Biodiversity Net Gain (BNG)
Local Planning Application Requirements
Guidance
The term biodiversity net gain (BNG) is used to describe the positive contribution that development can make to biodiversity. Relevant applications are now granted planning permission, subject to a condition to secure the biodiversity gain objective, referred to as the biodiversity gain condition. This objective is met if the development biodiversity value exceeds the pre-development value by at least 10% and is mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).
Planning policy guidance on BNG (MHCLG, 2024) sets out a list of priority actions known as the biodiversity gain hierarchy, including the avoidance of effects from development on existing habitats and where such effects cannot be avoided the mitigation of those effects including through enhancement of onsite habitats and then the creation of new onsite habitats before resorting to offsite gains or biodiversity credits.
Where relevant applications may be subject to the biodiversity gain objective, the application must be accompanied by the minimum information below. This allows us to consider BNG as part of the planning application and to satisfy our responsibilities.
The application must be accompanied by a statement confirming whether the applicant believes that the development, if consented, would be subject to the biodiversity gain condition, and if not why. Where development is subject to the biodiversity gain condition the following additional information should be provided:
- the pre-development biodiversity value of the on-site habitat on the date of application (or an earlier date) including the completed Statutory Metric or Small Sites Statutory Metric, as relevant, calculation (showing the calculations, the publication date and version of the biodiversity metric used to calculate that value). NOTE: the metric calculation should be completed in full including sufficient details on the ‘Start’ page, an absence of any major errors (see relevant user guidance) and should be submitted in Excel form.
- where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for that date.
- a statement confirming whether the biodiversity value of the on-site habitat is lower on the date of application (or an earlier date) because of the carrying on of activities (‘degradation’).
- where unauthorised degradation has taken place between 30 January 2020 and the submission of the planning application, the relevant date should be immediately before these activities were carried out.
- where authorised activities have taken place in accordance with a planning permission on or after 25 August 2023 resulting in a reduction in the onsite habitat biodiversity value, confirmation as to whether the development has begun or has not been completed. Where relevant, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.
- a description of any irreplaceable habitat on the land, that exists on the date of application (or an earlier date);
- plan(s) drawn to an identified scale (including the direction of north), showing the site boundary and on-site habitat existing on the date of application (or an earlier date), and any irreplaceable habitat (if applicable). NOTE: this includes both pdf and GIS shapefile format, to the relevant version of UKHab methodology; and
- where there are significant onsite or offsite enhancements that is relied upon to deliver the biodiversity gain objective, then a draft habitat management and monitoring plan should be provided.
Applicants can refer to these details in accompanying documents, rather than duplicate this information within the application form.
If this information has not been provided, LBTH will not be able to validation the application.
Further information is also required but can be provided either at full application stage or post-planning approval if permission is granted. This includes:
A legal agreement will also be required, which will be produced by LBTH. This should set out how the habitat(s) will be maintained, responsibilities for creation or enhancement works, and responsibilities for maintenance management and monitoring for at least 30 years. This also only applies to developments with off-site gains and significant on-site habitat enhancements.
Where applicants consider that the development would not be subject to the biodiversity gain condition, Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 provides that the applicant must provide a statement as part of the planning application setting out the reasons why they believe this is the case.
When Required
This requirement applies to major schemes from 12 February 2024 and minor schemes from 2 April 2024.
Exemptions include:
- If a planning application for a development was made before day one of mandatory BNG on 12 February 2024, the development is exempt from BNG.
- variations of planning permission.
- development with no impact on priority habitat and where impacts fall below the specified 'de minimis' threshold, including less than 25m2 of habitat with value greater than zero, or 5m long for linear habitats such as hedgerows and rivers.
- householder applications.
- off-site gain developments, where habitats are being enhanced for wildlife.
- certain self-build and custom build developments, under 9 dwellings and on a site no larger than 0.5hectares.
Policy /drivers
BNG is mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021)