Biodiversity Net Gain: What Small Developments Need to Know Now

Tim Hobern May 28, 2025

Biodiversity Net Gain (BNG) is in force for most major development projects in England, and the rules apply to small development sites too. Whether you’re building one to nine dwellings or converting commercial space, understanding BNG is no longer optional.This post offers a detailed breakdown of “Biodiversity Net Gain: What Small Developments Need to Know Now,” focusing on practical compliance, off-site solutions, and the key ecological concepts behind the policy. What Does Biodiversity Net Gain Mean? Biodiversity Net Gain (BNG) is a planning policy requirement under the Environment Act 2021(the requirement was implemented on February 12, 2024, for most major developments and April 2nd 2024, for most small developments), which ensures development projects leave the natural environment in a measurably better state than before. At its core, BNG involves: Measuring biodiversity on a development site using a statutory biodiversity metric. Calculating how much habitat will be lost or degraded. Designing ways to restore biodiversity on site or, if that’s not possible, via the purchase of biodiversity units or purchasing statutory biodiversity credits. Delivering a minimum of 10% biodiversity gain compared to the baseline habitat value. BNG applies to nearly all planning applications in England, with exemptions of note for permitted developments and householder applications. What’s Different for Small Sites? This can be utilised for small sites if; the site is not considered to be a major development AND it doesn’t contain priority habitats, protected sites, or European protected species. The process is expected to be faster and more proportionate, but still rigorous. Local planning authorities (LPAs) will expect BNG information at planning application stage—including a biodiversity gain plan before final consent. How to Achieve Biodiversity Net Gain To achieve BNG, developers must first understand what habitats are present within the red line boundary of the site. This usually involves a UK Habitat Classification assessment by a qualified ecologist. The small sites metric doesn’t always have to be completed by an ecologist- it can be completed instead by a ‘competent person’. This person needs to be able to decipher the habitats on site and understand how to manage/create/enhance the proposed habitats. Step 1: Identify Existing Habitat If using the statutory biodiversity metric: Ecologists will assess the habitats present on site, as well as their size and condition. If using the small sites metric: An ecologist or a competent person will assess the habitats present on the site and their size. This establishes the baseline biodiversity value, expressed in biodiversity units using the relevant biodiversity metric. Step 2: Apply the Biodiversity Gain Hierarchy This hierarchy helps determine how biodiversity impacts are addressed: Avoid habitat loss wherever possible. Minimise impacts on existing habitats. Restore biodiversity on site through habitat creation or enhancement. Offset unavoidable losses through off-site biodiversity units As a last resort, purchase statutory biodiversity credits. Off-Site Biodiversity Gains: Off-site land A developer may own additional land (off-site) which can be used to deliver the biodiversity units upon. This land will need to be managed and monitored for 30 years. The landowner/developer will be responsible for the delivery of these units. Off-Site Biodiversity Gains: BNG Units Off-site solutions involve securing biodiversity units from: A landowner offering habitat creation projects or habitat restoration. A BNG landbank like Civity’s, where developers can purchase off-site biodiversity units tailored to their needs. Aggregators or brokers with access to off-site units. These off-site gains must be registered on the Natural England