Biodiversity Net Gain
Biodiversity Net Gain (BNG) is mandatory for major developments and small sites under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).
BNG ExemptionsPlanning applications made prior to 12 February 2024 do not have to comply with the new Biodiversity Net Gain legislation. However, if a local planning authority has implemented local policy BNG Biodiversity Net Gain targets then these will still need to be followed.Development related to High-Speed Rail, urgent crown developments or development order (including permitted development rights) do not need to comply with Biodiversity Net Gain legislation.A development that does not impact a priority habitat and impacts less than 25 square metres (5m by 5m) of on-site habitat or 5 metres of on-site linear habitats such as hedgerows does not need to comply with Biodiversity Net Gain legislation.Self-build and custom build applications where there are no more than 9 dwellings on a site that has an area no larger than 0.5 hectares and consists exclusively of dwellings that are self-build or custom housebuilding do not need to comply with Biodiversity Net Gain legislation.
Irreplaceable HabitatYou will only get planning permission for development that results in loss of irreplaceable habitat in exceptional circumstances. The 10% BNG requirement does not apply when there is loss of irreplaceable habitat.Irreplaceable habitat is difficult to restore, create or replace once it has been destroyed. This may be due to its age, uniqueness, species diversity or rarity.Irreplaceable habitat includes some of England’s most ecologically valuable habitat. ancient woodland
ancient and veteran treesblanket bogcoastal sand duneslowland fens
Glossary
Biodiversity Net Gain (BNG): A mandatory approach requiring developments to enhance biodiversity by at least 10% compared to the pre-development baseline.
Environment Act 2021 – The UK legislation that made BNG a mandatory requirement for most developments in England.
UKHab: The UK Habitat Classification system used to assess existing and proposed habitats on a site.
Defra Biodiversity Metric: A tool used (Excel spreadsheet) to measure habitat quality and value pre- and post-development to calculate net biodiversity gain or loss.
Mitigation Hierarchy: A planning principle requiring developers to avoid harm to biodiversity first, then minimise it, and finally compensate for residual impacts.
Habitat Bank: A registered area of land managed to generate biodiversity units that can be sold to developers who need to offset biodiversity loss elsewhere.
BNG Units: Quantified measures of biodiversity created or lost, as calculated using the Defra metric.
Natural England: The statutory body responsible for the BNG metric, guidance, and accreditation of biodiversity gain sites.
Planning Authority: The local authority responsible for assessing and approving BNG plans submitted as part of planning applications.
Statutory Credits: Biodiversity compensation credits sold by the UK government when BNG cannot be delivered through on-site or off-site units.
Spatial Risk Multiplier: A factor applied in the BNG metric that increases unit requirements if offsetting is delivered far from the impact site.
Irreplaceable Habitat: Natural areas like ancient woodland or veteran trees that cannot be recreated and are exempt from the BNG requirement.
Section 106 (s106) Agreement: A legal planning obligation used to secure long-term delivery of biodiversity outcomes post-development.
Responsible Body
Conservation Covenant
National Planning Policy Framework (NPPF) : The overarching policy document that embeds biodiversity enhancement within planning decisions.
Local Nature Recovery Strategy (LNRS): A spatial strategy identifying priorities and opportunities for nature recovery in each local area.
Biodiversity Gain Plan (BGP): A mandatory document that demonstrates how a development will meet the minimum 10% biodiversity gain requirement.
Habitat Management and Monitoring Plan (HMMP): A document detailing how habitats will be created, managed, and monitored over at least 30 years.
Baseline Survey: An ecological survey identifying and classifying habitats on a site prior to development using UKHab methodology.
Monitoring Report: A periodic report submitted to the planning authority or responsible body to demonstrate delivery and ongoing compliance.
Time-to-Target Risk Multiplier – A risk factor applied when habitat creation takes years to reach its target condition.
Difficulty-of-Creation Risk Multiplier – A metric adjustment accounting for uncertainty in successfully creating certain habitat types.
Trading Rules – Rules within the Defra Metric preventing replacement of high-distinctiveness habitats with lower-distinctiveness ones.
Habitat Distinctiveness – A measure of how rare or important a habitat type is in biodiversity terms.
Habitat Condition – A qualitative assessment of how well a habitat functions to support biodiversity.
Connectivity – The degree to which habitats are linked, enabling wildlife movement and ecological function.
Strategic Significance – A multiplier rewarding habitat creation in priority locations identified in strategies such as LNRS.
Off-Site Units – Biodiversity units delivered on land outside the development site to achieve BNG targets.
Biodiversity Gain Site Register – The national register maintained by Natural England, listing land legally secured for BNG delivery.
Biodiversity Units Market – The emerging marketplace allowing developers to purchase off-site biodiversity units to meet their obligations.
Private Market Credits – Units generated by private landowners or habitat banks, as distinct from statutory credits sold by government.
Additionality – The principle that biodiversity gains must be above and beyond what would have occurred without the intervention.
Permanence – The requirement that biodiversity enhancements must be secured and maintained for a minimum of 30 years.
Monitoring and Adaptive Management – The process of checking habitat performance and adjusting management to achieve intended outcomes.
Stacking and Bundling – Terms used where multiple environmental markets (e.g., carbon, nutrient neutrality, BNG) apply to the same land parcel.
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