Background

The Environment Act 2021 introduced a strengthened ‘biodiversity duty’ which requires all public authorities in England to consider what they can do to conserve and enhance biodiversity. Defra has published guidance on complying with the biodiversity duty.

The action local authorities take for biodiversity will contribute to the achievement of national goals and targets on biodiversity.

The Environmental Improvement Plan (EIP23), published in January 2023, sets out the government’s plans for improving the natural environment with the apex goal recognised as "improving nature and halting the decline in our biodiversity to achieve thriving plants and wildlife". This is recognised as crucial to enabling all the other relevant goals to be achieved.

By 2030, the government has committed to:

  • halt the decline in species abundance
  • protect 30% of UK land

By 2042, the government has committed to:

  • increase species abundance by at least 10% from 2023, surpassing 2022 levels
  • restore or create at least 500,000 ha of a range of wildlife-rich habitats
  • reduce the risk of species extinction
  • restore 75% of our one million hectares of terrestrial and freshwater-protected sites to favourable conditions, securing their wildlife value for the long term

Requirements

As a public authority, Brighton & Hove City Council must:

  1. Consider what they can do to conserve and enhance biodiversity by 01 January 2024. No template has been provided for this first consideration.
  2. Agree on policies and specific objectives based on their consideration as soon as possible after 1 January 2024.
  3. Act to deliver the policies, achieve these objectives and report on them. Defra has provided a reporting template.

This report addresses step 1. It's the first consideration and is essentially a scoping exercise.

Timescales

Following the first consideration, Brighton & Hove City Council must report on:

  • actions taken to conserve and enhance biodiversity
  • achievements resulting from our actions
  • actions we plan to take in the next reporting period

Planning authorities must report within 3 years, by 1 January 2026, and then within 5 years of the previous reporting period.

First considerations report

Plan/strategy/function: Declared Climate and Biodiversity Emergency

Current contribution to Biodiversity Duty

Declared Climate and Biodiversity Emergency 2018.

Brighton & Hove City Council has recognised global climate and biodiversity emergencies.

Additional policies/objectives to consider

Explore any required follow-up on the motion of notice.

 

Plan/strategy/function: Council Plan

Current contribution to Biodiversity Duty

Council Plan 2023 to 2027.

The Council Plan includes 4 outcomes:

  1. A city to be proud of.
  2. A fair and inclusive city.
  3. A healthy city where people can thrive.
  4. A responsive council with well-run services.

The plan commits to:

  • promote responsible use of resources to tackle the climate and biodiversity emergency and foster a strong and vibrant city
  • ensure that all decisions made by Brighton & Hove City Council take into account the climate and biodiversity crises
  • protect and enhance the city’s natural environment
  • conserve and manage habitats and spaces where plants and animals can thrive and biodiversity is restored
  • increase biodiversity, tackle water pollution and work towards carbon neutrality through the implementation of the City Downland Estate Plan

Additional policies/objectives to consider

Additionally, we will consider the:

  • use of the city’s Climate Risk and Vulnerability Assessment and progress on the action plan
  • use of Circular Economy Route Map and Action Plan
  • development of KPIs/decision-making tools to measure success
  • use of market engagement and social value to drive biodiversity enhancements in procurement and from our supply chain as and where possible

Plan/strategy/function: Carbon Neutral 2030

Current contribution to Biodiversity Duty

Carbon Neutral Programme.

The programme has 3 key strands:

  1. Carbon reduction.
  2. Biodiversity.
  3. Adaptation.

Nature and Environment

Consult and approve the City Downland Whole Estate Plan and develop a 10-year action plan.

Food

Review the use of council-owned land to encourage uses that promote biodiversity and mitigate climate change, such as:

  • food growing
  • re-wilding

Build on Brighton & Hove’s Gold Sustainable Food City award with campaigns for:

  • more plant-based diets
  • less single-use plastics
  • tackling food poverty

Green spaces

Invest in the biodiversity of our parks, green and blue networks, development sites and urban fringe.

Encourage and facilitate:

  • tree planting
  • green corridors
  • the restoration of hedgerows and ponds to enhance biodiversity, especially on city-owned assets including:
    • parks
    • planters
    • community gardens
    • housing estates
  • the restoration of the Stanmer Park Masterplan
  • Wilding projects - Changing Chalk
  • Wilding Waterhall
  • Greening the Cities

Beaches

  • maintain the quality of our beaches, and marine conservation
  • maintain Blue Flag status for beaches
  • restore kelp to the coastline

Additional policies/objectives to consider

Additionally, we will:

  • do continued work to deliver the aims and objectives of the programme
  • commission the decarbonisation pathways study and action plan
  • work to understand the links between increasing biodiversity and carbon sequestration, for example in improved soil health

 

Plan/strategy/function:  Local Nature Recovery Strategy (LNRS)

Current contribution to Biodiversity Duty

Supporting Authority for LNRS for East Sussex including Brighton & Hove. This is In progress, with an expected publication date of summer 2025.

Additional policies/objectives to consider

Work with Responsible Authority ESCC and key stakeholders to develop LNRS for East Sussex and Brighton & Hove.