Biodiversity Gain Site Register and legally secured via a Section 106 agreement or a conservation covenant. Statutory Biodiversity Credits As a last resort, developers can buy statutory biodiversity credits from the government. These are designed to provide a fallback when no suitable off-site gains are available. However, this route is: Onerous – 2 credits need to be purchased for every 1 unit required Considered less preferable under the biodiversity gain hierarchy. Intended to be used only when all other options are exhausted. Why the Metric Matters The biodiversity metric is the tool that underpins the entire BNG process. It converts habitat type, distinctiveness, size, and condition into area habitat units. This allows LPAs to verify that the required biodiversity gains are delivered. For small developments, the small sites metric simplifies some of the inputs while retaining scientific rigour. It’s essential to use the correct metric version depending on project scale and the habitats and species on site. Legal and Planning Considerations This includes submitting a BNG statement early in the planning process and, before final approval, a full biodiversity gain plan. The Role of Local Planning Authorities LPAs will: Assess the biodiversity value of your development site. Check compliance with the BNG regulations. Ensure off-site BNG is legally secured and appropriately located. Working with your LPA early and transparently can smooth the planning process. Securing BNG Legally BNG must be guaranteed for at least 30 years, whether achieved on site, through off-site solutions, or via credits. Gains secured within your development boundary, or within blue line land (but associated directly with the development), may need to be secured via a SE106 Agreement. Habitat bank providers can legally secure their sites via a SE106 agreement or via a Conservation Covenant. This ensures habitat creation or enhancement is monitored, maintained, and delivered long-term—a key concern for local authorities and communities. Civity’s Role in Supporting Small Developers At Civity, we specialise in helping small development projects navigate the complexity of biodiversity net gain legislation. Whether you need: Help reviewing the biodiversity metric or the small sites metric. Advice on your biodiversity gain plan. Access to reliable off-site biodiversity units. Guidance on working with your local planning authority. …we’re here to support ethical, practical, and timely delivery of BNG outcomes. Our BNG landbank connects all developers to habitat creation sites across England. We work closely with landowners, ecologists, and LPAs to ensure all off-site gains are robust, register-compliant, and tailored to your project’s needs. Key Takeaways for Small Site Developers BNG is already mandatory for small sites- you need to be prepared! Assess your biodiversity value early and understand the habitats present. Use either the small sites metric or the statutory biodiversity metric for small sites (check if you can use it) or the statutory biodiversity metric. Where needed, explore off-site BNG options well in advance. Consider the cost, location, and permanence of all biodiversity units. Avoid relying on statutory biodiversity credits unless necessary. Looking Ahead Biodiversity Net Gain is here to stay, and for small developers, it’s an opportunity, not just a challenge. With early planning, the right ecological partners, and smart use of off-site solutions, you can deliver meaningful biodiversity outcomes and unlock planning consent with confidence. At Civity, we believe small developments can make a big difference for UK species, local communities, and the natural environment—one site at a time. For more support on biodiversity net gain: what small developments need to know now, or to discuss your site and options for off site biodiversity units, contact the Civity team today.

