RSABI – supporting people in Scottish agriculture for 125 years

By Carol McLaren, RSABI Chief Executive

RSABI’s new Chief Executive Carol McLaren took up the position at the start of the year. Carol grew up on a family farm in Perthshire and is well-known in the farming community, having previously worked as an agri-journalist, for whisky companies Edrington and Diageo, and for Quality Meat Scotland.

After four months in my new role, I am already incredibly proud of the dedicated team of staff, trustees and volunteers at RSABI, and the excellent work being delivered for the agricultural industry.

The service RSABI delivers for people in Scottish agriculture ranges from financial and emotional support to practical help and is always given with respect, understanding and confidentiality.  

Something which I had not realised before joining the team is the breadth of the range of the support offered by RSABI – from providing grants to help with heating costs to opening up channels of communication with statutory agencies, utility providers and creditors. 

One less well-known service which has seen demand treble since the start of the pandemic is our outgoing call service. Stress and loneliness are the main reasons for people receiving regular phone calls from our team of staff and volunteers.

When you contact RSABI you will find the response is always compassionate, understanding, and friendly and, for those in need of help, our team of case officers will find a way to make life feel less overwhelming. 

We’re incredibly grateful to have such fantastic support from the Scottish agricultural community and associated businesses. Whether it is taking part in a fundraising challenge, becoming a member of our supporters’ schemes – as Bell Ingram are – or a trustee on our board, the goodwill from those in the industry is greatly appreciated. 

During the coming year, RSABI will be celebrating its 125th anniversary and we have an exciting programme of events and activities lined up for this milestone year.

We’ll also be asking for the agricultural community’s continued support to raise awareness of the work we do and encourage people who need support to get in touch without hesitation. 

We know there are people who could benefit from our support, including younger people, who for some reason are hesitating to reach out to us. We are looking at steps to address this and in the coming weeks we will be launching an enhanced helpline service which will extend the ways people can get in touch with us to seek support.

Our Helpline service has this spring moved to being open 24/7, 365 days a year, to ensure we are ready and waiting for calls at any time of day or night.

There is no doubt that the pandemic and the resulting enforced isolation has had a substantial impact on many people of all ages in agriculture and this is now compounded by the worry we all share about the situation in Ukraine and the effects of the crisis on fuel and input costs.

With the industry facing many challenges and times of change ahead, it is vital that people know, whatever is around the corner, that RSABI is there for them as we have been for 125 years.

Our service is always confidential, always friendly, and always understanding so if you are struggling, or worried about a friend, family member or neighbour, please share our number or contact us on 0808 1234 555 or email helpline@rsabi.org.uk. Don’t hesitate.

Article posted on 09/06/2022

To bee or not to bee? How beekeeping is putting bumble bees at risk

By Paula Carnell

Large and fluffy with yellow and black stripes, the great yellow bumble bee is the iconic image we imagine when we think of a bee. Once common across the British Isles, sadly it’s now only found buzzing around remote patches of machair and wild areas in the Highlands and islands of Scotland.

While it’s vital that we work together to protect this environment for their continued survival, it is also essential that there is understanding of exactly which bees need saving and why … particularly as more and more people are becoming interested in supporting bees, as well as producing their own honey.

Every time a landowner decides to add a colony of bees, they risk the survival of our native and solitary bumble bees. If the introduction is not done in an informed way, with full understanding of the balance of nature, the bumble bees are forced to compete with another 50,000 hungry mouths to feed and that is not congruent with their natural way of bee-ing.

Professor Dr. Peter Neumann from the Institute of Bee Health at the University of Bern has even gone as far as to suggest that beekeepers themselves are the biggest threat to bees and that the wisdom of many conventional beekeeping practices should be addressed.

We can learn so much from the wellbeing of our favourite pollinators, after all if it’s our environment that is killing them, it must also be inadvertently impacting us! It is vital that we audit our native bees, especially before introducing or moving honey bees onto our land to support them to survive and thrive.

