BNG Section 106 Agreement Explained: Legal Requirements & Compliance

Tim Hobern March 6, 2025

With mandatory biodiversity net gain now in effect under the Environment Act, understanding Section 106 agreements has become crucial for developers, landowners, and local authorities alike. As specialists in BNG solutions, we’ll explain how these planning obligations work within the biodiversity net gain framework and what they mean for your development projects. Understanding Section 106 Agreements in the BNG Context Section 106 agreements, established under the Town and Country Planning Act, have evolved significantly to incorporate biodiversity net gain requirements. These legal agreements now serve as one of the primary mechanisms for securing biodiversity gain objectives and ensuring that long-term habitat enhancement commitments are maintained throughout the development process. An alternative agreement, Conservation Covenants, may also be used. The statutory framework for BNG obligations through Section 106 agreements builds upon the National Planning Policy Framework, which sets the foundation for biodiversity net gain requirements. Local planning authorities must ensure that development proposals and we deliver a minimum 10% increase in biodiversity value compared to pre-development levels. Where habitat creation or enhancement is used to deliver that net gain, this must be maintained for a minimum of 30 years, often requiring ongoing habitat management and ecological monitoring. Section 106 agreements secure this ongoing requirement, tying the specific management and monitoring scheme to the area of land in question and empowering local authorities to monitor and enforce the delivery. Integration with Local Policy Each local authority integrates BNG requirements with their existing local policies, creating a comprehensive approach to biodiversity conservation. This integration ensures that planning obligations support both national requirements and local biodiversity objectives. The result is a robust framework that considers local environmental priorities while meeting statutory requirements. Local planning authorities play a pivotal role in this process, working with developers to ensure that biodiversity gain plans align with local nature recovery strategies. This collaborative approach helps create more effective and locally relevant conservation outcomes. Key Components of BNG Section 106 Agreements A well-structured Section 106 agreement for biodiversity net gain must address several crucial elements. At its core, the agreement outlines how the development will achieve its biodiversity gain objective through a detailed biodiversity gain plan which references a specific habitat management and monitoring plan (HMMP). This plan must clearly demonstrate the pre-development biodiversity value of the site and outline specific measures for habitat enhancement. Perhaps most importantly, the agreement must secure a minimum 30-year management commitment. This long-term perspective is essential for ensuring that biodiversity gains are maintained and enhanced over time, with clear provisions for monitoring and maintenance responsibilities. The Planning Journey The journey through the planning application process begins well before submission. Early consideration of BNG requirements is essential, starting with initial biodiversity metric calculations and preliminary discussions with your ecologist. These early stages set the foundation for successful outcomes. During the application stage, developers working on simple sites only technically need to report the following as a minimum: the existing baseline habitats on site. However, especially in the case of complex sites, it is very prudent to frontload your BNG considerations. Calculating BNG from early proposals and formulating a draft or preliminary BNG plan is a great way to make sure you’re heading in the right direction. In some cases, particularly sensitive sites, local planning authorities will also require a bit more information than the bare minimum; providing them with this improves the planning application process and highlights any potential issues or bespoke requirements at an early stage while your plans are still fluid. Since Section 106 agreements are made in principle as part of the application