Bath & North East Somerset Council is reminding landowners and developers that mandatory Biodiversity Net Gain (BNG) rules are set to be enforced in November.
The Government will provide further legislation and guidance in due course, as will the West of England Combined Authority.
From November 2023, all new developments in England, bar just a few, will have to deliver at least 10% BNG.
The new legislation will apply to developments in the Town and County Planning Act, 1990, unless exempt, and to small sites from April 2024.
BNG is a way to contribute to the recovery of nature while developing land. It is designed to make sure that wildlife’s habitats are in a better state than before the development started.
The requirements form part of the Environment Act 2021, which received Royal Assent in November 2021.
How will it work?
The new BNG legislation will apply to land managers, developers, and Local Planning Authorities (LPA).
Evidence of how the project will achieve biodiversity net gain needs to be submitted with planning applications, and once consent is granted a biodiversity gain plan needs to be approved by the LPA before any development can lawfully begin. The biodiversity gain plan must assess the value of natural habitats on the site before and after the development and ensure that at least a 10% net gain is achieved.
It will be unlawful to issue planning approval for any qualifying project that does not secure 10% BNG. The legislation also states that the onsite biodiversity increases must also be maintained for at least 30 years following completion of the development.
There are a few cases that will be exempt from the BNG requirement, including householder applications, small-scale self-build sites, nationally significant infrastructure projects and sites with irreplicable habitats such as ancient woodland and salt marshes.
To find out more about how the new BNG legislation will affect you, contact us on 01225 459564 or email enquiries@engain.com