Biodiversity Net Gain Requirement: A Greener Future for Developments

January 17, 2023

What is the Biodiversity Net Gain Requirement?

Biodiversity Net Gain aims to leave the environment in a better state than it was before the construction of a development. In a more environmentally friendly world, this is of growing importance. The Environment Act 2021 states that in order to grant planning permission, the biodiversity in the area must be increased by 10% as a minimum, on or close to the development. A Biodiversity Net Gain Plan must be created to ensure BNG is achieved. 

A specified Defra biodiversity metric will be used to determine the increase to biodiversity. An ecologist will consider four key factors to determine Biodiversity Net Gain: habitat size, habitat condition, habitat distinctiveness, and strategic significance. Any improvements made must be sustained for a minimum of 30 years after the development is complete. Importantly whilst this is now law, the requirement is unlikely to come into force until late 2023. It has recently been announced that any transitional arrangements will end in November 2023 and after this, the requirement will become mandatory. 

This change means that developers will now need to work out the biodiversity levels that exist before the development is built and ensure an increase has been created once the development is complete. This does not necessarily have to be on the site itself and can be in an area near the development. There are also areas exempt from these rules, such as permitted developments, Brownfield sites with specific criteria, and nationally significant infrastructure projects among various others.

How Will Biodiversity Net Gain Impact Future Development?

1. Many local authorities have now introduced the requirement early to ensure biodiversity is promoted.
2. Any change comes with teething problems and there may be delays in gaining planning permission as the best process to ensure biodiversity gain is streamlined.
3. It will become increasingly important for developers to conduct searches into the ecological value of the site they wish to purchase to ensure biodiversity can be increased. Developers may also need to involve farmers, landowners, and local communities if it is decided the biodiversity net gain will occur around the site and not on it. Developers must familiarise themselves with the new guidelines to ensure their application does not face further delays.
4. There are some concerns that there will be a large increase in planning applications before BNG is officially implemented to avoid the need to adhere to the new laws. 

We have a wealth of experience in working with developers, whether through the acquisition of land or the sale of developed property. If you would like our expert help navigating this area, please contact us on 0121 705 7571 and ask to speak to our development team. 

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.