We advise on the best delivery structure for the physical habitat works and long-term management. Where resource is not available in-house, we would work with you to advise on and develop terms for a suitable tenancy agreement or a partnership with a conservation organisation or other appropriate delivery body.
Where relevant, we work with tax advisers to consider a scheme delivery structure that optimises the availability of capital tax reliefs on the land and minimises the tax burden on BNG revenues. We advise on the implications of the delivery structure on the commitment to the Local Planning Authority (LPA) or responsible body and the terms of the leasehold interest granted by the freeholder to the corporate.
To secure a site for the purpose of BNG, a legal agreement is required between the landowner and LPA or responsible body. This is usually in the form of a s106 agreement, though in due course Conservation Covenants may become more common. We work with landowners and their solicitors to agree terms with the LPA/ responsible body to commit sites as habitat banks.
The legal agreement is critical to scheme delivery and our unparalleled experience in developing such agreements for the purpose of BNG makes us well placed to advise on the pitfalls and measures to manage risk, liability and reporting commitments.