I am passionate about protecting the balance of nature, especially the areas that have stayed in harmony to date.

Let 2022 be the year when bees thrive, they are giving us so many messages and it’s about time we took heed from these wise bee-ings, and along with them, have healthier thriving humans too.

  • Paula Carnell is a Bee Consultant and honey sommelier who works with landowners and businesses who wish to incorporate bees and sustainable honey production into their projects. Working from Somerset UK, Paula’s clients include The Newt in SomersetLake District Honey Company, Wellbeing and business retreats in Wales and England, as well as projects in Madagascar, Mexico and Lebanon. For more information visit Paula’s website: paulacarnell.com

Fun facts

  • Spring is when many bees emerge to breed and pollinate. 

  • There are 22,000 species of bees in the world, 11 of which are honey bees

  • Here in the UK, there are 270 species, 50 less than 100 years ago, and only one honey bee, Apis mellifera.

Article posted on 06/06/2022

Trust your farm sale to Bell Ingram

By Rob Whitson, Highland Partner and Head of Farm & Estate Sales at Bell Ingram.

With over 100 years of experience working in the countryside, Bell Ingram has the expertise to help you navigate the complex process of selling your farm.

Our farm and estates sales team can ensure you have the right advice from the outset with many of our agents coming from rural backgrounds and operating their own farming businesses.

If you are considering selling your farm there’s no time like the present, and our agents are here to help you maximise your assets and take advantage of robust rural land values.

Farmland prices rose sharply in 2021 and Bell Ingram expects this period of growth to continue throughout 2022 with strong demand coupled with a shortage of properties for sale resulting in excellent outcomes for those sellers taking the plunge.

While farmers continue to be the main investors in farmland in Scotland and the North of England, I predict that newer players emerging in the sector such as Forestry, Environmental, Social, and Governance (ESG) investors, and lifestyle buyers will spark competition in a market where demand already outstrips supply.

Volumes remain tight both north and south of the border, although we are expecting more land to come to market this year than in 2021. This means that what does come on the market moves quickly to a closing date and we are seeing some properties sell for well over their guide price.

If you are thinking of selling, the following steps will help you get the best price:

  1. Get the timing right

The current demand for farms is such that you could sell at any time. However, farms are best marketed during spring and early summer, when they are in the best condition and look most productive. Make sure you plan far enough in advance to allow time to consider crop rotations, sale of livestock and also preparation of marketing materials.

  1. Make a good first impression

It might sound obvious but it’s important to keep your property looking as appealing as possible to potential purchasers. This means keeping on top of repairs to farm buildings fencing and gates, cleaning out guttering, and filling potholes.

  1. Divide and conquer?

Whether to sell your property as a whole or divide into lots depends on the size and type of farm and what will be included the sale. If there is a mix of agricultural land and residential properties, dividing a farm into lots increases the range of potential purchasers, therefore creating an opportunity for increased competition. This can help to maximise sale price. Hill ground can also be lotted separately if it has planting potential for trees.

  1. Marketing your property

 Quality marketing material is vital when your property is being prepared for sale. As well as producing farm plans, farm building plans and floor plans, Bell Ingram will arrange for one of our professional photographers, using drone images, to showcase your farm at its best. As well as producing a high-quality brochure we offer the latest digital and print platforms to allow your property to be viewed by the right buyers.

  1. Find the best team

Selling farms is a highly specialised area of the land and property market which requires first-hand experience of the rural sector. Bell Ingram’s farm sales team has a trusted reputation in this sphere and our close contact with buyers and sellers across the UK enables us to complete many deals both on the market and privately.

To request a free valuation of your farm or estate call Rob Whitson on 01463 717799.

