Biodiversity Net Gain – Are You Ready?

It is anticipated that by late January/early February 2024 the statutory requirement for proposed developments to deliver a minimum 10% net gain in biodiversity (BNG) will come into force for major developments – BNG is in addition to any existing species and habitat protection. 

BNG for smaller sites is anticipated to follow in April 2024 and for Nationally Significant Infrastructure Projects in November 2025. 

Whilst there are exemptions, these are limited, but include developments below the stated thresholds, householder applications, and certain self-build / custom-build projects.

The BNG must be calculated using the Statutory Biodiversity Metric Tool which converts the size, quality and location of habitats to standardised units and is used to calculate how many units exist on site before development and how many units are needed to replace those lost and to achieve the minimum 10% net gain – BNG is additional to any mitigation.

The BNG hierarchy means that this net gain should be delivered on-site through habitat creation, enhancement and green infrastructure; where this is not feasible, then off-site delivery may be acceptable, through habitat creation or enhancement using ‘habitat banks’ with public and private landowners; and only where on-site or off-site delivery is not achievable will the option of ‘statutory credits’ be considered, albeit the details of this are currently light; or a combination of all three.

One thing that is certain, there is no ‘pay and walk-away option.’  For significant on-site gains and all off-site gains, the BNG must be maintained for at least 30 years.  It is anticipated that Local Authorities will use a combination of planning conditions and obligations to secure the delivery of the BNG habitats, their long-term management, the costs of monitoring (both the developer’s and the authority’s), and any remediation or compensation costs should the monitoring show that the target habitat gain has not been delivered. 

Planning applications will need to identify whether a proposed development is exempt from BNG and if not, will need to provide details of the Biodiversity Metric Calculation and how BNG is to be delivered, and potentially compliance statements, management and monitoring plans, and monitoring reports etc., at the appropriate stages and for up to 30 years from construction.

For our clients, we advise consideration of a site’s baseline and development BNG requirements at the land negotiation stage, early engagement and integration between the designer, ecologist and landscape architect and where available the Local Authority’s ecologist, as well as consideration of the need for, mechanism and financial implications of securing, managing and monitoring BNG over a 30-year period, including opportunities for partnering with third-party organisations.

Tyler Parkes is here to assist – please give us a call.