Biodiversity net gain (BNG) is the initiative aimed to improve natural habitats by mandating developers to deliver (at least) 10% positive impact on biodiversity, compared to what was there before development.
BNG can be achieved on site, off site, or through a combination of on-site and off-site measures. For Local Planning Authorities (LPA’s) there is a lot of preparation required to meet the new legal requirements, including planning decision-making and policy. BNG is primarily consented and enforced by LPAs through the planning regime as part of the application process and post-decision activities.
Based on their experience of working with LPAs long before BNG became mandatory, Natural England and the Planning Advisory Service (PAS) has some key BNG lessons for LPAs.
- Assess how best to deliver benefits for nature and local people and communities. Ascertain how best to deliver the benefits for nature that will have maximum impact, first and foremost for wildlife but also for local people and communities. That means tying BNG delivery to emerging Local Nature Recovery Strategies (LNRSs) to maximise its impact. Furthermore, it means enabling landowners to provide the habitats that are locally needed by entering into legal agreements with them, for example a Section 106 agreement. Ensure best use of often finite LPA staffing resources by adopting a triage approach to focus energy on the big wins and big risks. In the longer term, being strategic with both nature objectives and resources can increase capacity. By being strategic with section 106 agreements and charging for pre-application advice, it is possible to recover costs and grow resources.
- Cooperation and sharing good practice amongst peers is key. Even though every LPA is unique with its own social and natural landscape, peer support and sharing resources is an effective way to use existing information. Some LPAs are drawing on local record centres who will already have required evidence, like the presence of European Protected Species. Others are pointing to existing LPA advice on how to screen certain types of development for likely species, like bats in semi-derelict buildings.
- Prioritise ‘need to do’s’ and ‘nice to do’s’. BNG is consented and enforced by LPAs through the planning regime. BNG is primarily consented and enforced by LPAs through the planning regime as part of the application process and post-decision activities. Once a developer has been granted planning permission, the metric used to baseline biodiversity should stay the same throughout post-decision delivery. The 30-year monitoring plan on the other hand, should make allowance for reasonable amendments. The other opportunities to consider include pursuing additional income streams, such as selling off-site units from their own local authority land. LPAs must encourage developers to provide the required BNG either fully or in part via on-site habitat, or as a second-preference, via off-site habitat. A last resort alternative, statutory biodiversity credits, is available if on-site and off-site options are not possible. The scheme will help to ensure that the pace of development in England is not impacted by the introduction of mandatory BNG. LPAs agree whether a developer can buy statutory credits as part of the planning process. These statutory credits are available to buy only once planning permission has been granted and other options have been exhausted.
- Sustainable development and nature recovery can run parallel. Sustainable development and nature recovery can sit side by side, but it takes effort across sectors and geographies to pull together for national change.
BNG Resources for LPA’s
- BNG Readiness Checklist to help LPAs structure their BNG approach
- BNG Development Management Toolkit
- Examples BNG monitoring requirement