Biodiversity Net Gain
The Environment Act 2021 introduces a mandatory requirement for new development to deliver a net gain for biodiversity as part of the planning system. Developers in England will be required to deliver a 10% BNG, calculated using the Biodiversity Metric, so that there is a positive benefit for nature. It will apply from November 2023 for developments in the Town and Country Planning Act 1990, unless exempt. It will apply to small sites from April 2024.
The adopted Central Lincolnshire Local Plan, April 2023 seeks to deliver sustainable development: development that meets the needs of the present, without compromising the ability of future generations to meet their own need. The vision, objectives, and policies within the Local Plan build on those in the 2017 Local Plan and move away from simply conserving the natural environment to a position where habitats are also enhanced and extended by development. 2.17. The box below sets out the parts of the Local Plan vision, and the objectives and policies, relevant to delivering biodiversity net gain across Central Lincolnshire. A key policy is S61 Biodiversity Opportunity and Delivering Measurable Net Gains, which sets out the minimum % of BNG which must be achieved by all qualifying development proposals
To help applicants deliver biodiversity net gain as required under Policy S61 a guidance note has been prepared and is available below. This will be kept under review and will be updated upon further updates to legislation
Biodiversity Net Gain Guidance Note
Biodiversity Net Gain - Validation Requirements
From 2 April 2024, biodiversity net gain (BNG) will become mandatory for minor applications. This is a new national mandatory validation requirement.
Where development would be subject to the general biodiversity gain condition, the application must be accompanied by minimum information set out in Article 7A of the Town and Country Planning Act 1990. For avoidance of doubt, the following is the mandatory minimum information required:
- Confirmation that the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;
- The pre-development biodiversity value(s), either on the date of application or earlier proposed date (as appropriate);
- Where the applicant proposes to use an earlier date, this proposed earlier date and the reasons for proposing that date;
- The completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or proposed earlier date) including the publication date of the biodiversity metric used to calculate that value;
- A statement whether activities have been carried out prior to the date of application (or earlier proposed date), that result in loss of onsite biodiversity value (known as degradation.How is habitat degradation dealt with when calculating the pre-development biodiversity value of onsite habitat?), and where they have:
- A statement to the effect that these activities have been carried out;
- The date immediately before these activities were carried out;
- The pre-development biodiversity value of the onsite habitat on this date;
- The completed metric calculation tool showing the calculations, and
- Any available 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); and
- Plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).
In addition to these minimum requirements, further information may be required to assist the consideration of biodiversity net gain as part of the planning application, to enable the Local Planning Authority to consider whether the general condition is capable of being successfully discharged following approval. For example, where there are considerations around significant onsite biodiversity enhancements or use of offsite biodiversity units.
Exemptions
Planning applications that are exempt from requiring mandatory BNG include (but are not limited to):
- S73 applications for planning applications approved prior to BNG becoming mandatory
- Householder applications
- Permitted development
- De-minimis applications – those that have an impact on an area of habitat below 25m2 (such as 5m x 5m) and below 5m in length for linear habitats, and do not affect priority habitat at all.
For a full list and explanation of exemptions to mandatory BNG see Biodiversity net gain: exempt developments