The Environment Act 2021 sets out the following key components to mandatory BNG:
Minimum 10% gain required calculated using Biodiversity Metric and approval of net gain plan;
Habitat secured for at least 30 years via obligations or conservation covenant;
Habitat can be delivered on-site, off-site or via statutory biodiversity credits;
There will be a national register for net gain delivery sites;
The mitigation hierarchy still applies of avoidance, mitigation and compensation for biodiversity loss;
Will also apply to Nationally Significant Infrastructure Projects (NSIPs);
Does not apply to marine development;
Does not change existing legal environmental and wildlife protections.
The majority of local planning authorities already include local planning policies ensuring there is no net biodiversity loss as a result of development, but with the new legislation coming into force it is imperative that developers are aware of this new requirement. Waterman’s experts are there to provide you with everything you need to comply from the earliest feasibility stages to maximise their options and achieve the minimum 10% BNG. We are also able to support the integration of the chosen measures through to design and on to the post-construction monitoring stages.
The reports you need to be aware of
In line with industry guidance (CIEEM, 2021)[3], Waterman can provide a range of reporting methods for different stages and planning application types. To ensure that the legal obligations are successfully addressed, it is vital that comprehensive consultation is undertaken with relevant stakeholders as early as possible. The three reports include:
BNG Feasibility Report: To be completedto inform the client of the feasibility of delivering a net gain at their site. The BNG feasibility report will be supplementary to other ecological assessment information. The feasibility report is based on agreed methods with stakeholders, takes account of the planning strategy, assesses the site and its habitats for their potential to achieve BNG and influences design; it also defines how many biodiversity units would be required to be offset to achieve 10% BNG.
BNG Design Stage Report: To be completed atthe design consent stage of a project. To form part of a planning application submission alongside the Ecological Impact Assessment (EcIA) or ES Chapter. The report provides a BNG score based on baseline and landscape plans provided and needs to take account of the planning strategy for the development (outline, full, reserved matters, hybrid etc).
BNG Audit Report: To be completed post-construction to provide an audit checklist confirming the delivery of BNG at project completion and how this will be monitored across the agreed management period.
BNG can be achieved in a number of ways:
On-Site: post-development habitats within the planning boundary have a Biodiversity Unit score which is 10% higher than those at the pre-development baseline.
Off-site: where BNG cannot be achieved on-site, the developer can enhance or create habitat at another area of land, which they may already own or that they acquire outside of the development boundary.
Biodiversity offsetting (statutory biodiversity credits): similar to providing off-site BNG, offsetting is where a developer provides BNG off-site, by paying an offset provider to do this for them (the biodiversity units are sold by the offset provider and an approximate price of £20,000 per biodiversity unit). Some counties within the UK are within Biodiversity offsetting pilot areas[4] and so the local planning authority (LPA) may already have structures in place for offsetting. Private offset providers are also an option. It is up to the developer whether they want to provide their own BNG or carry out offsetting.
Local Nature Recovery Networks (NRN) are also noted within the Environment Bill. The aim being to develop a network of wildlife-rich places connected across towns, cities and the countryside.
The Bill puts a responsibility on LPAs to develop a Nature Recovery Strategy for their strategy area, and once in place, developers will need to abide by this strategy.
The combination of BNG and NRN within the Environment Bill have a joint aim of creating a diverse network of species rich sites across England through ongoing and future development.
If you would like to know more about the Environment Act 2021, BNG or NRN, and to learn how our experts can help you stay compliant, please email diane.corfe@watermangroup.com from our Ecology team.
[1] HMSO (2021) The Environment Act 2021
[2] Natural England (2021) The Biodiversity Metric 3.0, DEFRA
[3] CIEEM (2021) Biodiversity Net Gain Report & Audit Templates
[4] DEFRA (2012) Biodiversity Offsetting Pilots: Guidance for developers
