Environment and Sustainability
Committee
Thursday 18th
September 2025
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Title
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Biodiversity Duty Report
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Purpose of the report
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To make a decision
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Report Author
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Anna Fjortoft – Biodiversity Officer
(Neighbourhood Services)
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Ward(s) Affected
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All Wards
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Exempt
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No
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Exemption Reason
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N/A
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N/A
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Corporate Priority
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Environment
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Recommendations
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Committee is asked to:
1.
Approve the Biodiversity Duty report and action
plan.
2.
Agree for the Biodiversity Officer to regularly update the
Climate and Nature Working Group on progress relating to
Biodiversity Duty.
3.
Approve delegated authority to the Group Head of
Neighborhood Services to publish a progress report by March 2026 in
consultation with the Chair of the Environment and Sustainability
Committee.
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Reason for Recommendation
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Committee is being asked to take this decision
because the Council has a statutory responsibility to comply with
Biodiversity Duty. This Duty was strengthened by the Environment
Act 2021 and requires the Council to agree objectives and specific
actions in order to conserve and enhance biodiversity.
Additionally, it requires the Council to publish updates on
progress at least every 5 years.
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1.
Executive summary of the report
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What is the situation
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Why we want to do
something
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•
Biodiversity Duty is a statutory responsibility
which requires public authorities to:
•
Consider what they can do to conserve and enhance
biodiversity.
•
Agree policies and specific objectives based on
your consideration.
•
Act to deliver your policies and achieve your
objectives.
•
Public authorities are required to complete their first consideration of what action
to take for biodiversity by 1 January 2024 and agree their policies
and objectives as soon as possible after this.
•
Local planning authorities must write and publish
a biodiversity report. For local authorities and local planning
authorities, the end date of their first reporting period should be
no later than 1 January 2026.
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•
The Council is legally required under the Environment Act
2021 and earlier legislation to conserve and enhance biodiversity,
and failure to do so carries legal and reputational
risks.
•
Taking action on biodiversity will support flood and
climate resilience, improve green spaces, and promote community
health and wellbeing.
•
Strong compliance strengthens funding opportunities, builds
local partnerships, and demonstrates civic leadership.
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This is what we want to do
about it
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These are the next
steps
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•
Approve the Biodiversity Duty Report to conserve
and enhance biodiversity in the borough.
•
Grant delegated authority to the Group Head for
Neighbourhood Services to publish an update report in consultation
with the chair of the Environment and Sustainability
Committee.
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•
Approve the Biodiversity Duty Report.
•
Deliver the agreed objectives and actions.
•
To publish a report on the progress of the objectives and
actions as required between January-March 2026.
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2.
Key issues
2.1
Statutory Biodiversity Duty was introduced by the
Natural Environment and Rural Communities (NERC) Act
2006.
2.2
The Environment Act 2021 strengthened this duty
and requires all public authorities to:
·
Consider what they can do to conserve and enhance
biodiversity.
·
Agree policies and specific objectives based on
your consideration.
·
Act to deliver your policies and achieve your
objectives.
2.3
Public authorities were required to complete their first consideration of what actions
to take for biodiversity by 1st January 2024 and agree
their policies and objectives as soon as possible after
this.
2.4
The Council did not meet this deadline. This was
also the case for the majority of Local Authorities across
England.
2.5
Local planning authorities must also write and
publish a biodiversity report at a minimum of every five years. For
local authorities and local planning authorities, the end date of
the first reporting period should be no later than 1st
January 2026.
2.6
Government guidance states that public authorities
can use existing strategies to monitor their environmental
performance, or they can produce a new document if they do not have
a suitable strategy.
2.7
In this report, public authorities should record
the actions they plan to take to meet their biodiversity
objectives.
