BNG & Environmental Land Assembly for major project

Background 

The environmental requirements in infrastructure and construction projects are extremely complex. From species relocation to mandatory fulfilment of Environmental Net Gain (ENG) and Biodiversity Net Gain (BNG) regulations, these complexities are frequently further bolstered by constraints brought about by land acquisition and additional ecological concerns.  

Ardent’s client required a solution that would not only meet its regulatory and ecological targets, but which would also minimise risks, control costs and help foster positive relationships with the local community. 

 

The challenge 

Ardent’s client faced several concurrent challenges. 

First were the twin scale and make-up of the land requirement, as a significant area of land was needed for habitat creation which needed to include grassland, woodland, scrub, ponds and arable habitats. 

Added to these was time pressure. To avoid delays to the programme, a smaller portion of the overall land requirement was needed to be ready for the creation of habitats before DCO consent was granted. This allowed necessary habitats to be ready before the scheme’s main works start  

The budget for the works was a constraint, as land acquisition costs following the additional land requirements were estimated to range between £50 million and £140 million. This represented a significant increase to the overall project budget which had not been factored into it. 

There was also uncertainty surrounding ecological data, approval for relocation and other, species-specific requirements which were not expected to be finalised until after key project milestones had been passed. This made the more traditional acquisition strategies unworkable. 

Lastly, ecological outcomes had to be balanced not only with the interests of local landowners and farming businesses, but also with meeting the key policy test of having a compelling case which would allow the pursuit of compulsory acquisition.  

The solution 

Ardent’s BNG Assembly service has been specifically designed to meet challenges like these head-on, by offering a holistic and flexible approach that is driven by value to the client. 

The service has an innovative land assembly strategy at its heart. Central to this are Nature and Environmental Management Commitments (NEMCs), which are formal and legally-binding and can be sought with landowners. They remove the need for outright land purchase, either by negotiation or compulsory acquisition, by securing access and management rights over the on-site and off-site land required. This reduces the impact on local farming activity and minimises upfront capital outlay. 

A NEMC also allows for the early creation of habitats that are critical to the programme and enables the preparation of soil before creation works, which reduces establishment risk. This flexible, phased development of additional habitat areas progresses as ecological data becomes available and the precise requirements of what is needed in the habitat become known. 

The strategy also includes recommendations and advice on securing long-term ecological commitments by using conservation covenants that are managed through a single, responsible body. This streamlines the oversight and compliance across the term of the NEMCs. 

With all of these factors combined, the strategy unlocks several benefits and other aspects of client value.  

It is cost-efficient, because it avoids outright purchase. Using NEMCs reduces acquisition costs significantly and minimises short-term funding requirements, which means cashflow can be better aligned with the future generation of project income. 

The strategy also reduces consenting and objection risks, because NEMCs secure the smaller area of land to create the ‘pre-DCO’ habitat and then gave the flexibility needed to create further habitats ‘post-DCO’ once ecological data and offsetting requirements are known and understood.  

Community engagement is boosted, as the land assembly strategy is developed in collaboration with local farming groups and landowners. Their site and sector-specific expertise is vital and their involvement reduces friction while the long-term relationships necessary for the management term are being built.  

A further benefit of NEMCs is that they generate revenue. They enable tradeable biodiversity units to be secured on land that is considered surplus to requirements – subject to successful entry onto the BNG register – which then creates revenue streams for both the client and participating landowners. 

Lastly, and as part of Ardent’s core belief of delivering life-improving changes for communities and future generations, the approach leaves a positive legacy. By supporting the local farming and landowner communities, promoting high ecological standards and ensuring ongoing monitoring, continuous improvement and adaptive management for the next 40 years, the habitat remains a beacon of sustainability. 

The results 

Our BNG land assembly strategy helped our client: 

• Secure the land needed to fulfil environmental regulations, including the relocation of critical species and the creation of habitats, without costly and contentious compulsory purchase.
• Deliver a high standard of ecological outcomes at a lower cost.
• Minimise programme delays and financial and consenting risks.
• Build rewarding, long-term partnerships with the local community by opening up new opportunities for biodiversity trading and environmental stewardship. 

The project demonstrates how Ardent’s Nature and Land Advisory service delivers an innovative solution that is client-focused. It turns a client’s environmental obligation into value, with risks appropriately managed and the local community benefiting.  

It is an approach that is open to any other organisation which wants to achieve more from fulfilling its BNG regulations.