From this week, Biodiversity Net Gain (BNG) has begun to be phased in as a mandatory planning requirement for most new developments in England. As of 12th February, applications for ‘major’ developments are subject to a mandatory requirement to demonstrate at least 10% biodiversity net gain, with ‘minor’ developments following suit from 2nd April. A few types of development will be exempt, and nationally significant infrastructure projects will have until 2025 to comply, but there is a very clear direction of travel, and the sooner those aiming to achieve planning consent begin their BNG journey, the better.
Where did the new BNG requirements originate?
For those of us working in the planning sector, BNG legislation comes as no surprise. A national BNG requirement was first mooted as far back as 2012, when six pilot schemes were established. While the original concept was for a voluntary scheme, we have been anticipating a mandatory requirement for some time; the only uncertainty was when it would be introduced and what the minimum requirement would be.
Now we have a clear timetable, but the mandatory requirement for each individual scheme is still not set in stone. Why? Because, under Local Plan policy, local authorities will be permitted to set the BNG obligation higher than the national minimum 10% gain. Indeed, already some local authorities have set their minimum BNG requirements as high as 30%!
The BNG legislation is indicative of a fundamental shift, moving the planning system beyond minimising any ecological harm caused by a development, and towards actively enhancing our natural landscapes in the face of mounting environmental challenges.
Understanding your new obligations
The Environment Act 2021, introduced by Schedule 7A into the Town and Country Planning Act 1990, determines that BNG is required under a statutory framework in England. But what exactly do the new requirements entail, and why is it gaining momentum now?
The State of Nature report in 2019 indicated that the UK has seen a 13% decline in the overall wildlife abundance since the 1970s. In 2022, at the UN Biodiversity Conference, the UK formally made a commitment to protect and conserve a minimum of 30% of land and sea for biodiversity by 2030. In keeping with the 30×30 initiative, BNG improvements must be secured for a minimum of 30 years and have a detailed Habitat Management and Monitoring Plan (HMMP) in place to evidence this. BNG is calculated using a metric produced by Natural England and a project’s 10% (or greater if mandated by the local authority) can be achieved either on- or off-site, or through the purchasing of statutory credits. The new BNG obligation will be secured through a Section 106 agreement for each project, which will make the commitment legally binding, so it’s important to seek the right advice early in the planning process and understand which is the right choice for you and your project.
How can Acland Bracewell help?
With over 60 years’ experience in the planning sector and a specialism in gaining planning permission for rural and Green Belt projects, Acland Bracewell is well versed in compiling planning applications for sensitive locations. We provide a multi-disciplinary approach to balancing the commercial, planning and environmental goals of each project.
An ecologist will be an important part of the team from a very early stage of devising the planning application, and failure to obtain the right advice could have potentially significant time and cost implications further down the line.
Early engagement and working with an integrated team that can offer the right advice and expertise will be crucial to navigating planning applications following the new BNG rules.
At Acland Bracewell, we’re here to support you as you navigate the complex path of achieving your commercial goals, while fulfilling your BNG obligations. We have long-standing relationships with expert ecologists, meaning we can facilitate a joined up approach to planning and the BNG Regulations, to help deliver the best outcomes for our clients.