With Biodiversity Net Gain (BNG) requirements now in force for development across the country, the changes are set to impact both developers and landowners. Here’s what you need to know:
What is Biodiversity Net Gain?
Biodiversity Net Gain (BNG) is a requirement for developers to enhance the natural environment and ensure a net increase in biodiversity as part of development proposals.
This commitment seeks to minimise ecological impact on development projects and emphasises leaving the environment in a better condition than before.
Legislative Changes and Legal requirements:
Changes to the Town and Planning Act 1990 through the Environment Act 2021 now make it a legal requirement for most planning permissions to include a standard condition focusing on BNG.
This means developers must submit an approved plan for increasing biodiversity before starting a project with the associated habitat creation or enhancement needing to be maintained for 30 years. As of 12 February 2024, new applications for planning permission on major development that do not fall into the list of confirmed exemptions are required to deliver net gains for biodiversity.
Meanwhile, minor development sites (residential sites less than 10 dwellings on sites less than one hectare or non-residential sites where the floor space to be created is under 1,000 square metres or where the site is less than one hectare) will be subject to the same requirements from 2 April 2024. BNG then extends to cover Nationally Significant Infrastructure Projects (NSIPs) in late 2025.
Landowners: What do I need to do?
In order to secure the creation/enhancement of habitats on biodiversity gain sites, landowners should look to:
Developers: What do I need to do?
Similarly, developers need to:
Harvey Davies, Solicitor in the Thrings Planning and Environment team, said: “Embracing Biodiversity Net Gain is pivotal in today’s development landscape as aligning projects with environmental priorities becomes increasingly crucial for sustainable practice.
“The recent legal changes emphasise its significance and navigating this landscape requires a proactive approach, with early integration of environmental considerations and to embrace BNG simultaneously with your development goals. We would always recommend seeking robust legal advice to ensure landowners and developers are making the most of these new requirements.”
Biodiversity Net Gain will be the focus of Thrings’ upcoming seminar being held at its Romsey office on Wednesday, 6 March with a range of experts speaking about the legal, environmental, financial and planning impact. To find out more about the event and how to book your place, click here.