Biodiversity Net Gain

• What is Biodiversity Net Gain?
• Guidance for developers
• The BNG process
• Important considerations when planning the delivery of BNG for development

What is Biodiversity Net Gain?

Biodiversity is the variety of all living things on our planet, from species, habitats and ecosystems.

Biodiversity net gain (BNG) is an approach to planning and land management that leaves the natural environment in a better state than it was before.

We are committed to protecting and conserving the natural environment, and BNG is at the forefront of our planning system so that habitats within Newcastle upon Tyne can be protected for years to come.

Why it’s important

Biodiversity in the UK has seen significant declines in biodiversity over the last century resulting in deteriorated, fragmented ecosystems. This not only impacts the habitats and wildlife which rely on them but also impacts our local communities and personal wellbeing.

Biodiversity net gain is important because:

• the natural environment provides benefits to us all, and is essential for the processes that support life on this planet
• many habitats are lost or degraded by development, and there are limited measures in place to value, maintain, enhance and create wildlife habitats
• it provides the opportunity to deliver measurable improvements for biodiversity by enhancing or creating new habitats in association with development

More information on the state of nature in the UK can be found in the annual State of Nature report.

You can also read the biodiversity net gain brochure on the Natural England website for an overview of BNG and its benefits.

Guidance for developers

Commencement date

BNG will become mandatory for applications for major development submitted on or after 12th February 2024 and for applications for minor development submitted on or after 2nd April 2024. 

Minor development is defined as residential sites of no more than 9 dwellings or sites of less than 0.5ha where number of dwellings is unknown; and non-residential schemes where the floorspace is less than 1000 m2 or the site is less than 1ha in size.

Exemptions

The following types of development are exempt from the BNG requirement:

• Householder applications 
• Permitted development
• Minor developments where an application has been made or granted prior to the 2nd April 2024
• Applications subject to the de minimis exemption where the development does not impact a priority habitat (as listed within Section 41 of the NERC Act 2006) and impacts less than 25m2 of habitat that has a biodiversity value of greater than 0; and less than 5m of a linear habitat (e.g. hedgerow or watercourse)
• Biodiversity Gain sites – developments which fulfil the BNG requirement arising from another development;
• Self-build and custom build applications where the development:
  • Consists of no more than 9 dwellings
  • Is carried out on a site which has an area of no less than 0.5 Ha; and
  • Consists exclusively of dwellings which are self build or custom housebuilding.

The BNG process

The Town and Country Planning Act has been amended to make every grant of planning permission deemed to have been granted subject to the following general planning condition:

The development may not be begun unless— 
(a) a biodiversity gain plan has been submitted to the planning authority; and 
(b) the planning authority has approved the plan.

The purpose of the condition is to secure the biodiversity objective, which is that the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least 10%.

This can be achieved through habitat creation or enhancement onsite; the provision or purchase of biodiversity units from a habitat bank; or in a last resort through the purchase of statutory credits; or a mixture of these.

Although final information may only be required through the discharge of a pre-commencement condition, BNG is a material consideration when determining applications and paragraphs 013-015 of the Planning Practice Guidance for Biodiversity Net Gain make it clear that the LPA needs to understand how the BNG requirement is to be met prior to determining the application, so that necessary planning conditions can be imposed and/or S.106 Agreements signed. Accordingly, extensive information is still required at the application stage, as set out below.

National Validation Requirements

The following national validation requirements have been imposed:

• a statement as to whether the applicant believes the development is subject to the biodiversity gain condition (on application form); 
• a biodiversity metric showing the pre-development biodiversity value of the onsite habitat on the date of application; 
• a statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application because of the carrying out of activities (‘degradation’); 
• a description of any irreplaceable habitat; and
• a plan showing onsite habitat existing on the date of application.

If this information has not been provided, the local planning authority must refuse to validate the application.

