In February 2024 a new law was implemented in England which makes it a requirement for all new road and housing developments to achieve a 10% net gain in biodiversity or habitat.
This law will ensure that much needed housing can be provided in England, but it will not come at a cost to our green space, as habitats for wildlife must be left in a measurably better state that they were prior to development.
Biodiversity is measured in standardised units depending on size, quality, location and type and should be measured by an ecologist who can measure the existing biodiversity value and advise on suitable measures to create or enhance biodiversity.
The Statutory Biodiversity Metric Tool must be used to calculate the required number of biodiversity units required to achieve BNG.
Does this affect me?
Yes, if you are a developer of small sites or major developments, or for nationally significant infrastructure projects from late November 2025. You will also need to know the new rules if you are a Local Planning Authority or a Land Manager looking to sell in the BNG market.
Your development should try to avoid loss of habitats, and the 10% Biodiversity Net Gain can be achieved either on-site or off-site buy purchasing statutory biodiversity credits.
What developments are exempt from BNG?
- Planning applications made before the 12th of February 2024.
- Variations to existing planning permissions.
- Development that does not impact a priority habitat and impacts less than 25 square metres (5m x 5m) of on-site habitat or 5 meters of on-site linear habitats such as hedgerows.
- Self-Build and Custom build applications where the LPA are satisfied that the final occupiers have had primary input into the final design and layout and the development is exclusively self-build or custom build dwellings, is of no more than 9 dwellings and on a site no larger than 0.5 hectares.
- Householder applications are exempt due to the expected low impact on biodiversity.
How can I achieve Biodiversity Net Gain on my project?
Biodiversity Net Gain can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or by purchasing statutory biodiversity credits.
What do I need to do when submitting a planning application?
Firstly, you will need to confirm if your development is exempt from BNG. If it is not exempt, information will need to be submitted with your planning application that details how you will meet the 10% BNG objective including how you propose to achieve enhancements on-site.
What happens after I have achieved planning permission?
Following the grant of planning permission a Biodiversity gain condition will need to be discharged, by completing a Biodiversity gain plan which will show how the development will achieve BNG. Until this has been approved, development cannot begin.
How to get in touch…
Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.
If you think you need support with your project, we’d be happy to help.
You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.
T: 01908 592580 E: [email protected]
Recent Posts
What is Biodiversity Net Gain (BNG) ?
How do I know if it affects me and what do I need to do to achieve BNG on my project?
What are Permitted Development Rights in 2024?
How do I know if my project qualifies and how can Warner Planning help?
Can I appeal a Planning Decision in 2024?
Having a Planning Consultant involved in your appeal gives you a much higher chance of success. Warner Planning have the knowledge, experience and ethos to assess if you have grounds for an appeal and provide your case with the best possible prospects.
