Biodiversity Net Gain (BNG) is a new legal requirement for most new developments in England.
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Updated on 3 July 2024
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Oliver Lewis is the founder of Joe’s Blooms, providing end-to-end digital solutions to help you create best-in-class Biodiversity Gain Plans. Expert in this field, he shares his knowledge on the Environment Bill.
This new approach aims to address biodiversity loss caused by human actions. By requiring that any new developments or builds improve the overall biodiversity value in existing habitats or by generating additional biodiversity gains through measurable improvements.
Developers, Local Planning Authorities, and Landowners/Homeowners are all included in the roll out and, under the terms of the Environment Act, are required to do their bit to help the UK achieve the Biodiversity Net Gain goals.
As set out above, in order to commence developments, developers need to prove that their project will enhance biodiversity or achieve net gain, by meeting the so-called “biodiversity objective”. Development proposals must now include a completed metric sheet and habitat plan - along with a Biodiversity Gain Plan (or BGP for short).
There are three avenues by which biodiversity value can be incorporated into a development proposal to meet the new requirements.
Examples of this may be: enhancing on-site habitats in a way that is permitted under the terms of the biodiversity metric, building appropriate green infrastructure, or creating new habitats that are appropriate for the site. In doing so, developers will be improving the quality of nature, protecting priority and irreplaceable habitats, incorporating ecological features into future developments, and many other environmental management benefits to improve biodiversity! Developers need to ne sure that the on-site habitat enhancements are appropriate and can be maintained for the 30 years required under the law.
If it is not possible to secure the necessary on-site gains, then off-site units can be allocated to the site. These can either be units generated on the developer’s own land (e.g. in the blue line) or from a separate land owner, but in either case the units need to be approved by the Local Planning Authority, have the legal arrangements needed to be maintained for 30 years, and be registered with the Natural England register.
This third option has been established as a last resort to reach biodiversity net gain mandates in the (rare) cases in which developers are unable to achieve BNG minimum requirements via either on-site or off-site solutions. Where it can be proved that these conditions are true, credits can be purchased from the Secretary of State. All payments from biodiversity credits to the Secretary of State will be utilised solely for the purpose of habitat enhancement.
Local Planning Authorities now have a legal obligation to assess the BNG duty on each planning application that is submitted as a part of the validation process. As the planning authority in each local council, it is their responsibility to prevent biodiversity loss for all new and future developments.
Beyond merely offsetting losses, BNG aims to prevent further biodiversity loss by preserving local habitats, engaging stakeholders, and aligning with local and national conservation aims. Maintaining and reversing biodiversity loss will require massive collaboration. To facilitate these underlying goals, the following 10 principles have been developed by CIEEM, IEMA and CIRIA to ensure a comprehensive and effective approach to achieving sustainable and meaningful Biodiversity Net Gain.
The Environment Act 2021 mandates the key components for Biodiversity Net Gain for all new developments (with very few exceptions). It revises the Town & Country Planning Act 1990 and stipulates the following requirements:
A clear understanding of BNG and how to integrate it from the perspectives of LPAs, Landowners, and Developers can aid in better managing and coordinating new developments in line with local conservation efforts and evolving requirements.
Beyond adding to existing legal obligations, Biodiversity Net Gain is an opportunity for councils to think holistically, linking Biodiversity Net Gains with broader council services. For councils that have declared a climate and ecological emergency, Biodiversity Net Gain offers a tangible action to address these crises. It's a chance to envision and shape the future natural environment of local areas, ensuring it delivers for the community.
De Minimis Threshold: Designed for the smallest of projects, if a development impacts no priority habitat and less than 25 square metres of non-zero rated habitat, or less than 5 metres for linear habitats like hedgerows and watercourses, it will fall below the 'de minimis' threshold and will be exempt from BNG. However, you must demonstrate that you are genuinely eligible to meet the de minimis threshold and the Local Planning Authority will inspect any claim to ensure that there is no fraudulent attempts to sidestep the new obligations.
Local Nature Recovery Strategies (LNRS) are another critical aspect. They offer an opportunity for collaborative work with neighbouring authorities’ reach beyond local government to involve communities, landowners, developers and farmers in creating and reaping the benefits of Biodiversity Net Gains, particularly when it comes to biodiversity units (BUs) in the off-site BU credit market.
Engaging with Biodiversity Net Gain now also allows for input into ongoing policy development by Defra and Natural England.
The UK Government has listed a small number of exemptions from the Biodiversity Net Gain (BNG) rules. However, it’s worth saying that these exemptions are few and far between - BNG is intended to be a universal policy, and it’s always better to err on the side of complying than trying to avoid it. That said, let’s quickly look at the main exemptions:
Biodiversity Gain Sites: Sites specifically enhanced to benefit wildlife, termed biodiversity gain sites, are exempt (these sites are already geared towards enhancing biodiversity, they are not subject to additional BNG requirements).
Householder Applications: Development related to household applications also falls under the exemptions. Of course, you can always undertake BNG anyway and there are a number of other things you can do to increase biodiversity in your home.
Self-Build and Small-Scale Developments: Small scale self-build and custom housebuilding projects are included in the exemptions, however you must make sure that you meet the specifications set out in the relevant laws.
The Biodiversity Net Gain Tool is a new tool that offers small sites end-to end compliance with the new BNG law.
Use our BNG toolJoe's Blooms Explore is a new digital tool that allows you to easily work out the Biodiversity Unit value of any piece of land.
Use our Explore toolThe easy-to-use Exemption Checker allows you to find out if BNG applies to your development and get all the information you need!
Use the Exemption CheckerNot sure which tool to use for your planning application?
Developers must consider a site’s habitat and ecology when detailing a new development for approval. Let's discuss what developers need to know about BNG.
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