Comply with Biodiversity Net Gain

Biodiversity Net Gain is a condition on planning permission that most applications in England will need to fulfil. It requires developers to use the Government’s novel Biodiversity Metric to calculate how many ‘Biodiversity Units’ are on their site and then set out a plan to increase that number so that the net change, after development, is at least 10% higher than what was originally there. Biodiversity Net Gain is based on a set of principles and rules which our service complies with at all stages.

In general, exemptions from Biodiversity Net Gain are meant to be few and far between. Biodiversity Net Gain was introduced as a general condition for planning permission - as set out in the Environment Act 2021:

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"grants of planning permission in England [are] to be subject to a condition to secure that the biodiversity gain objective is met"

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As pointed out on BNG Online (a partnership between the Planning Advisory Service and the Future Homes Hub), "The list of exemptions from this requirement is narrow,  focused and only open to certain types of application."

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The following list of types of application are exempt:

• Development granted planning permission by a development order under section 59.  
• Householder development. Development which is subject of a householder application as defined within Article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
• Temporary exemption for non-major development. This is open to non-major applications that were first submitted before 2 April 2024. To be eligible, the applicant should set out that the development does not meet the definition of major development set out under Article 2 Town and Country Planning (Development Management Procedure) (England) Order 2015. The exemption will continue to apply to section 73 permissions where the original permission which the section 73 relates to was subject to this temporary exemption.

• De Minims Exemption. To be eligible, the applicant will need to demonstrate that the development that does not “impact” a priority habitat and “impacts” less than 25 square metres (e.g. 5m by 5m) of onsite habitat, or 5 metres of linear habitats such as hedgerows (note that “impact” is defined by The Biodiversity Gain Requirements (Exemptions) Regulations 2024). When providing reasons for the de minimis exemption, an applicant should provide sufficient evidence to support their justification. Where it cannot be clearly demonstrated through site plans and descriptions, applicants are strongly encouraged to provide a completed metric for the pre-development and post-development value for the onsite habitat and clear plans identifying the nature and size of this pre-development onsite habitat and how much of it will be impacted by the development (BNG PPF Paragraph: 004 Reference ID: 74-004-20240214). An example of the sort of application which would be eligible for a de minims exemption would be a minor extension to a visitor centre at a public nature park to accommodate a new accessible ramp and entrance lobby on an existing hardstanding area.
• Self-build and custom build development. To be eligible, the development must:consist of no more than 9 dwellings, and be carried out on a site which has an area no larger than 0.5 hectares, and consist exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015. It should also meet the definition set out in
• Urgent Crown development granted permission under section 293A of the Town and Country Planning Act 1990.
• Development of a biodiversity gain site. Development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the biodiversity gain condition which applies in relation to another development.
• Development related to the high speed railway transport network. Development forming part of, or ancillary to, the high speed railway transport network comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013

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The BNG Exemption Checker - Joe's Blooms

It’s very important that baseline assessments are done by the right person. You should not use automated solutions but base information on site surveys. For large sites or offsites, that should be a qualified ecologist. If it’s a small site, then it should be done by a ‘competent person’.

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The Joe’s Blooms Biodiversity Net Gain Tool ensures that you find the right person to undertake the baseline assessment and can help you connect with people who have undertaken training in the new habitat system if you need extra help for many small sites, the competent person may be the project manager or architect.

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‍Page Guide: Competent Person | Joe's Blooms Help Center

The Small Site Metric (SSM) is a special version of the Biodiversity Net Gain Metric that can be used if:

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• The site is under 10,000 sqm/1 hectare/2.471 acres
• Does not meet the legal definition of a "major development"
• Does not have any priority habitat within the red line boundary.

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The Small Site User Guide contains detailed information.

While satellite imagery and AI can certainly help you with Biodiversity Net Gain assessments, they are not a substitute for onsite surveys. The new BNG policy is very clear; they want detailed site assessments by a ‘competent person’ or - in certain cases - a qualified ecologist. You will also need to provide condition assessments (which determine the condition of the baseline) to justify qualitative judgements made.

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