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.