Planning Applications and Biodiversity Net Gain: The Legal Role of Schedule 7A

Tim Hobern July 9, 2025

As mandatory Biodiversity Net Gain (BNG) reshapes the planning landscape in England, the legal role of Schedule 7A within the Town and Country Planning Act 1990 has become pivotal. Schedule 7A establishes the biodiversity gain condition that governs how and when BNG must be secured. Understanding Schedule 7A and the Biodiversity Gain Condition Schedule 7A introduces the biodiversity gain condition, a legal requirement that must be met before a planning authority can lawfully approve most development applications. This condition applies to developments in England, and it requires: A minimum 10% increase in biodiversity compared to the site’s pre-development baseline. A Biodiversity Gain Plan is to be submitted and approved after planning permission is granted, but before development begins. Use of the Statutory Biodiversity Metric to calculate baseline and post-development habitat value. While broad BNG intentions are often considered during planning applications, the formal Biodiversity Gain Plan is a post-consent requirement under Schedule 7A. It must demonstrate clearly how the biodiversity uplift will be delivered. The Biodiversity Gain Hierarchy and Delivery Options Schedule 7A supports the delivery of BNG through a defined biodiversity gain hierarchy. On-site enhancements within the red-line boundary. Off-site biodiversity units are secured via legal agreements. Statutory biodiversity credits are used only as a last resort. This hierarchy is separate from, but works alongside, the mitigation hierarchy, which governs impact management: avoid, minimise, restore, and compensate. Where off-site units are used, they must be registered on the Biodiversity Gain Site Register and secured through mechanisms such as Section 106 agreements or conservation covenants. This ensures that biodiversity enhancements are legally binding and actively managed for at least 30 years. Long-Term Security: Legal Agreements and Covenants To satisfy Schedule 7A’s requirements, biodiversity enhancements must be maintained well beyond the construction phase. This is where conservation covenants and planning obligations (such as Section 106 agreements) play a critical role. They legally secure the land for biodiversity purposes. They tie habitat management responsibilities to the land title. They enable LPAs or responsible bodies to enforce compliance over time. These tools give confidence to both planning authorities and developers that BNG will be delivered reliably and transparently. Integrating BNG into the Planning Process Although the Biodiversity Gain Plan is submitted after planning permission is granted, developers must consider BNG early in the planning process. LPAs will expect baseline surveys and initial metric calculations to accompany applications and, in some cases, draft calculations (i.e. for major developments) A robust BNG strategy should: Include the baseline habitat value and proposed uplift. Outline potential on-site gains and identify if off-site units will be required. This early integration helps ensure smoother validation and faster decision-making and reduces the risk of post-consent delays. Irreplaceable Habitats and Higher Standards Schedule 7A explicitly states that BNG cannot be used to justify the loss of irreplaceable habitats. These habitats, such as ancient woodland, require bespoke mitigation and compensation. Where development affects priority habitats or land identified in LNRS, higher ecological standards and more rigorous scrutiny are expected. In such cases, applicants will need to provide clear justification for any residual impacts. Legal Compliance and Commercial Opportunity Meeting the biodiversity gain condition is not just about avoiding refusal. It also creates an opportunity. For developers, it unlocks planning consent and avoids costly delays or enforcement action. For landowners, Schedule 7A provides a framework to: Create habitat banks that generate biodiversity units. Generate long-term income through BNG delivery. By understanding the legal requirements and securing land through appropriate legal agreements, land managers can supply registered biodiversity units to meet growing market demand. How Civity Supports BNG Delivery under Schedule 7A At Civity, we support clients across the planning and ecology spectrum. Reviewing your statutory biodiversity metric and calculating the unit numbers and types you need Helping you to prepare your BNG plan Supporting phased and complex schemes with ongoing advisory support. We also help landowners bring suitable land into the BNG market by assessing deliverability, aligning with local policy, and brokering biodiversity units to developers in need. Schedule 7A as a Catalyst for Nature Recovery. Schedule 7A represents a legal turning point in how planning permission and environmental enhancement are linked. It transforms BNG from a policy ambition into a statutory obligation that is measurable and enforceable. By embedding biodiversity improvements into the planning system and requiring them to be secured for decades, Schedule 7A enables developers, landowners, and planners to contribute to long-term nature recovery. With expert guidance and early planning, BNG can be delivered not just compliantly but meaningfully.

