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BNG online is a partnership between the Planning Advisory Service and the Future Homes Hub, to help Local Planning Authorities (LPAs) and the development sector prepare for Biodiversity Net Gain (BNG) in England. The service also aims to set out good practice and to encourage LPAs and developers to work together to achieve the Government's aims for Biodiversity Net Gain, with a particular focus on smaller developers:
secure positive outcomes for biodiversity,
improve the process for developers, and
create better places for local communities
Biodiversity net gain (BNG) is a government policy to make sure that habitat for wildlife is in a better state than it was before development. BNG requires developers to provide at least 110% of the biodiversity value found on the site prior to their development. BNG can be delivered either fully or in part through on-site habitat, off-site habitat, or as a last resort, the purchase of statutory biodiversity credits.
You will need to understand the requirements of BNG if you’re a:
Developer
Local planning authority
Land manager wanting to sell in the BNG market
Created and enhanced habitat will be secured for a minimum of 30 years. Habitat is used as a proxy for calculating biodiversity.
Only the statutory biodiversity metric calculation tool (main or small sites version) can be submitted to evidence the net gain requirement is met.
Through integrating on-site BNG delivery in project designs at the outset, developers will have the opportunity to be creative about incorporating nature. This could make:
Developments more attractive for potential residents and the local community
BNG easier and potentially cheaper to deliver
The statutory biodiversity credit scheme aims to ensure that the pace of development in England is not impacted by the introduction of mandatory BNG by providing a last resort alternative if on-site and off-site options are unavailable. In BNG, there is a key difference between biodiversity units and credits:
Biodiversity units refers to the output of the biodiversity metric. It’s also the term used for the sale of off-site biodiversity units, such as ‘1 unit of modified grassland costs £xx’
Statutory credits are the last resort option for developers provided by government if the site’s BNG cannot be delivered onsite or via purchasing off-site biodiversity units
Read steps for developers to meet BNG requirements.
Local Planning Authorities (LPAs) play a central role in BNG. BNG will primarily be consented and enforced through the planning regime. LPAs may also need to legally secure off-site gain sites on behalf of local landowners. LPAs will have to triage BNG applications and ensure a statutory metric is submitted, a biodiversity gain plan is received and check proportionate habitat management and monitoring information is provided for significant on-site gains.LPAs also have opportunities to pursue additional income streams, such as selling off-site units from your own local authority land.
Read Biodiversity net gain: what local planning authorities should do.
LPAs should also note the following:
If the applicant is submitting a Small Site Metric (SSM) sheet, the developer is responsible for selecting the competent person for completing the SSM. The competent person does not need to be an ecologist for the SSM. The Local Planning Authority does not need to verify the competent person.
Smaller developments should generally be subject to fewer information requirements than a major development unless the development would have an adverse impact on valuable on-site habitats. For example: on smaller sites where the existing habitats impacted have a low biodiversity value and the scope for on-site enhancements is limited it may not be appropriate to request a substantive amount of information from applicants, and the Local Planning Authority may want to rely on the minimum information requirements.
So long as the spatial multiplier and the trading rules are correctly applied, off-site units can be secured from any registered off-site provider in England.
The Government has stated that digital tools may be used to support the BNG process, so long as only the statutory biodiversity metric sheet / the SSM are finally submitted with the planning application and to discharge the biodiversity gain condition.
Developers are encouraged to consider Biodiversity Net Gain (BNG) early in the development process and factor it into site selection and design. They should consider the BNG implications for each potential area during the site selection process.
In particular, when considering different potential sites for a development, developers are encouraged to calculate the current biodiversity value of the land, as determined by the statutory biodiversity metric / Small Site Metric (SSM).
To make this process simpler, developers may use digital tools to help them determine this score, so long as those tools produce the statutory biodiversity metric and/or the Small Site Metric (SSM).
In addition to calculating the score, developers should also consider whether there are any irreplaceable or high distinctiveness habitats on the site (i.e. habitats with a distinctiveness score of four or more). They should consider any potential adverse effects that the development might have on all habitats within the site, and the potential to compensate such adverse effects with on-site enhancements.
Local Planning Authorities should also consider the above during a Call for Sites exercise.
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How is biodiversity net gain applied through the planning process?Paragraph: 002 Reference ID: 74-002-20240214
In order to be listed here, commercial digital tools that support applicants with producing a metric sheet must have UKHAB licenses for use on small sites and meet prescribed requirements - including production of the statutory biodiversity metric sheets or Small Site Metric (SSM) sheets. All statutory metric tools and guides can be found here.
The Biodiversity Net Gain Tool. Can be used to iterate site design and comply with the mitigation hierarchy. Also allows the user to determine if they are eligible to use the Small Site Metric (SSM).
Paragraph 185 of the National Planning Policy Framework states, to protect and enhance biodiversity and geodiversity, plans should among other things identify and pursue opportunities for securing measurable net gains for biodiversity. Planning authorities and neighbourhood planning bodies when preparing new policies in line with paragraph 185 will want to take account of the statutory framework for biodiversity net gain.
Site Allocation means that an area has been allocated for a particular type of development or use (such as housing) within a development plan. Local Planning Authorities (LPAs), as part of the site allocation process and when drafting site allocation policies will want to consider mandatory BNG requirements.
In particular, LPAs may wish to provide guidance to support potential developers, including any impact that Local Nature Recovery Strategies or other local policies may have on the BNG requirements, so that applicants can take this into consideration during site selection and/or the site feasibility and design stages of the application.
It should be anticipated that developers would need to be able to satisfy the Planning Inspector at the Local Plan Examination in Public that there are suitable solutions for BNG and there is likely to be a strong preference for this to be dealt with on site.
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How should plan-makers deal with biodiversity net gain? Paragraph: 006 Reference ID: 74-006-20240214
In order to be listed here, commercial digital tools that support applicants with producing a metric sheet must have UKHAB licenses for use on small sites and meet prescribed requirements - including production of the statutory biodiversity metric sheets or Small Site Metric (SSM) sheets. All statutory metric tools and guides can be found here.
The Biodiversity Net Gain Tool. Can be used to iterate site design and comply with the mitigation hierarchy. Also allows the user to determine if they are eligible to use the Small Site Metric (SSM).
Developers should ensure that, during the site’s feasibility assessments, they are able to fully comply with all relevant mandatory BNG requirements. In particular, they need to ensure that they are able to fully comply with the mitigation hierarchy and that the biodiversity gain objective can be fully met.
At this stage, the developer may wish to determine whether they are eligible to use the Small Site Metric (SSM). If they are, they will not need to use a suitably qualified ecologist to complete the metric sheet which can save time and money.
The Government has stated that developers can use digital tools to help them comply with their Biodiversity Net Gain requirements, however they must make sure that the final output is either a statutory biodiversity metric sheet or a Small Site Metric (SSM) sheet.
Complying with the mitigation hierarchy means that:
The developer must seek to ensure that there are no adverse effects to Irreplaceable Habitats, Very High Distinctiveness Habitats, High Distinctiveness Habitats or Medium Distinctiveness habitats within the red line boundary. If such harms cannot be avoided, they should then seek to effectively mitigate these.
