Biodiversity can be defined as the variety of life on earth, including all living organisms, their genetic diversity, and the ecosystems they inhabit. In other words, biodiversity is the part of nature that is alive; it includes all species of animals, plants, fungi, and microorganisms like bacteria that make up our natural world.
Section 40 of the Natural Environment and Rural Communities Act 2006 or the ‘Biodiversity Duty’ states that: “Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity”.
As public authorities, town and parish councils must also comply with the Biodiversity Duty and must start thinking about the best ways to do it. The actions town and parish councils take for biodiversity will contribute to the achievement of national goals and targets on nature recovery; by improving the natural environment, town and parish councils can help to conserve biodiversity and improve the sustainability and quality of life of residents and communities.
Requirements of the Biodiversity Duty
Public authorities must:
- From time to time, consider what they can do to conserve and enhance biodiversity.
- Agree policies and specific objectives based on their consideration.
- Act to deliver the policies and achieve these objectives.
Following first consideration by 1st January 2024, town and parish councils must reconsider actions they are taking at least every five years.
Impact on parish councils
The duty requires town and parish councils to agree specific policies and objectives to conserve and enhance biodiversity. There is no statutory requirement for parish and town councils to publish reports on their progress against their agreed objectives, however it’s good practice to document and record your consideration of the biodiversity duty and the objectives and actions to be taken. This could then inform a biodiversity policy document or update residents about the work that is taking place for nature in their local area. Documenting your objectives and actions has the added benefit of showing that the council is complying with the Biodiversity Duty and it will make reviewing your actions easier in the future.
If the town or parish council already has a document that sets out its climate change, environmental or biodiversity aims, then another document might not be needed. However, the Biodiversity Duty could present a good opportunity to update existing plans or policies.
Benefits of the Biodiversity Duty
The Biodiversity Duty is a positive opportunity to evaluate and rethink how we work and manage land across Westmorland and Furness. By supporting and enhancing the natural environment, town and parish councils, and the communities they serve, can not only help conserve biodiversity but also improve long-term sustainability and overall quality of life.
Carrying out your biodiversity duty also demonstrates your commitment to nature recovery and showcases the essential role that town and parish councils play in delivering environmental improvements. Embracing this duty places town and parish councils at the heart of wider local and national efforts to restore and protect our natural world.
Suggested actions
Every town and parish council is different so there is no set list of actions that you have to take. However, the Cumbria Local Nature Recovery Strategy (LNRS) offers ideas that you could take for nature within your local area. The ‘Nature Recovery for Town and Parish Councils’ guide offers an excellent starting point for considering actions that could be taken in your local area.
Below are some suggestions you may wish to include into your policies and objectives as part of your biodiversity duty:
- Carry out an audit or survey of key species and/or habitats in the parish. This could be presented in a Parish Map or a Biodiversity Action Plan and used for planning activities.
- Include biodiversity in your responses when you are commenting on planning applications.
- Consider biodiversity when managing your land and buildings. Areas to consider might include mowing (timing and frequency), planting wildflowers or other pollinator-friendly perennials, tree and hedgerow creation, installing bird and bat boxes, or limiting the use of herbicides and pesticides.
- Include nature and biodiversity in Parish Plans and/or Neighbourhood Plans.
- Consider biodiversity needs if you are creating any bylaws.
- Consider how you can promote biodiversity in any community engagement you carry out.
Legislation and guidance