Farrer & Co advises on landmark 173-acre Biodiversity Net Gain scheme

Leading independent law firm Farrer & Co has advised the historic 2,000-acre Braxted Park Estate, on the drafting and negotiation of a landmark Section 106 Planning Agreement that underpins the 30 year environmental commitment over the 173 acre site. The scheme sets a new benchmark for premium, market-ready BNG delivery in England.

Following the Environment Act 2021, which mandates a 10% net gain in biodiversity compared to pre-development levels, the scheme will deliver long-term, legally secured habitat restoration and an ability to purchase biodiversity units ‘off-the-shelf’ for developers seeking to meet BNG requirements. 

Sitting within Braintree District Council, Colchester City Council, and Maldon District Council, as well as within the Northern Thames Basin National Character Area, the scheme necessitated the considerable task of working with the legal advisers from all three local councils (Braintree, Colchester and Maldon) to get the document agreed and allow registration of the site. 

The scheme sits within the Local Nature Recovery Strategy and the scheme's environmental outcomes will include the expansion of wildlife corridors, the creation and enhancement of habitats for turtle doves and nightingales, as well as contributing to other ecosystem services including improved air and water quality, natural flood attenuation, and increased carbon sequestration.

Farrer & Co worked alongside leading property consultants, Bidwells, on the project delivery.

James Maxwell, Rural Property Partner, Farrer & Co, comments:

"Agreeing a planning agreement with one Local Authority can be a challenge; agreeing it with three is a significant achievement. Farrer & Co's experience in setting up BNG Schemes for rural landowners allowed us to lead the three local authorities through the issues and achieve the desired outcome for our client."

Lisa Bulmer, Associate, Natural Capital at Bidwells, comments:

“This project represents a major step forward in the delivery of high-integrity, landscape-scale BNG. Braxted Park Estate is the perfect partner for delivering the gold standard model for nature recovery, and this project is a major step to delivering meaningful outcomes for biodiversity and climate resilience.”

Duncan Clark of Braxted Park Estate says:

“The Braxted Park BNG scheme really is setting some new “firsts” in its scope and ambition. Not only will it be the largest habitat bank in the county it is also the first in the UK to involve 3 LPA’s in a single s106 agreement so that builders in all 3 districts can meet their BNG requirements in those districts with a single s106 agreement. Bidwells and Farrers have brought all their considerable experience to bear in constructing such a complex environmental structure for which they were uniquely positioned. Thus far the process has been remarkably seamless and we are now looking forward to marketing the units in short order. Indeed that process has already commenced." 

For further information, please contact: 

Clo Davey, Farrer Kane: [email protected]; 07795 203 181

© Farrer & Co LLP, October 2025