Any adverse effect on any habitat will need to be compensated by prioritising in order, and where possible, the enhancement of existing on-site habitats, creation of new on-site habitats, allocation of registered off-site gains and finally the purchase of biodiversity credits.
Developers should be aware that, when compensating for adverse impacts, they will need to comply with the relevant trading rules.
Developers should note that Paragraph 186(c) of the National Planning Policy Framework provides strong policy protections for irreplaceable habitats when determining planning applications: development resulting in the loss or deterioration of irreplaceable habitats should be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists.
Developers are strongly encouraged to engage with the LPA and make use of any pre-application advice services that are offered by them to see if there are specific requirements.
Developers may wish, at this stage, to consider whether they are able to purchase off-site units in the event that they cannot secure the requisite Biodiversity Units through on-site enhancements or creations. They should ensure that any off-site Biodiversity Units are properly registered with Natural England and are secured for at least 30 years via a Conservation Covenant with a responsible body or a section 106 arrangement.
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How is biodiversity net gain applied through the planning process?Paragraph: 002 Reference ID: 74-002-20240214
What is the Biodiversity Gain Hierarchy and how does it relate to the mitigation hierarchy for planning decisions where there is a significant harm to biodiversity? Paragraph: 008 Reference ID: 74-008-20240214
In order to be listed here, commercial digital tools that support applicants with producing a metric sheet must have UKHAB licenses for use on small sites and meet prescribed requirements - including production of the statutory biodiversity metric sheets or Small Site Metric (SSM) sheets. All statutory metric tools and guides can be found here.
The Biodiversity Net Gain Tool. Can be used to iterate site design and comply with the mitigation hierarchy. Also allows the user to determine if they are eligible to use the Small Site Metric (SSM).
Planning Portal. Provides developers with the means to submit their planning application and find planning guidance.
When designing their intended works and preparing their planning application, the applicant will need to make sure that their works fully comply with the requirements of mandatory Biodiversity Net Gain, and that they produce all documents that are required under Section 7A of the Town and Countryside Planning Act 1990 (as amended).
The Government has stated that an applicant can use digital tools to produce and iterate their design in order to make sure they comply with Biodiversity Net Gain requirements. However, the applicant must make sure that the final metric sheet they submit to the LPA is either a statutory biodiversity metric sheet or a Small Site Metric Sheet (SSM).
Throughout the design process, the applicant should have regard for the BNG trading rules and the importance of complying with the mitigation. They should ensure that they have a competent person to conduct a site survey and a responsible person to complete the BNG process.
In order to complete the metric sheet, the competent person will need to complete a site survey. The date that this survey takes place on is important because, while there is no restriction on when a site survey may take place, the applicant should also try to ensure that the day they describe the baseline biodiversity value is the day they make their application. The applicant will need to justify using an earlier date.
The applicant should ensure that they do the following:
Select a competent person to complete the site survey. For the statutory metric, this must be a suitably qualified ecologist. For the Small Site Metric (SSM), it does not need to be an ecologist.
Produce a statutory biodiversity metric sheet (or, if they are eligible, a SSM sheet) setting out the baseline habitats. This should be based on a site survey by a competent person. They should also consider possible post-development assessment as well.
Using the statutory metric sheet, calculate the pre-development biodiversity value of the on-site habitat on the date of application (or earlier).
Produce a statement stating whether activities have been carried out prior to the date of application (or earlier proposed date), that result in loss of on-site biodiversity value (‘degradation’). If so, they will need to provide additional information.
A description of any irreplaceable habitat (if applicable)
Produce plan(s), drawn to an identified scale and showing the direction of North, showing on-site habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).
Comply with all requirements set out in the User Guide / Small Site User Guide and in Schedule 7A of the Town and Countryside Planning Act
In addition, the applicant should consider all requirements that their Local Planning Authority (LPA) may have in addition to the mandatory Biodiversity Net Gain. If they have not done so already, the applicant may wish to engage with the LPA and make use of any pre-application advice services that are offered by them to see if there are specific requirements.
While not strictly required, applicants should seek to comply with best practice and should also consider producing a first version of a post-development metric sheet and a draft Biodiversity Gain Plan at this stage. In doing so, they should apply the mitigation hierarchy and see if it is possible to adjust the design so as to avoid and minimise adverse impacts on local habitats.
The applicant should also consider producing a draft Habitat Management and Monitoring Plan (HMMP) if they believe that there will be significant on-site habitat gains.
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How is biodiversity net gain applied through the planning process?Paragraph: 002 Reference ID: 74-002-20240214
How is the biodiversity gain objective of 10% gain calculated? Paragraph: 005 Reference ID: 74-005-20240214
What is the Biodiversity Gain Hierarchy and how does it relate to the mitigation hierarchy for planning decisions where there is a significant harm to biodiversity? Paragraph: 008 Reference ID: 74-008-20240214
What information must an applicant submit as part of a planning application if they believe that the statutory biodiversity gain condition applies to the development? Paragraph: 011 Reference ID: 74-011-20240214
What is the date used to calculate the onsite pre-development biodiversity value? Paragraph: 012 Reference ID: 74-012-20240214
May local planning authorities request further information relating to biodiversity net gain as part of the planning application? Paragraph: 013 Reference ID: 74-013-20240214
In order to be listed here, commercial digital tools that support applicants with producing a metric sheet must have UKHAB licenses for use on small sites and meet prescribed requirements - including production of the statutory biodiversity metric sheets or Small Site Metric (SSM) sheets. All statutory metric tools and guides can be found here.
The Biodiversity Net Gain Tool. Can be used to determine if a site is eligible to use the Small Site Metric (SSM) and produce SSM metric sheets, Biodiversity Gain Plans and Habitat plans.
Environmental Benefits from Nature tool. Provide developers, planners and other interested parties with a means of enabling wider benefits for people and nature from biodiversity net gain
Planning Portal. Provides developers with the means to submit their planning application and find planning guidance.
Under the statutory framework, from 12 February 2024, every grant of planning permission in England is deemed to have been granted subject to the condition that the biodiversity gain objective is met. The list of exemptions from this requirement is narrow, focused and only open to certain types of application. Applicants will need to provide detailed reasons to justify any claim of exemption (and possibly evidence as well).
Applicants can use digital tools to help identify if they are exempt and what reasons they should provide to the Local Planning Authority.
Householder development. Development which is subject of a householder application as defined within Article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
Temporary exemption for non-major development. This is open to non-major applications that were first submitted before 2 April 2024. To be eligible, the applicant should set out that the development does not meet the definition of major development set out under Article 2 Town and Country Planning (Development Management Procedure) (England) Order 2015. The exemption will continue to apply to section 73 permissions where the original permission which the section 73 relates to was subject to this temporary exemption.
Development granted planning permission by a development order under section 59. This includes permitted development rights.
