Biodiversity net gain

Biodiversity net gain (BNG) is a strategy to contribute to the recovery of nature while developing land. It seeks to make sure habitat for wildlife is in a better state than it was before development. 

The requirement to demonstrate and deliver at least 10% BNG is mandatory from 12 February 2024 for major development sites, and from 2 April 2024 for minor development sites.

Information to submit with a planning application

Where development would be subject to the general biodiversity gain condition, the application must be accompanied by minimum information set out in Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015:

• A statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition.
• The pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) including the completed metric calculation tool used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value.
• Where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for proposing that date.
• A statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application (or an earlier date) because of the carrying on of activities (‘degradation’) in which case the value is to be taken as immediately before the carrying on of the activities, and if degradation has taken place supporting evidence of this.
• A description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date) and a plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or and earlier date), including any irreplaceable habitat.

If this information has not been provided, we must refuse to validate the application. Within the planning application form applicants will be asked to confirm whether this information accompanies the application. Where these details have been provided elsewhere in accompanying documents, applicants are encouraged to refer to these rather than duplicate this information within the application form.

In addition to these minimum information requirements, further information may need to be provided  to assist the consideration of BNG as part of the planning application, in particular where there are particular considerations around significant onsite biodiversity enhancements or use of offsite biodiversity gains. Specific further requirements may be set out in our local list of information requirements.

We cannot recommend any specific provider of offsite credits. However, Wild Capital has opened a habitat bank in Cobham, within the River Mole Biodiversity Opportunity Area (BOA). It is now officially listed on the national BNG register.

National guidance

GOV.UK: Draft biodiversity net gain planning practice guidance

Planning legislation

The legislation that covers BNG is available from Legislation: GOV.UK. The relevant primary legislation for the statutory framework for biodiversity net gain is principally set out under Section 90A and Schedule 7A (Biodiversity Gain in England) of the Town and Country Planning Act 1990.

This legislation was inserted into the Act by Schedule 14 of the Environment Act 2021 and includes amendments made by the Levelling Up and Regeneration Act 2023 and the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations [2024].

The relevant biodiversity net gain regulations most directly relevant to planning are:

• The Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations [2024] 
• The Biodiversity Gain Requirements (Exemptions) Regulations [2024] 
• The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations  [2024] 
• The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]