2.8
Public authorities should consider:
•
How the local nature recovery strategy, species
conservation strategies and protected site strategies affect how
their organisation complies with the biodiversity duty
•
How their biodiversity duty helps achieve national
biodiversity goals and targets
•
How land can be managed to improve
biodiversity
•
How to educate, advise and raise awareness of
biodiversity loss
•
Review of internal policies and processes e.g.
transport, waste, water, procurement and light
•
How to prepare for biodiversity net
gain
2.9
The Report which can be found in Appendix A
includes a number of sections including:
•
An introduction to Biodiversity Duty
•
Existing council actions, strategies and policies
that relate to Biodiversity Duty
•
Service agreed objectives and actions to improve
biodiversity
2.10
The Biodiversity
Duty Report sets out new objectives and actions to strengthen
biodiversity delivery across Spelthorne. These include:
2.11
Land
management: improving tree management
through a new digital monitoring system, adopting a strategic
approach to planting that maximises biodiversity and climate
benefits, and exploring opportunities to designate additional sites
as Local Nature Reserves or Local Wildlife Sites.
2.12
Community
engagement: promoting biodiversity-friendly
practices with allotment tenants and other Council land tenants,
developing community led planting initiatives at day centres, and
expanding volunteering opportunities for residents, schools, youth
groups, local businesses, and council staff.
2.13
Education and
awareness: delivering structured
biodiversity communications across Council channels, promoting
nature-related leisure activities, and encouraging responsible pest
management by residents.
2.14
Governance and
leadership:strengthening political
commitment by embedding biodiversity within climate governance
structures and considering a declaration of an ecological
emergency.
2.15
National
targets: supporting the Environmental
Improvement Plan 2023, including maintaining and enhancing Sites of
Special Scientific Interest and preparing for Biodiversity Net Gain
(BNG). This includes establishing reporting mechanisms, installing
software to monitor BNG applications, and exploring the creation of
local habitat banks.
2.16
Together, these
actions provide a comprehensive framework for how the Council will
conserve and enhance biodiversity, embed nature into
decision-making, and align local delivery with national
commitments.
3.
Options appraisal and
proposal
3.1
This
section sets out the options available to the committee for meeting
the Council’s obligations under the Biodiversity Duty. Each
option has been assessed against the statutory requirements, the
time available for delivery, the resources needed, and the level of
stakeholder support. The aim is to ensure that the chosen approach
enables timely compliance with the law while delivering meaningful
action to conserve and enhance biodiversity across the
borough.
3.2
Option 1: Approve the Biodiversity Duty Report (Preferred
Option)
3.3
Adopting the objectives as it stands would meet the
Council’s statutory duties under the Environment Act 2021.
The draft has already been shaped through engagement across Council
services, which means the objectives are realistic and supported by
those who will deliver them.
3.4
Pros
• Meets legal requirements and avoids the risk of
non-compliance
• Builds on existing input from services, increasing chances
of successful delivery
• Provides a clear framework for biodiversity action in the
borough
• Enables timely delivery within the current reporting
period
• Shows leadership in environmental protection and climate
resilience
3.5
Cons
• Commits the Council to objectives that
will require continued allocation of staff and
resources
• Some
actions could still face delivery challenges because of capacity
constraints
3.6
Risks and
mitigation
Delays to reporting are a risk, but these can be reduced by making
sure stakeholders know the timetable and by focusing on actions
that are achievable in the time available. Under-delivery can be
avoided by setting SMART objectives based on realistic
workloads.
3.7
Option 2: Approve the Objectives with Amendments
This would mean adopting the
objectives but making targeted changes to objectives, timelines or
priorities before implementation.
3.8
Pros
• Allows adjustments to
reflect feedback or changes in circumstances
• May improve confidence among stakeholders if changes address
concerns
3.9
Cons
• Would delay adoption and shorten the time available for
delivery
• Could create scope creep and reduce clarity if too many
changes are made
• May require further consultation with services, adding to
the workload
3.10
Risks and
mitigation
Tighter timeframes can be managed by keeping changes to a minimum
and maintaining open communication with stakeholders.