Development subject to the de minimis exemption. To be eligible, the applicant will need to demonstrate that the development that does not “impact” a priority habitat and “impacts” less than 25 square metres (e.g. 5m by 5m) of onsite habitat, or 5 metres of linear habitats such as hedgerows (note that “impact” is defined by The Biodiversity Gain Requirements (Exemptions) Regulations 2024). When providing reasons for the de minimis exemption, an applicant should provide sufficient evidence to support their justification. Where it cannot be clearly demonstrated through site plans and descriptions, applicants are strongly encouraged to provide a completed metric for the pre-development and post-development value for the onsite habitat and clear plans identifying the nature and size of this pre-development onsite habitat and how much of it will be impacted by the development (BNG PPF Paragraph: 004 Reference ID: 74-004-20240214).. An example of the sort of application which would be eligible to a de minims exemption would be a minor extension to a visitor centre at a public nature park to accommodate a new accessible ramp and entrance lobby on an existing hardstanding area.
Self-build and custom build development. To be eligible, the development must:consist of no more than 9 dwellings, and be carried out on a site which has an area no larger than 0.5 hectares, and consist exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015.
Urgent Crown development granted permission under section 293A of the Town and Country Planning Act 1990.
Development of a biodiversity gain site. Development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the biodiversity gain condition which applies in relation to another development.
Development related to the high speed railway transport network. Development forming part of, or ancillary to, the high speed railway transport network comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
Which planning permissions are in scope and which are exempt from biodiversity net gain? Paragraph: 003 Reference ID: 74-003-20240214
What development does the de minimis exemption apply to? And how should it be assessed? Paragraph: 004 Reference ID: 74-004-20240214
In order to be listed here, commercial digital tools that support applicants with producing a metric sheet must have UKHAB licenses for use on small sites and meet prescribed requirements - including production of the statutory biodiversity metric sheets or Small Site Metric (SSM) sheets. All statutory metric tools and guides can be found here.
The Exemption Checker. A simple tool for applicants to determine if their site is eligible for one of the various exemptions and to produce the detailed reasons that they need to submit with their planning application.
Planning Portal. Provides developers with the means to submit their planning application and find planning guidance.
The information in each of the following ‘Application Stages’ has been designed by Planning Advisory Service (PAS) to summarise the key steps when processing a planning application following the introduction of mandatory Biodiversity Net Gain (BNG). It is primarily for LPAs but has been written in a way that helps both applicants and LPAs to factor BNG considerations in as early as possible in the process. It outlines the types of information that will be useful for applicants to provide and the help and guidance that LPAs can provide.
BNG is not just a post-permission matter, and successful BNG strategies by developers will need to have been considered throughout the planning process. BNG is new for everyone and the more information that LPAs and applicants can share, the more we can all learn about what makes the process efficient and what works best when processing planning applications that include the delivery of the mandatory 10% BNG. We will update and improve this guide as we learn more.
The following planning application stages include a summary of each stage and some key information. There are also links to a variety of government regulations and guidance and general resources that will assist in preparing and processing a planning application. It is not exhaustive and will be updated and added to as we learn more from the experiences of planners and applicants.
Planning Advisory Service (PAS) has produced numerous resources to help Local Planning Authorities (LPAs) prepare for Biodiversity Net Gain (BNG). These are:
BNG Development Management Toolkit- This is PAS's first stab at helping to explain how mandatory BNG works in a development management context for local planning authority officers via a couple of slide-packs and some videos. We have worked with our biodiversity net gain practitioner network and other friends of PAS to develop these. They are as current as the date on the version shared here and we will update as we learn more, have more examples and understand it all better.
BNG Readiness Checklist - In the run-up to Biodiversity Net Gain (BNG) going live, Planning Advisory Service (PAS) produced a checklist setting out a series of activities to help LPAs form an implementation plan to prepare for mandatory biodiversity net gain.
Resourcing BNG for Local Planning Authorities – a short guide to help local authorities understand the skills and expertise they are likely to need to meet the requirements of mandatory BNG. It also provides examples of how local authorities can best secure natural environment skills and expertise.
Biodiversity Net Gain FAQs - PAS has built up a considerable wealth of knowledge about the BNG process and has a useful bank of frequently asked questions. They need a little rationalising but are a great source of information.
Latest PAS Events – recordings and presentation materials. PAS regularly runs events for local authorities covering a wide variety of topics related to BNG.
BNG is not just a post-permission matter, and successful BNG strategies by developers will need to have been considered throughout the planning process. Before submitting a planning application, the government’s guidance encourages applicants to consider BNG early in the development process and where appropriate to discuss and obtain planning advice for their development with the local planning authority (LPA).
LPAs will usually provide this advice through its Pre-Application (Pre-App) advice service and should make sure that any BNG advice as it relates to the planning process s integrated with all relevant Pre-App advice options.
To establish if a development proposal is subject to/exempt from BNG;
Where BNG applies, to obtain feedback on the proposed strategy for achieving BNG;
Consider the NPPF habitats and biodiversity hierarchy, and the Biodiversity Gain Hierarchy to inform the design of the proposal(s).
Think about the whole development proposal. BNG should be considered alongside the usual and more general Pre-App advice that helps applicants address potential issues, comply with planning regulations and national/local policy, and improve the overall quality of the proposal.
For BNG specifically, some applicants will be very early on in their thinking and may just require general advice such as is this site / type of development exempt?
Some applicants will be further along in the process. They may have carried out some work as part of their site selection process, and may have useful information to share with the LPA. This information will help to have a better-informed conversation about the applicant’s BNG intentions. In these instances and where it exists, it is helpful if the applicant can provide:
Any self-assessment information on whether BNG applies.
A draft BNG or Ecological statement.
Any preliminary biodiversity metric calculations.
Early thoughts on the mitigation hierarchy.
Proposals for minimising biodiversity impacts, and how biodiversity might be enhanced.
Intentions about the role of on/off-site mitigation.
Any draft legal agreement (e.g. S106) heads of terms?
LPA’s may provide other information to help keep applicants up to date with the BNG requirements via its website, agent/developer forum, and through general/supplementary guidance.
Biodiversity net gain: what local planning authorities should do - GOV.UK (www.gov.uk)
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How is biodiversity net gain applied through the planning process? BNG PPG Paragraph: 002 Reference ID: 74-002-20240214
What planning applications are in scope? – BNG PPG Paragraph: 003 Reference ID: 74-003-20240214
De Minimis exemption – BNG PPG Paragraph: 004 Reference ID: 74-004-20240214
Biodiversity Gain Hierarchy: BNG PPG Paragraph: 008 Reference ID: 74-008-20240214
Phased developments: BNG PPG Paragraphs Reference ID: 74-(053-063)-20240214
The LPA Portal, a tool that allows LPAs to add advice to the Biodiversity Net Gain Tool
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
BNG is not just a post-permission matter, and successful BNG strategies by developers will need to have been considered throughout the planning process. Validation is the process that allows the Local Planning Authority (LPA) to check that new planning applications are complete and include all relevant supporting information. Planning applications include a specific section for applicants to complete for Biodiversity Net Gain (BNG). The national validation approach for BNG includes a set of minimum required information (see Table 1 below) and a validation protocol for BNG Metric files set out by Natural England (described below). Table 1 below sets out the National Validation requirements based on the Biodiversity Net Gain (BNG) Planning Practice Guidance (PPG). Applicants should also meet any local validation requirements (see Table 2 below) and are encouraged to provide as much additional information as possible with the application information - this will help assist the LPA to complete its assessment of the application in a timely manner. If any of this information is missing the LPA may not be able to validate the application, which may cause delays while the missing information is obtained.
