We are now 9 months on from the introduction of mandatory Biodiversity Net Gain (BNG), which requires all developments to demonstrate a minimum 10% net gain for biodiversity.

So how have local planning authorities learned and adapted over this period and what are the ecology requirements to support BNG applications?

What is required for a BNG application?

BNG applies to all major developments across England. This is inclusive of minerals and renewable developments, including those which are phased developments. It stipulates a minimum 10% net gain for biodiversity (in some cases, local planning policy may require more than 10% and this must be taken into consideration).

The Department for Environment, Food and Rural Affairs (DEFRA) has released guidance on what is required in support of a planning application that is captured by BNG:

- A pre-development biodiversity value of the site, often conducted as part of a Preliminary Ecological Appraisal (PEA) by a suitably qualified ecologist.

- Plans drawn to an identified scale showing existing onsite habitats

- A completed ‘statutory biodiversity metric tool’.

- If the gains are sufficient, a post-development biodiversity value of the site will also need to be submitted, along with plans showing post-development habitats.

- If the developer plans to use offsite providers, this must be provided upfront.

It is highly recommended that developers engage with both their ecological consultants and the LPA with respect to BNG in the early stages of a project. Each LPA publishes their own validation checklist and BNG technical guidance. Early engagement will ensure that applications can be designed to meet the specific requirements of each LPA. It has become clear that this early engagement with all parties helps minimise delays and keep costs in check.

Onsite? Offsite? Credits?

Every project must follow the biodiversity hierarchy. Essentially, this means:

- Avoiding adverse effects on valuable habitats

- If this is unavoidable, compensating for those adverse effects by prioritising in order: enhancing existing onsite habitats, creating onsite habitats, allocating registered offsite gains and finally, purchasing biodiversity credits (the mitigation hierarchy)

If the mitigation hierarchy is not followed, LPAs can and will refuse planning permission, which can lead to delays and incur additional costs. Again, early engagement with the process can avoid this, and ensure that the requirements for a BNG application are met.

If the required biodiversity net gain cannot be met on site, then developers can apply to registered habitat banks such as Civity to buy offsite units. This can be delivered anywhere in England, however there are incentives within the metric for delivering the enhancements locally (e.g. strategically significant areas identified within an LPA’s Local Nature Recovery Strategy (LNRS)). This is ongoing and local authorities are at different stages of completion.

Habitat Management and Monitoring Plans (HMMP)

If sufficient gains are being achieved on site, then these must be secured for a minimum of 30 years. This can be done through the creation of a Habitat Management and Monitoring Plan (HMMP). The HMMP in large part replaces the Landscape and Ecological Management Plan (LEMP), but much of the content will be similar. The HMMP is more specific to habitat management for the purposes of BNG (e.g. how grassland might be enhanced to the specified condition).

For particularly complex habitats (e.g. lowland heath), this information may be required upfront for the local authority to have confidence that it can be delivered. However, for the majority of sites, the HMMP can be secured via a planning condition (Note: this does vary between LPAs).

Biodiversity Gain Plan (BGP)

Once planning permission has been granted, applicants must submit a biodiversity gain plan (BGP) to the LPA for approval, summarising how the applicant plans to meet the minimum 10% net gain.

Defra’s BGP is essentially a register for BNG at a site, setting out areas of habitats on and/or off-site which will be used to deliver the required BNG.

Developers can submit draft BGPs in the pre-planning process if they have the information available to them. However, this is not a requirement and, in many cases, a BGP can be submitted after the grant of planning permission. LPAs will then have 8 weeks to respond to this.

What have LPAs learned?

There is no set way that LPAs have approached BNG, as the guidance is, in many cases, deliberately ambiguous. Nuances of the metric, habitat conditions, ‘significant’ enhancements and habitat management are all factors that need to be taken into account when reviewing applications.

To try and combat this, some LPAs have employed specialists to help them review Biodiversity Net Gain Assessments (sometimes referred to as Biodiversity Impact Assessments (BIAs), draft S106 agreements and determine planning applications.

This remains an evolving process as in many cases, ongoing monitoring, enforcement and remedial measures have yet to be finalised. It is likely that as with the determination process, LPAs will take different approaches to deal with this.

Local to us, South Oxfordshire and The Vale of White Horse District Councils have defined their process and require a legal agreement to be set up to enable the Councils to discharge their duty in long-term monitoring of the application site. The BNG monitoring and legal fees are required after planning permission has been secured, but prior to works commencing on site.

Summary:

For most BNG applications, LPAs will require the following to inform the planning application:

- A pre-development baseline of the habitats present on site

- Completed statutory metric and condition assessment sheets

- Plans drawn to scale showing location and size of habitats

- Post-development plans

- Details of any off-site land or credits (if applicable)

It’s become clear that BNG should be considered as early as possible at the start of projects, optimising the approval process and ultimately saving both time and money. Here at Ecology by Design, we are experienced in all aspects of BNG, from feasibility to project delivery and can offer practical and pragmatic solutions for your project. For an informal chat, contact us at hello@ecologybydesign.co.uk

Nov 2024