Getting Ready for Mandatory Biodiversity Net Gain (BNG)
Biodiversity Net Gain (BNG) is becoming mandatory in late November 2023 and will exclusively apply to new planning applications.
With an emphasis on nature positive developments, the rollout allows for proper provision to be made at the earliest stages of a scheme’s design. The core elements of biodiversity net gain promote a “nature first” approach to development and regeneration.
About BNG
Principally, BNG is a way to ensure habitats for wildlife, flora and fauna are improved and left in a better state than before development commenced. This contributes to the recovery of nature and is a key component of the Environment Act 2021 , which aligns the with government’s commitment to halt species decline by 2030.
The main obligations of mandatory BNG:
Many developers are already successfully operating these principles, however, the enforcement of mandatory BNG will have a huge impact on viability of schemes. Projects on Brownfield regeneration sites may have a significant amount of wildlife, flora and fauna and this will be taken into consideration as an asset on the site and will then need to be replaced as well as included in the +10% habitat units.
Who will it affect?
If you’re a land manager, you can get paid by selling biodiversity units. You must be a land manager with land in England, with consent to register land if you’re not the landowner, and a legal agreement for the land you’re registering.
If you’re a developer, you must try to avoid loss of habitat to a piece of land you plan to do development work on. If you cannot do this, you must create habitat either onsite or offsite. Onsite means on the land your development work is on. Offsite is either your own land away from the development site, or you have bought units from a land manager. If you cannot use on-site or off-site land, you must buy statutory credits from the government. You must provide evidence for using this option. This must be a last resort. The government will invest in habitat creation elsewhere in England. You may be able to combine all 3 options to make up your BNG. You must discuss this with an ecologist, as you will need to prove why you cannot use one option. You must get approval from your local planning authority before you start building.
If you’re a local planning authority, you will have to approve a biodiversity net gain plan for development work before it can start. Biodiversity Net Gain will apply exclusively to new applications for planning permission.
How will BNG be implemented
All new planning applications for housing, industrial or commercial developments after “day one mandatory BNG” must include a minimum +10% and commitment that the area will be maintained for a minimum of 30 years. If this cannot be achieved on site there will be arrangements made to deliver the space offsite, on separate land owned by the developer, or with landowners who are registered as a responsible body, with appropriate conservation covenants in place. The offsite register will be published on “day one mandatory BNG”. There is no minimum threshold for developments, although some schemes may be exempt and smaller schemes have a later starting point of April 2024.
A small scheme is considered to be one where the floor space to be created is less than 1,000 square metres / where the site area is less than one hectare, or a scheme that delivers between one and nine dwellings on land less than one hectare.
Each Local Planning Authority (LPA) can tailor its own locally relevant conditions for BNG. The LPAs with emerging Local Plans are publishing their specific Condition Wording which can be reviewed by client and design teams. In some instances, the BNG may be significantly more than the 10% minimum threshold (e.g. The Royal Borough of Kingston upon Thames requires 30%). Where areas are devoid of a Local Plan, consultation with the LPA will be required to determine the obligations for each planning application. This means that the requirements will vary across the country. LPAs will decide how to discharge the conditions in relation to BNG and what Section 106 (S106) obligations are applied. The obligations are measured in ‘habitat units’, identified by Natural England’s Biodiversity Metric.
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The Biodiversity Metric
Details of the current Metric can be found on Natural England’s website . The new metric will be published on “day one mandatory BNG”. The biodiversity metric categorises habitats into three types – A-1 Onsite Area Habitat Baseline; B-1 Onsite Hedge Baseline; C-1 Onsite Watercourse Baseline. From these three categories, the distinctiveness, significance and condition of the habitat is scored and a proposed action is created. This results in a defined number of habitat units which must be created and maintained as part of the scheme.
Once mandatory, the statutory metric must be used. The statutory metric will be published on the government website with the metric calculation tool available to download from Natural England’s website. To ensure a seamless transition, Natural England’s existing biodiversity metric 4.0 will be accepted by local authorities and the biodiversity gain site register for a short period of time.
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How to achieve BNG outputs
Early engagement between landscape architects and ecologists will be essential to ensure designs address the outputs and embrace a space for enhanced wildlife habitats. For all Metrics to be adhered to, BNG should be formally integrated into the landscape design. The design outputs will vary between projects. They can take the form of a Landscape Vision Statement, landscape design drawings or planting schedules. Listing the BNG design outputs from the start will smooth the process to designing wildlife-rich habitats.
Consideration is being given to creative solutions for delivering BNG on site. Where schemes are landlocked, and sites are constrained, there’s potential in maximising vertical landscaping within the design. DB3 are committed to supporting developers in achieving their obligations and embrace the challenge of integrating wildlife-rich habitats into our designs.
Biodiversity Credits
Statutory biodiversity credits will be available as a last resort option for delivering BNG and will complement offsite net gain in delivering strategic habitat creation. The price list for the BNG credit scheme has been published and prices are set above anticipated private market rates for biodiversity units, to avoid undercutting the market. Prices are set by Defra and Natural England will sell credits on behalf of the Secretary of State.
To be eligible to purchase statutory biodiversity credits, a developer must provide evidence to the Local Planning Authority that onsite and offsite options are not available. Revenue from the sale of credits will be used to run the scheme and invest in habitat delivery in England. There will be significant emphasis on investment in local conservation projects.