Thanks, very interesting. If that legal opinion holds up then either biodiversity offsetting is "dead in the water", developers will have to find another business model or the law must change.
Yes your pretty bang on their - S106 are pretty water tight, tho they have a limit of 10 years, I know of one in leeds which has just been revoked as it was not enforced for 15 years and ruled unenforceable - so S106 can be worked around, especially if the developer structures the delivery of the S106 linked to council work on highways that dont go ahead for vairous reasons, tho planners are wise to the highways access delay tactics now.
The intention is sound. We MUST stop concreting over nature without making up for it elsewhere. The problem is how to make sure it is a genuine replacement.
baseline survey is calculated using the biodiversity metric 3.0
under the current guidelines, I am guessing that the ground would have become a species rich habitat and therefore would never be able to be farmed intensively again, rather like the "once a woodland, always a woodland", so for that reason alone, I would be inclined to decline or at least want to be able to purchase other local land plus get a bit of an income.
But they absolutely do not want to be left owning the land once the development is complete because they'd be liable for potentially large cost if it failed to continue delivering the required total biodiversity. They want a clear price now to deal with the issue for ever, price it in to the job then build the houses and walk away.
The Devil, will be in the Detail...
So take their payments for unproductive land and buy additional better land to farm with the money
Is that £950/ha/year for 30 years or £950/ha for 30 years (approx £32/ha/year)
Think it'll be 950 per year. Heard similar round the way here.
Could live with that if index linked.....
Almost as good as a solar farm....
I thought solar farms were talking around £1000/acre per year, 2 1/2 times as much as that. And you get your land back at the end to do as you will....
They might be.....
I thought that, but it’s per hectare not per acre.
I thought that, but it’s per hectare not per acre.
You can still farm it though.
Its also less likely to get torpedoed by western power
They really can be a PITA.they are offering £9,307/ac upfront for land that may only be worth £6k....
None of these companies will be around to make payment in year 30, many wont survive to make payment in year 3 I would bet.... The legal docs want looking at with the finest of fine tooth combs! Say it was a 10Ac block... a wise man might take the money and use it to buy 10ac next door... even if the scheme land was woodland by year 30 you are still farming 10Ac and have gained a 10Ac wood for free and have received payments on it... For some it could be a very good little earner, others will get badly burnt. I suppose when you consider developers may be paying upto £1million for an acre of development land in some parts, paying £9K to buy an acre of biodiversity offsetting is chump change! Of course in lower value areas its just another hurdle that reduces house building, adds another cost burden and further drives up the house price inflation spiral we are in.