HMAs and HMMPs… Huh..?

Biodiversity net gain (BNG) is a way of creating and improving natural habitats by ensuring that development has a measurably positive impact on biodiversity (‘net gain’). The improvement in the natural habitat is compared to what was there before development.  

Developers must deliver 10% BNG and if they cannot achieve such BNG on their own sites, they will be required to make off-site gains by using off-site biodiversity units. Off-site means outside of the boundary of the curtilage of the development that is subject to the relevant planning permission.  

You can sell biodiversity units on your own land and/ or on a landowner’s land with their permission. If you do intend to sell biodiversity units, you will be responsible for the creation and management of the habitat for at least 30 years to achieve the target condition. Habitat Management Agreements (HMAs) and Habitat Management and Monitoring Plans (HMMPs) play a crucial role in such habitat management and creation.

A HMA is a legal agreement which sets out the roles and responsibilities of those creating or enhancing habitats, as well as for the ongoing maintenance, management, and monitoring of the habitats.  You will need to agree who is responsible for:

• the habitat creation and enhancement;  
• the habitat management; and
• the monitoring of the habitats.

In addition to the HMA, the HMMP provides the specific information in relation to the management of the habitat. The HMMP can form part of the HMA or it can be an ancillary agreement. The key elements of the HMMP are:

• Summary of Habitat Proposal: a high-level summary, and plan or map, of the habitats to be created and managed;
• Land Use Summary: current site use and summary of habitats present; overview of proposed land use;
• Management Plan aims and objectives: How a landowner or habitat ‘creator’ plans to manage off-site gains or significant on-site enhancements;
• Monitoring Strategy: Details of methods that will be used to compare baseline to subsequent enhancement and creation;
• Monitoring Methods: Details of the methods to be used to monitor the progress of habitats and ensure the targets are being met.
• Review and Adaptation: When and how the management proposals will be updated and adjusted strategies to meet habitat or broader outcomes.

The process for agreeing to an HMMP will vary depending on whether you are delivering off-site or on-site gains.

If you’re delivering off-site gains, your HMMP will need to be agreed with either the local planning authority if you’re entering into a section 106 agreement or the responsible body if you’re securing gains with a conservation covenant.

If you’re making significant on-site enhancements, you will need to describe how you’ll maintain and monitor the habitat enhancement. You will therefore submit a HMMP with your biodiversity gain plan and you should also submit a draft HMMP with your planning application.

Both the HMMP and the Habitat Management are key documents in the creation of biodiversity units and must be carefully drafted as they will bind the parties for at least 30 years.  If you require assistance, in entering into a HMA, please contact one of our lawyers to discuss.