Required information
Description
Statement confirming whether application is subject to BNG condition . See below - the reasons and possibly evidence will be required to support a claim that a development is exempt from the BNG requirement.
Statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition.
Where to find it
Application Form
Pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date)
Includes the completed Biodiversity Metric calculation tool from HM Government used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value.
Statutory biodiversity metric tools and guides - GOV.UK (www.gov.uk)
(If applicant is proposing a biodiversity value at an earlier date than the application date).
Where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for using that that date.
Statement confirming whether biodiversity value is lower on date of application due to degradation.
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.
Description of any irreplaceable habitat
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).
Scaled plan showing onsite habitat on date of application/earlier date
A plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or an earlier date), including any irreplaceable habitat.
Required information
Statement confirming whether application is subject to BNG condition . See below - the reasons and possibly evidence will be required to support a claim that a development is exempt from the BNG requirement.
Description
Statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition.
Where to find it
Application Form
Required information
Pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date)
Description
Includes the completed Biodiversity Metric calculation tool from HM Government used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value.
Statutory biodiversity metric tools and guides - GOV.UK (www.gov.uk)
Where to find it
Application Form
Required information
(If applicant is proposing a biodiversity value at an earlier date than the application date).
Description
Where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for using that that date.
Where to find it
Application Form
Required information
Statement confirming whether biodiversity value is lower on date of application due to degradation.
Description
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.
Where to find it
Application Form
Required information
Description of any irreplaceable habitat
Description
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).
Where to find it
Application Form
Required information
Scaled plan showing onsite habitat on date of application/earlier date
Description
A plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or an earlier date), including any irreplaceable habitat.
Where to find it
With Application
Natural England has set out validation checks for LPAs to run on BNG Metric files; if the file fails these checks, the application can be considered invalid. These involve checking that (i) the latest version of the Metric has been used, (ii) the assessor name and assessment date have been provided, and (iii) there are no ‘red-box’ errors within the Metric, unless the applicant has provided a justification for these errors. The Natural England validation protocols for BNG Metrics are likely to evolve.
In addition to the above minimum information requirements (and especially where it is likely that planning obligations/legal agreements will be required to secure significant biodiversity gains) the Local Planning Authority may ask for further information to be provided.
When planning obligations are used for biodiversity net gain, it's advisable to submit information on potential obligations that may be required if planning permission is granted. For instance, if there's a need for significant on-site biodiversity enhancements, applicants should include a draft Biodiversity Gain Plan and draft Habitat Management and Monitoring Plan with the application. Similarly, if an off-site biodiversity gains site is required, applicants should provide the local planning authority with draft heads of terms outlining the likely obligations in a section 106 agreement if permission is granted.
This may be termed ‘local’ validation requirements. Examples are set out in Table 2 below.
Complete Biodiversity Metric (including post-development information)
While the national legislative requirement is for baseline information only, many LPAs are clarifying that complete Metrics (i.e. including interventions) should be submitted as part of the application. This can reduce risks for applicants and LPAs and delays later in the process
Draft Habitat Management and Monitoring Plan and increase of onsite biodiversity enhancements
Significant increase of onsite biodiversity enhancements, then applicants are encouraged to provide a draft Habitat Management and Monitoring Plan as part of the application which sets out the proposals for long term maintenance of habitats to be secured through planning condition or planning obligation.
Draft Habitat Management and Monitoring Plan and increase of onsite biodiversity enhancements
Provide information about how the applicant intends to meet the BNG objective, including details of proposed significant on-site enhancements
Significant onsite and/ offsite biodiversity gain information and draft heads of terms for S106 agreement
An off-site biodiversity gains site specifically to provide gains for the development, then applicants are encouraged to provide the local planning authority with draft heads of terms clearly setting out the obligations that they are likely to be bound by in a section 106 agreement, should permission be granted.
Phased development
When submitting a planning application for phased development, applicants should provide detailed information to help the local planning authority assess how to achieve at least a 10% biodiversity gain. This includes outlining the balance between onsite and off-site gains, proposing significant onsite improvements and their phased implementation, and discussing potential requirements for s106 agreements. Pre-application engagement should involve discussions between applicants and authorities to clarify biodiversity net gain information requirements. While a draft Overall Biodiversity Gain Plan can be included, additional details may be needed to secure gains through planning conditions or section 106 obligations if permission is granted.
If an applicant has claimed that they are exempt from the mandatory Biodiversity Net Gain requirement, they will need to provide reasons and possibly evidence (especially if they have claimed that the development is eligible to a de minimis exemption).
In such cases, the Local Planning Authority should consider whether the proposal is genuinely exempt at the validation stage. They will want to consider particularly carefully those statements stating that a development proposal will be subject to a de minimis exemption (especially where the proposal is for substantive building works and there are significant areas of onsite habitat where the distinctiveness is higher than very low within the red line boundary).
The applicant would be expected to provide set out what exemption(s) or transitional provision(s) apply to the development. In certain cases, evidence may need to be provided, especially for the de minimis exemption (for example, where it cannot be clearly demonstrated through site plans and descriptions whether an onsite habitat would be lost or degraded by the development, applicants should be strongly encouraged to provide a completed metric for the pre-development and post-development value for the onsite habitat and clear plans identifying the nature and size of this pre-development onsite habitat and how much of it will be impacted by the development.)
Biodiversity net gain: what local planning authorities should do - GOV.UK (www.gov.uk)
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
What information should be submitted with an application?
BNG PPG Paragraphs: 010 - 015 Reference ID: 74-(010-015)20240214
BNG PPG Paragraph: 011 Reference ID: 74-011-20240214
Phased developments: BNG PPG Paragraphs Reference ID: 74-(053-063)-20240214
How is biodiversity net gain applied through the planning process? BNG PPG Paragraph: 002 Reference ID: 74-002-20240214
What planning applications are in scope? – BNG PPG Paragraph: 003 Reference ID: 74-003-20240214
De Minimis exemption – BNG PPG Paragraph: 004 Reference ID: 74-004-20240214
Biodiversity Gain Hierarchy: BNG PPG Paragraph: 008 Reference ID: 74-008-20240214
Phased developments: BNG PPG Paragraphs Reference ID: 74-(053-063)-20240214
Five ways to make validation of Biodiversity Net Gain applications work for you
All statutory metric tools and guides can be found here.
The LPA Portal, a pro bono tool that allows LPAs to check whether a application is eligible for an exemption
Mycelia BNG software, that supports LPAs with validation, assessment, monitoring and reporting
After a local planning authority has received a planning application, it will undertake a period of consultation where views on the proposed development can be expressed. The formal consultation period will normally last for 21 days, and the local planning authority will identify and consult a number of different groups.
As part of this consultation, the information submitted as part of the application, including the minimum Biodiversity Gain information will be made publicly available for comment.
There are no statutory requirements to consult a particular body or organisation prior to determining a planning application specifically related to biodiversity net gain. The normal consultation arrangements for planning applications apply.