How to Prepare Your Land for BNG Opportunities: A Practical Checklist

Tim Hobern July 9, 2025

As mandatory Biodiversity Net Gain (BNG) is a legal requirement for most development projects in England, landowners are seeking practical ways to unlock new income streams and contribute to the natural environment through habitat enhancement. Preparing your land to deliver BNG can position you to sell biodiversity units, support local development sites, and align with wider Local Nature Recovery Strategies (LNRS). But to take part effectively, your land must be properly assessed, managed, and aligned with planning requirements. In this guide, we explore how to prepare your land for BNG opportunities. It is a practical checklist designed to help you navigate the legal framework, planning system, and ecological processes involved. Understand the Planning Context and Legal Framework First, familiarise yourself with the relevant planning laws that underpin biodiversity net gain. BNG is now a legal requirement under the Environment Act, with enforcement tied closely to the Town and Country Planning Act. Whether supporting custom build development, minerals development, or phased development, all BNG contributions must follow the biodiversity gain hierarchy, which prioritises on site gains before off site gains or the use of statutory biodiversity credits. Assess Pre-Development Biodiversity Value The next step in preparing your land is establishing a clear pre-development biodiversity value using the statutory biodiversity metric developed by Defra. Accurate biodiversity metric calculations are crucial to demonstrate potential uplift. Professional ecologists can assess existing habitats, landscape features, and the potential for habitat creation or habitat enhancement. This baseline assessment is the foundation for future biodiversity gain plans. It identifies what enhancements or creation opportunities are feasible and how you might offer biodiversity units to development sites struggling to meet their biodiversity gain objective through on-site habitat enhancements alone. Plan for Habitat Creation and Ongoing Management Successful BNG delivery relies not only on creating habitats, but also on managing them effectively over at least 30 years. Establish a realistic plan for habitat management, identifying opportunities to restore or create habitats considering the existing habitats on site, the local context, and your abilities to undertake the management. You’ll need a long-term monitoring plan and a legally binding agreement such as a conservation covenant or SE106 to formalise your responsibilities. These measures are essential to support ongoing management and demonstrate accountability to responsible bodies. Align with Local and National Priorities To maximise the value of your land in BNG markets, align your plans with local and national priorities. Review your region’s Local Nature Recovery Strategy (if published), which sets out where local authorities want to see targeted ecological improvements. After you have a legal agreement (and any necessary permits) in place, you will need to register your land on the Biodiversity Gain Site Register, which helps connect your site with developers seeking off-site biodiversity gains. By being proactive, your land could support a major development, a non-major development, or even a minor development struggling to meet the required uplift. Consider Financial, Legal and Planning Implications Before you proceed, consider key financial and legal matters. Participation in BNG schemes may carry tax implications, affect how you declare income from natural capital, and involve costs for ecological surveys and legal support. You’ll also need to budget for management costs and monitoring over time. Take Advantage of Further Guidance and Expert Help Navigating BNG successfully requires expert guidance at every stage—from habitat assessments and support with site registration to long-term biodiversity monitoring. Civity provides an end-to-end service, end-to-end service for landowners looking to deliver Biodiversity Net Gain that is ecologically sound, legally compliant, and financially viable. We take care of everything: assessing the ecological baseline, preparing the Habitat Management and Monitoring Plan (HMMP), securing all necessary consents such as Flood Risk Activity Permits and EIA Agriculture screening, and liaising with the Local Planning Authority or Responsible Body to secure the legal agreement. We also handle the site registration process and cover the associated legal costs on behalf of the landowner. Our team then works proactively to broker BNG unit sales with developers—ensuring market access and financial return for the landowner. Once the site is established, we remain your ecological partner throughout the duration of the full scheme, carrying out monitoring surveys and submitting the required reports, giving peace of mind that all obligations are being met. Whether you’re managing farmland, woodland, or underused land with low existing biodiversity, Civity can help unlock its potential. With careful planning, strategic insight, and integrated delivery, we help you make the most of nature markets, creating habitats that benefit both biodiversity and your business.