Our people

Rob Whitson

Rob Whitson

Partner, MRICS
Rural Land Management, Valuations
Tel: 01463 717 799

About: Rob is Bell Ingram’s partner in charge of the Beauly office. He specialises in the management of rural properties for a range of private clients across the Highlands. This has included a number of significant and high profile sporting estates. For Land Management clients, Rob has worked on the negotiation of purchase/sale, servitude rights and renewable energy developments. He provides specialist management advice over a wide range of sporting estates particularly in relation to red deer stalking and salmon fisheries. Rob has enjoyed a long involvement with a number of district salmon fishery boards across the Highlands, and is a trustee of the Cromarty Firth Fishery Trust. He is Chair of the Highland Region for Scottish Land & Estates and also leads on valuations of commercial and rural property throughout Scotland in accordance with the RICS appraisal and valuation standards. Interests: Private Estate Management, Rural Land Management, Sporting Management, Valuations.

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    Article posted on 06/06/2022

    Your crofting questions answered

    By Ian Blois, Senior Land Agent, Bell Ingram Highland

    The unique land ownership system involved in buying and selling crofts in Scotland’s Highlands and Islands can be complex and difficult to navigate.

    If the idea of Crofting and Crofting Legislation sounds arcane and old-worldly, it should be remembered that what began as a result of the 1883 Royal Commission on land tenure in the Crofting Counties, continues today with the slightly different purpose of retaining working-age communities in isolated areas of the North of Scotland.

    In recent months, interest in moving to the Highlands has remained strong with many enquiries coming from people hoping to find a permanent home, often with some land or a plot to build their dream home.

    With many small-holdings being subject to crofting tenure, our in-house crofting expert, Ian Blois, answers some of the frequently asked questions to help you understand crofting regulations in Scotland.

    Q. I am looking at buying a croft with a house that requires a lot of work to be done to it before it is fully habitable. Given that crofting regulations require residence, how would that work? And how much time between purchase and residency would be allowed before you were in breach?

    A. I am not sure that there is any specific time period before you would breach the regulations and the Crofting Commission do recognise the practicalities involved in building a house before moving to the croft, so it shouldn’t be a problem.

    If your offer is successful, it will be subject to getting approval to the transfer from the Crofting Commission so you must have a genuine intention to live within 32km and actively farm the croftland. They will not approve your application if they think you are going to build a holiday cottage and continue to live permanently in Glasgow, for example.

    Once your tenancy has been approved you should be fine, as long as you are making a genuine effort to build the house and to manage the land e.g. making a planning application, fixing fences etc. The Crofting Commission also allow tenants to be “absent”, if there is a genuine reason and you let them know, so there is a bit of wriggle room.

    Always bear in mind that the Crofting Commission have the power to terminate the tenancy and to allocate it to someone else, if you don’t fulfil your obligations, even if you are the owner of the land. The new tenant would then have the right to buy the croft.

    Q. Can you clarify what is meant by ‘owner occupied croft’?

    A. Historically croftland has been part of a large estate, with many crofts being in the ownership of one landowner and the crofting tenants having the right to farm the land. This is similar in effect to the Freehold and Leasehold of a block of flats. Nowadays many crofts have become owner-occupied crofts, where the crofting tenant has bought the land, whilst retaining the tenancy.

    As the tenancy is still subject to crofting regulations and overseen by the Crofting Commission, owner-occupiers remain obligated by the Crofting Commission to live within 32 km of the croft and to actively manage the land.

    When an owner/occupied croft is sold on the open market, the buyer will be purchasing both the land and the tenancy or assignation. However, because the Crofting Commission has to approve the transfer of every assignation, offers to buy should be made subject to obtaining the Commission’s approval of the new owner as tenant.

    Q. I am looking to sell my house which is currently part of a croft. What is the best way to do this?

    A. If the land which the crofthouse occupies is still part of the croft, it would be best to apply to the Crofting Commission to decroft an area around the house and garden prior to putting it on the market. Banks and building societies will not offer a mortgage on a house which is still subject to crofting tenure, so many potential buyers would be unable to complete the purchase.

    If you are looking to decroft your house and garden certain rules apply:

    1.The tenant should not have made a decrofting application within the last five years.

    2.The area to be decrofted should be no more than 0.2ha (or a good case must be made for a larger area).

