The UK is facing a biodiversity crisis. In response, the government has introduced a bold policy aimed at reversing nature loss while encouraging responsible development. This initiative, known as Biodiversity Net Gain (BNG), is now a mandatory consideration for many planning applications in England. For developers and landowners alike, understanding the implications – and securing the right legal support – is key to navigating this new regulatory landscape.

 

What is Biodiversity Net Gain?

Biodiversity Net Gain refers to the approach of leaving the natural environment in a measurably better state than it was before development took place. Under this policy, developers are required not only to compensate for any biodiversity lost due to construction but also to provide at least a 10% increase in biodiversity value.

As of February 2024, BNG is a statutory requirement under the Environment Act 2021. This marks a significant shift from previous expectations, where biodiversity enhancement was encouraged but not legally enforced. Now, developers must integrate nature-focused planning into project design from the outset.

 

The Mandatory Requirements

The mandatory BNG requirements apply to most major developments, including housing, commercial and infrastructure projects. The key obligations include:

  • Biodiversity Gain Plan: Developers must submit a plan showing how the 10% net gain will be achieved and maintained for at least 30 years.
  • Baseline Assessments: This involves conducting a Biodiversity Metric assessment to measure the pre-development biodiversity value of the site.
  • Habitat Enhancements: Gains can be achieved on-site, off-site, or through purchasing statutory biodiversity credits from the government as a last resort.
  • 30-Year Legal Obligation: All biodiversity enhancements must be secured for a minimum of 30 years via legal agreements or conservation covenants.

There are exemptions for some types of development, such as householder applications or small-scale permitted developments, but for most larger projects, BNG is now non-negotiable.

 

The Impact on Developers and Landowners

BNG creates both opportunities and responsibilities.

For developers, it adds a layer of complexity to planning applications. They must now budget for environmental assessments, biodiversity enhancements, and long-term maintenance. It also extends the timeline for project approval, as local authorities will require detailed BNG documentation.

For landowners, however, BNG opens up potential new revenue streams. Land can be used to host off-site biodiversity units, which developers may seek to purchase. This creates an emerging market for “BNG credits,” offering long-term income in exchange for managing land in a nature-positive way.

 

A Changing Landscape: Are You Ready?

BNG is a landmark step in aligning development with environmental stewardship. While it introduces a new layer of complexity, it also encourages more thoughtful and sustainable land use.

If you are a developer navigating your legal obligations, engaging with a solicitor early in the process can save you time, money, and stress. The right legal partner will not only help you meet your regulatory requirements, but ensure your position is protected for the long haul.

Call us on 01420 82879 or email [email protected] to find out more or make an initial appointment to speak with one of our trusted solicitors.

 

The contents of this blog are for general awareness purposes and do not purport to legal or professional advice. The law may have changed since this blog was published. Readers should not act on the basis of information shared within this, or any other blog, but should seek appropriate, professional advice on their own circumstances.