Biodiversity Net Gain For Local Authorities

Find out how Civity and Local Authorities are working together to achieve a sustainable future through Biodiversity Net Gain.

Of all the organisations that have to work with The Environment Act 2021, the greatest challenge and obligation fall on the local planning authorities. Devlopers and landowners apply the new law to specific projects but local planners must know every aspect of the law and planning policy. Civity, as an ecology consultant, has followed every stage of the framing and passing of the Act and is, therefore, fully qualified to advise and support local planning authorities.

The Environment Act demands a biodiversity gain plan that covers the adverse impacts on habitats on the development site and how onsite or offsite Biodiversity Credits can offset them.

Key to Biodiversity Net Gain

Approval of a Biodiversity Net Gain Plan.

Minimum 10% gain in Biodiversity Metric units on development sites.

Habitat must be secured for 30 years.

Biodiversity Credits scheme can be delivered onsite or offsite. (See below)

Habitats must be entered on the National Register for net gain delivery sites.

Biodiversity Net Gain applies to all types of developments, from residential housing to nuclear power stations, with a few exceptions. This will apply to most projects from November 2023, small projects from April 2024 and National Infrastructure projects from 2025.

Local preferences for onsite or offsite biodiversity gains

Local authorities have political and financial reasons for preferring the biodiversity gain to be onsite or within the local authority’s jurisdiction. However, Biodiversity Credits may be acceptable further afield if necessary. Some authorities may register their own land for biodiversity purposes. However, the land can only be used for offsite credits subject to compliance with their own policies and other legislative requirements. Planning applications must include full information on the steps taken, or to be taken, to minimise the adverse effect of the development on the on-site habitat and any other habitat included in the biodiversity gain plan over a period of 30 years. Where a development cannot achieve a Biodiversity Net Gain either wholly or partly on site, the developer can secure a local net gain habitat market from other landowners or landbanks.

What is allowable

A Biodiversity Net Gain Plan must be submitted before the start of development.

Approved providers on the National Register can only issue Biodiversity Credits.

Biodiversity Net Gain may not be required in the case of an individual householder’s application until April 2024 (dependent on size).

Consideration of an application must consider the risk of delay to the creation of the maintenance/enhancement of the habitat.

The Biodiversity Metric is a habitat-based approach that focuses on habitat, hedgerow and river values and does not include species-specific enhancements like bat/bird boxes. It is the only acceptable measure.

… and what is not allowable:

If the Biodiversity Net Gain site is degraded after approval, the local planning authority can seek compensation for the difference.

Local authorities should not direct developers to buy Biodiversity Credits from them in preference to other ecologically-equivalent suppliers.

Local Authorities will not be able to operate a tariff system for the delivery of offset gains which are not registered and allocated to developments under mandatory Biodiversity Net Gain.

Working with the developing Environment Act

Civity has been working with Local Planning Authorities since the passing of the Environment Act 2021 and has followed its progress through all its stages. It has its roots in ecology, biodiversity and planning.

We understand the pressures local planning authorities are subject to, the needs of the population and the importance of preserving the environment and the country’s wildlife heritage. To this end, we also commit to reinvesting some of our company profits back into community-based projects.

Biodiversity Net Gain For Landowners FAQs

It depends on:

  1. a) The length of the delay to the start of the project
  2. b) The degree of degradation of the natural environment habitat during that time.


In the first place, the relevant Local planning authority will need to be satisfied that the Biodiversity Metric has been properly applied, especially in cases of nationally significant infrastructure projects. The developer has up to 12 months to start and may need to update the metric calculations if the site has changed. The developer may need to replace the lost value of the habitat creation in order to reach the mandated 10% gain. The biodiversity metric should take into account reasonable delay.

If the damage to the development site habitat is permanent, the local authorities may seek compensation from the developer who caused the delay.

No. Monitoring should have been built into the agreement with the developer and should be set out in the Biodiversity Gain Plan.

However, if the developer bought the Biodiversity Credits, the onus falls on the seller (not necessarily on the landowner). If Civity sells the Biodiversity Credits, then Civity becomes responsible for the preservation and maintenance of the habitats for the full BNG 30-year term. This will include the production of timely monitoring reports that detail the progress and results of habitat management works.

BS 8683 sets out the Good Practice to deliver Biodiversity Net Gain making a positive contribution to the Good Practice paper by The Chartered Institute of Ecology and Environmental Management (CIEEM). It is aimed at the practical issues that face procurement, contracting, project management, EIA coordination, environmental and sustainability management, landscape architects, land agents, estate managers and biodiversity offset brokers like Civity.

Civity staff are active members of the Chartered Institute of Ecology and Environmental Management (CIEEM) who’s strict rules demand an honest, responsible and ethical approach to their work, ensuring that the partnership is in line with local nature recovery strategies and community values.

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Contact Us

Please contact us if you’d like to initiate a conversation regarding your Biodiversity Net Gain requirements as a Local Authority.