Biodiversity Net Gain in Planning Applications

National requirements

From 12^th February 2024, Biodiversity net gain (BNG) will be mandatory for major development made under the Town and Country Planning Act (TCPA) 1990, subject to the exemptions or transitional provisions set out in Draft biodiversity net gain planning practice guidance - GOV.UK (www.gov.uk) Paragraph: 003 Reference ID: 74-003-2023. These are summarised below.

Eligible developments must meet the mandatory requirement of a minimum 10% biodiversity net gain over the pre-development biodiversity value of the site. The minimum information which must be submitted is set out in the The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and the draft Biodiversity Net Gain Planning Practice Guidance Paragraph: 009 Reference ID: 74-009-2023.

The requirements include:

• A statement as to whether the planning permission, if granted, would be subject to the biodiversity gain condition. Applicants are expected in this statement to set out what exemption(s) or transitional provision(s) apply to the development.
• Proposed date of the pre-development (baseline) biodiversity value, if this is before the date of submission, as the planning authority needs to agree to this date.

• a completed statutory biodiversity metric for the pre-development (baseline) biodiversity value of the proposed development site.
• a scaled plan showing the pre-development (baseline) on-site habitat.

• Confirmation of whether there have been any activities (habitat degradation) that would make the baseline biodiversity value lower as a result of the activities. If this is the case, the baseline biodiversity value is taken as immediately before the activities.

The metric should be completed by a competent person with specialist knowledge of habitat types and conditions, such as an Ecologist, who can advise on the calculations. You can find an ecology consultant on the CIEEM website.

The government has advice on exemptions from the BNG requirement.  If you think your site is exempt, then your statement must explain why.  You might need to submit evidence with this statement. 

Make sure you:

• use the statutory metric as early as possible in the site design process to help avoid biodiversity loss
• follow the biodiversity gain hierarchy which prioritises onsite BNG first
• consider how BNG can be optimised at design stage.
• consider how the location of on-site biodiversity relates to adjoining habitats, green corridors or existing green space within the site and beyond the red line boundary
• consider how suitable multi-functional biodiversity enhancements can form part of the site’s landscaping and amenity space strategy
• Undertake all other ecological assessments. Biodiversity Net Gain does not replace any of the existing wildlife protections and DDC must still address any potential ecological impacts in planning decisions.

Local guidance

Interim guidance on the technical topic strategic significance in Kent and Medway has been developed for implementation across all of Kent’s local planning authorities: https://www.makingspacefornaturekent.org.uk/bng/interim-strategic-significance-guidance-for-biodiversity-net-gain-in-kent-and-medway/

This interim guidance is aimed at the ecological advisors of planning applicants and landowners offering Biodiversity Net Gain delivery sites and should be used in the biodiversity metric calculations.

The interim guidance will be superseded when the Local Nature Recovery Strategy for Kent and Medway is published.

Exemptions

The exemptions from mandatory biodiversity net gain, as set out in paragraph 17 of Schedule 7A of the Town and Country Planning Act 1990  and the Biodiversity Gain Requirements (Exemptions) Regulations [2024] are:

• Non-major developments (temporary exemption from statutory net gain requirements until 2nd April 2024)
• Section 73 planning permission where the original planning permission was exempt (e.g. original planning permission was submitted prior to 12th February 2024)
• Householder applications
• Development granted planning permission by a development order under section 59 (includes permitted development rights)
• Developments below the ‘de minimis’ threshold (less than 25m² of area habitat or 5m linear (hedgerow, line of trees, watercourse) habitat and no priority habitat).
• Self-build and custom build applications which meet the exemption criteria (no more than 9 dwellings, site no larger than 0.5ha, consists exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
• Urgent Crown development granted under s293A TCPA 1990
• Development of a biodiversity gain site that is solely or mainly for the purpose of fulfilling the biodiversity gain condition for another development
• Development related to the High Speed Railway Transport Network.