Climate clause

Climate-Resilient Landscape Design Contracts

Edgar's Clause

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.

This is a climate clause

This clause brings climate considerations to your drafting. It is not yet net zero aligned. To align this clause with net zero, use our toolkit or join one of our events.

Skip to clause

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.

The clause

Additional Definitions 

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.]

 

Additional Clause

1. Design

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 [10]% which will be maintained for at least [30] years after the Development is completed.

Read the disclaimer

Join the largest global network of lawyers and business leaders using climate contracting to deliver fast and fair decarbonisation

Join us