What land is suitable for a BNG habitat bank? key criteria explained

Tim Hobern April 14, 2025

We work with landowners, developers, and local authorities to help deliver Biodiversity Net Gain (BNG) that is legally compliant, ecologically sound, and financially viable. One of the most common questions we receive is: what land is suitable for a BNG habitat bank? In this blog, we explain the key criteria used to assess land for BNG habitat banks, highlight common misconceptions, and explore how land managers can use their own land to support off-site biodiversity gains and sell biodiversity units. What Land is Suitable for a BNG Habitat Bank? Key Criteria Explained A BNG habitat bank is a site where land is set aside for long-term habitat creation, restoration, and enhancement to generate biodiversity units. These units can then be sold to developers who need to achieve BNG when their development site cannot deliver enough on-site biodiversity value. To be eligible, land used for a habitat bank must meet strict BNG requirements under the Environment Act and follow the biodiversity gain hierarchy, which prioritises on site delivery first, followed by off site BNG, and finally the option to buy statutory biodiversity credits. If you’re unfamiliar with how habitat banks work, what is a BNG Habitat Bank? Blog offers a good starting point. Key Criteria for Habitat Bank Suitability Not all land is appropriate for use in a habitat bank – although a lot of land is! Several core criteria determine whether a site can deliver measurable, additional biodiversity gain and be included on the biodiversity gain site register. 1. Low Pre-Development Biodiversity Value Land with low baseline biodiversity (as measured by the biodiversity metric) offers greater potential uplift through habitat restoration or creation. This is key to generating a significant net gain. Intensive arable fields, species-poor grassland, or degraded pasture are often good candidates. Land must be assessed using biodiversity metric calculations to establish the viability of these habitats, which may need verification via soil testing, particularly if grassland habitats are to be proposed. 2. Potential for High-Quality Habitat Creation The site must be ecologically suitable for delivering priority habitats identified in local nature recovery strategies or nature conservation policies. It could be capable of: Supporting habitat types with high distinctiveness or condition Enabling long-term habitat enhancements and enhancing biodiversity Contributing to wider natural capital and nature recovery goals 3. Appropriate Size and Connectivity Typically, the smaller end of the scale for BNG Habitat Bank projects to work is 10-20ha. 4. Suitable Ownership and Management Structure Land must be under the control of a willing land manager or habitat bank operator who can commit to: Registering the site on the Biodiversity Gain site register Entering a legally binding agreement (e.g. SE106 or Conservation Covenant) Ensuring ongoing management and compliance for at least 30 years 5. Clear Legal and Planning Status To be eligible for BNG delivery: The site cannot already be delivering mandatory ecological mitigation or be part of statutory protected sites. The habitat improvements must be additional—not replacing habitats that are already being lost or offset elsewhere. The site must be secured via a legal agreement with a responsible body or Local Planning Authority to lock in biodiversity gain. What Makes a Site Ineligible? Certain land types and scenarios are not suitable for BNG habitat banking: Land already under planning permission or allocated for development Sites with existing, high-quality habitats that cannot be further enhanced Land already under a legal obligation to restore or manage for biodiversity (unless clearly providing additional value) It’s important to avoid double counting or using the same area to meet other regulatory or environmental commitments. If you’re considering stacking income from multiple schemes, here is our guide on what additionality is in BNG. Explaining what qualifies and what doesn’t. Using Your Own Land for Off-Site BNG If you’re a landowner considering how to make your land eligible to provide biodiversity units, there are a few key steps to follow: Assess the Baseline Use the statutory biodiversity metric to measure your pre-development biodiversity. Create a Habitat Bank Operation Plan Identify which habitats will be created/enhanced, managed and monitored as detailed within the HMMP. Ensure alignment with trading rules and biodiversity gain hierarchy Secure Legal Agreements Agree to a conservation covenant or SE106 to ensure long-term delivery. Register the Site Add your land to the National Biodiversity Gain site register. We support landowners through every stage of this process, from initial assessment to securing a legally compliant agreement. Visit our landowners page for more on how we can help. Benefits of Habitat Banks for Landowners and Rural Communities Generate income by selling BNG units to developers Deliver tangible contributions to the natural world and nature recovery Improve land value through habitat management and enhance habitats Support rural communities through conservation-focused land management How Habitat Banks Support Developers For developers—BNG habitat banks offer a streamlined way to: Meet mandatory biodiversity net gain targets Purchase biodiversity units in line with their biodiversity gain plan Offset impacts from development projects where on-site delivery is constrained If you’re unsure how habitat banks and biodiversity gain sites interact with monitoring, our Habitat Management and Monitoring Plan guide can help clarify long-term expectations. Role of Local Planning Authorities and Responsible Bodies Local planning authorities play a crucial role in approving development linked to BNG delivery, ensuring that: On-site and offsite proposals meet legal and ecological criteria via SE106 Agreements BNG is embedded throughout the planning process Responsible bodies are designated to oversee the long-term delivery, compliance, and monitoring of habitat bank sites registered via conservation covenant agreements. Final Thoughts: Choosing the Right Land for a BNG Habitat Bank Understanding what land is suitable for a BNG habitat bank requires careful consideration of ecological value, planning constraints, and long-term management potential. Not every field or woodland will qualify—but with the right conditions and expert support, many sites can become part of the UK’s growing BNG habitat bank network. At Civity, we work with landowners across the country to assess land suitability, prepare Habitat Management Plans, and organise the sale of high-integrity biodiversity units for development projects. For further official guidance, visit Gov. UK’s overview of BNG. Do you have land that could support Biodiversity Net Gain? Contact our team to explore whether it meets the criteria for becoming a successful habitat bank site.