stage, the local authority may NEED to know what’s coming in the post-consent stage so that Section 106 includes relevant sections or flexibility for those sections to be added. Early consideration also enables early review of cost and options for the next stage: implementation. Once planning permission is granted, the focus shifts to implementation. If creating habitats within your redline boundary, these need to be secured and the 30-year process outlined in a management plan; if biodiversity offsetting is involved, this includes registering on the biodiversity gain site register, initiating habitat enhancement measures, and beginning the long-term monitoring process. Either way, a legal agreement such as Section 106 will be needed to secure the proposed habitat works. Each step must be carefully documented and reported to relevant authorities. Ensuring Compliance Compliance with BNG obligations requires ongoing attention and commitment. Local planning authorities maintain oversight through regular monitoring and enforcement via the Section 106 agreement. They also maintain local land charges records and provide guidance as needed to ensure successful implementation. Developers bear significant responsibilities in this process. Beyond implementing agreed measures, they must maintain enhanced habitats and provide regular reports to authorities. This ongoing commitment ensures that biodiversity gains are realised and maintained over the required 30-year period. Alternative Approaches While Section 106 agreements are the primary mechanism for securing BNG commitments, alternative approaches may be appropriate in certain circumstances. Conservation covenants, for example, can complement or sometimes replace Section 106 agreements, offering more direct agreements with responsible bodies and simplified enforcement mechanisms. Either way, all legitimate biodiversity banks need to be secured and enforced by either a Conservation Covenant or a Section 106 Agreement. Some examples of Section 106 agreements for BNG are available here. In cases where neither on-site nor off-site gains are feasible, statutory biodiversity credits may provide an alternative pathway to compliance. However, these should be considered only after exhausting other options within the biodiversity gain hierarchy. Looking Forward The landscape of biodiversity net gain continues to evolve, with ongoing updates to planning practice guidance and the biodiversity metric. Staying informed about these changes, along with developments in the biodiversity unit market and management solutions, is essential for successful compliance. Conclusion Section 106 agreements represent a crucial tool in securing meaningful biodiversity net gain commitments. Understanding and effectively implementing these legal requirements is essential for successful development project delivery and long-term environmental benefits. Take the next step in your BNG journey: Call our specialist team on 0208 050 6076 Email us at hello@civitynge.com Visit us at 3a Orbis Wharf, Bridgers Court Road, SW11 3GW Let Civity guide you through the complexities of BNG Section 106 agreements, ensuring your development project achieves full compliance while contributing to meaningful environmental enhancement. Frequently Asked Questions How long does it take to negotiate a BNG Section 106 agreement? The negotiation timeline varies depending on project complexity and local authority requirements, typically ranging from 8-12 weeks. Early engagement with planning authorities and clear biodiversity gain plans can help streamline the process. Can Section 106 agreements be modified after approval? Yes, modifications are possible through formal variation procedures, but changes must maintain the original biodiversity gain objectives and secure appropriate alternative arrangements if necessary. What happens if a developer fails to meet BNG obligations? Non-compliance with Section 106 BNG obligations can result in enforcement action by the local planning authority, potentially including legal proceedings, fines, and requirements for remedial action. Note: This guidance reflects current regulations as of February 2024. As BNG requirements continue to evolve, specific details may change. Always consult with BNG specialists for the most up-to-date advice.