    3.The area must be for the house and garden only and should not normally include agricultural sheds.

    4.The landlord’s consent in writing must have been received, with evidence provided as part of the application.

    5.The decrofted land must be purchased from the landowner within five years of the Decrofting Order.

    In the case of an owner/occupied croft where the crofting tenant already owns the land, purchase from the landowner and landowner’s consent obviously do not apply.

    Q. We wish to de-croft our property. Can you advise on the costs involved and timescales?

    A. First of all we would need to know if the croft has been registered on the map-based Crofting Register. This is a requirement prior to any application to the Crofting Commission to change details of a croft on the Register of Crofts. Whether the tenancy is being passed down a generation, being sold on the open market or a site is being decrofted, the crofting tenant must arrange for the croft to be registered. This process involves a fee and the cost of an advertisement in local newspaper, along with the cost of preparing a plan and completing the forms. A nine-month period must be factored in, to allow neighbours to make an objection to the boundaries if they think there are incorrect.

    The application to decroft a house site can be submitted at the same time or on its own if the croft is already registered. Again, this will require a plan showing the area to be decrofted, giving areas and any access rights required if the site is not adjacent to a public road.

    Once the application has been accepted (after any amendments), the Crofting Commission aim to make a decision within six weeks, with a further 42 days allowed for members of the public to make an objection. If all goes well the whole process is likely to take up to four months. Finally, there is a fee to pay to amend the information held on the Crofting Register.

    As far as costs are concerned, each application is different, and your agent or lawyer will be able to advise.

    Q. Can a company own a croft?

    A. A company can own croftland, i.e. land that is subject to crofting tenure, but under crofting legislation a company cannot be registered as crofting tenant. So, if a company bought a croft, the existing crofting tenant would remain as the registered tenant and be able to exercise his/her right to buy the croft outright at 15 times the annual rent.

    Q. Can you build a house on croft land?

    A. In the case where there is no house on the croft, there is a presumption in favour of obtaining planning consent from the local authority for a house, either as a new build or to renovate a dilapidated cottage. This does not usually apply to non-crofted land, it allows the crofter the opportunity to satisfy their obligation to live on their croft and to manage the land and livestock on a daily basis.

    In the case of a new build, the crofter will need to apply to the Crofting Commission to decroft a house site, to take it out of agricultural use, but this is generally given where planning consent is already in place.

    For further information, I would recommend consulting the Crofting Commission website which holds all the relevant forms and guidance notes and has as a very helpful FAQs page. For more legal questions, most solicitors with an office in the Highlands and Islands are well versed in crofting law.

    In conclusion, if the idea of Crofting and Crofting Legislation sounds arcane and old-worldly, it should be remembered that what began as a result of the 1883 Royal Commission on land tenure in the Crofting Counties, continues today with the slightly different purpose of retaining working-age communities in isolated areas of the North of Scotland.

    For more information on crofts please contact Senior Associate, Ian Blois on 01463 717799 or email ian.blois@bellingram.co.uk

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      Article posted on 06/06/2022

      Achieving record results for our clients in a complex property market

      Despite the uncertainties surrounding the Covid-19 crisis and ever-changing guidelines for the industry, Bell Ingram’s property team has enjoyed huge success over the last two years.

      Repeated lockdowns have seen us all spend more time in our homes, which has really focussed the mind of buyers on what they truly want and need from their spaces, and as a result we are seeing unprecedented demand for rural property with ample green space as well as additional living space.

      Such high demand coupled with a shortage of stock has driven up valuations with residential properties achieving anything between 5% to 30% over the asking price, and I expect this upward trend to continue into 2022.

      The land and farm sales markets are also highly competitive, and our well-placed agents have experienced great results in these markets. As rural business experts, Bell Ingram agents understand the rural market and are able to take a creative approach to selling to achieve the best results for our clients.

      Being part of a firm that includes, valuations, land management, forestry, mapping and planning pays dividends. For example, our Perthshire agents recently achieved 25% over the asking price for a farming client by separating land for forestry and securing permissions for property development. 

