Biodiversity Net Gain
Biodiversity net gain (BNG) is an approach to development, and/or land management, that aims to leave the natural environment in a measurably better state than it was beforehand.
The Environment Act 2021 requires that new developments must provide a minimum 10% net gain in biodiversity habitats secured for at least 30 years.
This mandatory requirement applies to all major applications received from 12 February 2024 onwards and all small sites received from 2 April 2024.
Biodiversity net gain is a mandatory condition on grant of planning permission. The condition will need to be discharged by submitting a specific Biodiversity Gain Plan application, which will need to be approved by the Planning Authority before commencement of the development.
A specific legal agreement/Section 106 agreement will need to be signed in relation to biodiversity net gain.
Further information is available here: Draft biodiversity net gain planning practice guidance - GOV.UK website
Developments exempted from providing the 10% mandatory biodiversity net gain include:
Section 73 permissions are exempt from the mandatory 10% net gain requirement where the original planning permission was either applied for, or granted, before 12 February 2024.
Permission in Principle is not a grant of planning permission so the mandatory biodiversity gain requirement does not apply. However, the subsequent technical details consent (as a grant of planning permission) is subject to the 10% mandatory biodiversity gain condition.
Applicants must provide the following information with their initial planning application submission. This will be a validation requirement from 12 February 2024 for all major applications.
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Required BNG Information |
Description |
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Statement confirming whether application is subject to BNG condition |
Statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition |
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pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) |
Includes the completed Biodiversity Metric calculation tool from Natural England used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value. This should be informed by a data search from our local environmental records centre and ecological surveys. Use date of application or when planning permission granted. Where there has been unauthorised degradation onsite then biodiversity value before 30 January 2020 is used. If biodiversity value reduced due to previous planning permission carried out after 25 August 2023 then pre-development biodiversity value of onsite habitat immediately before activities should be used.
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If applicable, proposed earlier date of pre-development biodiversity value |
The reasons for proposing that date |
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Statement confirming whether biodiversity value is lower on date of application due to degradation |
Statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application (or an earlier date) because of the carrying on of activities (‘degradation’) in which case the value is to be taken as immediately before the carrying on of the activities, and if degradation has taken place supporting evidence of this |
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Description of any irreplaceable habitat |
A description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date); |
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Scaled plan showing onsite habitat on date of application/earlier date |
A plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or an earlier date), including any irreplaceable habitat |
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Draft Habitat Management and Monitoring Plan and increase of onsite biodiversity enhancements |
Significant increase of onsite biodiversity enhancements, then applicants are encouraged to provide a draft Habitat Management and Monitoring Plan as part of the application which sets out the proposals for long term maintenance of habitats to be secured through planning condition or planning obligation |
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Information on proposed significant on-site enhancements and how BNG will be met |
Provide information about how you intend to meet the BNG objective, including details of proposed significant on-site enhancements |
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Offsite biodiversity gain information and draft heads of terms for S106 agreement |
An off-site biodiversity gains site specifically to provide gains for the development, then applicants are encouraged to provide the local planning authority with draft heads of terms clearly setting out the obligations that they are likely to be bound by in a section 106 agreement, should permission be granted.
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BNG Requirements |
Description |
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Biodiversity Gain Plan |
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Details and any evidence for any offsite biodiversity offsetting agreements/ statutory credits |
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Habitat Management and Monitoring Plan |
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£145 fee |
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Further information can be found here: Draft biodiversity net gain planning practice guidance - GOV.UK (www.gov.uk)
For Phased developments, please see here: Draft biodiversity net gain planning practice guidance - GOV.UK (www.gov.uk)
The developer will be required to provide regular reports on the on-site and off-site biodiversity gains. A monitoring fee will be charged by the Planning Service. This will be written in a legal agreement/Section 106 agreement agreed at condition stage.
