Biodiversity Net Gain

As climate and ecological crises deepen there is an increasing need to accelerate nature recovery, for our planet, our wildlife and our communities.

Biodiversity net gain offers a new path for development of homes, businesses and infrastructure to support a future which enables nature to thrive, and deliver nature-based solutions to climate change, water and air quality and flood risks. It can also help level up access to nature and provide accessible green space on the doorstep of new homes and further afield.

Back in November 2021 the Environmental Bill 2021 became an Act of Parliament, which laid down legislation requiring new developments to improve or create habitats for nature. One of the key principles is that the built environment is to be a vehicle for enhancing nature, rather than a trade-off. 

Biodiversity net gain (BNG) which forms part of the Act is designed to reverse the decline of biodiversity and put back more than is being lost through development.

Defra’s current consultation on making Biodiversity Net Gain a mandatory requirement in the planning system is a significant step towards achieving this aim. This is positive but needs careful consideration of how it will be delivered in practice, if we are to secure tangible and sustained gains for wildlife in an increasingly crowded city. Please have your say before the closing date on the 10 February.

Under the BNG ruling, when applying for planning permission, every developer must set out and describe the environmental impact of the development, using a specific Defra metric, and quantify that lost habitat in biodiversity units. They must evidence what natural biodiversity will be lost, and how they will replace that lost biodiversity plus the creation of (at least) 10 per cent more in biodiverse habitat either onsite at the development or offsite close by. They must also demonstrate how they plan to manage, monitor and report to regulators the habitat condition for a minimum 30-year term.

The primary aim is onsite delivery. 

This includes setting aside developmental land to deliver the habitat creation. On the face of it, this is the most straight forward solution, but under the legislation the developer then becomes responsible for baseline surveys, habitat creation works and 30-years’ worth of ongoing management and monitoring of the biodiverse habitat created. Not only that, but they will also remain legally responsible for covering the risk of onsite BNG schemes failing for the duration of the full 30-year term, which can be challenging for some areas.

Biodiversity Metric

The Natural England Biodiversity Metric is specifically referred to within the legislation and will be the default method of assessment which features a series of inputs, which includes looking at the existing site and types of species of plants that score as appropriate. It is a fine-tuned metric and combined with professional advice and ecological knowledge the metric enables biodiversity to be measured in a consistent and robust way.

In order to achieve biodiversity net gain, and to recap, the legislative requirements are set out below:

• 10% gain required calculated using the Natural England Biodiversity Net Gain Matrix.
• The habitat is secured 30 years at least by way of conservation covenant or obligation.
• Habitat can be delivered on-site, off-site or via statutory biodiversity credits using the national register for net gain delivery sites.

It is clear that biodiversity net gain will add a significant layer onto planning, however clearly the earlier you engage in your BNG strategy the better; both to protect the financial viability of your development and ultimately and more importantly, for the benefit of nature.

For further details, see Biodiversity net gain - GOV.UK (www.gov.uk)