What is a habitat management and monitoring plan? A practical guide for BNG projects

Tim Hobern April 14, 2025

At Civity, we help landowners, developers, and planning authorities deliver meaningful, measurable outcomes under the Biodiversity Net Gain (BNG) framework. One essential document that underpins the long-term success of a BNG project is the Habitat Management and Monitoring Plan (HMMP). In this guide, we answer the key question: What is a Habitat Management and Monitoring Plan? and provide a practical overview of how these plans work, what they must include, and how they support both on site gains and off site biodiversity units in BNG delivery. What is a Habitat Management and Monitoring Plan? A Practical Guide for BNG Projects A Habitat Management and Monitoring Plan (HMMP) is a document that sets out how newly created or enhanced habitats will be managed and monitored over time to achieve the intended biodiversity outcomes. Depending on the habitats proposed, they may form a key part of a developer’s biodiversity gain plan and must be submitted post-consent to discharge the biodiversity gain condition for projects subject to the mandatory biodiversity net gain requirement. HMMP are also required to determine how BNG Habitat banks will be managed and monitored across the 30+ year management period. The HMMP outlines: How each habitat will be created or enhanced The objectives for that habitat The methods and frequency of monitoring Corrective actions if targets are not met Roles and responsibilities (e.g. land owner, responsible body, or competent professional) Why Are HMMPs Required? BNG is not just about calculating a net increase in biodiversity value using the statutory biodiversity metric—it’s about ensuring those gains are delivered and maintained over the long term. That’s where management and monitoring become crucial. The HMMP ensures that both on site and off site gains are managed effectively for a minimum of 30 years, as required by the Environment Act. It also provides assurance to the local planning authority or relevant responsible body that a legally secured plan is in place to support ongoing improvements. When Is an HMMP Required? An HMMP may be required whenever habitat creation or habitat enhancement is used to generate biodiversity units as part of a development’s net gain delivery. Required when: On development at different scale; mostly the medium- large developments, however smaller developments may still have nice habitats on site and may require a HMMP Devising a BNG Habitat Bank scheme For small sites, a simplified approach using the small sites metric may be allowed, but an HMMP is still expected in a standardised and consistent format when requested by the LPA. Key Components of a Habitat Management and Monitoring Plan A well-prepared HMMP follows a standardised format and includes the following elements: 1. Overview and Objectives Site location and context Baseline habitats and condition Constraints for habitat creation and enhancement Target condition or outcomes for each habitat 2. Habitat Details A clear table of proposed habitat types referencing how many units are to be produced Habitat condition targets Timelines for habitat establishment 3. Management Proposals Site-specific actions to maintain and enhance habitats Seasonal considerations (e.g. cutting regimes, grazing, scrub control) Addressing existing habitat pressures 4. Monitoring Plan Frequency and methods for monitoring habitat condition How to monitor habitats against targets Clear triggers for review and remedial actions 5. Roles and Responsibilities Who will manage the site (e.g. landowner, third-party, land managers) Oversight from a Local Planning Authority or responsible body 6. Review and Reporting How the local authority or relevant responsible body will review management proposals When and how reports must be submitted Adjustments in response to findings or site changes 7. Legal and Planning Context Reference to the conservation covenant, or SE106 Reference to the relevant planning permission (if the HMMP relates to significant on-site gains) How HMMPs Work with Other Documents When a HMMP is required to assist in discharging the biodiversity gain condition it may be submitted as a separate document or companion document to the biodiversity gain plan. In all cases, the HMMP must align with the metrics and outcomes promised in the gain plan and reflect the biodiversity gain hierarchy. Where off-site biodiversity gains are delivered, the HMMP must reference the relevant site for any legal restrictions. For a refresher on how additionality plays into off-site delivery, see our guide: What is Additionality in BNG? Income Stacking and Eligibility Explained. Securing Gains Through Legal Agreements To ensure long-term delivery, HMMPs are secured via: SE106 Agreements with a Local Planning Authority (to both secure on-site gains and to secure offsite habitat banks sites) Conservation covenants with a responsible body (to secure offsite habitat banks sites) These legal agreements guarantee delivery over the 30-year management period with enforceable conditions. Learn how we work with landowners to manage legal agreements in our post on BNG Habitat Banks. Who Should Prepare the HMMP? An HMMP should be prepared by a competent professional with relevant ecological expertise and experience in BNG delivery. This ensures that: The monitoring plan template is fit-for-purpose Assessment criteria are realistic and evidence-based Monitoring aligns with expectations from DEFRA and the statutory biodiversity metric For landowners or habitat providers looking to sell off-site units, Civity offers an end-to-end service and will take responsibility for assessing your land and writing the HMMP tailored to your landholding. Civity will then liaise with the Responsible Body/LPA to secure a SE106/Conservation Covenant and then organise the registration of the land on the BNG Register. Civity is your ecological partner for the entire 30-year period, acting as the monitoring ecologist and being responsible for the selling of biodiversity units. Visit our landowners page to learn more. Common Pitfalls to Avoid From our experience across dozens of BNG projects, here are frequent HMMP issues we note: Vague or non-specific management proposals Lack of clarity about roles and long-term management Over-ambitious goals for habitat creation Failure to coordinate across other sites or mitigation obligations HMMP is not updated to reflect changes in planning permission or site conditions If you are to deliver significant on-site gains, our advice is to start your HMMP early in the planning process and ensure it’s reviewed with your ecological consultant, legal advisor, and, where needed, local planning authority. A Note on Format and Templates As part of efforts to ensure a standardised and consistent format, government guidance recommends using a separate template or structure to maintain clarity. At Civity, we produce for our clients a proven monitoring plan template and editable framework that reflects current BNG best practice. You can also access Natural England’s Habitat Management and Monitoring Plan Guidance for further information. Final Thoughts: Embedding Management and Monitoring in BNG A well-prepared HMMP is the linchpin for delivering and sustaining net gain. It transforms a planning application into a long-term commitment to improve biodiversity. Whether you’re working with on-site gains or off-site biodiversity units, your HMMP must be robust, realistic, and ready for review.