What Is a BNG Habitat Bank? A Guide for Developers & Landowners

Tim Hobern March 6, 2025

Since the Environment Act made biodiversity net gain mandatory, habitat banks have become a crucial component in delivering the UK’s environmental objectives. We’re often asked to explain what habitat banks are and how they benefit both developers and landowners. This comprehensive guide will walk you through everything you need to know about BNG habitat banks. Understanding Habitat Banks A habitat bank is a site where habitat creation and enhancement take place specifically to generate biodiversity units that can be sold to developers. These sites play a vital role in providing off-site biodiversity gains when developers cannot achieve sufficient biodiversity net gain within their development site. The concept is straightforward: landowners create or enhance natural habitats on their land, generating biodiversity units that developers can purchase to meet their planning obligations. These units are calculated using the statutory biodiversity metric, ensuring a standardised approach to measuring biodiversity value. Habitat banks serve multiple purposes within the biodiversity net gain framework. They not only provide a source of standardised biodiversity units but also support local nature recovery strategies while creating and enhancing natural habitats. Many developers offer an efficient solution for achieving off-site biodiversity gains when on-site options are limited. Benefits for Developers For developers seeking planning permission, habitat banks represent a practical and efficient pathway to achieving biodiversity net gain requirements. Rather than managing habitat creation themselves, developers can purchase off-site units from established habitat banks. This approach significantly reduces the complexity of achieving biodiversity gain and provides certainty in meeting planning obligations. The flexibility offered by habitat banks is particularly valuable when enhancing on-site habitats isn’t feasible or when additional units are needed to complement existing measures. Time constraints often make habitat banks an attractive option, especially when compared to the complexities of establishing new habitats within the development site itself. Opportunities for Landowners Landowners considering becoming habitat bank operators have a unique opportunity to contribute to environmental conservation while generating sustainable income. The financial benefits extend beyond simply selling biodiversity units; there’s potential for additional environmental payments and significant value addition to existing land. Successful habitat bank operation requires careful attention to both initial creation and ongoing management. Landowners must commit to enhancing habitats through targeted interventions and maintaining them through regular monitoring. This long-term approach ensures the ecological value of the site continues to meet or exceed the requirements set out in the original assessments. Setting Up a Habitat Bank The process of establishing a habitat bank begins with careful site selection. Landowners must consider not only the existing habitat quality but also the potential for enhancement. The size and location of the site matter significantly, particularly its proximity to protected sites and its role within local nature recovery strategies. Before beginning any habitat creation work, a comprehensive baseline habitat survey is essential. This survey, combined with biodiversity metric calculations, provides a clear picture of the site’s current ecological value and its potential for improvement. These assessments form the foundation of the habitat bank’s management plan and help determine the number of biodiversity units that can be generated. Management and Monitoring Long-term commitment is at the heart of successful habitat banking. Operators are legally responsible for maintaining the site for a minimum of 30 years, with regular monitoring and reporting requirements. This commitment is typically secured through a conservation covenant, which provides legal protection for the enhanced habitats. A robust habitat management and monitoring plan is crucial. This should detail specific enhancement targets, maintenance schedules, and performance indicators. The plan must be adaptable, allowing for adjustments based on monitoring results while maintaining the overall ecological objectives. The Role of Local Authorities Local planning authorities play a pivotal role in the habitat banking system. They oversee biodiversity gain plans, implement local nature recovery strategies, and ensure compliance with legal agreements. Their involvement helps maintain the integrity of the system and ensures that habitat banks contribute meaningfully to local conservation objectives. Unit Pricing and Market Considerations The value of biodiversity units varies based on several factors, including location, habitat type, and market demand. Local authority