      Meanwhile, a recent large estate sale achieved 13.5% over the asking price of £1.6million following 173 viewings and 50 offers for our client.

      With so much opportunity in the market currently, now is a favourable time to sell. But for buyers it is not always the ones with deepest pockets who are coming out on top! Buyers who have all their ducks in a row, and who are outwith chains, are often more successful than the highest bidder in securing their dream home.

      Because we ask our buyers the right questions, we always secure the best deal for our clients. We would therefore recommend that anyone who is thinking of selling their rural property to get in touch with our agents as soon as possible to discuss your options.

      If you are considering selling your home, farm or estate, our dedicated team is on hand to provide the expert advice you need. Contact Carl Warden on 01738 621121 or email carl.warden@bellingram.co.uk.

      Article posted on 16/02/2022

      What is rural land worth this year? Land values in Scotland and the North of England 

      Bell Ingram’s guide to average rural land values in Scotland and the North of England has been updated and proves a useful tool for many involved with land transactions.

      In reviewing the figures, Sarah Tyson, Head of Valuations, said:

      “Average arable land and the best pasture land values have been relatively steady but there is still limited supply and continuing demand, especially where neighbours have the chance to buy. Borrowers are looking to take advantage of current low interest rates whilst they can and certainly AMC lending has seen a lot of fixed loan rate being very popular.

      “The forestry sector remains very strong with good timber markets. The unprecedented demand from investors for land suitable for tree planting continues and is further fuelled due to the impact of Natural Capital, including peatland restoration and rewilding projects, although values are very site specific (and can seem eye watering), making it difficult to apply averages.

      “Values for sporting interests are steady, but again vary depending upon the particular estate, location and facilities. Scotland has seen an increase in estate sales to those looking for forestry/Natural Capital interests and these examples of land use bring different dimensions, and, approach to prices. Nevertheless, deer management is still essential, and fishers are ever hopeful of a catch!”

      Note: The figures quoted provide general indications of value only and should not be relied upon. If you have a property which needs an updated valuation for any reason, get in touch and one of our team of RICS Registered Valuers or Sales Agents will be able to assist.

      Article posted on 14/02/2022

      The business of carbon net zero

      There’s no doubt that climate change and nature decline are the big buzzwords within the UK’s rural land sector as both Holyrood and Westminster push to meet their Carbon Net Zero targets by 2045 and 2050 respectively.

      How we address these issues is placing new demands on the landowners and land managers who, as custodians of the landscape, must find a balance between securing the natural environment for future generations while supporting the multiple objectives the land must meet.

      While the growing number of government targets has opened up new opportunities for the land-based economy, the application of carbon and ecosystem investment and natural capital concepts is still in its infancy and further complicated by different legislation, aims and targets both sides of the border.

      At Bell Ingram we believe that a practical land management strategy is the key to navigating this fast-developing landscape and unlocking associated opportunities.

      Woodland Carbon

      Carbon in forestry is the hot topic at the moment. Not only does planting trees help to combat global warming by absorbing carbon dioxide, but it has the potential to generate a significant additional income for landowners.

      In essence, this is because Woodland Carbon (and Peatland) is tradable and has a value. Carbon sold when trees are planted (or Peatland restored) can provide landowners with additional income. And verified carbon can be used by business to offset their UK carbon emissions.

      The Woodland Carbon Code (WCC), which is administered by Scottish Forestry, is the quality assurance standard for woodland creation projects in the UK and generates independently verified carbon units. Backed by government, the forest industry and carbon market experts, the Code is unique in providing woodland carbon units right here in the UK.

      Bell Ingram has an established track record of delivering Woodland Carbon Code (WCC) projects, successfully implementing both native woodland and commercial conifer schemes ranging from a few hectares to many hundreds.

      From woodland creation through to long-term forest management and timber harvesting, our carbon team can offer a comprehensive range of environmental services and have the expertise to ensure the carbon opportunity in your new investment is developed to maximise potential.

