CIVITY NGE Blog

Biodiversity Net Gain (BNG) has become an integral part of the UK planning process. As this approach becomes more widespread, it’s crucial to understand the types of applications to which Biodiversity Net Gain applies. In this blog, we’ll explore the various development types and planning applications where BNG is required, helping you prepare for your next project. Understanding Biodiversity Net Gain Before we delve into specific applications, let’s briefly recap what Biodiversity Net Gain entails. BNG is an approach to development that aims to leave biodiversity in a better state than before. Under the Environment Act 2021 and amendments to the Town and Country Planning Act, most developments will be required to deliver a minimum 10% increase in biodiversity value compared to the pre-development biodiversity value of the development site. For the below application types, a full biodiversity gain plan will be required as part of the planning application. If granted, planning permission will include a condition for a detailed biodiversity gain plan to be submitted for approval. This plan should demonstrate how the development will achieve the mandatory 10% biodiversity net gain, detailing both the pre-development biodiversity value and the post-development biodiversity value. Whilst not required, submitting a draft biodiversity gain plan at the application stage will detail to the LPA what your intended route is from the outset and allow them to comment if they are likely to be in agreement with your finalised plan.  Types of Applications Subject to Biodiversity Net Gain 1. Major Developments Major developments are at the forefront of BNG requirements. These typically include: Residential developments of 10 dwellings or more Residential developments on sites of 0.5 hectares or larger Non-residential developments with a floor space of 1,000 square meters or more Developments on sites of 1 hectare or larger 2. Minor Developments (from 2nd April 2024) Minor developments are not exempt from BNG requirements. These include: Residential developments of 1-9 dwellings Non-residential developments with a floor space under 1,000 square meters For minor developments, developers will need to demonstrate how they’re enhancing biodiversity. Local planning authorities may have specific guidance for minor developments in their area. 3. Outline Planning Applications Outline planning applications, which establish the principle of development without fully detailed plans, are also subject to BNG requirements. At this stage, applicants should provide: An initial assessment of the site’s biodiversity value A strategy for achieving biodiversity net gain Commitment to submitting a detailed biodiversity gain plan at the reserved matters stage 4. Full Planning Applications Full planning applications for developments subject to BNG will need to include a comprehensive biodiversity gain plan. This should detail: The pre-development biodiversity value of the site The proposed post-development biodiversity value How the 10% net gain will be achieved Plans for long-term management and monitoring 5. Reserved Matters Applications For outline permissions granted after BNG becomes mandatory, reserved matters applications will need to include a detailed biodiversity gain plan if not already submitted. This should align with the strategy outlined at the outline stage and demonstrate how the biodiversity gain objective will be met. 6. Retrospective Applications While the specifics are still being finalised, it’s likely that retrospective planning applications (those made after development has commenced or completed) will also need to comply with BNG requirements. This could involve retrospective habitat creation or enhancement to offset any habitat loss. 7. Listed Building Consent Applications for listed building consent may not directly require BNG. However, if the works also require planning permission (e.g., for an extension), then BNG would apply to that aspect of the project. 8. Change of Use Applications Change-of-use applications that require planning permission will generally be subject to BNG requirements. This is particularly relevant where the change of use involves physical alterations that could impact biodiversity. 9. Minerals and Waste Developments Minerals and waste developments often have significant potential for biodiversity enhancement. These applications will typically require a biodiversity gain plan, with opportunities for creating valuable habitats as part of site restoration. 