Local Validation requirements

A Biodiversity Net Gain Assessment must be provided outlining how the Biodiversity Gain Objective will be met. This must be prepared by a professional ecologist with suitable qualifications and experience and be in accordance with the British Standard BS8683 ‘Process for designing and implementing biodiversity net gain – specification’. Biodiversity net gain must always follow the principles outlined in ‘Biodiversity Net Gain – Good Practice Principles for Development’  published by CIEEM, IEMA and CIRIA.

The assessment should include details of:

• Information required through Paragraph reference 74-011-20240214 of the Biodiversity Net Gain Planning Practice Guidance; 
• The proposed methods of delivery of the biodiversity gain objective including onsite gains, off-site gains and the use of statutory biodiversity credits; 
• How the biodiversity gain hierarchy has been considered and adhered to;
• Information about any potential planning obligations required to deliver the biodiversity gain objective connected to the planning application (e.g. should a S106 agreement be required to secure significant areas of onsite habitat).

A draft version of the Statutory Biodiversity Metric Calculation Tool (in Excel format) must be submitted. This should be completed in accordance with the Biodiversity Metric Principles included in ‘The Statutory Biodiversity Metric User Guide’ published by DEFRA. As a minimum this should include completed sections for onsite pre-and post-development habitat delivery.

The following supporting information must be submitted alongside the metric:

• Completed statutory biodiversity metric condition assessments for baseline habitats, including supporting information i.e. species lists and quadrat locations;
• Predicted habitat condition assessments of created/enhanced post-development habitats and details of the realistic and appropriate interventions/management regimes which are being suggested to achieve the stated condition/s and secure the biodiversity enhancements for a minimum 30 years post enhancement/creation;
• Pre- and post- development site plans clearly showing polygons and areas for each habitat used to populate the statutory metric calculation tool using UK Habitat Classification symbology (shapefiles in GIS or AutoCAD may be requested). The plans must be drawn to an identified scale and show the direction of north. Plans using Phase 1 symbology are not acceptable.
• Polygons within pre- and post-development plans should be labelled with a Habitat Reference Number which should also be noted within the associated column within the Statutory Metric Tool.

Where it is suspected the baseline value of a site has been affected negatively prior to assessment the LPA may require an assessment of the site based on its condition before such an occurrence. This may need to be based on aerial photos and/or historic information held by the Council and if there is any doubt regarding the Distinctiveness or Condition of habitats/features it will be assumed that the highest likely value will apply.

The Decision Notice

Because the general biodiversity gain condition has a separate statutory basis to other planning conditions and is deemed to apply to all planning permissions other than specifically exempted ones, LPAs have been instructed not to include it in the list of conditions imposed in the decision notice. Instead, the decision notice will include information about BNG, for which DLUHC will provide model paragraphs.

Discharging the BNG Condition

Development cannot be commenced until the mandatory BNG planning condition has been discharged. To discharge the condition, the following information must be submitted:

• A completed statutory biodiversity metric;
• A Biodiversity Gain Plan setting out how the biodiversity gain objective of at least a 10% gain will be met for the development; 
• For habitat being created on the development site, a Habitat Management and Monitoring Plan setting out how the habitat will be managed for at least 30 years, and how this will be monitored; 
• Pre-development and post-development plans showing the location of on-site habitat; 
• If the developer is purchasing units from a Habitat Bank - the reference number from the Biodiversity Net Gain Register; and 
• If the developer is purchasing statutory credits – evidence that they need them and proof of purchase.

Templates for the Biodiversity Gain Plan and for the Habitat Management and Monitoring Plan have been created by DEFRA and Natural England and these must be used unless otherwise agreed with the LPA.

Phased Development

The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 modify the general biodiversity condition for planning permissions which are phased development. Instead of the standard approach for the Biodiversity Gain Plan:

• an Overall Biodiversity Gain Plan must be submitted to and approved by the planning authority before any development can be begun; 
• a Phase Biodiversity Gain Plan for each phase must be submitted to and approved by the planning authority before the development of that phase can be begun.

In recognition that phased development can often be implemented over a long period of time, the purpose of the Overall Biodiversity Gain Plan is to set a clear upfront framework for how the biodiversity gain objective of at least a 10% gain is expected to be met across the entire development.

