CIVITY NGE Blog

Under the Town and Country Planning Act, biodiversity net gain (BNG) has become a mandatory requirement that local planning authorities must consider before granting planning permission for new development projects. This fundamental shift in development management procedure means that planning permissions will only be granted when proposals can demonstrate a minimum 10% biodiversity gain compared to the site’s existing biodiversity value. Understanding BNG in Planning The introduction of mandatory biodiversity net gain will be rolled out in phases, from what has already begun in February 2024, and fully transforming how planning permission is obtained by 2025. Initially, this requirement applies to major developments, with the scope expanding to include almost all development projects by 2025 – from small sites to nationally significant infrastructure projects. Local planning authorities will carefully scrutinise how development proposals impact natural habitats. Planning conditions will specifically address biodiversity requirements, and green infrastructure must demonstrably support biodiversity enhancement within the development site. Understanding how many biodiversity units your development needs is crucial for preparation. The statutory biodiversity metric provides a standardised calculation method, considering factors such as existing habitat and its condition, habitat presence and its strategic significance, and potential for enhancement. This metric tool calculation helps determine both the current biodiversity value and the improvements that will be required for planning permission approval once the requirements come into force. The Planning Process Under BNG Successful navigation of the planning process begins with thorough pre-application preparation. Developers must evaluate existing biodiversity within their red-line boundary and develop a clear strategy for achieving the required gains. Early engagement with the planning team, and specifically consultant ecologists and local planning authorities, provides crucial guidance on local requirements and expected planning conditions. The biodiversity gain hierarchy guides decision-making throughout the planning process: First, explore opportunities to create biodiversity on-site through habitat creation, enhancement of existing natural habitats, and integration of green infrastructure. When on-site opportunities are limited, consider off-site biodiversity gains through purchasing biodiversity units or establishing legal agreements with landowners. As a last resort, statutory biodiversity credits through Natural England may be necessary to meet requirements. On-Site Solutions and Enhancement Creating biodiversity on-site represents the preferred approach for meeting BNG requirements. Successful integration of natural habitat enhancement with development plans can include sustainable drainage features, tree planting, and the creation of new habitats. This approach offers direct control over outcomes and often simplifies the planning process. While on-site biodiversity gains can provide certain advantages, they represent just one option available to developers. Enhanced green infrastructure may contribute to site sustainability and user experience, though this needs to be weighed against practical considerations and project requirements. When implemented, long-term management commitments must be maintained throughout the mandatory 30-year period to ensure continued biodiversity outcomes. Off-Site Solutions When Needed When development sites present limited opportunities for biodiversity enhancement, off-site solutions provide an alternative approach. Off-site biodiversity units can be purchased through authorised providers who assume full responsibility for creating, maintaining, and monitoring natural habitats for the mandatory 30-year period. This transfers long-term management obligations away from the developer to the unit provider, who specialises in habitat enhancement and conservation. Working with environmental organisations or land managers to secure off-site gains can provide a clear path to achieving biodiversity targets. These arrangements require proper legal agreements and must demonstrate benefits for local conservation efforts. While statutory biodiversity credits remain available as a last resort through Natural England, local planning authorities generally prefer solutions that deliver biodiversity benefits within their jurisdiction. Essential Documentation for Planning Permission Securing planning permission requires comprehensive documentation centred around the biodiversity gain plan. This crucial document must detail the following: Current habitat assessment and biodiversity value Proposed enhancement measures and creation Metric tool calculations demonstrating a 10% gain and fulfilling the trading requirements Long-term management commitments Monitoring arrangements Supporting evidence should include ecological surveys, detailed design proposals, and management plans that demonstrate commitment to maintaining biodiversity value. These documents form part of the planning conditions and provide a reference point for compliance monitoring throughout the development project. Working with Local Planning Authorities Success in navigating planning requirements depends heavily on effective collaboration with local planning authorities. Early engagement helps developers understand specific local requirements and align their proposals accordingly. Regular communication throughout the application process helps address concerns promptly and maintains momentum in the planning process. Local planning authorities appreciate applications which demonstrate a clear understanding of BNG requirements and present well-documented proposals aligned with local biodiversity objectives. This collaborative approach often results in more favourable planning outcomes and achievable implementation timelines. Overcoming Common Challenges Space constraints within development sites often present significant challenges for achieving BNG requirements. Innovative approaches such as vertical greening systems, roof gardens, and creative habitat enhancement can help deliver biodiversity value even in tight urban spaces. These solutions can satisfy planning conditions while maximising development potential. Cost management remains crucial in BNG implementation. Early assessment of enhancement options allows developers to build realistic budgets and explore cost-effective solutions. Value engineering can identify approaches that deliver required biodiversity gains while maintaining project viability. Long-term Success and Management Future-proofing development projects requires careful attention to long-term management commitments. Successful biodiversity gain plans include clear provisions for ongoing monitoring and maintenance, ensuring enhanced habitats continue to deliver intended biodiversity value throughout the mandatory period. Regular monitoring helps identify and address issues before they impact compliance with planning conditions. Adaptive management approaches allow for adjustments based on habitat performance, ensuring sustained biodiversity improvements over time. Navigating BNG: Your Path to Planning Permission Success The integration of biodiversity net gain into the planning permission process represents a fundamental shift in development practices. Success requires developers to embrace this change, planning effectively for biodiversity enhancement from the earliest stages. Understanding these requirements and working proactively with local planning authorities helps ensure smooth approval processes and successful outcomes. Whether pursuing on-site gains or exploring off-site biodiversity units, early engagement with experts and local authorities helps identify the most appropriate path forward. As the industry adapts to these requirements, developers who embrace the opportunities presented by BNG often create more valuable and sustainable developments that benefit both their commercial objectives and the natural environment.