Expansion of the requirements for UK Biodiversity Net Gain

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Expansion of the requirements for UK Biodiversity Net Gain

Following the mandate for bigger developments launched earlier this year, developers of UK housing projects will now be legally obliged to create a biodiversity net gain of 10% or above.

The new legal ruling for developers to deliver a Biodiversity Net Gain (BNG) came into force for developers working on housing projects exceeding 0.5 hectares or 10+ dwellings in February 2024. This month, the requirement will also include small housing projects and all commercial and mixed-use developments. The alterations will affect nearly 30,000 planning applications every month.

Certain developments that do not impact priority habitats and only affect less than 25 square metres of on-site habitat are only some of the projects determined as exempt from BNG. The Department for the Environment, Food and Rural Affairs (Defra) has created a comprehensive list of all exemptions.

Within the BNG rulings, developers must prove they have generated a minimum uplift of 10% in the biodiversity on site relative to the biodiversity existing before their intervention.

Biodiversity enhancement plans must be submitted with the planning application and include site management plans for at least 30 years. Defra has released further guidance on these measures for planning on smaller sites.

The Government will enable some cases to deliver the net gain via improvements performed off-site. Developers must purchase credits before starting work at the site, and in this scenario, the Environment Bank will take liability for biodiversity management over 30 years.
Utilising the resources available from Defra, the Future Homes Hub and Planning Advisory Service (PAS) have introduced a new free digital hub of support and advice. The BNG online platform can be accessed via local planning authorities and small and medium building development companies. It offers comprehensive advice, a digital calculator and a planning tool for developers from various tech startups. The software for local planning authorities is being provided by Verna.

Matthew Brown, the CEO of Verna, explains that BNG provides a transformational opportunity to refresh nature and communities nationwide, but highlights it needs digital tools to fulfil its potential and manage the complex data.

The Government believes the BNG mandate is a vital tool to reverse the decline of nature. The UK is considered one of the most nature-depleted countries worldwide. Since 1970, species have declined by about 20% on average and recent studies suggest this level of depletion is continuing, with efforts far off track towards achieving most Government nature-based targets.

Some environmental groups believe the threshold should be increased to at least 20% and stricter measures enforced to ensure that gain is credible and remains on site in most cases. These suggestions have been backed by the Wildlife and Countryside Link and other relevant NGOs.

261BNG requirements are due to be refreshed and expanded in 2025 to incorporate industrial developments and other nationally significant infrastructure, but the Government has already notified an exemption for high-speed rail networks.

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