Unlock the potential of Natural Capital and Biodiversity Net Gain (BNG). As the UK navigates environmental challenges, we guide farmers and landowners through complexity and risk.
Natural capital is now an area that attracts government attention, considering recent seismic environmental and political challenges facing the UK. Natural capital and biodiversity net gain (BNG) offer farmers and landowners new opportunities to secure additional income and new revenue streams, as the Basic Payment Scheme (BPS) is phased out.
The changes are significant for how the countryside is managed, and farmers and landowners are right at the heart of the opportunities for managing things differently. However, with change comes complexity and risk.
At Tees, we have many years of experience advising on the legal aspects of farm diversification to help farming businesses get an optimum deal. We advise on the legal implications of new potential agreements and how they affect existing agreements a farming business may have with developers. A major consideration is whether to take land out of food production - for decades. There are implications for how that land will be managed in practice, as well as the future options for use; plus the tax implications of taking land out of agriculture, which could have a major impact on a farming family in future generations.
Our legal experts work for both landowners and developers, alongside land agents, and accountants to help achieve a seamless project and avoid the pitfalls that can come with natural capital schemes. Tees has expert lawyers in: estate management, commercial and agricultural property, renewable energy, corporate law, dispute resolution, regulatory law, private client and financial advice.
Natural capital is the value to humans of natural assets such as forests, biodiversity, land, fisheries or minerals. The phrase natural capital describes the outputs of land which deliver environmental benefits, alongside, or perhaps instead, of conventional benefits.
Social benefits are also included, such as green space in a city which provides recreation and a habitat for biodiversity.
Biodiversity net gain (BNG) is an increase in biodiversity associated with development. As of 12th February 2024, most large development sites are legally bound to provide an increase of at least 10% in biodiversity. Smaller sites will be included as of 2nd April 2024 and Nationally Significant Infrastructure Projects are due to come on stream in 2025. Many developers will be looking off-site for that gain. The minimum period for which the habitat must be managed is 30 years. This is an opportunity for landowners to make the most of the natural capital of their land for profit, help to replace income lost after the loss of BPS, and for the good of the public.
Our specialist lawyers are based in:
Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Associate, Commercial Property
Chelmsford office
Senior Associate, Commercial Property
Chelmsford office
Senior Associate, Commercial Property
Bishop's Stortford office
Solicitor, Commercial Property
Cambridge office
Hester Dalton, Senior Associate, Sworders
Herts
'With the concept of BNG being relatively new, there are still many unknowns surrounding the subject. Kirsten’s help was invaluable throughout the whole process, her perseverance and advice in the face of some complicated issues, beyond those solely concerning BNG, was hugely appreciated'
Legal 500 UK 2023
'Above all, Alex Waples’ unwavering can-do attitude makes him stand out in his field. Alex is able to accommodate time timescales when necessary and provides detailed commercial advice in a way which is easy to understand and gets straight to the crux of the issue whilst ensuring that he is protecting our interests at all times. Alex maintains a great working relationship with his clients through his effective communication and speedy responses – he is an essential and much valued part of our business'
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