What is additionality in BNG? Income stacking and eligibility explained.

Tim Hobern April 14, 2025

At Civity, we work closely with landowners, developers, and local authorities to help deliver Biodiversity Net Gain (BNG) in a way that’s practical, ethical, and legally sound. One of the most common and often confusing topics we encounter is additionality—especially when it comes to stacking environmental payments and understanding what’s eligible within the planning process. In this blog, we explain what additionality means in BNG, why it matters for compliance, and how it affects opportunities for income stacking. If you’re a land manager, developer, or involved in planning decisions, this guide is for you. What is Additionality in BNG? In simple terms, additionality in the context of Biodiversity Net Gain (BNG) means that the biodiversity improvements being proposed must be in addition to what would have happened anyway. You can’t claim BNG units for habitat creation or enhancement that are already legally required or are being delivered under another environmental scheme unless certain strict conditions are met. The mandatory BNG requirement introduced through the Environment Act sets clear expectations for how developers must deliver biodiversity gains above the pre-development biodiversity value of the land. These gains must be measurable using the biodiversity metric, and crucially, they must be additional. Why Does Additionality Matter? The principle of additionality protects the integrity of BNG. It ensures that biodiversity units and biodiversity credits truly represent a net gain for the natural environment rather than double-counting actions already committed under other schemes. Without clear additionality, developers might claim biodiversity benefits for work they were already obligated to do—undermining the biodiversity gain objective and weakening trust in the system. That’s why local planning authorities and Responsible Bodies scrutinise this closely when reviewing a biodiversity gain plan or a site applying to be on the biodiversity gain site register. If you’re new to the concept of habitat banks, our blog is What is a BNG Habitat Bank? Offers a useful introduction. Income Stacking: What You Can and Can’t Combine with BNG Income stacking refers to combining BNG payments with other environmental payments—such as those from carbon markets or public land management schemes. While this can help maximise land use and revenue, it introduces complexity in terms of eligibility and additionality. Here’s a breakdown of what’s typically permitted: Often Compatible with BNG: Woodland Carbon Code: Potentially stackable if clearly delivering additional biodiversity uplift on what was required by the scheme. Voluntary markets: e.g. for carbon or nutrient neutrality, provided gains are quantifiable and not double-counted. ELMs (Environmental Land Management schemes): Some actions may be stackable, especially if the habitat enhancements for BNG go beyond ELM baselines. Usually Not Compatible: Same land, same outcome: You can’t claim BNG and carbon credits for the exact same parcel unless distinct outcomes are achieved. Legal obligations: If enhancements are already required under a planning obligation or planning permission, you can’t use them for BNG units unless an extra value is demonstrably added. Existing habitat maintenance: Actions to maintain another obligation or prevent deterioration of existing habitat do not qualify for BNG units. To be eligible, the biodiversity gains must clearly exceed what’s already being delivered through other means. This includes showing a measurable uplift in biodiversity value using statutory biodiversity metric calculations. Key Terms Around Additionality Double counting: Claiming biodiversity gains for actions already rewarded through another scheme. Same land, same outcome: A scenario where the land area and ecological benefit overlap across schemes, making it ineligible for BNG. Additional value: Demonstrating extra ecological benefit beyond the baseline of another funding stream. These principles are embedded in guidance on off-site biodiversity units and the biodiversity gain hierarchy, which prioritises onsite habitat delivery before turning to off site options. Planning Considerations for Additionality