BNG Update

Following a number of postponements, DEFRA has officially announced the commencement date for the introduction of Biodiversity Net Gain (BNG).

 

From 12th February 2024, BNG becomes mandatory for new planning applications for major development (subject to the confirmed exemptions), which is only a couple of weeks away. Major development includes residential developments with 10 or more dwellings, or where the site area is greater than 0.5 hectares.

 

The policy, introduced by the 2021 Environment Act, will require developers to demonstrate how they plan to achieve a minimum 10% increase in biodiversity with all new developments in order to obtain planning permission. Because the 10% BNG requirement set out in legislation is mandatory, so there is no scope for local authorities to reduce the requirement based on viability or other issues.

 

Transitional arrangements

There will be a transition period for small sites which means that BNG won’t apply to smaller schemes until 2nd April 2024. Small site development includes:

• Residential development where the number of dwellings is between 1 and 9, or if unknown the site area is less than 0.5 hectares.
• Commercial development where floor space created is less than 1,000 square metres or the total site area is less than 1 hectare.

These transitional arrangements also mean that if a section 73 application is made to vary a planning condition on an application which was either submitted or approved before the BNG start date, that section 73 application will also be exempt from BNG.

 

Exemptions

Applications made under other routes, for example deemed permissions under section 90 TCPA 1990 or permission granted by a Local Development Order, will not be subject to mandatory BNG, yet.

The approval of reserved matters for outline planning permissions are also not within the scope of biodiversity net gain (as they are not a grant of planning permission).

 

BNG also does not apply to certain other types of development including householder development, schemes allowed under permitted development rights, small self-build schemes and proposals affecting less than 25sqm of habitat or 5m of linear habitat (such as a hedgerow).

 

For further information, please contact Jonathan Buckwell or Lauren Sinden.