Planning application - local requirement
Mandatory biodiversity net gain
In England, biodiversity net gain (BNG) is legislated to become mandatory for all planning applications, unless otherwise exempt.
From 12 February 2024 new planning applications received for major development have to deliver net gains for biodiversity.
From 2 April 2024 the mandatory requirement will be extended to minor planning applications (local BNG policy requirement apply prior to this date).
Read the government guidance for mandatory biodiversity net gain
If mandatory BNG doesn’t currently apply but is expected to from the 2 April 2024. please see the local BNG requirement below.
Planning application - local requirement
Biodiversity net gain (BNG) policy requires new developments to be designed and planned in ways that minimise any loss or damage to existing habitats, and to compensate and off-set any damage caused by the development. Policy NE3a (Biodiversity net gain) in our Local Plan Partial Update (LPPU) gained full statutory weight when we adopted the LPPU on 19 January 2023.
Read more about the policy context and ideas behind biodiversity net gain requirements
When this requirement applies
All major and minor developments will need to submit Biodiversity Gain Information. This includes the following categories of application:
- Full planning application
- Full planning application (with listed building consent)
- Full planning application (with demolition in a conservation area)
- Full planning with advertisement consent
- Outline application with some matters reserved
- Outline application with all matters reserved
- Reserved matters application
A final Biodiversity Gain Plan must be submitted and approved by the Local Planning Authority (LPA) prior to the commencement of the development.
Exemptions
The exemptions for mandatory BNG are the same for local BNG policy.
Visit our biodiversity net gain page for the full list of exemptions.
What the Biodiversity Gain Information should include
The LPA will expect Biodiversity Gain Information to include a report, completed metric spreadsheet and GIS imagery. This may include further information towards a complete Biodiversity Gain Plan should such information be available.
The Biodiversity Gain Information must cover the following:
- A statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition
- The pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) including the completed metric calculation tool used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value
- Where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for proposing that date
- A 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
- 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)
- A plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or and earlier date), including any irreplaceable habitat
If this information has not been provided, the local planning authority must refuse to validate the application.
In addition to these mandatory information requirements, local policy requires further information to be provided to assist the consideration of biodiversity net gain as part of the planning application.
The Biodiversity Gain Information should cover the following:
- The project design steps taken to avoid and minimise adverse biodiversity impacts
- The proposed approach to enhancing biodiversity on-site
- Any proposed off-site biodiversity enhancements (including the use of units or credits) that have been planned or arranged for the development
- A working assessment of the expected biodiversity net gain
- The completed metric spreadsheets used to calculate the approximate post-development value
- Habitat condition sheet assessment with justifications
- Maps of baseline habitats, an annotated Ecological Mitigation Map, and illustrative post-development habitat proposals including retained and proposed new features
Natural England have produced a Green Infrastructure Planning and Design Guide which provides practical, evidence-based advice for good quality green infrastructure, including how to:
- plan
- design
- deliver
- manage
This approach to development incentivises the avoidance of damage and loss of highly valued habitats and aims to result in the creation and improvement of habitats in locations which will deliver the best outcomes for biodiversity. We have made a series of useful datasets available on our public mapping interface to be used when producing Biodiversity Gain Information, plans and completing the metric.
Apply for a legal agreement to regulate a Biodiversity Gain Site
Do you want to use your land to create and enhance habitat as a Biodiversity Gain Site and sell biodiversity units to developers?
Bath & North East Somerset’s Planning Department are now accepting applications for a legal agreement (S106) to secure biodiversity gain sites. A legal agreement is needed for a site to be accepted onto Natural England’s register.