Natural England is not a statutory consultee for biodiversity net gain matters in relation to individual applications. It should only be consulted where it is a statutory consultee under Article 18 of The Town and Country Planning (Development Management Procedure) (England) Order 2015. This includes Sites of Special Scientific Interest (SSSI), some instances where agricultural land is being lost.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do - GOV.UK (www.gov.uk)
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
Are there any specific consultation requirements for BNG? BNG PPG Paragraph: 018 Reference ID: 74-018-20240214
All statutory metric tools and guides can be found here.
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
The Local Planning Authority (LPA) will begin this stage alongside the consultation period. This is the stage where the LPA will consider all aspects of the development proposal and the representations received from the consultation before making a decision on whether or not to grant planning permission. Planning officers will weigh up all of the relevant factors affecting their decision and will set out in a report how they have reached their decision to grant or refuse planning permission.
The LPA may have a process for allocating certain applications to a more experienced/expert planning staff. On occasion, it may be necessary to consult ecologists and other environmental specialists when considering the information that the applicant has provided to demonstrate how the mandatory BNG objective will be met.
BNG is mandatory and a requirement in Law under the Biodiversity Act. Where local policy/guidance created prior to BNG becoming mandatory for planning applications (i.e. Feb 12th 2024 for Major applications, and April 2nd 2024 for Minor / small sites applications) then the statutory provisions are an important material consideration and in many cases will take precedence over local planning policy.
Why getting as much information as possible, as early as possible, is key:
The statutory framework for BNG requires the approval of a full Biodiversity Gain Plan (BGP) setting out how mandatory BNG objectives (at least a 10% net gain in biodiversity) before development can begin. However, a full and complete BGP is not required at this (the decision making) stage.
Whilst the final biodiversity gain plan must be formally submitted after grant of permission, it’s typically advantageous for a draft plan to be submitted to, and reviewed by, the LPAs at Application Submission stage so that any major concerns and risks can be identified and addressed as early as possible.
This is why working with the applicant early and throughout the process to get as much information at the pre-application and validation stages is important.
This information allows planners to reflect on how the applicant has considered BNG on the their site. Considerations include balancing on-site and off-site gains, appropriate habitat enhancements, and securing maintenance for at least 30 years where appropriate. Decision makers will want to understand and discuss potential section 106 obligations with applicants.
See ‘Planning Committee’ below - if the application goes to the LPA’s planning committee, this is often because the application is of significant interest to the local community - councillors on the planning committee will want to feel that they have as much information about the application and the BNG aspects as possible.
Some planning applications, e.g. due to the size or nature of the development, if it goes against planning policy, or because it has generated a higher than usual amount of local interest, may be decided by the LPA’s planning committee. Planning officers will consider the application, and recommend to planning committee members whether they feel the application should be approved or not. The planning committee will then consider all aspects of the application and then make the final decision.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do - GOV.UK (www.gov.uk)
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How does biodiversity net gain get taken into account in decision making? BNG PPG Paragraph: 019 Reference ID: 74-019-20240214
Applying existing local plan policies: BNG PPG Paragraph: 020 Reference ID: 74-020-20240214
Biodiversity Gain Hierarchy: BNG PPG Paragraph: 008 Reference ID: 74-008-20240214
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
Schedule 14 of the Environment Act sets out that a general 10% Biodiversity Net Gain (BNG) condition applies automatically to all planning permissions (except those exempt from BNG requirements). It goes on to state that biodiversity gain plan (BGP) should be submitted and approved by the planning authority before commencement of development.
The BNG condition has a separate statutory basis to all other planning conditions so it should not be listed alongside all other planning conditions. Instead, the government has provided a set of model wordings to be used in decision notices.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do - GOV.UK (www.gov.uk)
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
How does biodiversity net gain get taken into account in decision making?BNG PPG Paragraph: 019 Reference ID: 74-019-20240214
Part 2 (13) General condition of planning permission
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
Model wordings to be used in decision notices
DLUHC have published suggested text for use on decision notices to help local planning authorities to comply with the requirements on Biodiversity Net Gain. The use of this suggested text is discretionary, and local planning authorities should make decisions on the content of their decisions notices and may wish to get their own legal advice. You can find a link to the suggested text in paragraphs 025 and 026 of the Biodiversity Net Gain PPG.
Schedule 14 of the Environment Act sets out that a general 10% Biodiversity Net Gain (BNG) condition that applies automatically to all planning permissions (except those that can demonstrate with reasons and evidence (especially for the ‘de minimis’ exemption) that they are genuinely exempt from BNG requirements). It goes on to state that biodiversity gain plan (BGP) should be submitted and approved by the planning authority before commencement of development.
Biodiversity Gain Plan
A complete biodiversity gain plan (BGP)will be required for all relevant development.
A Biodiversity Gain Plan must be submitted in writing no earlier than the day after planning permission has been granted. It must:
Set out how the development will deliver biodiversity net gain (and allows the planning authority to check whether the proposals meet the biodiversity gain objective).
Applicants should note that whilst the final biodiversity gain plan must be formally submitted at this stage, it’s typically advantageous for a draft plan to be submitted to, and reviewed by, the LPAs at Application Submission stage so that any major concerns and risks can be identified and addressed as early as possible.
Be submitted and approved by the Local Planning Authority prior to commencement of the development.
Indicate Biodiversity net gain of minimum 10% delivered on site, off site or through purchasing statutory national biodiversity credits
See template biodiversity gain plan here: Biodiversity gain plan - GOV.UK (www.gov.uk)
If the off-site gain is secured with a legal agreement by the landowner, the developer does not need to enter a legal agreement.
If the developer is making:
off-site gains on their own land that’s outside the development site, they must secure these gains with a legal agreement;
significant on-site gains, they need to enter a legal agreement as the landowner (the LPA might also need to be involved in this legal agreement).
For phased developments there may be additional considerations for developers and LPAs to take into account through both legal agreements and contracts
All statutory metric tools and guides can be found here.
Part 2 (13) General condition of planning permission
Part 2 (14) Biodiversity Gain Plan
Part 2 (15) Approval of biodiversity gain plan
Biodiversity Net Gain – Planning Practice Guidance (BNG PPG)
De Minimis exemption – BNG PPG Paragraph: 004 Reference ID: 74-004-20240214
What must be included in a Biodiversity Gain Plan? BNG PPG Paragraph: 035 Reference ID: 74-035-20240214
See template biodiversity gain plan here: Biodiversity gain plan - GOV.UK (www.gov.uk)
Templates Available on PAS Website
BNG Condition: Securing biodiversity net gain on-site via a condition.
S106: Habitat Bank: Securing biodiversity gains as part of a wider habitat bank
S106: On-Site: Includes monitoring contributions and secures on-site biodiversity net gain by condition.
S106: Off-Site: Includes monitoring contributions and a habitat management and monitoring plan for off-site elements.
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
Biodiversity Gain Plan
Document which sets out how a development will deliver biodiversity net gain and allows the planning authority to check whether the proposals meet the biodiversity gain objective.
Must be submitted and approved by the Planning Authority prior to commencement of the development.
Indicate Biodiversity net gain of minimum 10% delivered on site, off site or through purchasing statutory national biodiversity credits.