Each Phase Biodiversity Gain Plan will subsequently set out a phase’s contribution to biodiversity net gain and track progress towards the overall biodiversity gain objective for the development once clear proposals for each phase have been developed. It is envisaged that, for an outline planning permission for phased development, the Phase Biodiversity Gain Plan would be prepared alongside the application for reserve matter approvals for a phase. Further details can be found in paragraphs 053 – 058 of the Planning Practice Guidance for Biodiversity Net Gain

Submitting the BNG Metric as part of your Planning Application and Discharge of Conditions Application

Please note that Section 9 of the Metric User Guide states that the metric should be submitted as a macro disabled Excel file. This is because the Planning Portal cannot handle macro-enabled files.

Important considerations when planning the delivery of BNG for development

Mitigation hierarchy

Gains in biodiversity should be achieved on-site (within the proposed development site) and this should be a key consideration when designing development proposals.

This falls in line with the principle of the mitigation hierarchy that is embedded in paragraph 186a of the National Planning Policy Framework. Impacts on biodiversity must first be avoided, if this is not possible adequate mitigation should be provided, and only if this unfeasible should compensation be considered as a last resort. Enhancement is additional to this and can only be completed if all other stages in the mitigation hierarchy have been considered. As BNG is primarily focussed on compensation and enhancement it does not remove the requirement to demonstrate that the mitigation hierarchy has been followed with regards to avoidance and mitigation of impacts.

Principles of BNG Delivery

Table 4 of the Statutory Metric User Guide outlines nine principles associated with the use of the metric to secure good ecological outcomes from the delivery of BNG. Further guidance and principles for the delivery of meaningful outcomes through the BNG process are found in a guide called ‘Biodiversity Net Gain: Good Practice Guidance Principles for Development’ published by CIEEM, IEMA and CIRIA.

Meeting the BNG requirement within a development site

The enhancement and creation of habitats within a development site is the preferred option for the delivery of the Biodiversity gain requirement to ensure that ecological connectivity and value is kept within the vicinity of habitats that are being lost. This is also important to ensure that local communities benefit from the creation of biodiverse and nature rich environment. 

The User Guide Principles require habitats proposed to be realistic and deliverable within the lifetime of the development and this needs to be a key consideration in the design of high quality schemes within developments. Open space within development is subject to recreations pressures such as informal play, exercise, and dog walking which impose additional considerations in determining what type and condition habitats within development sites can realistically achieve. 

Meeting the BNG Requirement on Other land Owned by the Developer

If a developer intends to satisfy their BNG requirements on land that they own outside of the red-line boundary of their development site, they will enter into a S.106 Agreement with Newcastle City Council and then register the offsite area with Natural England, following the same process as for Habitat Banks.

Meeting the BNG Requirement through the Purchase of Biodiversity Units

We are unable to recommend third-party offset providers at this stage as a national or local list of such providers is not yet available. However, you may want to approach BNG brokers, Habitat Banks, local landowners, land managers or nature conservation trusts to help you achieve your biodiversity net gain requirements.

Strategic significance and spatial risk guidance

These form part of the government's biodiversity metric. This guidance is aimed at the ecological advisors of both planning applicants and landowners wanting to choose sites for biodiversity net gain delivery.

In Newcastle strategically significant areas will be defined as:

These form part of the government's biodiversity metric. This guidance is aimed at the ecological advisors of both planning applicants and landowners wanting to choose sites for biodiversity net gain delivery.

The guidance will be superseded with the finalised Local Nature Recovery Strategy for the North of Tyne area.

Sources of Further Information

• Statutory Biodiversity Metric Tools and Metric User Guide  
• Planning Practice Guidance 
• Collected BNG guidance on GOV.UK, including specific guidance for developers 
• Biodiversity gain plan - GOV.UK (www.gov.uk)
• The Habitat Management and Monitoring Plan template 
• Biodiversity net gain. Good practice principles for development. A practical guide (cieem.net)

To discuss Newcastle City Council’s approach to biodiversity net gain please contact the Council’s Ecology Team at Ecology@newcastle.gov.uk