Biodiversity Net Gain Regulations

From the 12th February 2024, every planning permission application submitted in England is subject to compliance with biodiversity net gain (BNG) unless exemptions apply. But what is biodiversity net gain and how does it effect me?

Fortunately biodiversity net gain will not have a great impact on you unless you are a developer hoping to apply for planning permission to build properties or undertake other construction projects which would involve removal of natural habitats (such as removal of fields or forestry to build houses or offices etc.). Further details of when biodiversity net gain applies can be found further on in this report.

Biodiversity net gain is a way of creating and improving natural habitats across England and failue to comply with biodiversity net gain will result in a breach of planning permission. biodiversity net gain aims to ensure that every development leaves the environment slightly better off after the development is completed by requiring all developers to make their projects have a 10% biodiversity net gain, i.e. leave the evironment better than it was. There are three ways for this to happen:

1. By increasing the biodiversity value on site post-development (e.g. supplying the plans for managing the biodiversity on site post completion of the development- planting trees etc.);
   

2. Through biodiversity net gains generated off site (for example by registering your bio diversity net gain generated on forestry land you own and manage offsite or by entering into contracts with companies who are willing to sell you their biodiversity net gains to offset your development); and

3. By purchasing biodiversity net gain credits from the Government. Note, this is designed as a last resort.

A developer may choose to achieve the 10% biodiversity net gain by implementing just one of the above three or a mixture of all three.

How is Biodiversity Net Gain Assessed?

You may decide to hire an ecologist to accurately measure the biodiversity net gain generated on a piece of land, or opt for endouvering on this adventure yourself (this report will not be a step by step guide on how to do this). Briefly speaking, biodiversity net gain is calculated by taking the pre-development biodiversity net gain value of the on-site habitat and comparing this to the expected post-development biodiversity net gain value of the site. The objective being that the post development biodiversity net gain value will be 10% greater than it was beforehand.

As a developer you are required to follow the hierarchy of consideration for biodiversity net gain, as follows:

1. Your first consideration should be how to avoid adverse effects on the biodiversity value of sites which have a score of 4 or above according to statutory biodiversity metrics.

2. If this is unavoidable, the developer must mitigate the adverse effects by considering in the following order:

   1. enhancement of existing onsite habitats;

   2. creation of new on-site habitats

   3. allocation of registered off-site gains; and finally

   4. the purchase of biodiversity credits from the Government.

Note, planning authorities will take into account how the biodiversity net gain hierarchy has been applied and if it has not been applied will seek an explanataion for why it has not been applied when determining whether to approve the biodiversity net gain plan. Where the biodiversity net gain plan is not approved, reasons will be given, from which you will be able to work to improve your biodiversity net gain plan.

Three main metrics for consideration are:

1. area habitat  units

2. hedgerow units (briefly speaking any boundary line of trees or shrubs over 20m long and less than 5m wide at the base)

3. watercourse units

The three main metrics (along with other metrics, further details of which can be found on your local government website) are then to be applied to the following:

1. The size of the habitat

2. The current condition and quality of the habitat as well as its value in relation to wildlife.

3. The rarity or uniqueness of the habitat

4. the habitats contribution to the local, regional and national biodiversity objectives

The process for calculating biodiversity net gain of your development may therefore be dumbed down to:

1. Define the project area and existing biodiversity within the area.

2. Calculate the potential loss of bioversity caused by the development

3. Determine which biodiversity enhancements you will apply to achieve the 10% net gain in biodiversity

The statutory official metric tool may be found direct at:

https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides

Purchasing Offsite Biodiversity Net Gain Units

If you decide that you are unable to meet the 10% increase in biodiversity value on your site you have the option of purchasing off site biodiversity net gain units. You may do this by purchasing:

1. directly from a landowner who generates biodiversity net gain units

2. from a habitat bank operator

3. through a broker of biodiversity net gain units

4. from a trading platform

Before purchasing any units, ensure the seller is registered on the national biodiversity gain sites register.

Finding the broker will involve searching online, speaking to land agents and brokers, speaking with land managers and speaking with habitat bank operators who may organise such a purchase for you.

When making a biodiversity net gain unit purchase, make sure you have a suitable and enforceable legal agreement in place. If you seek any guidance on this, please do not hesitate to get in touch via the link below:

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Ensuring Compliance and Monitoring

Once you have established and implemented your biodiversity net gain plan, ongoing monitoring and management are crucial. Local planning authorities will likely impose conditions on planning permissions to ensure long-term management and monitoring of biodiversity gains. These conditions may include regular reporting and inspections to verify that the biodiversity enhancements are being maintained and achieving the intended outcomes.

Common Challanges and Solutions

Identify Suitable Habitats- One of the significant challenges developers face is identifying suitable habitats for enhancement or creation. Conducting a thorough ecological assessment early in the planning process can help in identifying areas with potential for biodiversity improvements.

Solution - Consider innovative solutions such as green roofs, living walls, and incorporating green spaces into urban designs. Collaboration with landscape architects and urban planners can help in integrating biodiversity goals with development plans.

Securing Offsite BNG Units - Purchasing off-site biodiversity net gain units can be complex, especially when navigating the market for credits and ensuring that the units are valid and recognized.

Solution - Work with reputable brokers and habitat bank operators who have experience in the biodiversity net gain market. Ensure that all transactions are transparent and documented, and seek legal advice if necessary to secure enforceable agreements.

Conclusion

Biodiversity Net Gain represents a significant shift in how development and construction projects are planned and executed in England. By mandating a 10% increase in biodiversity value, the policy aims to ensure that development projects not only minimize their environmental impact but also actively contribute to enhancing natural habitats. While the process may seem daunting, there are numerous resources and professionals available to guide developers through compliance. Embracing biodiversity net gain can lead to sustainable development that benefits developers, the environment, and the community alike.

For personalized assistance and further information on implementing biodiversity net gain in your projects, feel free to reach out through us contact us . Together, we can build a greener, more sustainable future and speed up your planning application process.

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