See template biodiversity gain plan here: Biodiversity gain plan - GOV.UK (www.gov.uk)
Details and any evidence for any offsite biodiversity offsetting agreements/ statutory credits
Need to discuss with Planning Authority if offsite credits will be needed and then agree statutory credits can be purchased by the developer
Copy of any agreements
Proof of purchase
Habitat Management and Monitoring Plan
Document which sets out the proposals for long term maintenance of habitats to be secured
See optional template and checklist for HMMP here: Habitat Management and Monitoring Plan Template - JP055 (naturalengland.org.uk)
The developer will be required to provide regular reports on the on-site and off-site biodiversity gains. A monitoring fee will be charged by the Planning Service. This will be written in a legal agreement/Section 106 agreement agreed at condition stage. As part of drafting this, developers will need to consider how the BNG is maintained (whether it is on or off site) and who is responsible for this over the next 30 years.
Following the successful discharge of the BNG planning condition and any related pre-commencement conditions, construction of the development can go ahead. The construction phase will typically also be when the on-site BNG habitat areas are first set up, although in some cases this may happen before or after construction, as described in the planning application and discharge of condition documents.
Key Points
Land managers (see a definition of the term here) are responsible for ensuring that BNG measures committed to in the Habitat Management and Monitoring Plan, Biodiversity Gain Plan, Biodiversity Metric and legal agreements/planning obligations are implemented in full and maintained for a minimum of 30 years.
Similar to other construction certificates, LPAs should consider implementing a process to issue Habitat Creation Completion / Landscape Verification certificates once habitat areas are established.
Initial habitat establishment and sign-off
BNG must be implemented using the methods and to the timescales detailed in the Habitat Management and Monitoring Plan (HMMP) (for significant habitats – see text box below) and the Landscape and EcologicalManagement Plan (LEMP) (for non-significant habitats), and it must deliver the net gain predicted by the Biodiversity Metric. This will typically require careful planning and coordination with contractors during the construction phase. Responsibilities for doing the work are detailed in the Biodiversity Gain Plan.
Habitat areas can be established in advance or have a delayed start. This may have implications for the timing of construction works.
Retained habitats may also require specific protective measures to avoid damage, and this can be described within the Construction Environmental Management Plan (CEMP).
Once habitat areas are established, the LPA should see evidence of this. Best practice includes a planning condition that the developer must submit a verification report which confirms that any initial habitat creation works have been implemented. The LPA can then issue a certificate once they are satisfied that the habitat establishment works comply with commitments in theMetric, HMMP and LEMP documents. Only once this certificate has been issued will it then lawful to occupy the development. At this point, the habitat maintenance and monitoring phase commences.
Management and maintenance
Management and maintenance of significant habitat interventions is required for a minimum of 30 years per habitat. It should be noted that habitat interventions include habitats which are created or enhanced, but in much of the BNG guidance, these two interventions are collectively referred to as ‘enhancement’. The LPA needs to see proof of this as part of the regular monitoring (see Monitoring stage below). Non-significant enhancements do not normally require maintenance provisions.
What counts as significant enhancement?
The national guidance states that this will vary depending on the scale of development and existing habitat, but it will normally involve:
1. habitats of medium or higher distinctiveness
2. habitats of low distinctiveness that create a large number of biodiversity units relative to the biodiversity value of the site before development,
3. areas of habitat creation/enhancement that are large relative to the size of the development.
LPAs are able to have their own definition of significant enhancement/BNG. For example, in Leeds City, all on-site BNG is considered significant where the combined total BUs for area habitats, hedgerows and water courses is 5 or more.
‘Management’ activities are those that involve a change in how something is done, such as control of invasive species moving into a woodland habitat or fencing off a pond to reduce trampling of bankside vegetation. ‘Maintenance’ activities are those that are designed to continue an activity without change, i.e. works done to a set schedule, such as an annual cut of neutral grassland. Management and Maintenance measures should be detailed in the HMMP.
Duration
Habitats must be managed and maintained for a minimum of 30years, starting from when development is complete, even if the initial habitat creation or enhancement was done in advance. However, where habitat creation or enhancement is delayed, the 30-year obligation starts once the initial habitat establishment is complete.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do (www.gov.uk)
Creating a habitat management and monitoring plan for BNG (www.gov.uk)
Biodiversity net gain (www.gov.uk) Paragraph: 007 Reference ID: 74-007-20240214
Make on-site biodiversity gains as a developer (www.gov.uk)
Enter a legal agreement for biodiversity net gain (www.gov.uk)
Achieving net gain for biodiversity – guidance for developers (www.leeds.gov.uk)
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
Off-site delivery of BNG can involve one or more habitats, in one or more locations, and managed by one or more organisations. In some cases, off-site delivery will be managed by the developer who is building and/or operating the consented development, but in other cases, notably for minor developments, off-site delivery is likely to be undertaken by a habitat bank provider. Keeping track of all off-site delivery relating to developments requires careful management.
Key Points
Where an off-site location is owned or controlled by the developer, they will be responsible for ensuring that BNG measures committed to in the HMMP, Gain Plan and legal agreements are implemented in full.
Where a habitat bank provider is used, they will be responsible for ensuring that the agreed number of BUs are delivered and maintained for a minimum of 30 years.
Where statutory credits are purchased from Natural England, no further action is needed from the developer or the LPA.
Responsibilities
Responsibilities for habitat establishment and management will be detailed in the Biodiversity Gain Plan.Off-site BNG must be implemented as per the methods and tothe timescales provided in the HMMP, unless a habitat bank or statutory credits are being used, in which case the following applies:
Where a habitat bank is being used, the habitat bank operator will agree management measures with a Responsible Body or the LPA separately as part of the terms of the associated Conservation Covenant or section 106 Agreement. The developer will not be involved.
Where statutory credits have been purchased from Natural England as part of the process to discharge the BNG condition, the habitat management that they ultimately fund will be the responsibility of NE, and no further action is needed from the developer or the LPA.
Locations
Off-site BNG delivery can involve a number of geographic allocations to ensure that BUs are being delivered for all relevant habitats. For example, watercourse BUs may be provided by one habitat bank, and woodland BUs from another.
Duration
Habitats can be established in advance or with a delayed start. The government guidance makes clear that if habitat creation, enhancement and management work has not started by the time the allocation of off-site units has been recorded, this should start within 12 months of allocation. Habitats must be in place for the minimum 30 year-duration of the consented scheme, but where habitat establishment has been delayed, the30-year duration is extended accordingly.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do (www.gov.uk)
Biodiversity net gain (www.gov.uk) Paragraph: 007 Reference ID: 74-007-20240214
Make off-site biodiversity gains as a developer (www.gov.uk)
Creating a habitat management and monitoring plan for BNG (www.gov.uk)
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
Monitoring refers to the process of assessing whether habitat delivery is on track and, where it is not, ensuring adaptive management take place to steer habitat development in a satisfactory direction. Effective monitoring is therefore essential to the robust implementation of BNG and is a statutory duty for LPAs. There are two types of monitoring: Direct Monitoring of individual habitats, i.e. habitat surveys to determine type and condition undertaken by ecologists in the field, and Indirect Monitoring, which is the tracking by LPAs of overall BNG delivery to verify if obligations are being met.
A number of organisations have published free tools to calculate monitoring fees. These include Verna’s Monitoring Fee Calculator Tool and Buckinghamshire Council’s Biodiversity Accounting Financial Calculator.