What Happens if BNG Targets Aren’t Met? Exploring the Legal and Financial Risks

Tim Hobern July 9, 2025

With mandatory Biodiversity Net Gain (BNG) now a core requirement of the planning system in England, developers are expected to ensure that new projects measurably enhance rather than diminish biodiversity. But what happens if these targets aren’t met? Understanding the real-world legal and financial risks is essential for those involved in planning, development, or land management. Biodiversity Net Gain: What’s Required? Under the Environment Act 2021, most developments in England must deliver at least a 10% biodiversity gain compared to the site’s baseline habitat value. This uplift, calculated using the statutory Defra Biodiversity Metric, must be demonstrated as part of a Biodiversity Gain Plan and submitted before development begins. Gains can be achieved on-site, off-site, or, if necessary, via statutory biodiversity credits as a last resort. The overarching goal is not just to halt biodiversity loss but to actively improve ecological quality and connectivity across England’s landscapes. Planning and Legal Consequences of Falling Short Non-compliance with BNG requirements has real implications. If a Biodiversity Gain Plan is missing, incomplete, or cannot credibly demonstrate how the 10% uplift will be delivered, planning permission can be delayed or refused. BNG is secured through legally binding mechanisms such as planning obligations (Section 106 agreements) or conservation covenants. These agreements often extend for 30 years or more, with enforcement powers resting with local authorities or designated responsible bodies. Where agreed habitat enhancements are not delivered due to inadequate management, flawed ecological data, or changes in land use, developers may face enforcement action, project disruption, or reputational risk. This highlights the importance of building robust, realistic delivery mechanisms from the start. Early Engagement and Expert Support are Key Successfully delivering Biodiversity Net Gain (BNG) requires upfront ecological planning and clear pathways for habitat creation, management, and monitoring. Professional ecologists provide critical support in assessing baseline biodiversity, interpreting the Biodiversity Metric, and designing interventions that align with both planning policy and site-specific constraints. Engaging a consultant ecologist early also helps reduce the risk of unexpected costs. Early metric calculations can flag potential shortfalls in on-site delivery, allowing developers to explore cost-offsetting solutions well in advance. Speaking to an offset provider early in the process provides a clearer picture of potential unit costs—helping avoid financial surprises later. Where on-site solutions are limited, purchasing biodiversity units from a reputable provider can offer a streamlined alternative. It shifts the responsibility for long-term delivery and monitoring to a specialist, simplifies project timelines, and provides cost certainty with one-off pricing rather than ongoing financial commitments. Equally important is involving oversight bodies and habitat managers from the outset to secure long-term delivery, whether on-site or via trusted off-site solutions. A Risk Worth Managing And an Opportunity Worth Seizing Biodiversity Net Gain is more than a compliance requirement; it’s a catalyst for restoring nature through development. But the risks of getting it wrong, legal, financial, and reputational, are real. With early planning, trusted ecological input, and access to reliable off-site habitat providers, these risks can be managed and transformed into long-term benefits. Civity works across the public and private sectors to help clients meet their BNG obligations with confidence, whether that’s through helping to prepare compliant Biodiversity Gain Plans, brokering off-site units from our landbank, or coordinating with local planning authorities. We bring deep ecological expertise and planning insight to ensure BNG delivery is not just achievable but meaningful and enduring.