3.11
Option 3: Do Not Approve the Objectives
This would mean rejecting or
deferring the objectives until a future date.
3.12
Pros
• Gives more time for
refinement and consultation
3.13
Cons
• Would put the Council in breach of
statutory requirements
• Risks
reputational damage from perceived inaction on
biodiversity
• Would
drastically shorten the time available for the first reporting
period
• Could
lead to rushed or lower quality outputs later on
3.14
Risks and
mitigation
This is not realistically viable given legislative obligations. The
risks significantly outweigh any potential benefits.
4.
Risk implications
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Risk
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Explanation and
mitigation
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Reporting cannot be completed on time
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Explanation: There will only be one month to carry
out reporting in the first period. Actions have been limited to
what is realistically achievable. Stakeholder engagement has
already been carried out.
Mitigation: Ensure stakeholders are fully briefed
on the timetable and reporting requirements so they can provide the
necessary information promptly.
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The draft biodiversity duty objectives are not
approved by the Committee in September and is reconsidered at
November Committee meeting.
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Explanation: If approval is delayed to November,
there will only be one month to deliver actions before the first
reporting period.
Mitigation: Carry out thorough consultation with
services in advance to agree on SMART objectives and actions that
are realistic and have cross-departmental support.
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The Council does not deliver the objectives and
actions.
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Explanation: Limited resources may prevent
officers and services from delivering the agreed
objectives.
Mitigation: Set SMART objectives that reflect
existing capacity, and review workloads to prioritise statutory
biodiversity requirements.
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Officer Resourcing
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Explanation: Biodiversity is cross-cutting, but
there may be insufficient dedicated officer capacity or
expertise.
Mitigation: Identify a lead officer, provide
training where necessary, and explore shared resourcing or
partnerships with Surrey County Council, neighbouring boroughs, and
NGOs.
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Monitoring & Reporting
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Explanation: Lack of baseline data and systems may
make it difficult to track progress or demonstrate
compliance.
Mitigation: Establish baseline biodiversity data
early, agree clear indicators, and embed monitoring within existing
corporate reporting cycles.
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Conflicting corporate priorities
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Explanation: Pressures around housing,
infrastructure, or regeneration could overshadow biodiversity
actions.
Mitigation: Embed biodiversity duty into corporate
strategies and planning policies so it is considered as part of
decision-making rather than in competition.
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Reputational damage
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Explanation: Failure to deliver visible
improvements may lead to criticism from residents, media, or
NGOs.
Mitigation: Publicise progress regularly,
celebrate quick wins, and communicate long-term plans to manage
expectations.
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Local government reorganisation (LGR)
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Explanation: Progression of actions or reporting
may be delayed or deprioritised during the reorganization process
and the new unitary authority may inherit multiple biodiversity
reports and action plans from the former boroughs and districts
which may not align with another.
Mitigation: Publishing a biodiversity duty report
by 2026 is a statutory requirement, and this obligation will
transfer to the new unitary authority. The current report will
remain valid until it is formally updated by the successor
authority. Many of the actions identified are expected to be
deliverable by the end of 2026 and are therefore unlikely to be
significantly disrupted by LGR.
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5.
Financial implications
5.1
The delivery of the biodiversity duty report is
being undertaken within existing officer resources. No new budget
allocations are required at this stage, and actions have been
designed to align with current work programmes across services
(e.g. planning, environmental health, parks, and
policy).
5.2
The key financial headlines are:
·
No additional spend: All
actions for the first reporting period are being delivered under
existing budgets.
·
Officer time only:Delivery
will rely on staff capacity across multiple services. This has been
reflected in the design of SMART objectives, ensuring they are
achievable within workloads.
·
Future opportunities: While
no new expenditure is planned, compliance with the biodiversity
duty may strengthen the Council’s position for future
external funding bids (e.g. DEFRA, Environment Agency, developer
Biodiversity Net Gain contributions).
·
Low financial risk: The
main risk relates to officer capacity and competing priorities,
rather than direct cost pressures.
