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Biodiversity Net Gain (BNG) - What Are The Options For Developers?

James Cross, Chief Executive of Environment Bank, comments

Biodiversity Net Gain (BNG), designed to reverse the decline of biodiversity and put back more than is being lost through development, is now legally mandated as part of the Environment Act. The clock is ticking on a two-year transitionary period after which this new regulatory requirement will become mandatory in every Local Planning Authority (LPA) in England, with many LPAs already adopting localised policies now. It’s set to revolutionise and restore the natural environment and recover nature and, if utilised in the right way, it can also be an enabler for developers to sustainable economic growth.  

Under the BNG ruling, when applying for planning permission, every developer must set out and describe the environmental impact of the development, using a specific Defra metric, and quantify that lost habitat in biodiversity units. They must evidence what natural biodiversity will be lost and, secondly, how they’re going to replace that lost biodiversity plus the creation of (at least) 10 per cent more in biodiverse habitat either onsite at the development or offsite close by. They must also demonstrate how they plan to manage, monitor and report to regulators the habitat for a minimum 30-year term.
 
Onsite versus offsite
There are choices available to developers to meet BNG requirements - the obvious question is onsite or offsite. They can do it ‘in house’ by setting aside some of the developmental land they’ve purchased to deliver the habitat creation onsite. On the face of it, this is the most straight forward solution however this is rarely an efficient use of land or a good deal for biodiversity because of the disturbance that takes place upon occupancy and the fact that people like tidiness - biodiversity is rarely tidy.

Also, and a crucial point, by managing BNG themselves, developers are responsible for all that it entails including baseline surveys, habitat creation works, and 30-years’ worth of ongoing management and monitoring of the biodiverse habitat created. Not only that, but they will also remain legally responsible for covering the risk of onsite BNG schemes failing for the duration of the full 30-year term.

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