      Peatland Restoration

      Peatland is an excellent carbon store. The hydrology of peatland, in its natural waterlogged state, prevents carbon within organic matter at the surface oxidising and being released as carbon dioxide. Restoration is crucial as degraded peatland has been contributing to rising carbon emissions.

      While woodland creation carbon work is already well established, Peatland Restoration is less advanced and although there are many schemes (and even more planned) the general belief is that there will be major changes to come in order to make this more appealing/available in the future.

      Like the Woodland Carbon Code, the Peatland Code is a voluntary certification standard designed to provide assurances to carbon market buyers that the climate benefits being sold are real, quantifiable, additional and permanent.

      The Code was developed in 2015 and is managed by the IUCN Peatland Programme. The reduction in carbon emissions by peatland restoration is quantified, validated, and verified in a similar way to the Woodland Carbon Code.

      Get in touch

      Done right, these new natural capital markets offer exciting opportunities. However, carbon funding is a fast-moving and developing area and we strongly advise both buyers and sellers of carbon to take professional advice.

      Please contact Partner and Head of Carbon Mike Thompson at Bell Ingram for more information. Tel. 01738 621 121 or email mike.thompson@bellingram.co.uk

       

      Article posted on 10/02/2022

      Scottish Forestry continues to forge stronger working relationships with farmers through Integrating Trees Network 

      The Integrating Trees Network is up and running and going from strength to strength.

      This farmer and crofter-led initiative is supported by Scottish Forestry and the Scottish Government. Its aim is to build up a strong network of farm woodland demonstration sites across Scotland, with the hosts showcasing how growing trees has helped their business.

      Sharing experiences and hearing from those who are actually doing it – including Bell Ingram’s Matthew Imrie – is all part of the ever-growing Integrating Trees Network. The initiative has now run ten virtual events, attracting farmers and crofters from all over Scotland.

      Farming Networks

      The network has built up a strong network of farm woodland demonstration sites across Scotland.

      There are six farm woodland demonstration sites across Scotland, hosted by: 

      • Andrew Adamson of Messrs W Laird & Son, Netherurd Home Farm, Peeblesshire.

      • Matthew Imrie (Bell Ingram), Hillhead Farm, Torrance.

      • Andrew and Debbie Duffus, Mains of Auchriachan, Tomintoul.

      • Andrew Whiteford, Burnfoot and Ulzieside Farm, Sanquhar.

      • The Barbour family, Mains of Fincastle, Pitlochry.

      • The Lockett family, Knockbain Farm, Dingwall.

      These fantastic farming hosts have shared their experiences along with a number of key practical messages for others thinking of planting trees. These are:

      • Use well known contractors – not always the cheapest but being recommended by others shows they know their job.

      • Environment – you have to work with what’s on the ground, don’t try and change it too much or work against it.

      • You can do the work yourself and you don’t need to rely on contractors. It can be a steep learning curve and there are challenges. It just takes time and planning, but there is support out there.

      • Understand your reasons for wanting to plant trees on your land and your business priorities.

      • Do your research: evaluate your land and monitor your farm to find out what areas are under performing for livestock but could still be suitable for planting trees.

      • Make sure you consider whether planting trees will complement your existing farm enterprises.

      • Treat your woodland as another crop, making sure you are managing it properly.

      • Involve the local community as much as possible in planning – that helps to defuse any potential issues.

      • Ask whether having trees on the farm will help diversify the nature of the business to become more adaptable, and in the future will it provide much needed shelter.

      • Create a habitat for wildlife: life’s pretty boring without wildlife!

