Large tree with green leaves photographed from below

Biodiversity Net Gain (BNG) is a way of creating and improving the natural habitats. BNG is an approach to development, it makes sure that habitats for wildlife are left in a measurably better state than they were before the development. Developers must deliver BNG of 10%, meaning the development will result in more/better quality of natural habitat then what there was before.

For big developments this came into effect on the 12th Feb 2024 and for small sites from the 2nd April 2024.

The landowner is legally responsible for creating and enhancing habitat, if the landowner cannot meet the 10% requirement of BNG then they are required to purchase statutory biodiversity credits. This is a contribution which will be used to fund biodiversity enhancements across England.

The Environment Act 2021 requires that new planning permissions are subject to a “Biodiversity gain planning condition” – also known as a BNG condition.

If a planning application for development was made before 12th Feb 2024a BNG condition will not be required by the Environment Act 2021, but may be required to meet local planning policy.

Permitted development (e.g. Class Q agricultural building to dwelling) is excepted from the statutory requirement to apply a BNG condition.

The Act also allows exemptions to be granted to that requirement.

Biodiversity net gain exemptions

  • Variations of planning permission (s73 applications) where the original permission does not have a BNG condition.
  • A development that does not impact a priority habitat and impacts less than:
  • 25 square meters of on-site habitat
  • 5 metres of on-site linear habitats such as hedgerows
  • Householder applications – (small projects like home extensions, conservatories or loft conversions)
  • If a self build and customer applications meet the These can also be exempt:
  • Consists of no more than 9 dwellings;
  • On a site that has an area no larger than 0.5 hectares; and
  • Consists exclusively of dwellings that are self build or custom housebuilding.
  • Developments undertaken mainly for the purpose of fulfilling the BNG condition for another development are exempt.

Local Policy requirements may differ from the position set out in legislation, so you should also check the local position.

For further information on how we can assist you with meeting BNG targets or guidance on if an exemption applies to your development please contact our Planning team.