Developers of sites with 10 or more units, or 1,000sqm, now need to deliver at least 10% biodiversity net gain (BNG) to gain planning permission. Smaller sites of 9 units or less, or up to 999sqm, are only exempt until 2 April 2024.
There are three ways to achieve BNG:
- Make improvements on-site – avoiding loss of existing biodiversity or enhancing present habitats.
- Make improvements off-site ie by contracting an off-site habitat gain provider who will deliver improvements on your behalf.
- Buy government BNG credits. These credits are priced to be an option of last resort but surely the convenience will make them a popular option.
Developers must demonstrate that they have achieved the required 10% by using this statutory tool before and after development and providing a plan for achieving it with their planning application.
Measures can be secured by way of planning condition or legal agreement. There is currently no consistency in the approach taken by LPAs, but if the target in the condition/legal agreement for the identified period (usually 30 years) is not met, the Council can take enforcement action.
Long gone are the days of in-house ecologists, but they are probably needed now more than ever! We wouldn’t be surprised if Councils didn’t start considering in-house provision again. It’s such a hot topic that is toothless without expertise.
This is just one part of a complex environment that any successful developer, whether residential or commercial, must operate within. At Barker Parry we have the expertise and experience to partner with you in getting permissions, from smaller sites to multi-phased major developments.
Image by Kevan Craft from Pixabay
