Biodiversity net gain regulations and implementation

1 Biodiversity Net Gain requirement for new building projects mandated in February 2024
2 Biodiversity Net Gain requirement for new building projects postponed until January 2024
3 Biodiversity Net Gain commitments for support, guidance and regulations
4 Background to BNG and the Environment Act
5 Comment on progress of BNG
6 Related articles on Designing Buildings

[edit] Biodiversity Net Gain requirement for new building projects mandated in February 2024

On February 12 2024, Biodiversity Net Gain (BNG) which is part of the Environment Act became mandatory. Meaning that based on the statutory biodiversity metric, biodiversity units (area, hedgerow and watercourse units) need to be calculated prior to a development taking place, along with how many units are needed to replace units of habitat lost through the development.

Developers need to achieve a 10% BNG, through the creation or enhancement of habitats, to be evidenced via a biodiversity gain plan which can be submitted to the local planning authority after the planning application has been approved. The assessment needs to be carried out by a professional ecologist, according to the guidance and in line with any Local Nature Recovery Strategy (LNRS) and the biodiversity improvements recorded in the publicly available biodiversity gain site register.

Various forms of guidance will be made available in order to assist the process including; a definition of the statutory biodiversity metric and biodiversity units as well as the statutory biodiversity metric calculation tool, biodiversity gain plan templates, the biodiversity gain site register and Local Nature Recovery Strategies (LNRS).

Local Nature Recovery Strategies (LNRSs) are 48 areas that cover the whole of England without gaps or overlaps, in which local authorities agree and set priorities for nature recovery and propose actions in certain locations where action makes a particular contribution to achieving required improvements. The form of the strategy and the type of actions will vary according to each area, though each must contain; a local habitat map and a written statement of biodiversity priorities to guide the public, private and voluntary sectors to focus where action is most effective.

[edit] Biodiversity Net Gain requirement for new building projects postponed until January 2024

On September 27 the government set out the next steps on plans for new housing, commercial and infrastructure developments to be nature positive. Originally planned to come into force in November, the government confirmed this would now be the date when the rules will be confirmed, coming into force in January 2024.l

Under the updated timetable, developers in England will be required to deliver 10% Biodiversity Net Gain (BNG), from 2024 when building new housing, industrial or commercial developments. As such by law, a net positive impact on the local environment must be achieved, for example by creating new habitats and green spaces. Biodiversity Net Gain for smaller sites is planed from April 2024, and the same approach on the implementation of Nationally Significant Infrastructure Projects remains is planned for introduction in 2025.

[edit] Biodiversity Net Gain commitments for support, guidance and regulations

To support the implementation of Biodiversity Net Gain, the government has committed over £15 million to assist Local Planning Authorities to prepare.

By the end of November, the government will publish the guidance and regulations this will include information on;

the statutory biodiversity metric, critical for calculating the correct biodiversity gain
the draft biodiversity gain plan template, which will help developers prepare for what they will need to complete during the planning application stages
the Habitat Management and Monitoring Plan template, which will set out how the improved significant on-site and off-site habitats will be managed for the long term
a package of Biodiversity Net Gain guidance that sets out further advice for landowners, developers, and Local Planning Authorities around their role and responsibilities in delivering mandatory Biodiversity Net Gain

[edit] Background to BNG and the Environment Act

In December 2018, the Environment Secretary announced a government consultation on mandating biodiversity net gain for new developments. The plan was to require developers to ensure habitats for wildlife are enhanced and left in a measurably better state than pre-development. The consultation ran until February 2019.

In January 2022 a consultation on biodiversity net gain (BNG) regulations and implementation ran for 12 weeks. Supported by a consultation document, market analysis study, impact assessment for Nationally Significant Infrastructure Projects (NSIPs), and an economic appraisal for major infrastructure projects. It covered the 3 main areas:

The scope of the Town and Country Planning Act 1990 (TCPA) requirement and proposed exemptions; development within statutory designed sites, and irreplaceable habitat.
Applying BNG to different types of development, including phased development; small sites; NSIPs
How mandatory BNG will work for TCPA development and an example biodiversity gain plan.

In February 2023, with the consultation complete, the Government published outcomes and responses to the programme in the same 3 parts as above.

In September 2023 teh government issued the Press Release " Biodiversity Net Gain moves step closer with timetable set out" as described above. Intending for rules and measures to be set out in November 2023, implementation required on larger projects from January 2024 and April 2024 for smaller projects.

The Environment Act from which the BNG regulations stem received Royal assent on November 9 2021. The Environment Act 2021 (Commencement No.3) Regulations 2022 were published on 13 May 2022 to bring into force provisions of the Environment Act 2021. Some provisions came into force in May, some in September 2022 and others, such as particulates, marine protection, water, residual waste, biodiversity statutory instruments and woodland regulations in 2023, whilst the BNG regulations are now due in 2024. The Act is comprised of seven key parts:

Parts 1 and 2: Environmental governance, principles, targets and improvement plans
Part 3: Waste and resource efficiency
Part 4: Air quality and environmental recall
Part 5: Water
Part 6: Nature and biodiversity
Part 7: Conservation covenants

[edit] Comment on progress of BNG

Trudy Harrison, Biodiversity Minister said;

Biodiversity Net Gain will ensure new developments work for both wildlife and people . We will create nature-rich places whilst ensuring communities get the new homes and infrastructure they need. The updated timetable and guidance we are setting out today will help smooth the transition ahead of Biodiversity Net Gain going fully live in January 2024. Developers and planning authorities should use the additional time to familiarise themselves with the guidance and prepare for the integration of Biodiversity Net Gain into the planning system. Further updates will follow in due course.

See also the article Biodiversity net gain (BNG) regulations and implementation; Government response for further details and awaited update in November.

This article is based on a number of government websites and Press Releases including "Biodiversity Net Gain moves step closer with timetable set out".