Property Developers’ Guide: How Biodiversity Consultancy Prevents Costly Planning Delays

Tim Hobern June 3, 2025

The Cost of Overlooking Biodiversity in Planning For property developers, navigating the planning system has never been more complex—or more dependent on ecological compliance. With the introduction of mandatory Biodiversity Net Gain (BNG) under the Environment Act, biodiversity has moved from a secondary consideration to a legal requirement. Understanding how biodiversity consultancy prevents costly planning delays is now essential knowledge for anyone involved in development projects. BNG is no longer just a box to tick at the end of the planning process; it is an integrated part of how planning permissions are granted. Local planning authorities expect developers to demonstrate how their projects will not only minimise environmental harm but also deliver net gain in biodiversity. This means working with ecological experts early on to ensure a viable biodiversity net gain plan is in place. At Civity, we specialise in managing the coordination of biodiversity consultancy—though we do not carry out ecological fieldwork in-house, we ensure the right specialists are involved at the right time, helping your project stay compliant and on track. Understanding Biodiversity Net Gain (BNG) Biodiversity Net Gain is a planning policy requirement that mandates all new developments in England to leave the natural environment in a measurably better state than it was before. Under the mandatory biodiversity net gain regulations, developers must achieve at least a 10% calculated biodiversity net gain on their development site and/or via off-site biodiversity units. Using the DEFRA biodiversity metric, ecologists assess the existing habitats and ecological features on-site to calculate their current biodiversity value. A biodiversity net gain assessment is then conducted, outlining how the proposed development will improve or replace these natural assets through habitat creation and biodiversity enhancements. Where on-site habitat gains aren’t feasible, the use of biodiversity offsetting at a separate site can balance the books and achieve a net gain for a project overall. This is where the biodiversity consultancy process becomes critical. By interpreting ecological data, applying the mitigation hierarchy, and formulating a compliant BNG strategy, specialists guide the production of a viable biodiversity net gain plan. Without this input, projects risk being stalled by local planning authorities. Early consideration is key to achieving net gain and minimising cost: ensuring a minimal impact in the first place (developing land of low biodiversity value to begin with) is usually the best and easiest way to do this. The Role of Biodiversity Consultancy in Planning Projects A professional ecological consultancy supports developers by providing timely and accurate ecological advice tailored to the planning system. Consultants assess protected species, priority habitats, and the habitats present to inform the biodiversity gain plan. They also advise on habitat strategic significance, ensuring the plan aligns with local nature recovery strategies and is acceptable to the local authority. One essential deliverable is the Preliminary Ecological Appraisal (PEA)—a baseline study that determines the need for further ecological surveys or mitigation measures. These early evaluations help identify constraints and opportunities for biodiversity improvements, reducing the risk of last-minute redesigns or rejections during the planning approval stage. Another key contribution is calculating biodiversity units using the biodiversity metric, which quantifies the net change in biodiversity value before and after development. This data forms the backbone of the net gain plan and informs decisions about whether developers must purchase biodiversity credits, use habitat banks, or deliver on-site biodiversity enhancements. Why Timing Matters: Biodiversity and the Planning System Delays in engaging a biodiversity consultancy can have significant financial consequences. If ecological surveys are not scheduled according to seasonal availability, developers may miss critical survey windows, such as for bats or great crested newts, pushing back their planning timeline by months. For BNG assessments, sites with semi-natural habitats like grassland and woodland often specifically require a survey during the growing season (April-September) or