requirements and management costs also influence pricing. As the private market for biodiversity units continues to mature, we’re seeing increasing sophistication in pricing mechanisms and market dynamics. Legal Frameworks and Agreements Conservation covenants with a Responsible Body, or Section 106 Agreements with a Local Planning Authority, form the legal backbone of habitat banking arrangements. These binding agreements ensure long-term habitat protection and clearly define responsibilities for all parties involved. For developers purchasing units, appropriate legal agreements must be secured prior to or as part of the purchase agreement to ensure that the transaction is valid. This is also a requirement of the Biodiversity Gains site register, where all such habitat banks and offsetting agreements need to be registered. Moving Forward with Habitat Banks Whether you’re a developer looking to meet BNG requirements or a landowner exploring new opportunities, understanding habitat banks is crucial in today’s environmental landscape. The key to success lies in thorough preparation, professional support, and a clear understanding of long-term commitments. For developers, the journey begins with assessing BNG requirements and exploring local habitat bank options. Landowners should start by evaluating their land’s potential and seeking professional ecological guidance on habitat creation and enhancement possibilities. Conclusion Habitat banks represent a crucial mechanism for delivering biodiversity net gain in the UK. As the market continues to evolve, we expect to see further innovations in management techniques, monitoring technologies, and market platforms. The future of habitat banking looks promising, with increasing opportunities for both developers and landowners to contribute to environmental conservation while meeting their respective objectives. Ready to explore your BNG options? Contact our specialist team today: Call us on 0208 050 6076 Email hello@civitynge.com Visit our office at 3a Orbis Wharf, Bridgers Court Road, SW11 3GW. Take the first step towards your BNG journey with Civity – your trusted partner in biodiversity net gain solutions. Frequently Asked Questions How much land do I need to create a BNG habitat bank? While there’s no strict minimum size requirement for habitat banks, we typically recommend sites of at least 6-10 hectares to make the initial creation and ongoing management commercially viable. The land should have the potential for habitat enhancement and be suitable for long-term management. Larger sites often offer better opportunities for creating complementary habitats and achieving higher biodiversity value. What is the process for registering land as a habitat bank? Registering land as a habitat bank involves several key steps. First, you’ll need a baseline habitat survey and biodiversity metric calculation to assess your land’s current value. Then, you must develop a habitat management and monitoring plan, secure a conservation covenant with a responsible body, and register your site on the Biodiversity Gain Site register. Local planning authority approval is also required before you can begin selling biodiversity units. How long does it take to start selling biodiversity units from a habitat bank? The timeline from initial registration to selling units typically takes 6-12 months. This includes conducting the baseline habitat survey (1-2 months), developing management plans (2-3 months), securing legal agreements (2-3 months), and completing the registration process (1-2 months). However, initial habitat creation work must be completed before units can be sold, which may extend this timeline depending on the specific enhancement plans. Can I use the same land for other environmental payment schemes? Yes, it’s possible to stack certain environmental payments with BNG habitat banking, but this requires careful planning and transparency. You must clearly demonstrate which environmental improvements are generating which payments and ensure there’s no double-counting of benefits. Each scheme’s requirements and restrictions must be carefully considered, and all payment arrangements should be disclosed to relevant authorities. What ongoing management responsibilities come with running a habitat bank? Operating a habitat bank requires a minimum 30-year commitment to habitat management and monitoring. This includes implementing the agreed habitat management plan, conducting regular ecological surveys, submitting monitoring reports to the local planning authority, and maintaining or improving the site’s biodiversity value. You’ll be legally responsible through the conservation covenant for meeting these obligations and will need to budget for ongoing management costs. Note: This guide reflects current regulations and market conditions as of February 2024. As the BNG framework continues to evolve, specific details may change. Always consult with BNG specialists for the most up-to-date guidance.

