The protection of wildlife habitats has been given a boost thanks to a government strategy which has just come into force.
Under Biodiversity Net Gain (BNG), it will be mandatory for developers of a site to ensure wildlife habitats are protected and enhanced. For the first time, no matter how important, such habitats will be recognised in the planning system for their value to nature and people.
The initiative, which went live on Monday, February 12, will apply to all new planning applications for major developments made under that Town and Country Planning Act (TCPA) 1990. This will include residential developments with 10 or more dwellings, or where the site area is greater than 0.5 hectares. For smaller sites and developments, the scheme will come into force on April 2.
It will be a requirement that any new development must result in more or a better quality natural habitat than was there before the site’s development.
It can be delivered either fully or in part through on-site or off-site habitat or the purchase of statutory biodiversity credits – thought this would be a last resort option.
Defra has put transitional arrangements in place to ensure BNG will not apply to a planning permission if the planning application was made before this date.
It will also mean if you received planning permission before February 12 (and the permission wasn’t subject to BNG), if you then apply via section 73 to vary a planning condition on that permission, the new permission granted (under section 73) would also be exempt from BNG.
If a planning application for a small site development was made during the small sites extended transition period, between February 12 and April 2, 2024, and subsequently a section 73 variation was granted after April 2, the same transitional arrangements will apply and BNG will not be required on any subsequent section 73 variations.
The government says the aim is for developments to be more attractive for potential residents and the local community and developers will be able to be more creative in incorporating nature into a scheme.
SBK’s associate director, Tasha Blackmore da Silva said: “Biodiversity Net Gain (BNG) is one of the biggest changes to planning in over 30 years.
“It will be a shock to the system for many, despite being talked about for a while. It’s likely to affect over 100,000 planning applications every year and is an issue all developers will need to grapple with.
“There is definitely going to be a transition period as developers and local planning authorities work out how best to approach the requirement and how the rules should be applied.
“It is possible schemes that would have been approved a few months ago are going to be refused or require major rethinking to be successful.
“Either way, this is going to be a steep learning curve for all those involved in planning and will likely result in some delays in the determination of applications as both sides work to negotiate the best BNG plans they can.
“Whilst there are benefits and negatives to the implementation of BNG, the reality is, it is here now and we must work towards creating the best schemes we can within its limitations.”
For BNG planning advice call Tasha on 01789 387880 and for BNG credits advice call director, Jimmy Morton on 01789 387881 or visit www.gov.uk.
