Approach to biodiversity in Scotland

Scotland’s position on addressing biodiversity in planning and development is different from England. 

The approach being adopted north of the border is based on ‘enhancing’ the biodiversity of a site, rather than the 10 per cent net gain requirement set to be introduced in England in November 2023.

The approach to biodiversity in Scotland follows the introduction of the Planning (Scotland) Act 2019 and provisions in the National Planning Framework 4 (NPF4) that is set to be adopted on 13 February 2023 and seeks to secure a number of positive outcomes through development in Scotland, one of which focuses on enhancing biodiversity.

Experts from Shoosmiths’ planning team, Kay Cuthbertson and Geraint Hughes, investigate NPF4 below and what this approach to biodiversity could mean for developers operating in Scotland.

Kay and Geraint analyse the mechanisms for achieving biodiversity enhancements, the financial and operational challenges it could pose, and how Scotland’s flexible approach to biodiversity could lead to local planning authorities taking different stances when it comes to requirements on developers.

Both experts also outline what steps developers should be taking now to prepare for NPF4 - ensuring that plans are in place for biodiversity enhancements right at the outset of the development process.



This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances. © Shoosmiths LLP 2024.



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