FOI request (FOIR-630687020)

Environment Act Biodiversity Duty

Requested Mon 15 July 2024
Responded Tue 10 September 2024

I would like to make a Freedom of Information request to the council with respect to the implementation of the 'biodiversity duty' of the 2021 Environment Act.

The duty requires public authorities to undertake a first consideration by 1st January 2024. Did the council produce its own first consideration report or document by that date? If so, I would like to make a request for any such report or document. How many meetings did council officials and elected politicians undertake with respect to the first consideration?

The duty asks that public authorities 'must agree...policies and objectives as soon as possible after [January 1 2024]'. I would like to request information about how many meetings have been undertaken by council officials and ministers to that end in addition to individual summaries of those meetings. Has the council agreed policies and objectives related to the duty? If so, I would like to request a summary of those policies.

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Response

Please accept my apologies for the delay in responding.

Hastings Borough Council holds no information on 'a first consideration'. A Local Plan policy regarding biodiversity net gain is in production, but it has not yet been agreed by the Council. So it cannot be shared at this time.

https://www.hastings.gov.uk/content/my_council/decisions_how/policies_strategies/pdfs/Climate_Change_Strategy_March_2022.pdf

This climate change strategy from Cabinet in March 2022 (https://hastings.moderngov.co.uk/ieListDocuments.aspx?CId=130&MId=4482&Ver=4) references this obligation in 5.4, '5.4 The Environment Act 2021 recognises the negative impact that climate change is having on biodiversity and the benefits that the natural environment can provide in mitigating overheating and flooding. The Act also contains powers to overhaul how we manage waste, with a focus on treating waste as a resource and creating a circular economy, as well as policies about air quality and water resources.'

There was also a Climate Change Strategy and Action Plan Refresh at the Cabinet in October 2022 (https://hastings.moderngov.co.uk/ieListDocuments.aspx?CId=130&MId=4771&Ver=4) in which the theme of 'Biodiversity, green infrastructure and nature recovery' form part of the strategic themes. 'Theme 6 Biodiversity, green infrastructure and nature recovery 22. Develop an in house grounds maintenance service and new service specification to manage the towns parks and open spaces 23. Increase wildflower and pollinator planting where suitable providing habits for insects'.