10. Nationally Significant Infrastructure Projects (NSIPs) The Biodiversity Net Gain (BNG) requirement for Nationally Significant Infrastructure Projects (NSIPs) in England is due to be implemented in November 2025. While the specific requirements are still being finalised, it’s expected that NSIPs will need to demonstrate biodiversity net gain, possibly with modified criteria. Special Considerations Phased Developments For phased developments, BNG requirements may apply differently: Each phase might need to demonstrate biodiversity net gain independently An overarching BNG strategy could be developed for the entire project The approach may vary depending on the local planning authority and the nature of the development Small Sites Small sites are not exempt from BNG requirements. A 10% net gain will still need to be demonstrated regardless of the site size. Local authorities might offer guidance on approaches for very small developments, but the core requirement remains. Brownfield Sites Brownfield or previously developed sites are not exempt from BNG. It’s important to note that while some brownfield sites may have lower existing biodiversity value, others can support rare species and priority habitats with a much higher baseline. Each site needs to be assessed individually to determine its true biodiversity value. Irreplaceable Habitats Development proposals affecting irreplaceable habitats are subject to special considerations. While BNG still applies, there may be additional requirements or restrictions due to the unique nature of these habitats. The Role of Local Planning Authorities While national legislation sets the framework for BNG, local planning authorities have significant discretion in how they apply these requirements. Some may: Set higher targets than the national 10% minimum Have specific requirements for certain types of development or areas Offer guidance on preferred approaches to achieving BNG, such as prioritising onsite habitat creation Always check with the relevant local planning authority for their specific policies and requirements, as these may be reflected in emerging local plans or supplementary planning documents. Biodiversity Gain Plans For most applications subject to BNG, a biodiversity gain plan will be required. If granted, planning permission will include a condition for a detailed biodiversity gain plan to be submitted for approval. This should include: Information about the steps taken to minimise adverse effects on habitats The pre-development biodiversity value The proposed post-development biodiversity value Any registered off-site biodiversity gains allocated to the development Any biodiversity credits purchased for the development Off-Site Biodiversity Gains and Statutory Biodiversity Credits Where on-site measures are insufficient to achieve the required net gain, developers may need to consider off-site biodiversity gains. This could involve enhancing biodiversity on other land or purchasing biodiversity units from a third-party provider. As a last resort in the biodiversity gain hierarchy, developers may have the option to purchase statutory biodiversity credits from the government. These will be available when on-site and off-site options have been exhausted. Exemptions and Modified Requirements While this blog focuses on applications where BNG applies, it’s worth noting that there are some exemptions and modified requirements, including: Permitted development Householder applications Developments below the ‘threshold’ Self-build and custom housebuilding projects Urgent crown development However, even for these types of development, considering biodiversity enhancement can bring benefits and may be encouraged by local authorities. Embracing Biodiversity Net Gain Across Development Types As we’ve explored, Biodiversity Net Gain applies to a wide range of planning applications, from major residential developments to changes of use. While the specific requirements may vary, the underlying principle remains constant: development should leave biodiversity in a better state than before. BNG represents not just a regulatory requirement, but an opportunity. It’s a chance to create developments that are more sustainable, more resilient, and more in harmony with the natural world. By integrating biodiversity considerations from the earliest stages of planning, we can create places that are better for both people and wildlife. The application of BNG to such a wide range of development types reflects the growing recognition of the critical role biodiversity plays in our environment, our economy, and our well-being. It challenges us to think differently about development and to see our projects not as isolated from nature but as part of a wider ecological network. As the implementation of BNG continues to evolve, staying informed and prepared will be key. Whether you’re planning a major infrastructure project or a small-scale development, understanding how BNG applies to your application is crucial. By working with ecological experts and local planning authorities, developers can navigate the complexities of BNG and turn potential challenges into opportunities for innovation and positive impact.

