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Government fleshes out biodiversity net gain requirements

22 Feb 23 The government has produced guidance on biodiversity net gain requirements that are being imposed upon developers.

Kidbrooke Village is being developed in London by Berkeley Homes with meadows and wetland to achieve a biodiversity net gain
Kidbrooke Village is being developed in London by Berkeley Homes with meadows and wetland to achieve a biodiversity net gain

From November this year, all new housing, commercial and infrastructure developments in England will be required to result in a 10% biodiversity net gain (BNG).

This means they will have to assess the habitats affected and their conditions before submitting plans to the local planning authority with details of how they will deliver a 10% benefit for nature.

This will apply from November 2023 for developments in the Town & Country Planning Act 1990, unless exempt. It will apply to small sites from April 2024.

Offsetting is allowed 鈥 paying someone else to do something good somewhere else 鈥 but developers will have to show that this is the last resort.

The government guidance states: 鈥淵ou must try to avoid loss of habitat to a piece of land you plan to do development work on. If you cannot do this, you must create habitat either on-site or off-site.

鈥淥n-site means on the land your development work is on. Off-site is either your own land away from the development site, or you have bought units from a land manager.

鈥淚f you cannot use on-site or off-site land, you must buy statutory credits from the government. You must provide evidence for using this option. This must be a last resort. The government will invest in habitat creation elsewhere in England.

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鈥淵ou may be able to combine all three options to make up your BNG. You must discuss this with an ecologist, as you will need to prove why you cannot use one option. You must get approval from your local planning authority before you start building.鈥

Local planning authorities will have to approve a biodiversity net gain plan for development work before it can start. 聽Whitehall is giving local authorities 拢16m between them to cope with the extra work involved in all this.

Environment secretary Therese Coffey said: 鈥淏iodiversity Net Gain will ensure new developments work for both wildlife and people by creating nature-rich places whilst ensuring that communities get the new homes they need.

鈥淲e will continue to support and work with developers and planning authorities ahead of the introduction of biodiversity net gain. We want to help them ensure the developments of the future enhance biodiversity by creating thriving places for plants and wildlife, as outlined under our pioneering environmental improvement plan.鈥

鈥楲evelling up鈥 secretary Michael Gove said: 鈥淏iodiversity is a vital part of our mission to create vibrant, green places that people are proud to call home. We want to make sure developers enrich local wildlife when delivering new homes and infrastructure across the country.鈥

Natural England chair Tony Juniper said: 鈥淔or decades nature has been diminishing around us at an alarming rate, with England one of the most nature depleted countries on earth. We need significant, collaborative action to reverse this decline and put nature on the road to recovery.

Brian Berry, chief executive of the Federation of Master Builders, said: 鈥淚t鈥檚 good to finally have some clarity about the new biodiversity net gain regulations. Many small house builders have been worried about these new changes and the impact they could have on delivering new homes. The government must ensure small house builders are supported to deliver it, especially on brownfield sites which could be particularly affected and are the traditional sites chosen by smaller developers. Small house builders already face a tranche of new rules and regulations, all upping cost and complexity to building new homes, so targeted support to help them deliver biodiversity net gain will be key.鈥

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