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Consideration was given to recommendation HP 23/27 of the
Housing and Planning Scrutiny Select Committee of 26 September
2023.
 
Cabinet had due regard to the legal implications, financial and
value for money considerations and noted that not having an adopted
local approach to Biodiversity Net Gain (BNG) could mean a higher
risk that offsite measures associated with development within
Tonbridge and Malling could be delivered outside of the
Borough.  It was also noted that delays
to the publication of secondary legislation and remaining
Government guidance presented a risk as the Protocol needed to be
prepared in the absence of all necessary information and might need
to be updated accordingly.
 
Following consideration of the Protocol by the Housing and
Planning Scrutiny Select Committee on 26 September 2023, a delay to
the publication of the guidance was announced by the
Government.  However, approval of the
Protocol remained to be sought so that it could be introduced in
line with any revised timetable as soon as the guidance is
issued.
 
RESOLVED:   That
 
(1)         
the Biodiversity Net Gain Protocol (attached at
Annex 1) be approved for decision making purposes and be introduced
in line with any revised timetable as soon as the guidance is
issued by the Government; and
 
(2)         
authority be delegated to the Director of Planning,
Housing and Environmental Health, in consultation with the Cabinet
Member for Planning, to make any minor amendments or updates to the
Protocol in response to updates from Government.