Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, for what reason he plans that the public consultation on the definition of irreplaceable habitats and principles for compensation for use in the Biodiversity Net Gain system due to come into force from January 2024 will be launched in the second half of 2024.

Biodiversity net gain will become mandatory for most major new development from January 2024, for small sites from April 2024 and for Nationally Significant Infrastructure Projects from 2025. When mandatory biodiversity net gain comes into force, the list of irreplaceable habitat for biodiversity net gain purposes will broadly mirror the existing list within planning policy.

The consultation will launch in the second half of 2024 to allow stakeholders time to adapt to the new mandatory requirement and evidence to be gathered from the early phase of implementation, as well as to allow Defra time to consider the impact of any new list or definition on wider planning policy.

We have published the draft secondary regulations on irreplaceable habitat.