Habitat Management and Monitoring Plans (HMMPs) play a crucial role in ensuring the long-term success of biodiversity net gain initiatives. A legal agreement supporting these efforts establishes obligations for enhancing and maintaining a habitat, detailing how responsibilities are assigned, and ensuring commitment for at least 30 years. This article outlines key considerations for crafting effective HMMPs and the role of legal agreements in securing habitat gains.
Crafting a Legal Agreement for Habitat Maintenance
A legal agreement is a binding obligation that outlines the responsibilities associated with habitat enhancement and management. This document must specify:
- Maintenance: How the habitat will be maintained.
- Roles and Responsibilities: Who is responsible for creating or enhancing habitats, as well as for ongoing maintenance, management, and monitoring.
To ensure long-term commitment, legal agreements for both off-site and on-site gains must have a minimum duration of 30 years. While a legal agreement is central to habitat management, an HMMP provides additional context and details. You can include your HMMP within the legal agreement or create it as a separate document. However, the HMMP does not replace the legal agreement; instead, it complements it with more specific information.
Working with Ecologists
It is essential to work with an ecologist or a competent professional to create your HMMP. Their expertise will guide you in including the necessary elements for effective habitat management.
Agreeing Your HMMP
The process for agreeing to an HMMP varies depending on whether you are delivering off-site or on-site gains.
Off-Site Gains
If your project involves off-site gains, the HMMP should be agreed upon with:
- The Local Planning Authority (LPA): If you’re securing gains through a planning obligation (section 106 agreement).
- A Responsible Body: If gains are secured with a conservation covenant.
On-Site Enhancements
For significant on-site enhancements, the HMMP must describe how the habitat will be maintained and monitored. This should be submitted with your biodiversity gain plan and a draft HMMP with your planning application. Detailed guidance is available in the planning practice guidance.
Key Components of an HMMP
An HMMP must cover several critical aspects of habitat management. Some key components include:
- Management Plan: How you plan to manage off-site gains or significant on-site enhancements, considering legal restrictions and requirements.
- Monitoring and Reporting: When and how you’ll monitor habitats and report results, noting that these processes vary for different habitat types.
- Review and Adaptation: When and how you’ll review management proposals and adjust strategies to meet habitat or broader outcomes.
Consult with your LPA or responsible body to determine if other information should be included in the HMMP.
Using the HMMP Template
Natural England provides a set of HMMP tools, including templates, a checklist, and companion guides. These resources help you structure your HMMP, though not every section needs to be filled out, as some parts may not apply to your project.
The template’s companion document lists habitat condition and assessment criteria, providing further guidance. A separate template and habitat guide are available for smaller developments.
Designing Your Own HMMP
If you prefer to design your own HMMP, refer to the checklist in the HMMP tools for essential components to include. When working with an ecologist, ensure they provide a statement of competence within the HMMP, especially if your site has specific elements, such as watercourses.
Long-Term Management Considerations
As land changes hands over time, updating the HMMP may be necessary to ensure ongoing compliance and success in habitat management. This underscores the importance of long-term planning and flexibility within the legal framework.
By adhering to these guidelines and working closely with ecologists and other professionals, you can create effective HMMPs and legal agreements that contribute to the sustainability of biodiversity net gain projects.
Further information can be found here and a template that can be used here.