Understanding BNG Units and BNG Credits: Key Differences Explained

Tim Hobern March 6, 2025

Since the Environment Act made biodiversity net gain (BNG) mandatory in February 2024, we’ve received numerous queries about the distinction between BNG units and statutory biodiversity credits. As experts in delivering biodiversity net gain solutions, we’re here to clarify these crucial concepts and help you navigate the BNG market effectively. The Fundamentals of Biodiversity Net Gain The concept of biodiversity net gain has transformed how we approach development in the UK. At its core, BNG requires development projects to enhance natural habitats and increase biodiversity value by at least 10% compared to pre-development levels. This improvement can be achieved through several approaches within the biodiversity gain hierarchy, starting with on-site habitat creation and enhancement, moving to off-site biodiversity gains through habitat banks, and finally, using statutory biodiversity credits as a last resort. Biodiversity Units (BUs) Explained BNG units represent the cornerstone of biodiversity net gain, serving as a measurable currency for habitat improvement. As authorised sellers of BNG units, we work closely with land managers and developers to facilitate these improvements through carefully planned habitat creation and enhancement projects. Exactly how much land one BNG unit equates to depends on three things for existing habitats: – distinctiveness (the type of habitat); – condition (what kind of state is that particular habitat parcel in); and – strategic significance (the habitat contained within a strategic area for biodiversity). One hectare of arable land is usually valued at around 2 biodiversity units; while a hectare of top quality lowland mixed deciduous woodland in a strategic area could be worth as many as 20.7 BUs. The creation of BNG units involves a comprehensive process that begins with detailed biodiversity metric calculations. These calculations help us understand the baseline biodiversity value and potential for improvement. We then establish conservation covenants and develop long-term habitat management plans, ensuring that the enhanced biodiversity value is secured and maintained for generations to come. All of our units are registered on the Biodiversity Gain Site register, providing transparency and accountability in the private market. Speaking of the private market, BNG units offer several distinct advantages over statutory credits. They’re more cost-effective, they can be produced locally, and by working with a provider such as ourselves, you can see exactly where your money is going. Perhaps most importantly, they directly contribute to local nature recovery and support natural ecosystems, often leading to significant on-site gains that benefit both the developer and the local environment. Understanding Statutory Biodiversity Credits Statutory biodiversity credits, provided by Natural England, serve a different purpose in the BNG framework. These credits are designed as a last resort within the biodiversity gain hierarchy, coming into play only when other options have been exhausted. They’re characterised by fixed pricing set by the UK government and typically come at a premium compared to private market units. At the time of writing, statutory credits start at £42,000 per credit, which means an effective start price of £84,000 each (since two must be purchased for every one unit required). This compares with a market-led pricing for BNG units which generally fall between £20,000-£35,000 per unit for the same type of habitat. There are specific circumstances where statutory credits might become necessary. These include situations involving irreplaceable habitats, time-sensitive projects, or nationally significant infrastructure projects. They also serve as a backup option when local BNG units aren’t available in a particular area. The Process of Purchasing BNG Units Our approach to selling BNG units prioritises clarity and efficiency. We review your metric results and provide a simple quote. Our quotes allow for partial units (to 4 decimal places). All reporting and registration costs necessary to discharge your planning obligations for the offset are included, and no ongoing commitment, liability, or payment is required following purchase. Working with Local Planning Authorities Our extensive experience working with local authorities has taught us that early engagement is crucial for success. Different authorities may have varying requirements, and we are well-versed in working with local authorities to guide them through the offsetting process along with developers. We’ve found that securing planning permission is made easier by having robust BNG arrangements in place from the outset. The Growing BNG Market The introduction of mandatory biodiversity net gain requirements has created a dynamic market for off-site biodiversity units. We’re witnessing increasing demand for habitat banks and the development of new off-site BNG land. As the market evolves, pricing structures are becoming more sophisticated, and there’s an enhanced focus on sustainable habitat restoration practices. See our current price list here. Special Considerations for Developers The decision between on-site BNG, off-site gains, or statutory credits carries significant implications for developers. Timeline considerations are particularly crucial, as different approaches can impact planning application requirements, development site constraints, and habitat creation timeframes. Financial planning must account for unit costs versus credit prices, as well as long-term management commitments and potential returns on investment. Future of BNG Units and Credits Looking ahead, we anticipate significant