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Environment, habitats and biodiversity

Expert legal advice on environmental matters that are needed when considering development and planning applications including Biodiversity Net Gain, environmental impact assessments and habitats regulation assessments.

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Overview Services Our team Our work What others say Insights

The introduction of the mandatory Biodiversity Net Gain (BNG) requirement represents a significant change to the planning system.

The rules can be complex in practice, and care is needed to navigate them successfully. The new BNG framework also creates opportunities for landowners to realise value from land and promote environmental objectives.

We have been advising clients on the evolution of the new rules and their implementation, and we already have considerable experience advising developers, strategic landowners and local authorities.

Our lawyers have worked with clients to secure consent for complex projects which meet BNG requirements. We work in collaboration with our environment and property teams to provide wholistic legal advice for clients acting in this area.

The need for Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA) can have a significant impact on development proposals. Our planning lawyers have extensive experience of EIA and HRA, including Appropriate Assessment and derogation, and understand how these can influence consenting strategy, timescales and cost for a project.

Our lawyers regularly advise on EIA and HRA issues including the need for and scope of assessments and application of the regulations.

Our planning lawyers strive to achieve effective outcomes for projects that require EIA and HRA, assisting with negotiations and discussions with regulators and other stakeholders.

We also advise on securing environmental mitigation through conditions, requirements and planning agreements.

We regularly undertake legal reviews of both EIAs and HRAs for development proposals, particularly in the context of infrastructure and energy developments.

Services

Our Biodiversity net gain and habitat banks expertise covers the following areas:

  • Consenting strategy: Advising on consenting strategy to ensure alignment with the BNG framework.
  • Drafting and negotiating conservation covenants: Drafting and negotiating conservation covenants and planning obligations to secure the delivery of BNG.
  • Land use advice: Advising on the effective use of land for habitat banks.
  • BNG advice: Advising on the approach to BNG in the context of compulsory purchase.

Our Environmental Impact Assessment and Habitats Regulations Assessment expertise includes the following:

  • Legal requirements advice: Advising on legal requirements and process.
  • Reviewing EIAs and HRAs: Reviewing EIAs and HRAs for development proposals.
  • Legal challenges advice: Advising on legal challenges to projects involving EIA and HRA.
  • Compensation measures advice: Advising on derogation and the provision of compensation measures under the Habitats Regulations.
  • ‘Scope 3’ downstream emissions advice: Advising on the treatment of ‘scope 3’ downstream emissions by the planning regime in the context of recent caselaw.

Our team

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Examples of our work

Numerous nationally significant infrastructure projects

Advising on EIA and HRA issues for a number NSIPs, including the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm, Awel y Mor Offshore Wind Farm the Triton Knoll Electrical System works.

Major transport schemes

Advising on EIA and HRA issues for a number of new major transport schemes, including the A417 Missing Link DCO for National Highways and the Banwell Bypass for North Somerset Council.

EIA reviews

Advising on numerous development proposals including onshore wind farm applications with complex landscape, visual and noise assessments; major infrastructure projects including South Bristol Link Road and mixed-use regeneration projects such as the new community at Brabazon.

Nutrient neutrality provider

Advising a nutrient neutrality provider on their nutrient mitigation scheme, including drafting and negotiating planning agreements, planning strategy generally and negotiating agreements for the sale of credits.

Drafted, negotiated and completed legal agreements to secure BNG to enable the delivery of 450 dwellings in a sustainable location in Oxfordshire (approved on appeal).

Institutional and strategic landowners

Advising institutional and strategic landowners on developing a strategy for delivering BNG on a wide scale for multiple developments across their portfolios.

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What others say

“They are a very compact, efficient, and experienced team. They have the ability to explain legal matters to non-legal client staff, and they have a very good understanding of the commercial and technical implications and interfaces.”

Legal 500 UK 2025

“Burges Salmon always present well-considered, well-reasoned and thorough analysis.”

Chambers UK 2025

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Insights

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