Biodiversity Net Gain: Key Updates from Defra

The UK government in the form of Defra has just announced that Biodiversity Net Gain (BNG) will come into effect for major developments (unless otherwise exempt) on the 12th February. For small sites (under 0.5 hectares for a residential development, or under 1 hectare for a commercial development) there will be an extended transition period and BNG will apply from the 2nd April. In England, BNG is becoming mandatory under Schedule 7A of the Town and Country Planning Act 1990.

What is BNG?

BNG is an approach to development and land management that aims to leave the natural environment in a measurably better state than it was beforehand, resulting in a ‘net gain’ of biodiversity. BNG doesn’t just encompass a value assigned to denote the quality of an ecosystem, but also provides a set of measures for developers to follow in order to achieve biodiversity gain.

Why is there a need for BNG?

The advent of BNG offers a glimmer of hope for biodiversity in the UK, with it considered one of the most biodiversity-depleted parts of the world, and broadly speaking biodiversity loss is an unrelenting, ongoing issue. BNG’s inception reflects a burgeoning interest in biodiversity enhancement being a growing priority for business and society - from development and construction to land management and conservation.

Who does BNG affect?

BNG rules will affect developers, land managers wanting to sell BNG units and local planning authorities (LPAs). Developers are expected to deliver a BNG of 10%, with the biodiversity value of a given site or habitat assessed via standardised biodiversity units, which are dependent on the size, type, quality and location of a given habitat. Biodiversity units can be lost through development or generated through actions to create and enhance habitats. For developers, a biodiversity gain plan will need to be created for a given development and submitted to the LPA for approval. If BNG requirements are not met, you might be in breach of planning conditions, planning obligations or legal agreement, and the LPA could take enforcement action against you.

How is BNG measured?

BNG credits are calculated by the statutory biodiversity metric tool, which is a way of measuring how many BNG units a site or habitat contains prior to development, and how many BNG units are required to replace units lost, while achieving a 10% BNG. BNG must be maintained for a minimum of 30 years if making off-site or significant on-site gains, with the land manager legally responsible for ensuring the target condition is met through habitat management, creation or enhancement.

How can BNG be achieved?

There are three ways a developer can achieve BNG. Developers can combine all three options, but must follow the steps in order, this comprising the biodiversity gain hierarchy:

• Through enhancing and restoring biodiversity on a given site under development
• Through a mixture of on-site and off-site BNG, if developers can only achieve part of the necessary 10% BNG on site, with the option of purchasing off-site biodiversity units
• If developers cannot achieve 10% BNG on-site or off-site, they must purchase statutory biodiversity credits from the government - but this must be a last resort.

Developers should prioritise avoiding loss of biodiverse habitat when undertaking development work, and they must deliver 10% BNG either on-site or off-site, or through purchasing statutory biodiversity credits as a last resort. Land managers have the option of selling BNG units on the BNG market, acting as a potential source of revenue and funding to support nature recovery work.

For larger sites, the government recommends you discuss your plans with an ecologist, who will measure the biodiversity value of your existing site of habitat and explore ways to achieve BNG using the metric tool.

How can we help?

At Ecosulis, we deliver strategic advice and habitat management for biodiversity-first land management and development, and we have experience going back over 30 years centered on biodiversity enhancement. Our team works in collaboration with developers, conservationists, engineers, farmers and other land stakeholders to develop end-to-end biodiversity strategies. Even if biodiversity considerations are unfamiliar territory, we have the tools and expertise to support you with BNG.

While BNG is a positive step forward, a number of different issues with it have been highlighted which may limit some of the ecological benefits tied to its implementation. As a result of this, Ecosulis will soon be offering ‘BNG+’, which will seek to shift from a sole focus from ‘biodiversity net gain’ to better characterise ecological integrity (and associated uplift), this being an important foundation for biodiversity and ecosystem health.

Government guidance on BNG can be found here:

Understanding biodiversity net gain - GOV.UK (www.gov.uk)