Whilst the Government continues to mull over whether they should legislate for biodiversity offsetting, a planning application to build 47 houses in Essex has recently been accepted on appeal because a biodiversity offsetting proposal was offered by the applicant.
Uttlesford District Council had refused outline planning permission for the proposals last year because the proposed site contained a distinctive grassland habitat and was under management for the protected Common Lizard. The Council was also concerned due to the lack of adequate surveys for other protected species.
The developers proposed to offset damage that would be caused to the biodiversity by providing a larger grassland site for wildlife a few miles away from the development site, which would then be managed by them for 25 years.
Having proposed this biodiversity offsetting deal, the planning inspector who was dealing with the appeal recognised that the proposed grassland site was a few miles away from the original, but acknowledged that with suitable management it "would provide a suitable habitat for the Common Lizard and would provide a grassland of greater value and size than the appeal site does or could".