LAW
GOING GREEN
Greenery : Bushes and trees can enhance commercial property .
Commercial property , green space and The Queen ’ s Green Canopy
From individual landowners to corporate developers , everyone is being encouraged to play their part in enhancing our environment by planting trees for The Queen ’ s Green Canopy , to mark Her Majesty ’ s Platinum Jubilee in 2022 .
Investors and developers who understand the need for green space around their buildings are finding they have a commercial advantage .
“ The green credentials of commercial property go beyond the energy efficiency of buildings ,” says Ian Cowan , solicitor in the commercial property team with Richard Reed Solicitors . “ Trees and green space are set to have higher priority in planning decisions , as well as in the way people feel about the places where they live , work and shop .”
Biodiversity net gain The Environment Act 2021 introduces a new requirement for biodiversity net gain on many new developments . A completed development will be expected to achieve a net gain in biodiversity , compared with the site before the development took place . This will be part of planning policy from 2023 , so local authorities will be looking at the expected gain in biodiversity when making decisions on planning applications .
The impact of this requirement will be different for greenfield sites than for previously built on ( brownfield ) sites . Developers should start considering their portfolios now and consider getting expert advice on how best to address the issue of biodiversity net gain .
Tree planting The current proposed target is to increase tree canopy and woodland cover from 14.5
Advice : Ian Cowan of Richard Reed Solicitors .
per cent to 17.5 per cent of the area of England by 2050 . There are some highprofile campaigns already underway , including The Queen ’ s Green Canopy . This is supporting tree planting on a small scale , as well as landowners who can create larger areas of new woodland .
A well thought out development , or a reworking of existing space , will demonstrate care for the environment and biodiversity . The benefits will go beyond simply meeting planning requirements and could enhance your reputation as a developer or investor .
How we can help
Whether you need advice on energy efficiency , biodiversity net gain or the practicalities of creating and maintaining green space , our solicitors are here to help you make the most of your commercial property investments .
For further information , please contact Ian Cowan in the commercial property team on 0191 567 0465 or email info @ richardreed . co . uk
Conservation covenants One of the ways the Environment Act 2021 aims to secure long-term benefits is through conservation covenants , which will allow commitments on conservation to be enforced in the long term . A conservation covenant is a commitment by a landowner to a public body or conservation organisation to do something ( or not to do something ) on their land , for a conservation purpose for the public good . Conservation covenants will be registered against the land and will bind future owners . They have the potential to be very flexible , with landowners free to negotiate the precise terms of the covenant , including how long it will last . The relevant rules will come into force on September 30 , 2022 .
Look after what you have already As a final note of caution , do not forget any trees already on your commercial property sites . They should be checked regularly to make sure they do not present any health and safety risks . Bear in mind that existing trees may be covered by tree preservation orders which means that even pruning will require consent from the local authority .
In recent years , the courts have taken a dim view of landowners who deliberately damage protected trees .
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