even narrower seasonal windows to capture optimal botanical data. By integrating biodiversity early into the land management and design phase, developers not only comply with biodiversity net gain requirements but also streamline their overall programme. A well-prepared biodiversity net gain strategy shows planners a commitment to environmental responsibility and increases the likelihood of planning permissions being granted without protracted negotiations or costly redesigns. For instance, identifying an area of ancient woodland or discovering a protected species late in the process can result in enforced setbacks, legal challenges, or even denied planning consent. Conversely, addressing ecological factors early allows time for creative solutions that meet both conservation and commercial goals. Off-Site Options and Biodiversity Credits Not every development site has the capacity to support a full 10% net gain on location. In these cases, developers can achieve compliance through off-site biodiversity units or purchase biodiversity credits from approved schemes. These might include habitat banks, conservation covenants, or (as a last resort) working with Natural England to access statutory biodiversity credits. These options must still be reflected in the biodiversity gain plan submitted with your planning application. A qualified ecological consultant will assess the viability of these routes, ensuring that any off-site solution still enhances biodiversity value and aligns with the strategic significance of local natural habitats. The ability to boost biodiversity even when space is limited is a key advantage of a strategic, consultancy-led approach. These professionals guide developers in ensuring their contribution to reversing biodiversity loss is both measurable and meaningful. Avoiding Delays: Biodiversity Consultancy as a Planning Partner In many cases, developers encounter costly planning delays not because of opposition to their project, but because of inadequate or non-compliant ecological documentation. Even a well-designed site can be held up indefinitely if it lacks a clear biodiversity gain plan that meets biodiversity net gain requirements under the Environment Act. Through professional ecological consultancy, developers gain access to expert knowledge of the planning system, local biodiversity priorities, and biodiversity net gain assessment methods. This expertise helps you demonstrate compliance with planning authorities and prevents back-and-forth delays that can derail project timelines and inflate costs. Future Developments: Biodiversity as a Strategic Asset In today’s environmentally conscious planning landscape, biodiversity is not just a compliance issue—it is a marker of quality and resilience in future developments. From integrating green infrastructure to enhancing natural environment assets, developers who treat biodiversity as an asset rather than a constraint are better positioned for long-term success. Well-managed biodiversity enhancements not only improve outcomes for ecological features but also raise the attractiveness and market value of a site. Public support, improved planning approval rates, and alignment with sustainability goals all flow from a strong biodiversity net gain strategy. In this sense, biodiversity consultancy becomes not just a way to avoid problems but a proactive partner in building places that last, adapt to climate change, and deliver measurable benefits to the community and the environment. Invest Early to Save Later For developers, the message is clear: the earlier you engage a biodiversity consultant, the smoother your path to planning permission. Delays, redesigns, or legal complications often arise when biodiversity net gain plans are treated as a last-minute checkbox. A trusted ecological consultancy ensures you comply with biodiversity net gain requirements, avoid unforeseen complications, and show local authorities that your development supports the natural world. At Civity, we help you navigate the process efficiently by connecting you with specialists, managing deliverables, and ensuring your development project proceeds without unnecessary holdups. Biodiversity is not just a regulatory requirement—it’s an investment in the long-term success and sustainability of your site. By embedding ecological thinking into every phase, you not only protect biodiversity but also futureproof your project in an evolving planning landscape.