evolution in the BNG market. We expect to see increased availability of off-site units, accompanied by more sophisticated habitat management approaches. Enhanced monitoring systems will likely emerge, and we may see greater integration between BNG units and other environmental markets, such as nutrient credits. How We Can Help At Civity, we’ve positioned ourselves at the forefront of the BNG market, specialising in providing off-site biodiversity units and facilitating habitat creation projects. Our expertise extends to supporting biodiversity gain objectives, managing habitat banks, and advising on BNG requirements. We understand the complexities of the system and work diligently to find the most effective solutions for our clients. Conclusion The distinction between BNG units and statutory biodiversity credits represents more than just a technical difference in how biodiversity net gain is achieved. While both mechanisms serve to deliver biodiversity net gain, units from the private market often provide more cost-effective solutions and the ability to ensure that those solutions are local to your development site. The choice between units and credits should ultimately weigh heavily in favour of units, with credits generally only to be used as a last resort when no units of the required type are available. If you’re seeking to achieve BNG requirements for your development site or are interested in creating habitat banks, we’re here to help. Our team of specialists can guide you through biodiversity metric calculations, habitat creation planning, legal agreements, and long-term management strategies. Contact us today to discuss your BNG needs and explore the most effective path forward for your project. Frequently Asked Questions About BNG Units and Credits What’s the difference between BNG units and biodiversity credits? BNG units are created in the private market through habitat creation and enhancement projects, typically offering more cost-effective solutions for developers. Biodiversity credits, on the other hand, are provided by Natural England as a last resort option when private market units aren’t available. How much do BNG units cost compared to statutory credits? BNG units from the private market are typically more cost-effective than statutory credits. At the time of writing, statutory credits start at £42,000 per credit, which means an effective start price of £84,000 each (since two must be purchased for every unit required). This compares with market-led pricing for BNG units, which generally fall between £20,000 and £35,000 per unit for the same type of habitat. While exact prices vary based on location, habitat type, and market conditions, private market units often provide better value for money as they’re subject to market competition. Statutory credits are fixed-price and generally more expensive to encourage private market solutions. Can I mix BNG units and statutory credits for my development? Yes, you can use a combination of both BNG units and statutory credits to meet your biodiversity net gain requirements. However, the biodiversity gain hierarchy encourages developers to first maximise on-site gains, then seek off-site biodiversity units, and only use statutory credits as a last resort. How long does it take to secure BNG units? The timeline for securing BNG units varies depending on unit availability, location, and specific project requirements. If creating your own biodiversity units, the process takes several months to complete, including initial assessment, legal agreements, and registration. We recommend starting the process early in your development planning to ensure smooth integration with planning applications. When purchasing from a provider such as Civity, full costs can usually be confirmed on the same day, and the entire process can be completed within a few days. We also have long-term conditional sale options for both projects and habitat banks that are still in the pipeline. What happens to BNG units after purchase? Once purchased, BNG units are legally secured through conservation covenants and planning obligations. The habitat improvements that generate the units must be maintained for at least 30+ years, with regular monitoring and management to ensure biodiversity gains are achieved and maintained. If units are purchased from Civity, we take care of the ongoing monitoring and management requirements; there is no need for ongoing involvement or commitment from the developer. Can I sell BNG units from my own land? Yes, landowners can create and sell BNG units from their own land if they meet certain criteria. This requires registering the land on the biodiversity gain site register, creating a habitat management plan, and entering into necessary legal agreements. We can guide you through this process to maximise your land’s potential. How are BNG units calculated? BNG units are calculated using the statutory biodiversity metric, which considers factors such as habitat type, condition, size, and strategic significance. The calculation process requires ecological expertise and must be carried out by qualified professionals using the latest version of the metric tool. Do small development sites need BNG units? Yes, since April 2024, most development sites, including smaller ones, require biodiversity net gain. However, the approach to achieving BNG may vary depending on the site size and circumstances. Small sites might find off-site solutions through BNG units that are particularly practical. Note: This article reflects the current state of BNG regulations as of February 2024. As the market continues to evolve, specific details may be subject to change. Always consult with BNG specialists for the most up-to-date information and guidance.