6.
Legal comments
6.1
Local authorities have a legal obligation under
the Environment Act 2021 to conserve and enhance biodiversity. The
legislation requires the government to implement legally –
binding environmental targets.
Corporate implications
7.
S151 Officercomments
7.1
The S151 Officer notes that the proposed option
can be resourced within existing staff offices and therefore there
are not significant financial issues.
8.
Monitoring Officer comments
8.1
The Monitoring Officer confirms that the relevant
legal implications have been taken into account.
9.
Procurement comments
9.1
There are no procurement implications arising
directly from this report.
10.
Equality and Diversity
10.1
The biodiversity
duty objectives are expected to have a positive impact by improving
access to green spaces, supporting health and wellbeing (especially
for vulnerable groups), and creating opportunities for community
involvement.
10.2
Risks include
reduced accessibility if naturalised areas are not designed
inclusively, and underrepresentation of some groups in engagement
activities.
10.3
Mitigation measures
will ensure open spaces remain accessible, consultation is
inclusive and targeted where needed, and communication is clear and
available in alternative formats.
11.
Sustainability/Climate Change Implications
11.1
The biodiversity
duty objectives directly support Spelthorne’s Climate Change
Strategy (2022–2030) and the Climate Change Supplementary
Planning Document (SPD). Both highlight the importance of green
infrastructure and biodiversity in tackling the borough’s
climate emergency. By conserving and enhancing habitats, the
strategy strengthens natural carbon sinks such as woodlands,
wetlands, and grasslands.
11.2
Biodiversity
measures also act as nature-based solutions to climate risks.
Naturalised landscapes provide shade and cooling during heatwaves,
while wetlands and permeable green spaces reduce surface water
flooding, issues of particular importance given Spelthorne’s
location within the Thames floodplain. These actions reinforce the
SPD’s guidance on using green infrastructure in planning to
improve resilience.
11.3
In addition to
environmental benefits, the strategy delivers social co-benefits
identified in the Climate Change Strategy, including improved air
quality, health and wellbeing, and access to nature for residents.
By embedding biodiversity into planning and service delivery, the
Council ensures climate action is felt at a local and community
level.
11.4
Overall, the
biodiversity duty objectives are fully aligned with
Spelthorne’s climate objectives, complementing the
Council’s mitigation and adaptation efforts. It represents a
low-cost, resource-efficient way of advancing the Climate Change
Strategy while helping the borough adapt to increasing pressures
from flooding, extreme heat, and ecological decline.
12.
Other considerations
12.1
There is no legal requirement to do
a public consultation for this report and due to the timelines for
delivering this piece of work it did not feel
appropriate.
12.2
All relevant internal stakeholders
have been consulted throughout the process to identify existing
strategies, actions and policies as well as developing the
objectives and resulting actions.
12.3
All effected internal stakeholders
have preliminarily agreed to resource and deliver the biodiversity
duty actions.
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Approval of Biodiversity Duty Report
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18th September 2025
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First phase of delivery of objectives &
actions
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19th September –
28th November 2025
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First reporting period
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1st December – 22nd
December 2025
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Development and publication of first progress
report
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1st January– 31st
March 2026
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13.
Timetable for implementation
13.1
After this, the end date of each
reporting period must be within five years of the end date of the
previous reporting period. All reports must be
publishedwithin 12 weeks of the
reporting period end date.
14.
Contact
14.1
Anna Fjortoft
(Biodiversity Officer – Neighbourhood Services):
a.fjortoft@spelthorne.gov.uk
Please submit any
material questions to the Committee Chair and Officer Contact by
two days in advance of the meeting.
Appendices:
Appendix
A: Biodiversity Duty Report and
Action Plan
Footnote: This document contains content generated
by Artificial
Intelligence (AI). AI generated content has been reviewed by the
author for accuracy
and edited/revised where necessary. The author takes responsibility
for this content.
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