      Resources

      As the network has developed, more resources have been created to help land managers take that next step to planting trees on their land. Simplified woodland creation guidance, small farm loan scheme, FAS funding to name but a few and most of all, having access to other farmers and crofters who can share their practical knowledge to those considering woodland creation on whatever scale. This information is available online at  www.forestry.gov.scot and www.fas.scot

      A video featuring Bell Ingram’s Matthew Imrie, Hillhead Farm, Torrance, one of the host farmers, discussing the decision to plant trees on his family farm and key considerations others farmers should be aware of. Watch it at www.farmingforabetterclimate.org/integrating-trees-on-your-land

      Everyone is welcome to book onto these free virtual online events. This is a farmer and crofter-led network so please get in touch and let the organisers know what topics you want  to discuss. Drop lyn.white@forestry.gov.scot or Hilary.Grant@gov.scot an email. Events coming up:

      Tea and Trees with Crofters: Thursday 17th February, 6 – 7pm

      A chance to chat about planting trees on your croft – come and share your experiences and ask your questions. This discussion group will bring crofters together to chat about woodland creation projects along with specialists from Scottish Forestry and The Woodland Trust, Croft Woodland Project. This will be an informal networking event and a chance to make connections and chat with other crofters to share your experiences and knowledge. Join with a cup of tea to discuss the objectives, challenges and potential for integrating trees on crofts. Look out for booking details on the Integrating Trees Network website www.farmingforabetterclimate.org

      Woodland Creation for Biodiversity: What needs to be considered? Discussing the ground examples, Thursday, 24th February  7 – 8pm 

      Come along and hear from Colin Edwards, Environment Policy Advisor, Scottish Forestry, on how to create woodland to meet your biodiversity objectives. Looking at basic principles of site selection, key species to plant, integration of open habitat and creation of future habitat to maximise your biodiversity benefits. Hear and discuss with our land managers their practical experiences of creating, woodland for biodiversity. Hosts for the night are Andrew Barbour, Mains of Fincastle, Pitlochry and Richard Lockett, Knockbain, Dingwall. There will also be a representative from, Woodland Trust. Booking details on the Integrating Trees Network website www.farmingforabetterclimat

      Article posted on 10/02/2022

      Biodiversity Net Gain and its impact on future infrastructure and housing projects 

      Biodiversity Net Gain is an approach to development which aims to leave the natural environment in a measurably better state than beforehand. Implemented correctly, it should have a positive ecological impact, delivering improvements through habitat creation or enhancement.

      It’s by no means a new concept, in fact Biodiversity Net Gain has been best practice among responsible infrastructure companies, developers and landowners for some time now. Bell Ingram, for example, has been working for a major utilities client on a project to provide biodiversity enhancement for a major pipeline development in the North-West of England. Our land agents have been tasked with identifying and acquiring nearby land with the potential for habitat creation and enhancement. The project started in 2020 with completion scheduled for 2030.

      It’s worth noting that Biodiversity Net Gain has been a part of planning policy in England through the National Planning Policy Framework for a couple of years, although it has not been widely adopted. 

      However, the principle has now become enshrined in law as one of the more ambitious provisions of the new Environment Act 2021. This legal requirement, which applies only to England*, requires new developments to provide a 10% Biodiversity Net Gain to be maintained for a period of at least 30 years in order to secure planning permission.

      While this condition has no legal effect yet (and will be brought into force through secondary legislation at a date not yet known), the provisions are far reaching and complex.

      In essence, Biodiversity Net Gain means developers in England must ensure their projects deliver biodiversity improvements to meet the required 10% increase. To do this, they must evidence a project’s final Biodiversity Net Gain value using the specified Defra biodiversity metric if they want their plans to get a green light.

      To achieve Biodiversity Net Gain, proposals must follow the ‘mitigation hierarchy’ which compels planning applicants to avoid harm in the first instance, then mitigate or finally compensate for losses on-site, off-site or through a combination of the two solutions. These measures will be implemented in planning conditions.

      *The Biodiversity Net Gain principles set out in the Environment Act only applies to England, but the Scottish Government has committed to bring forward a new biodiversity strategy in October and its delivery plan six months later.

      With a background in environmental management, Ben Hewlett is a Land Agent based in Bell Ingram’s Northwich office where he works on behalf of our utilities clients.

      Article posted on 10/02/2022