Bio Diversity Net Gain

Bio Diversity Net Gain Commencement – Monday 12th February 2024

We want to make sure that agents and applicants are aware that the statutory framework of Biodiversity Net Gain (BNG) requirements within the planning system commenced and became mandatory for new major developments on Monday 12 February 2024.

Although BNG has only become mandatory for major developments, applicants and local planning authorities should be aware that commencement of BNG will change how applications for planning permission more generally are processed in the system.

For example, all applicants applying for planning permission will now be required to set out whether they believe their development is (or is not) subject to BNG, and if they believe that the proposed development is not subject to BNG they must set out the reasons for this. 

For development, which is subject to BNG, applicants will also need to provide:

• the pre-development biodiversity value(s), either on the date of application or an earlier proposed date (as appropriate)
• where the applicant wishes to propose an earlier date (than the date of application) for the purposes of calculating pre-development onsite habitat value, the proposed earlier date and the reasons for proposing that date must be provided
• the completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) including the publication date of the biodiversity metric used to calculate that value
• a statement whether the biodiversity value of the onsite habitat is lower on the date of the application (or an earlier date) as a result of activities carried out (known as ‘degradation’), and if degradation has taken place the applicant must provide:
• a statement to the effect that these activities have been carried out
• the date immediately before these activities were carried out
• the pre-development biodiversity value on the date before degradation was carried out
• the completed metric calculation tool showing the calculations
• any available supporting evidence of this
• a description of any irreplaceable habitat on the land to which the application relates, that exists on the date of application, (or proposed earlier date); and 
• plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or an earlier date), including any irreplaceable habitat (if applicable)

These new requirements are provided for in the available updated planning application forms.

Further guidance is available in the new BNG planning practice guidance. This updates and supersedes draft guidance which was published in December 2023. 

For those who are not already engaged, the Planning Advisory Service (PAS) offers advice, support and training on planning and service delivery to councils. The PAS Biodiversity Net Gain page is a useful resource and provides answers to some of the most frequently asked questions.