Share/publicise LNRS information and help engage with stakeholders by promoting through social media and communications channels.

 

Plan/strategy/function: development management

Current contribution to Biodiversity Duty

Determination of planning applications following current wildlife legislation and policy  - SPD11 - Biodiversity and Nature Conservation.

City Plan Part 1

City Plan Part 1 – policy CP10 Biodiversity identifies the Nature Improvement Area (NIA) within which a strategic approach to nature conservation enhancement should be taken. 

NIA is mapped on the policies map. NIA does include various sites within urban areas which probably have zero baselines currently – such as strips of tarmac on a roadside but was developed based on increasing connectivity between existing green/nature conservation sites. So, although some of the habitats within the NIA may not be of significance, the location is.

Policy CP16 Open Space seeks to safeguard, improve, expand and promote access to open space. This includes natural/semi-natural open space, as well as other open space typologies.

City Plan Part 2

City Plan Part 2 – policy DM37 identifies the sites of nature conservation value within (or adjacent) to the LPA area, including SAC, SSSIs, LNRs and LWS. Also MCZ. All sites are mapped on the policies map.

DM37 requires development to provide measurable BNG - a minimum 10% BNG brought in for major developments from autumn 2022.

DM37 seeks development to secure long-term management of new or existing habitats as well as secure opportunities to connect habitats to ensure a network of nature recovery.

DM37 requires GI to be safeguarded.

DM43 – Sustainable Drainage policy requires SuDS to be provided with all new development.

Shoreham Harbour Joint Area Action Plan

Shoreham Harbour Joint Area Action Plan – policy SH7 seeks to:

  • deliver biodiversity net gains and a multifunctional green infrastructure network within the Harbour area
  • conserve and protect the area’s environmental assets, wildlife habitats and ecosystem services
  • enhance biodiversity by creating new habitats

East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (2013)

East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (2013). Relevant objectives and policies include:

  • Strategic Objective S07: to dispose of waste on land as a last resort and seek appropriate after-use of land disposal sites to achieve conservation and enhancement of the environment.
  • Policy WMP2 Minerals and waste development affecting the South Downs National Park
  • Policy WMP8a Land disposal of non-inert waste
  • Policy WMP8b Deposit if inert waste on land for beneficial uses
  • Policy WMP17 Restoration of mineral workings and waste sites
  • Policy WMP27 Environmental and Environmental Enhancement
  • Policy WMP28a Flood Risk

The plan is currently under review. Proposed modifications include the replacement of WMP27 with RD1.

The purpose of RD1 is to conserve and enhance the built and natural environment. This includes the requirement to provide measurable biodiversity net gain, as guided by any future LNRS.

Additional policies/objectives to consider

  • ensure relevant developments deliver a minimum 10% BNG
  • use of Supplementary Planning Documents (SPD), Planning Advice Notes and Technical Advice Notes
  • ensure that new biodiversity duties, local mapping and policies, such as those arising from the LNRS, are taken into account in the review of the City Plan Part 1 during 2024 and the following years
  • ensure any proposed minerals and waste development meets RD1 (delivering BNG and contributing to the delivery of the LNRS)

 

Plan/strategy/function: species conservation strategies

Current contribution to Biodiversity Duty

Brighton & Hove City Council holds a District Licence for great crested newts, administered on our behalf by NatureSpace.

The scheme provides for investment in the creation and long-term management of new and restored aquatic and terrestrial habitats for the species where healthy populations are present.

Additional policies/objectives to consider

Continue to work with NatureSpace, as relevant, to target the delivery of new habitats in the most appropriate locations for the species.

 

Plan/strategy/function: other strategies

Current contribution to Biodiversity Duty

Other Brighton & Hove City Council strategies which could impact biodiversity, either positively or negatively include:

  • Local Transport Plan
  • Economic Strategy
  • Open Spaces Strategy
  • Events Strategy
  • Brighton and Hove Food Strategy
  • Public Health Strategy
  • Tree/Woodland Strategy

Additional policies/objectives to consider

Review all Brighton & Hove City Council strategies and plans to:

  • ensure they take full account of the biodiversity duty
  • identify opportunities to deliver elements of the LNRS/recovering nature as and where possible

 

Plan/strategy/function: educate, advise and raise awareness

Current contribution to Biodiversity Duty

Brighton & Hove City Council webpages have up-to-date information on:

We have a climate action hub detailing what is being done locally to reduce the impacts of the climate and biodiversity emergency.

Biodiversity campaigns have included a plant blindness campaign celebrating local species during the months they can be found across the city.

The Living Coast UNESCO Biosphere Brighton & Hove City Council lead partners have created a Biosphere Management Plan.

Our City Our World

Our City Our World Strategy.

This is a school/education programme (Family Children and Learning FCL Department). The programme promotes:

"Learning from and connecting with nature. Early contact with nature plays an important role in developing pro-environmental values and behaviours.

Time in nature is not just leisure time, it’s an essential investment in our children’s health, well-being and education. However, there is growing evidence that children are increasingly disconnected from the natural world.

