Biodiversity Net Gain is an approach to development which means that habitats must be left in a measurably better state than they were in before the development. This means that applicable building projects in England will need to restore any biodiversity lost during the construction phase and deliver a 10% minimum boost to the area’s biodiversity.
From 12 February 2024 BNG will become mandatory; this means that developments which fall under the Town and Country Planning Act 1990 (unless exempt) will need to restore any biodiversity lost during the building phase and deliver a 10% minimum boost to the area’s biodiversity.
Mandatory BNG will apply to non-major developments from April 2024.
The BNG condition does not apply to the following types of development:
· Temporary exemption for non-major developments. Major (district) development is: for housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more, the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or development carried out on a site having an area of 1 hectare or more. Non-major development is development that does not meet/exceed any of the thresholds for major development.
· Householder development
· Development granted planning permission by a development order under section 59. This includes permitted development rights.
· Development subject to the de minimis exemption - development that does not impact a priority habitat and impacts less than 25 square metres (e.g. 5m by 5m) of habitat, or 5 metres of linear habitats such as hedgerows.
· Self-build and custom build development - development which:
o consists of no more than 9 dwellings, and
o is carried out on a site which has an area no larger than 0.5 hectares, and
o consists exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015.
· Urgent Crown development granted under s293A TCPA 1990.
· Development of a biodiversity gain site
· Development related to the high speed railway transport network
The Environment Act requires biodiversity gain (BNG) as a condition of obtaining planning permission. Development cannot start unless a developer has created and the Local Planning Authority has approved a biodiversity gain plan.
To attain BNG, biodiversity can be created or enhanced in connection with a development, this can be onsite, offsite or through statutory biodiversity credits as a last resort. The new habitat created should be the best replacement for the habitat lost through development.
Onsite biodiversity gain is the enhancement of the habitat’s biodiversity value where the development takes place. Offsite biodiversity gain is enhancement carried out on a separate site to the development, this gain is secured through a long-term agreement. Statutory biodiversity credits can be purchased by developers to meet the biodiversity gain objective, credits will be created through independent habitat enhancement.
Developers should consider using statutory biodiversity credits only as a last resort. Credits are priced by the government to discourage use and to include a multiplier; for every required biodiversity unit, two statutory credits must be purchased. The following link provides access to current credit costs and government recommendations. https://www.gov.uk/guidance/statutory-biodiversity-credit-prices
It's crucial to prioritise Biodiversity Net Gain from the outset to ensure a successful development. Please contact us today for further advice.