Report templates can found at:
Natural England, HMMPT Monitoring Report Template 1.0 (Word) (publications.naturalengland.org.uk)
Natural England, HMMPT Monitoring Report Template 1.0 (Excel)(publications.naturalengland.org.uk)
Key Points
Monitoring is essential because it identifies whether habitat interventions are working or if a change in management is needed to address deficiencies. Monitoring done to standard methods is the most robust and efficient way to establish this. These methods should be detailed in the HMMP.
Land managers need to ensure that the necessary technical skills are available to undertake monitoring for a minimum of 30years. This can include qualified staff within the landowner’s organisation or external contractors, such as ecological consultants.
LPAs can charge for their indirect monitoring aspart of Section 106 agreements (see Step 6: Legal Agreement/PlanningObligations in Application Stage, above). Charges must be realistic and factor in inflation over 30 years.
LPAs need to actively track BNG delivery and any non-compliance must be identified and corrected. This is crucial to the delivery and ultimate success of BNG.
The purpose of monitoring
Monitoring refers to the process of assessing whether habitat delivery is on track, and effective monitoring by both the landowner/their agents and the LPA is therefore central to a robust implementation of BNG. Monitoring is a statutory duty for LPAs, and the results of monitoring activities are a central input into Biodiversity Duty reporting.
There are two types of monitoring:
Direct Monitoring involves site surveys to track individual habitat development (habitat type and condition). This is normally undertaken by the land manager, i.e. the landowner or their agents, such as a management company or a consultancy.
Indirect Monitoring is undertaken by the LPA and comprises the tracking of BNG schemes through the compilation of data in Direct Monitoring reports, and possibly other evidence such as review of aerial imagery and site visits (which are different from the site surveys in Direct Monitoring and mainly just verify that BNG habitat area remain in place).
How often is monitoring needed?
Habitat monitoring is needed for a minimum of 30 years, starting after completion of development. Habitat surveys and associated reporting undertaken as part of Direct Monitoring will normally be undertaken on a set schedule, e.g. in years 1, 3, 5, 10, 20 and 30. However, the frequency can vary between habitats. This will be detailed in the HMMP for the scheme that the LPA agreed with the developer during the process to discharge the BNG condition.
What needs to be monitored?
Monitoring is required for significant onsite habitats and for all offsite habitats. Features to be included, and the methods used in the monitoring, will have been identified in the HMMP.
What needs to be provided?
By the end of each year of Direct Monitoring, a report must be provided detailing the results of the survey work for all habitats monitored. As a minimum this must confirm, for each habitat, when the work was carried out, who did it and what their qualifications were, the current habitat classification and its condition. The report needs to clearly state if habitat development is on track or if a change is needed to habitat management/maintenance. If changes are required, this in turn may require changes to the HMMP, Biodiversity Metric or other documents, and these will need to be agreed with the LPA.
It will be good practice to also provide a progress section in the report for the early stages of habitat development, e.g. in years, 1, 3 and 5, demonstrating the annual work programmes that have been implemented. In subsequent years, this section can be reduced to a confirmation that maintenance and management works have been undertaken in accordance with the HMMP.
Natural England has produced a Monitoring Report template that can be used. While this is not mandatory, LPAs may wish to encourage its use so as to provide consistency in reports. However, it may not be necessary to provide lengthy reports in all monitoring years that repeat much text from earlier reports. For example, where Direct Monitoring in a given year replicates the work done in the previous monitoring year, the results can simply be supplied as a data sheet with a confirmation that the methods, etc, are as per the earlier report. Natural England has produced a template that works in this way. LPAs should consider agreeing such an approach with developers, as it will greatly reduce the time needed to compile and review BNG monitoring data.
Who is responsible for the Direct Monitoring?
Responsibilities for Direct Monitoring will be detailed in the Biodiversity Gain Plan and in legal agreements. Generally speaking, Direct Monitoring is the responsibility of the land manager.
Who is responsible for the Indirect Monitoring?
The guidance makes it clear that LPAs are responsible for Indirect Monitoring. Reports and data from Direct Monitoring must be sent to the LPA at the pre-determined intervals; the LPA will then assess if habitat development is on track. The LPA can decide to review other evidence or undertake site visits on an ad hoc basis.
LPAs can recoup the cost of monitoring BNG schemes by charging monitoring fees through s106 agreements or Conservation Covenants where the LPA is the Responsible Body. Where gains are secured using a Conservation Covenant, costs for monitoring activities should be reflected in the price of biodiversity units, and the LPA as the Responsible Body should then ensure that the Conservation Covenant allocates monitoring fees to the LPA.
Adaptive management
Where habitat development is not on track, adaptive management must be proposed by the land manager in line with provisions described in the HMMP. Where the provisions are insufficient, new measures must be proposed that are likely to steer habitat development onto a favourable trajectory. This may require updates to the HMMP and Biodiversity Metric that in turn must be agreed with the LPA, who must be sent copies of the updated documents.
It is vital that LPAs actively maintain a register of all BNG sites and commitments, so all BNG delivery is tracked, and any non-compliance is identified and corrected.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do (www.gov.uk)
Biodiversity net gain (www.gov.uk) (Paragraph: 002 Reference ID: 74-002-20240214)
Creating a habitat management and monitoring plan for BNG (www.gov.uk)
Make off-site biodiversity gains as a developer (www.gov.uk)
Mycelia BNG software, supports LPAs with tracking BNG schemes over time
A number of organisations have published free tools to calculate monitoring fees. These include:
Buckinghamshire Council’s Biodiversity Accounting Financial Calculator.
LPAs must include information on BNG delivery as part of their Biodiversity Duty reporting to Central Government. This is in addition to local reporting on BNG, e.g. for councillors, heads of service, and the public.
The purpose of the reporting is to provide transparency around how BNG is being delivered and how it supports nature’s recovery, e.g. by supporting Local Nature Recovery Strategies.
Key Points
Reporting is vital for ensuring transparency around whether meaningful BNG is being delivered
Because LPAs are likely to have very large numbers of BNG schemes, robust data management and analysis is critical to BNG reporting
Types of reporting
LPAs must include information on BNG as part of their Biodiversity Duty reporting to Central Government. This is required on a regular basis, with each report being issued no later than five years after the previous reporting period.
Reporting on BNG delivery will likely also be required for internal stakeholders, including councillors and heads of service. In addition, many LPAs may want to publish BNG information for the benefit of the general public, and the information will also be useful for BNG-related Freedom of Information (FoI) requests.
The BNG section of the Biodiversity Duty report to Central Government must include a summary of the actions the LPA has carried out to meet its BNG obligations, details of biodiversity gains resulting, or expected to result, from biodiversity gain plans they have approved, and a summary of how they plan to meet biodiversity net gain obligations in the next reporting period. Although the guidance states it is optional to include quantitative data in the report, it does point out that doing so will add useful detail, and the systematic compilation of quantitative data is the only meaningful basis for analyses of how BNG is being delivered. For example, how many BUs are being delivered across how many planning applications, how they break down into individual habitat types and how this delivery feeds into Local Nature Recovery Strategy (LNRS) targets. In practice, it is recommended that quantitative data is included in the report.