Biodiversity Net Gain (BNG) has become an integral part of the UK planning process. However, it’s crucial to understand that there are certain situations where these requirements may not apply or may be applied differently. In this comprehensive guide, we’ll explore the exemptions to mandatory Biodiversity Net Gain and what this means for different types of developments. Understanding Biodiversity Net Gain Before we delve into the exemptions, let’s briefly recap what Biodiversity Net Gain entails. BNG is an approach to development that aims to leave biodiversity in a better state than before. Under the Town and Country Planning Act, most developments are required to deliver a minimum 10% increase in biodiversity value compared to the pre-development biodiversity value of the development site. When Does Biodiversity Net Gain Not Apply to Development? While BNG is becoming a standard requirement, there are several types of developments and situations where these regulations may not apply or may be applied differently. Let’s explore these exemptions in detail: 1. Permitted Development Rights Developments carried out under permitted development rights are generally exempt from BNG requirements. These are types of development that can be performed without needing to apply for planning permission. However, it’s important to note that local planning authorities may still impose conditions related to biodiversity through Article 4 directions. 2. Householder Development Most householder developments, such as extensions or alterations to a single house, are exempt from BNG requirements. This exemption aims to reduce the burden on individual homeowners undertaking small-scale projects. 3. Self-Build and Custom Build Development Self-build and custom housebuilding projects are often exempt from mandatory BNG requirements. This exemption is designed to support individuals and communities in building their own homes without the additional complexity of BNG calculations. 4. Brownfield Sites While not entirely exempt, brownfield sites (previously developed land) may have different BNG considerations. It’s important to note that brownfield sites can sometimes support rare species and priority habitats, so each site needs to be assessed individually. The biodiversity metric takes into account the existing biodiversity value of the site, which can vary significantly for brownfield land. 5. Irreplaceable Habitat The development of irreplaceable habitats, such as ancient woodland, is subject to different rules. These sites are given special consideration due to their unique ecological value. Key points to understand about irreplaceable habitats and BNG include: The 10% net gain requirement does not apply to irreplaceable habitats, as it would be impossible to achieve. Developers must agree to a compensation strategy with the planning authority, informed by ecological expertise. Irreplaceable habitats must be recorded in the biodiversity metric. Planning permission for development that results in the loss of irreplaceable habitat is only granted in exceptional circumstances. If there are no impacts, the enhancement of irreplaceable habitats can contribute to a development’s BNG requirement. 6. Urgent Crown Development Certain urgent developments carried out by or on behalf of the Crown may be exempt from BNG requirements. This exemption is typically limited to developments necessary for national security or emergency response. 7. Existing Planning Permissions Developments with existing planning permissions granted before the mandatory BNG requirements came into effect may not need to comply with the new BNG rules. However, this can depend on the specific conditions of the planning permission and any subsequent amendments. 8. Developments Below the ‘Threshold’ A development that does not impact a priority habitat and impacts less than: 25 square metres (5m by 5m) of on-site habitat 5 metres of on-site linear habitats such as hedgerows 9. Nationally Significant Infrastructure Projects (NSIPs) NSIPs are subject to a different planning regime and have their own biodiversity requirements. While they are not exempt from considering biodiversity, the specific BNG requirements may differ from those applied to other types of development. The BNG requirement for NSIPs in England is due to be implemented in November 2025. The Role of Local Planning Authorities It’s important to note that while these exemptions exist at a national level, local planning authorities have significant discretion in how they apply BNG requirements. Some may choose to impose stricter requirements or apply BNG more broadly than the national minimum. This is often reflected in emerging local plans and supplementary planning documents. Biodiversity Gain Plans and Exemptions Even for developments that are exempt from mandatory BNG, a biodiversity gain plan may still be beneficial. This plan outlines how development will impact biodiversity and what measures will be taken to mitigate these impacts. While not always required, a biodiversity gain plan can demonstrate a commitment to environmental stewardship and may smooth the planning process. Off-Site Biodiversity Gains and Statutory Biodiversity Credits For developments that are not exempt but struggle to achieve biodiversity net gain on-site, off-site biodiversity gains can be an option. This involves creating or enhancing habitats at a different location to compensate for biodiversity losses at the development site. In cases where neither on-site nor off-site gains are feasible, developers may have the option to buy statutory biodiversity credits as a last resort. These credits, provided by the government, can be used to meet BNG requirements. However, this option is typically only available after exhausting other possibilities in the biodiversity gain hierarchy. The Future of BNG Exemptions As the implementation of Biodiversity Net Gain evolves, we may see changes to these exemptions. Government guidance is continually being updated, and local authorities are developing their own policies. It’s crucial for developers and planners to stay informed about these changes. Navigating the Future: Biodiversity Net Gain and Sustainable Development While Biodiversity Net Gain is becoming an integral part of the planning process, it’s clear that a one-size-fits-all approach isn’t always appropriate. The exemptions and modifications to BNG requirements reflect the diverse nature of development projects and the need for flexibility in certain situations. However, even for exempt developments, considering biodiversity can bring significant benefits. It can improve the quality of the development, contribute to local nature conservation efforts, and potentially smooth the planning process. Understanding when Biodiversity Net Gain does not apply to developments is just one piece of the puzzle. The key is to approach each project with a commitment to sustainable development, balancing the needs of people, wildlife, and the planet. For more information about Biodiversity Net Gain and how it applies to specific development projects, it’s advisable to consult with ecological experts and local planning authorities. They can provide tailored advice based on the unique characteristics of each development and its location.