Decision Maker: Cabinet
Decision status: Recommendations Approved (subject to call-in)
Is Key decision?: No
Is subject to call in?: Yes
Decision:
That the Biodiversity
Duty Report 2026 set out at Appendix 3 to the
submitted report be approved.
Reasons for the decision:
The Biodiversity Duty
Report 2026 responded to the enhanced statutory biodiversity duty
placed on public authorities from January 2023, requiring the
conservation and enhancement of biodiversity and the publication of
a plan and report in line with the Environment Act 2021 and set out
how the Council would meet these legal requirements, and
demonstrated how biodiversity considerations were embedded across
Council policies, plans and service delivery. The Report aligned with the Community and
Corporate Plan objectives to protect and enhance the natural
environment and address the climate emergency, providing a clear
framework for co-ordinated action across the Council.
Alternative options considered:
There were no
statutory alternatives to producing the Biodiversity Duty
Report. It also provided an opportunity to highlight the
service level actions that have already taken place to contribute
towards increasing biodiversity.
Failure to produce a Report would breach legal obligations.
Implementation:
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The decision will come into
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Information:
The Biodiversity Duty
Report 2026 was prepared to meet the Council’s statutory
obligations under the Natural Environment and Rural Communities Act
2006, as strengthened by the Environment Act 2021, which extended
the duty from conserving to also enhancing biodiversity and
required publication of a compliance report within the 2024 – 2026
reporting period. The Report was
developed in accordance with Section 40A requirements and
Department for Environment, Food and Rural Affairs (DEFRA) guidance
and set out actions taken to date, plans for delivery over the
following five years and relevant biodiversity net gain activity as
a local planning authority. It built on
existing Council strategies and frameworks, including the Climate
Change Action Plan and Torbay Local Plan, drawing together
service?level contributions and identifying future actions to
ensure biodiversity considerations were embedded across Council
functions, policy development and planning activity.
Interests and Nature of Interests Declared:
Publication date: 17/04/2026
Date of decision: 14/04/2026
Date comes into force if not called in: 25/04/2026
Call-in deadline date: 24/04/2026
Current call-in Count: 0