Without direct experiences in nature, research findings suggest that children are missing opportunities to enhance their health and well-being, and to develop responsible long-term environmental behaviour.

Connection with nature and outdoor learning needs to be at the heart of the curriculum. Schools should therefore be aware of the potential for this in their grounds, in the very local environment (walkable from their school) and within the city, including the beach and the South Downs."

Additional policies/objectives to consider

  • keep biodiversity webpages and climate hub current and up-to-date
  • continue to work on biodiversity-focused communications campaigns
  • continue to support Biosphere objectives as the lead partner – notably re-designation
  • continue to actively support and align with the Our City Our World education programme

 

Plan/strategy/function: local wildlife sites

Current contribution to Biodiversity Duty

Brighton & Hove City Council is a partner in the Sussex Local Wildlife Site (LWS) Initiative (SxLWSI). There are 88 registered LWS in Brighton & Hove City Council of which c.43% are known to be in positive conservation management.

Additional policies/objectives to consider

  • continue to support the SxLWSI to ensure the suite of LWS is reviewed to give a robust evidence base for protection through the planning system
  • work with the SxLWSI to develop a system for exploring the designation of new LWS, potentially identified through the LNRS process
  • look at internal systems (Rangers teams and similar) and community groups/volunteer options to manage more LWS sites in positive conservation management

 

Plan/strategy/function: flood risk management and coastal erosion

Current contribution to Biodiversity Duty

Webpages have information on protecting our coast from flooding and coastal erosion (brighton-hove.gov.uk).

Local Flood Risk Management Strategy & Surface Water Management Plan

A new plan is being drafted (December 2023) and includes an objective for being ‘Climate Change Responsive’, using nature-based solutions and ‘promotes the use of Sustainable Drainage Systems (SuDS) in new developments which aim to:

  • a) control quantity and rate of surface water run-off from a development
  • b) improve the water quality of surface run-off
  • c) improve the biodiversity, landscape character and visual amenity value of the development site

The Brighton Marina to River Adur Flood and Coastal Erosion Risk Management Strategy.

SPD16 - Sustainable Drainage Systems Supplementary Planning Document.

The Aquifer Partnership (TAP) BHCC is one of the 4 partners of ‘TAP’ together with EA, Southern Water and SDNPA. Together they are:

  • educating and raising awareness
  • protecting groundwater in Brighton & Hove City Council
  • implementing nature-based SUDS solutions in the city, including at Wild Park Local Nature Reserve with National Highways funding
  • rolling out SUDS in schools programmes

Additional policies/objectives to consider

  • review management strategies and SuDS standing advice to preserve geological/ecological diversity
  • work with EA and others to understand where nature-based solutions and adaptation for flood risk and coastal erosion management could be implemented
  • review webpages noting key ecological features such as coastal vegetated shingle habitats, and designated sites such as LWS, and SSSI
  • continue to support TAP

 

Plan/strategy/function: estate land management

Current contribution to Biodiversity Duty

Brighton & Hove City Council's property and land portfolio includes:

  • council offices and town halls
  • commercial properties and farmlands
  • council-owned buildings, such as schools and leisure centres
  • parks and cemeteries

Brighton & Hove City Council has approximately 147 parks including:

  • heritage parks
  • playing fields and green spaces
  • more than 3,000 allotments
  • 50 playgrounds
  • a section of the South Downs National Park

Brighton & Hove City Council’s rural estate consists of approximately 13,000 acres of land. Most fall within SDNP (c. 94%).

There is a plan set out to protect and enhance the land for future generations. This plan includes:

  • reducing the amount of carbon in the atmosphere and storing it
  • enhancing wildlife and their natural habitats
  • improving health and well-being, by providing public access to nature
  • providing an affordable and sustainable local food supply, through farmers, producers and community food-growing

Additional policies/objectives to consider

  • continue to conserve and enhance habitats on our land and encourage wildlife to thrive within all open spaces including parks and gardens
  • bring wildlife sites into management and manage rights of way to maximise their biodiversity interest and to support access to the countryside
  • continue to actively progress and implement the City Downland Estate plan actions and objectives
  • consider where properties/land/estate can be enhanced/managed for biodiversity
  • use learning and showcase successes from Wilding Waterhall and other initiatives across the city where possible

Plan/strategy/function: Brighton & Hove Local Biodiversity Action Plan 

Current contribution to Biodiversity Duty

The Brighton & Hove Local Biodiversity Action Plan.

The Brighton & Hove Local Biodiversity Action Plan was adopted in February 2012. The plan identifies species and habitats of importance. No habitats are mapped. No spatial element.

Additional policies/objectives to consider

Explore updating the plan in line with LNRS evidence and baseline.

 

Plan/strategy/function: internal staff policies

Current contribution to Biodiversity Duty

The e-learning course Climate Change which includes information on biodiversity was made mandatory for all staff in 2022. All new staff are asked to complete the training as part of their induction process.

Additional policies/objectives to consider

  • review to identify those that are relevant
  • investigate biodiversity staff training

Biodiversity Duty Report

We have recently published our full Biodiversity Duty Report.

Read the Biodiversity Duty Report