations and for this target to subsequently be achieved. At present, though, the Act only “makes provision” for the biodiversity net gain aspect, and further legislation is required to completely instate it. There may also be increases in the levels of protection offered to some UK species. If you need advice on biodiversity gain processes or species protection for your project, please contact us.
Originally launched in 2019, and delayed by Covid and Brexit issues, the final stages of its passage through parliament were undoubtedly driven by the desire to launch it in time for, or alongside, the COP 26 discussions on climate change that the UK government hosted in Glasgow. Touted by George Eustice, Environment Secretary, as a “world-leading piece of legislation”, it has nevertheless received more muted acclamation in other areas. Although welcomed as a starting point by many experts, disappointment has been expressed on the lack of independence of the new watchdog, the Office for Environmental Protection (OEP), and weak mandates in respect of discharge of untreated sewage into water courses, the protection of habitat-related regulations and the protection of ancient woodland in planning frameworks.
Most experts agree that much work still has to be undertaken to ensure that the ambitions are achieved. Although the UK now has a legal requirement to halt biodiversity decline by 2030, all the environmental and biodiversity policies will now need to be strengthened to ensure we meet this target. This will include improving the management of protected areas, designing and implementing policies to make agricultural and forest land management more sustainable, making sure that net gain requirements really deliver for biodiversity, and increasing environmental protection against industrial pollution. The Act also requires the government to set long-term improvement targets on air, water, nature and waste, and the first targets are due to be offered for public consultation early next year.
We can only wait and see how the next year will affect us further.
JP Ecological Services 
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