Under the Town and Country Planning Act, the delivery of BNG is linked to the relevant planning permission. That means demonstrating additionality is crucial during the planning process, whether you’re submitting a full application or a phased development. Local planning authorities will expect a clear biodiversity gain statement as part of your planning documents, explaining: The biodiversity baseline and how it was measured What habitat banks or off-site areas are being used (if BNG is not to be fully delivered on-site) How additionality is proven, particularly where other schemes are in place On-site BNG to be delivered as part of a planning application (where the proposed habitats are considered ‘Significant’) will need to be secured via SE106 agreed with the LPA. Offsite BNG delivery (to be delivered via a Habitat Bank) needs to be secured via a Section 106 agreement or a Conservation Covenant—both forms of legal agreement ensuring that habitat management and monitoring continue long-term. Common Scenarios We See Eligible: A landowner creates a new wetland on previously species-poor arable land, not under any existing scheme, and sells BNG units. A woodland planting project using the Woodland Carbon Code is expanded, and a separate biodiversity gain is quantified using biodiversity net gain unit uplift in another habitat zone. Not Eligible: A developer tries to claim they can sell BNG units for habitat enhancement/management on their land. However, these units are already allocated to contribute to their 10% net gain on-site (to enable their onsite planning permission) A land manager signs up to multiple schemes offering payments for the same habitat enhancements on the same parcel. Our Role at Civity We support clients in assessing whether land meets the mandatory BNG requirement and whether it’s suitable for selling biodiversity units through establishing a habitat bank. Our work includes: Helping landowners navigate emerging markets and avoid double-counting Guiding developers through the biodiversity metric and mitigation hierarchy Securing compliant legal agreements to lock in habitat creation and long-term monitoring plans Learn how we can help you sell biodiversity units through the Civity landbank. Where questions arise—particularly in areas like ecosystem service stacking or natural or heritage features—we liaise with DEFRA or legal specialists as needed to ensure compliance. Final Thoughts: Getting Additionality Right Understanding and demonstrating additionality is central to the ability to deliver Biodiversity Net Gain, whether you’re creating units to sell or seeking permission for a development. Our advice? Start early. For developers, that means mapping pre-development biodiversity conditions accurately, using the correct biodiversity metric, and focusing on meeting Biodiversity Net Gain (BNG) requirements in line with planning policy. For landowners creating habitat banks, it’s essential to consider additionality—ensuring proposed habitats deliver gains beyond what’s already legally required or funded elsewhere. Getting this right from the outset helps avoid eligibility issues, supports registration on the biodiversity gain site register, and ensures your project contributes meaningfully to nature recovery. If you’re unsure about your project’s additionality or how to stack other environmental payments, we’re here to help. At Civity, we bring ecology and planning together to support nature-positive outcomes that work—for landowners, developers, and the environment. Looking to sell biodiversity units and develop a BNG Habitat Bank? Get in touch with our team today. For Natural England’s official position, see their Biodiversity Net Gain guidance on GOV.UK.

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.

hello@civitynge.com

0208 050 6076

hello@civitynge.com

0208 050 6076

CIVITY NGE Blog

Biodiversity Net Gain: What Small Developments Need to Know Now

What land is suitable for a BNG habitat bank? key criteria explained

What is a habitat management and monitoring plan? A practical guide for BNG projects

What is additionality in BNG? Income stacking and eligibility explained.

BNG Section 106 Agreement Explained: Legal Requirements & Compliance

Explore

Find us

Contact us

Legal

hello@civitynge.com

0208 050 6076