Beyond Checklists: How a Comprehensive Ecological Survey Protects Your Project and the Planet

Tim Hobern June 3, 2025

In an era defined by rapid environmental change and an escalating biodiversity crisis, going beyond basic environmental checklists is no longer optional. For developers, planners and landowners, a comprehensive ecological survey is not just a regulatory hurdle—it’s a strategic asset for safeguarding both project viability and ecological integrity. At Civity, we undertake on-site species and habitat surveys of our habitat banks ourselves; we also work with a trusted network of specialist ecologists to ensure that the data collected is both scientifically robust and tailored to each of our sites. Good data is critical when surveys feed directly into Biodiversity Net Gain (BNG) planning, compliance, and unit generation. Why Ecology Cannot Be an Afterthought The UN’s Global Assessment Report revealed that nearly one million species face extinction due to human activity. Habitat loss, land use change, invasive species and climate pressures are the driving forces. In this context, understanding biodiversity is not just a planning requirement—it’s a responsibility. Checklists can indicate constraints, but they rarely capture the true ecological character of a site. They can miss critical, less visible factors such as species richness, ecological functionality, and the way wildlife uses your land. A full ecological survey brings those dynamics into focus. How Survey Data Drives Real-World Conservation A thorough ecological survey doesn’t just catalogue species—it generates vital data on ecosystem health, invasive pressures, species interactions, and restoration potential. This data directly informs: Mitigation measures BNG planning Habitat enhancement targets Local Nature Recovery Strategies Conservation funding applications By feeding into wider datasets, well-executed surveys also support national and global biodiversity monitoring. That’s why we ensure all ecological data collection we coordinate adheres to DEFRA’s Biodiversity Metric and Natural England standards, where applicable. The Foundation for Long-Term Adaptive Management Comprehensive ecological surveys also enable adaptive management, responding to ecological change over time. This is crucial for: Delivering BNG over a minimum 30-year period Managing climate risks like drought, flooding or species migration and responding to changes over time Ensuring habitats remain functional and diverse long after project completion At Civity, we help developers embed this thinking early, turning surveys into practical management plans that unlock planning approvals and enhance long-term environmental outcomes. It’s Not Just About Protected Areas Ecological surveys reveal the value of landscapes outside designated zones—hedgerows, watercourses, field margins and buffer strips. Some of these areas may not have legal protection, but they’re vital to ecological networks and BNG unit calculations. Overlooking them can mean missed opportunities for: Habitat banking Off-site BNG delivery Enhancing ecological connectivity Ecosystem services By undertaking holistic and detailed surveys, we ensure these critical features are properly assessed and valued within your BNG strategy. From Local Surveys to Global Impact Global biodiversity goals—from the Convention on Biological Diversity to the UK’s Environmental Improvement Plan—depend on local action. Ecological surveys are where this starts. Whether you’re delivering BNG on-site or looking to register off-site units, high-quality ecological baselines are essential. Civity can help you connect local survey findings to wider environmental goals, from improving habitat quality to supporting nature recovery corridors or meeting carbon and biodiversity double-benefit objectives. Our Role at Civity: Strategy, Oversight and Delivery Confidence We act as a bridge between your project team and ecology professionals, ensuring surveys: Meet regulatory requirements Align with BNG planning. Fit within your development timeline. Contribute to long-term stewardship. We also advise on how survey results can inform Section 106 agreements, Conservation Covenants, and BNG unit generation—helping you meet legal obligations, achieve lucrative funding for your land, and secure planning permissions more efficiently. Engaging the Public, Empowering the Project Transparent ecological data and community engagement go hand-in-hand. Well-communicated survey results help: De-risk planning objections Strengthen stakeholder support Demonstrate environmental leadership Whether your project is urban, rural or mixed-use, we help you use ecological evidence to show meaningful biodiversity outcomes—and to report them credibly. Setting a New Standard for Environmental Responsibility Ecological surveys should do more than tick boxes. Done right, they shape high-integrity, climate-smart projects that deliver lasting biodiversity value. At Civity, we believe development and nature can—and must—coexist. So if you’re at the survey stage of your project, talk to us. Whether you need strategic advice or BNG planning or are looking to acquire or register biodiversity units, we’ll help you translate ecological data into action. Let’s go beyond checklists—together.

hello@civitynge.com

0208 050 6076

hello@civitynge.com

0208 050 6076

CIVITY NGE Blog

Planning Applications and Biodiversity Net Gain: The Legal Role of Schedule 7A

How to Prepare Your Land for BNG Opportunities: A Practical Checklist

What Happens if BNG Targets Aren’t Met? Exploring the Legal and Financial Risks

Property Developers’ Guide: How Biodiversity Consultancy Prevents Costly Planning Delays

Beyond Checklists: How a Comprehensive Ecological Survey Protects Your Project and the Planet

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