Reporting needed within the LPA and to the general public is likely to involve the same metrics as the Biodiversity Duty reporting, although it could be even more granular, e.g. to the level of habitat types and their BUs being delivered within individual wards.
Data Management
To meaningfully report on BNG delivery, it is vital that LPAs maintain a register of all BNG sites, habitat interventions, including baseline and target habitat types, conditions and BUs, and how these change over time.
Key to this will be the compilation and review of incoming Monitoring reports with essential statistics such as habitat type, habitat condition and BUs. Where habitat banks are used, the habitat bank provider can report directly to the LPA, who must then store the data for analysis.
All statutory metric tools and guides can be found here.
Mycelia BNG software, supports LPAs with validation, assessment, monitoring and reporting.
In cases where landowners/their agents are not delivering the net gain committed to in the Biodiversity Gain Plan and in legal agreements, enforcement action may be needed by the LPA or the Responsible Body (if relevant).
Enforcement needs to be sufficiently robust and effective such that a culture of poor practice is prevented.
Key Points
Noncompliance needs to be dealt with through enforcement to develop a positive culture of delivering BNG and promoting good practice.
LPAs should enforce planning obligations securing on-site or off-site gains.
Responsible Bodies should enforce Conservation Covenants securing on-site or off-site gains.
Rationale
Enforcement action must be taken where a landowner/agent is not compliant with measures committed to in the Biodiversity Gain Plan and legal agreements, and they are not proposing meaningful ways to rectify the situation.
Effective enforcement is important to tackle breaches of planning control and maintain integrity of the decision-making process. If not already in place, LPAs should prepare local enforcement plans, and set out the priorities for enforcement action, and update these to reflect the introduction of biodiversity net gain. This could cover both the initial delivery and ongoing management and maintenance mechanisms to assist monitoring of gains in the longer term.
There are two scenarios for when enforcement action may be needed:
1) Where BNG measures have not been put in place and/or agreed management or monitoring actions are not carried out.
2) Where habitats are in place and management andmonitoring is undertaken, but habitat development is not on track and the landmanager will not agree to adaptive management to address the issue.
Who takes action?
Where a planning obligation secures on-site or off-site gains, the LPA should enforce the agreement. Where on-site or off-site gains are secured by a Conservation Covenant, the Responsible Body should enforce the agreement.
What to do
Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and LPAs should act proportionately in responding to suspected breaches of planning control.
LPAs should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area.This should set out how they will monitor the implementation of planning permissions and take action where appropriate.
It is vital that LPAs maintain a register of all BNG sites and commitments, so an evidence trail is present to track all BNG delivery and identify and correct any non-compliance. This will also help council colleagues to step in and quickly understand a given situation.
All statutory metric tools and guides can be found here.
Biodiversity net gain: what local planning authorities should do (www.gov.uk)
Biodiversity net gain(www.gov.uk) (Paragraph: 007 Reference ID: 74-007-20240214)
National Planning Policy Framework: 4. Decision-making (www.gov.uk) (Paragraph 59)
Mycelia BNG software, supports LPAs with compiling and managing BNG data over time, thereby creating the evidence base for decisions on whether or not enforcement action is needed.
No. Biodiversity Units that are secured from off-site provision can be based anywhere in England. Units cannot be sourced from outside England. Off-site Units must be subject to the spatial multiplier and be registered with Natural England.
Local Planning Authorities are strongly recommended to ensure that, especially for small sites, there are no inappropriate additional requirements that restrict a planning applicant’s ability to secure registered off-site units from any area.
No. Smaller developments should generally be subject to fewer information requirements than a major development unless the development would have an adverse impact on valuable on-site habitats. For example: on smaller sites where the existing habitats impacted have a low biodiversity value and the scope for on-site enhancements is limited it may not be appropriate to request a substantive amount of information from applicants, and the Local Planning Authority may want to rely on the minimum information requirements.
If the applicant submits a statutory Biodiversity metric, this should be completed by a suitably qualified ecologist.
If an applicant is submitting a Small Site Metric (SSM), it should be completed by a “competent person”. Competency is aligned with the British Standard ‘Process for designing and implementing biodiversity net gain: BS 8683:2021’ and should be based on either training, qualifications or experience (or a mix of two or more of these). The developer is responsible for selecting the competent person for completing the SSM. The competent person does not need to be an ecologist for the SSM. The Local Planning Authority does not need to verify the competent person.
The Government has made clear that a competent person can use digital tools to complete the metric sheet.
There are no statutory requirements to consult a particular body prior to determining a planning application specifically related to biodiversity net gain. The normal consultation arrangements for planning applications apply.Natural England is not a statutory consultee for biodiversity net gain matters in relation to individual applications. It should only be consulted where it is a statutory consultee under Article 18 of The Town and Country Planning (Development Management Procedure) (England) Order 2015. After a local planning authority has received a valid planning application, it will undertake a period of publicity and consultation where views on the proposed development can be expressed. As part of this consultation, the information submitted as part of the application, including the minimum Biodiversity Gain information will be made publicly available for comment.
As part of the planning application form, an applicant will need to identify the date being used, this is either: the date of the application; or a proposed earlier date. If the applicant proposes an earlier date, they must provide the reasons for this. This earlier proposed date cannot be a date which is before the day on which Schedule 7A came into force in relation to the development.
The person submitting the Biodiversity Gain Plan for approval and the planning authority are the only parties able agree that this earlier date is used. This will help inform the submission of the Biodiversity Gain Plan.
If there has been a material change since a survey, it should not be used.
Surveys of the development site to calculate the pre-development biodiversity value of the onsite habitat should ideally be done shortly before the submission of the planning application to ensure, if the relevant date is the date of the planning application, the pre-development biodiversity value is accurate. Older surveys can be used where there has been no material change to the onsite habitat when the planning application is submitted.
in a case in which planning permission is granted on application, the date of the application, and
in any other case, the date on which the planning permission is granted.
An earlier date can be agreed between the person submitting the Biodiversity Gain Plan and the planning authority determining the Plan. If an earlier date is used, reasons for using this date should be provided on the planning application and the Biodiversity Gain Plan, (and Overall Biodiversity Gain Plan). Applicants are encouraged to engage with the local planning authority prior to submitting the planning application to discuss the use of or need for an earlier date, in order to avoid potential disputes later.
There are special provisions for establishing the pre-development biodiversity value of onsite habitat when loss or impact to habitats (or ‘degradation’) has occurred prior to the submission of a Biodiversity Gain Plan. This is in order to discourage the deliberate degradation of existing onsite habitats to reduce the pre-development biodiversity value. Further guidance is provided under paragraph 036 of this guidance
Some applicants may want to submit draft Biodiversity Gain Plans, including completed metrics of the post-development value of the onsite habitat, alongside the planning application. These draft plans may be particularly helpful if there are firm proposals for onsite habitats, including landscaping plans, which can generate an accurate post-development value for the onsite habitat. However, they are likely to be incomplete and indicative in some cases.
Applicants are encouraged to engage with local planning authorities before submitting their application in order to identify, understand and seek to resolve issues; this will help to improve both the efficiency and effectiveness of the planning application process, reduce issues around validation, and improve the quality of the application.
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