brentwood.gov.uk

An important priority for green infrastructure must be the protection and enhancement of biodiversity. This is not even mentioned in the above description. Such a glaring omission needs to be rectified if the local authority is to be seen to comply with its obligations and legal duty to conserve biodiversity. This is recognised and formalised within Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, which states:
(1) "Every public body must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity"
(3) "Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat." (This is significant as it places a duty on all local authorities to conserve wider biodiversity in addition to the statutory protection given to certain sites and species.)

Local authorities also have important obligations in implementing the national Biodiversity Action Plan. This means that a local authority is required to demonstrate that:
* biodiversity conservation and enhancement is appropriately integrated throughout all departmental policies and activities
* all staff, managers and elected members understand how biodiversity issues relate to their own decisions and actions
* it provides sustained support to local biodiversity initiatives, such as Local Biodiversity Action Plans, Biological Records Centres and Local Site systems
* biodiversity, in particular Species and Habitats of Principle Importance, is properly protected and enhanced in line with statutory nature conservation obligations
* it has access to professional ecological expertise and up-to-date biodiversity information
* it reports on progress towards national and local biodiversity targets.

The aim of the biodiversity duty is to raise the profile of biodiversity in England and Wales, so that the conservation of biodiversity becomes properly embedded in all relevant policies and decisions made by public authorities. Planning policies and decisions must reflect and where appropriate promote relevant EU obligations and statutory requirements.