Biodiversity Net Gain Maintenance Period: What to Expect Over Next 30+ Years

Tim Hobern January 6, 2025

As mandatory biodiversity net gain (BNG) becomes more established across England, it’s crucial to understand the implications of the biodiversity net gain maintenance period. At Civity, we help provide off-site biodiversity units while ensuring sustainable ecological value through our landowner partnerships. Understanding Long-Term Requirements The biodiversity net gain regulations mandate that biodiversity gains must be maintained for at least 30 years after planning permission is granted. This applies to both small sites and major developments, covering: Post-development biodiversity value maintenance Ongoing habitat management Monitoring of biodiversity gains Compliance with biodiversity gain objectives The Planning Process Framework Local planning authorities ensure compliance through the following: Review and approval of biodiversity gain plans Planning practice guidance Planning obligations Managing Different Development Scenarios Major Developments Major developments need to be considered: Phased development approaches Redline boundary considerations Integration with existing local policies Detailed biodiversity gain plans Small Sites Smaller projects require: Proportionate monitoring requirements Practical ongoing management solutions Achievable enhancement targets Key Components of Management 1. Biodiversity Metric Assessments The statutory biodiversity metric compares: Pre-development biodiversity value Post-development biodiversity value Net gain achievement or net loss 2. Habitat Management Plans Comprehensive plans must address the following: Early Stages Initial habitat creation Habitat establishment Long-Term Management Habitat maintenance Ongoing compliance Ecological value improvements Legal Frameworks and Agreements Management is secured through either: Section 106 Agreements with Local Planning Authorities Conservation Covenant agreements with Responsible Bodies Development Proposals and Implementation For relevant planning applications, consider: Development process requirements Biodiversity gains hierarchy compliance Integration with existing habitats Off-site biodiversity gains management Financial Planning If biodiversity net gain is to be delivered on-site, long-term funding must cover: Habitat management costs Monitoring and reporting Professional ecological guidance Contingency funding for rectification requirements How Civity Supports Off-Site BNG Our role focuses on: Providing off-site biodiversity units Supporting documentation for purchased units Working with landowners who manage sites Ensuring proper long-term management agreements Conclusion The 30+ year biodiversity net gain maintenance period represents a significant commitment. Whether you need off-site biodiversity units for your development or are exploring options for meeting BNG requirements, we can help provide the units you need through our established landowner partnerships. Contact us to discuss your off-site biodiversity unit needs and how we can support your long-term biodiversity net gain requirements. 3a Orbis Wharf, Bridgers Court Road, SW11 3GW hello@civitynge.com 0208 050 6076 Frequently Asked Questions How do biodiversity net gain requirements affect planning permission for development sites? When submitting planning applications, developers must demonstrate how they’ll achieve a minimum 10% biodiversity net gain through their biodiversity gain plan. Your ecological consultant will calculate pre-development biodiversity value using the statutory biodiversity metric and show how post-development biodiversity value will be enhanced and maintained throughout the 30-year maintenance period. Local planning authorities will only grant planning permission when satisfied that the development proposals meet the biodiversity gain objective and include appropriate legal agreements for long-term management. What options are available if we can’t achieve biodiversity gains within our development’s red-line boundary? If you can’t deliver sufficient biodiversity net gain on-site, you have several options following the biodiversity gain hierarchy. These include purchasing off-site biodiversity units from providers like Civity, who work with landowners to deliver long-term habitat management. As a last resort, statutory biodiversity credits may be available through Natural England when no other options are viable. How are off-site biodiversity gains maintained over the 30+ year period? For off-site biodiversity units purchased through Civity, we work with landowners who take responsibility for habitat management under formal agreements. Our sites operate through these landowner partnerships, ensuring proper maintenance throughout the 30-year period. Regular monitoring and reporting ensure compliance with requirements. What happens if habitat management requirements change during the biodiversity net gain maintenance period? The ongoing management of biodiversity gains must adapt to changing conditions while maintaining the committed biodiversity value. For off-site units purchased through us, our landowner partners work within the framework of their management agreements to maintain required biodiversity values throughout the maintenance period.

