Insert a clause into landscape architect appointments and/ or building contracts requiring the appointee to utilise the available open space in an environmentally efficient manner.
Why use this?
This clause promotes nature based solutions and biodiversity in landscape architect appointments and/ or building contracts, on land that might otherwise be used in a carbon intensive or unsustainable way. To be fully effective, the use of this drafting should be aligned with the development of laws/ planning regulations around habitat ‘zoning’ to encourage habitat continuity and species corridors across the landscape.
How to use this clause
Disclaimer - please read
The clauses on this website have been prepared in good faith on a pro bono basis and are free to download and use. The clauses have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The clauses on this website are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the clauses will achieve the relevant climate goal or any other outcome.
The clauses on this website do not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and do not contain legal or financial advice. The clauses are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these clauses, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these clauses or any other person. Users should use their own professional judgement in the application of these clauses to any particular circumstance or jurisdiction or seek independent legal advice.
Biodiversity Gain means the measurable gain in the biodiversity value between pre-development and post-development that is attributable to the development, being the total of:
(a) the post-development biodiversity value of the onsite habitat;
(b) the biodiversity value, in relation to the development, of any registered offsite biodiversity gain allocated to the development; and
(c) the biodiversity value of any biodiversity credits purchased for the development.
Development means [define development projects].
Hard Landscaping means the built components of a landscape such as paving, decking, paths and walls and does not include vegetation or water zones.
Landscaped Area means the area[s] bounded in [red] shown on drawing reference [●] at appendix [●].
Native Flora means those species of flora that have arrived and inhabited the United Kingdom naturally, without deliberate assistance from humans, since the last ice age and includes Native Trees.
Native Trees means those species of trees that are native to the United Kingdom since the last ice age and listed as such on the Woodland Trust website.
Professionals means all consultants, [the Contractor and other persons appointed or to be appointed by the Developer, in addition to the Consultant,] that provide professional services in relation to the Development (whether such Professionals are novated to the Contractor or otherwise).
[Drafting note: Capitalised terms relate to either a defined term in this clause or a defined term in the main agreement that this clause is designed to be inserted into.]
1.1 The Consultant shall ensure in so far as possible and in accordance with the law that in the design of the Landscaped Area:
1.1.1 [a minimum of [●]% of the Landscaped Area shall consist of Native Flora [typical of [●] habitat]];
1.1.2 [only Native Trees are specified for use];
1.1.3 [a maximum of [●]% of the Landscaped Area consists of Hard Landscaping];
1.1.4 [habitats for [●] species are [maintained][enhanced] as set out in the [●] [Ecology Report dated ●]];
1.1.5 [insert any additional planning conditions or site specific landscaping conditions relating to environmental management].
1.2 The Consultant shall collaborate with the other Professionals to ensure that the Development achieves a Biodiversity Gain of at least % which will be maintained for at least  years after the Development is completed.
Glossary references: Native Trees Biodiversity & Biological Diversity or Biodiversity Loss