Environment Bill (2020) and subsequent Environment Act (2021 / 2024) lays down far clearer biodiversity requirements than the existing NPPF. This will remove subjective judgement, strengthen the hand of LPA ecologists and in principle at least, standardise requirements and level the playing field.

In Planning terms, the Biodiversity Net Gain (BNG) principle establishes the simple objective of achieving a (measurable) 10% creation/enhancement of habitats post-development than was present pre-development. 

BNG, can be thought of as creating/enhancing habitats which provide potential homes for biodiversity. It is not species focused, but is solely habitat focused, and follows the maxim ‘build it and they will come’.

Incorporating features such as bird boxes, bat boxes, hedgehog homes etc are not quantifiable in the BNG regime. Most LPAs have local plan policies which require the inclusion of these features, so these will continue to be expected too.

BNG for Planning Applicants. 

BNG has inevitably had an impact upon land prices, as the density of housing on any given site will generally be reduced to provide on-site BNG / Off-site BNG or factor in the cost of compensation payments. 

The bottom line is that in most cases, building homes has become more expensive as a result of BNG. 

We strongly recommend you instruct ecology and BNG (and arboricultural) surveys before committing to a land purchase. We have encountered cases where a combination of these factors has destroyed the financial viability of some sites. 

It would seem wise to factor in the potential cost of BNG when negotiating land purchases, but without knowing what the risks / costs are, how can you realistically plan? Book your surveys today, do not procrastinate.

There are a number of BNG Exemptions:

Existing Planning Applications 

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

• Transitional arrangements also apply for variations to existing planning permissions. There is more information in the planning practice guidance.

Developments Below the Threshold

• A development that does not impact a priority habitat and impacts less than:  
• 25 square metres (5m by 5m) of on-site habitat  
• 5 metres of on-site linear habitats such as hedgerows
• A development ‘impacts’ a habitat if it decreases the biodiversity value.   

Householder Applications

These are applications made by householders as defined within article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. It includes, for example, small projects like home extensions, conservatories or loft conversions.

Self-Build and Custom Build Applications

You must meet all of the following conditions to qualify for an exemption as a self-build or custom build. The development must:  

• consist of no more than 9 dwellings 
• be on a site that has an area no larger than 0.5 hectares    
• consist exclusively of dwellings that are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015

Biodiversity Gain Site

• Developments undertaken mainly for the purpose of fulfilling the BNG planning condition for another development are exempt.

High Speed Rail Transport Network

• An exemption applies to any development forming part of, or ancillary to, the high-speed railway transport network, comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.

Other Exemptions

The following are exempt by the Environment Act 2021:

Urgent Crown Developments 

• developments that are granted planning permission by a development order (including permitted development rights)

The above are provided as a guide – We are not Legal Experts – consequently, reference should be made to the Government Websites and you should seek legal advice if you wish to be sure of your personal position

https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments

https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

The Labour Government have made some utterances about changing the exemptions. However – as BNG is an Act of Parliament, it will require a further Act of Parliament to amend any aspect of it. Consequently, it is likely to be some time before the January 2026 utterances are tested in Parliament.

If you are unsure whether to wait to see what happens, we suggest you take legal advice in this regard.

Contact us - 

admin@ecological-surveys-ltd.co.uk

Telephone: 0800 888 6846 / 07736 458 609