Off-Site Biodiversity Net Gain Solutions: Finding the Right Strategy

Tim Hobern January 6, 2025

The Environment Act has established mandatory biodiversity net gain requirements for most developments under the Town and Country Planning Act. When on-site solutions aren’t sufficient to deliver the required 10% biodiversity net gain, developers need reliable off-site biodiversity units. At Civity, we specialise in providing these units to help meet your BNG requirements. Understanding When You Need Off-Site Solutions The journey to securing off-site biodiversity units typically begins after: Your ecological consultant has completed site assessments Initial biodiversity metric calculations show a net loss On-site enhancement opportunities have been explored The need for off-site units has been clearly established Important Exemptions Some developments have existing legal protections or exemptions from BNG requirements, including: Certain Nationally Significant Infrastructure Projects Sites with specific planning obligations already in place Developments affecting sites with particular environmental designations may require a bespoke approach Our Approach to Off-Site Biodiversity Units Accessible Solutions We’ve designed our services to make off-site biodiversity net gain accessible to all developments: Minimum unit sales starting from 0.1 units Calculations precise to 4 decimal places Transparent unit pricing Clear documentation for planning submissions Sustainable Management Model To ensure long-term delivery of biodiversity net gain, we operate through: Habitat management agreements with landowners Direct landowner responsibility for management Secure legal agreements for long-term gains Regular oversight of biodiversity value maintenance Working in partnership with landowners to ensure the best outcomes for ecology The Planning Process and Our Role What We Do Provide off-site biodiversity units Supply comprehensive unit purchase documentation Review unit-related information in biodiversity gain plans Support accurate recording of off-site gains What Others Do Ecological Consultants Conduct site assessments Calculate biodiversity metric scores Prepare biodiversity gain plans Recommend appropriate solutions Local Planning Authorities Validate biodiversity gain plans Ensure compliance with objectives Monitor overall delivery (when BNG is delivered on-site and/or if the offsite land bank is registered via a SE106 agreement with the LPA) Maintain gain site records Legal Framework and Requirements Successful off-site biodiversity net gain delivery requires: Conservation covenants or Section 106 Agreements Minimum 30-year management commitments Clear documentation of gains Proper recording of obligations Making the Right Choice Key Considerations When exploring off-site biodiversity units, consider the following: Required units based on metric calculations Available off-site gains Cost-effectiveness Liability for delivery of units Supporting Your Planning Process While we don’t prepare planning applications or biodiversity gain plans, we provide: Detailed unit purchase information Documentation for planning submissions Information for biodiversity gain plan inclusion Ready to Explore Off-Site Solutions? If your ecological assessment has identified the need for off-site biodiversity units, we’re here to help. Our team can discuss current unit availability, guide you through purchase requirements, explain necessary documentation, and help you understand how our units integrate with your planning submission. Contact us: 3a Orbis Wharf, Bridgers Court Road, SW11 3GW hello@civitynge.com 0208 050 6076 Through our focused approach to off-site biodiversity net gain solutions, we help developers meet their BNG requirements while ensuring long-term biodiversity value through sustainable management partnerships. Our commitment to accessibility, transparency, and proper documentation makes securing off-site biodiversity units straightforward and efficient. FAQs: When in the planning process, should I seek off-site biodiversity units? You should seek off-site biodiversity units following your ecological consultant’s completion of their assessment and identification of a net loss requiring off-site biodiversity gains. We get involved after the initial biodiversity metric calculations are complete and the need for off-site units is established. What is the minimum number of biodiversity units available for off-site biodiversity net gain? To make off-site biodiversity net gain accessible, we offer unit sales starting from as small as 0.1 units, with calculations carried to 4 decimal places. This helps minimise costs while ensuring compliance with mandatory biodiversity net gain requirements. How is long-term land management handled for off-site biodiversity gains? Our off-site biodiversity gains are delivered through habitat management agreements with landowners. These landowners take direct responsibility for land management, supported by legal agreements that secure the biodiversity gains for at least 30 years. Can you help with biodiversity gain plans for local planning authorities? While we don’t write or validate biodiversity gain plans, we can review sections specifically relating to units purchased from us to ensure accuracy. Your ecological consultant will prepare the overall biodiversity gain plan, which the local planning authority will then validate.

hello@civitynge.com

0208 050 6076

hello@civitynge.com

0208 050 6076

CIVITY NGE Blog

BNG Section 106 Agreement Explained: Legal Requirements & Compliance

What Is a BNG Habitat Bank? A Guide for Developers & Landowners

Understanding BNG Units and BNG Credits: Key Differences Explained

Biodiversity Net Gain Maintenance Period: What to Expect Over Next 30+ Years

Off-Site Biodiversity Net Gain Solutions: Finding the Right Strategy

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