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FAQ

What is Biodiversity Net Gain

Biodiversity Net Gain is a rule in England that says when new buildings are built, the area around them must have more types of plants and animals than before. This rule is part of the Environment Act. Builders in England will need to check the current state of nature, take steps to improve it, and show that they’ve made a positive difference to get permission to build. If they can’t improve nature on their building site, they can buy Biodiversity Units. These units are like certificates showing that someone else has improved nature somewhere else. This is a flexible and cost-saving way for builders to follow the rules.

Submitting a planning application - what information is required

Where an applicant believes the development would be subject to the biodiversity gain condition, the application must be accompanied by minimum information:

  • confirmation that the applicant believes that planning permission, if granted, the development would be subject to the biodiversity gain condition
  • the pre-development biodiversity value
  • The complete metric tool
  • a statement whether activities have been carried out prior to  the date of application (or earlier proposed date), that result in loss of onsite biodiversity value
  • a statement of any irreplaceable habitats
  • plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).

What are the options for buying biodiversity units

One option is to buy units from Bio Net Gains Limited as a habitat bank operator.

We have offsite habitats banks available now and we can create units for you if none exist nationwide.

What is the BNG metric ?

The biodiversity metric tool is used to calculate biodiversity value for the purposes of biodiversity net gain.

The biodiversity metric tool can be used throughout all stages of a project, from site selection to detailed design and delivery. The earlier it is applied, the greater the opportunity to design for biodiversity and wider ecological benefits.

Does a local planning authority have to impose the biodiversity gain condition when permission is granted?

Planning conditions are normally imposed on the grant of planning permission. By contrast, the biodiversity gain condition has its own separate statutory basis, as a planning condition under the Town and Country Planning act 1990. The condition is deemed to apply to every planning permission granted for the development of land in England (unless exemptions or transitional provisions apply), and there are separate provisions governing the Biodiversity Gain Plan.

To ensure applicants are clear about this distinction, the local planning authority are strongly encouraged to not include the biodiversity gain condition, or the reasons for applying this, in the list of conditions imposed in the written notice when granting planning permission.

What is a Biodiversity Gain Plan ?

The statutory framework for biodiversity net gain requires a Biodiversity Gain Plan to be submitted and approved by the planning authority to discharge the biodiversity gain condition prior to the commencement of development.

The Biodiversity Gain Plan sets out how the biodiversity gain objective of at least a 10% gain will be met for the development granted planning permission.

The plan must be submitted in writing, no earlier than the day after planning permission has been granted. A developer may want to submit a draft plan alongside the planning application for information and discuss this plan with the local planning authority prior to determination of the application, although this is not a minimum information requirement.

There is no separate application form for the submission of the Biodiversity Gain Plan. As with the discharge of other conditions which require approval of local planning authority, planning authorities will have 8 weeks to approve the Biodiversity Gain Plan.

 

Under paragraph 14(2) of Schedule 7A, a Biodiversity Gain Plan must include the following matters:

  • information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
  • the pre-development biodiversity value of the onsite habitat;
  • the post-development biodiversity value of the onsite habitat;
  • any registered off-site biodiversity gain allocated to the development and the biodiversity; and
  • any biodiversity credits purchased for the development.