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Schedule 14 of the Environment Act 2021 stresses that sustainable development mandates must use nature-based solutions.
To this end, developers must obtain and use a statutory biodiversity metric tool. The metric, which can be considered a “measure,” has been developed by DEFRA for use in a number of projects around the country. It is essentially a comprehensive biodiversity assessment that enables the (long-term) tracking of enhancements and ensures that “Biodiversity Net Gain” (BNG) is achieved and in accordance with the Local Nature Recovery Strategy (LNRS).
You must submit a Biodiversity Gain Plan before you can begin work on your development—if, that is, your development is not exempt. A precondition for any commencement of development is that the plan be approved by the relevant authority. The plan’s contents will indicate how, at a bare minimum, your project will ensure a 10% increase in biodiversity post-construction.
The government has very helpfully produced a Biodiversity Gain Plan template, which can be found online. You are not, at this stage, required to share your plan with the local council; however, to complete the accompanying metric calculation with any confidence at all, you will need a draft plan.
We advise submitting your draft Biodiversity Gain Plan together with your planning application, which your surveyor can help you with. Then, you should receive some useful comments on its contents that help elicit a final version with a much higher chance of being approved on the first go.
A map or drawing showing us where the habitats are also get submitted with the planning application. That map’s accuracy is going to require your BNG assessor to do a site walkover. If you think your development is exempt, you need to be prepared to outline your reasons for that exemption in a way that sounds convincing.
As of now, these developments are exempt from the requirement to provide BNG:
projects affect a single dwelling and its grounds (e.g. extensions, outbuildings, etc.);
when an individual or a collection of individuals constructs a custom building that they will live in, so long as it is no more than 0.5 hectares and has no more than 9 dwellings.
There is also a de minimis exemption, meaning that both of the following two conditions need to be satisfied for your development to be exempt from BNG requirements:
how connected the habitat is to other habitats of similar type
gauges whether the habitat occurs within an ecologically significant area identified by local planning strategy.
Priority habitat: these are those habitats of prime importance to UK biodiversity. The list of prime habitats includes arable field margins, hedgerows, woodlands, traditional orchards, meadows, heathlands, reedbeds, bogs, ponds, rivers, and more.
Biodiversity value: biodiversity value is to be gauged using the government’s statutory biodiversity metric tool, which takes into account factors such as size, condition, and strategic significance of various types of on-site habitats. If a site has a biodiversity value of zero, that means it has no biodiversity value whatsoever. This would likely apply, for instance, to a site covered from edge to edge with tarmac, concrete, or traditional buildings.
Linear habitat: hedgerow and watercourse habitats. There are some other exemptions, but these are doubtful to concern the average developer or site owner.
Ecologists via our organisation work in close conjunction with landowners and developers to establish Habitat Management and Monitoring Plans (HMMPs) that are fully compatible with site plans and achieve a Biodiversity Net Gain.
Existing habitats can often be enhanced, and new habitats can be created to favourable effect. One way to achieve this is to plant wildflower meadows, hedges, and trees. Another largely successful way to achieve this is through extensive planting (as at the Queen Elizabeth Olympic Park in London) and numerous other routes to habitat creation that favour the local condition.
When on-site measures can not yield Biodiversity Net Gain, off-site solutions can be employed (i.e. biodiversity credits). Contact us to learn more.
Property owners can sell Biodiversity Credits while engaging local authorities or brokerages in the process. These credits are accumulated when landowners improve biodiversity on their land.
To earn the credits, property owners must undergo an assessment process using the UK Government’s Biodiversity Metric. They first need to get in touch with local authorities or brokerages to schedule a property survey. The property is then assessed for biodiversity.
Local authorities and brokerages use the results from these assessments to determine “net gain”: a conservation term that describes whether property under development has improved, worsened, or stayed the same in terms of biodiversity.
Your consultant BNG surveyor can help you with the above (including guidance on landscaping to plant wildflower meadows, hedgerows, trees, etc.).
