Why not test your knowledge of the new biodiversity regulations with Meadfleet’s guide to all things BNG. The guide provides a useful rundown on both the key terminology and the legislation itself.
Biodiversity Net Gain (BNG) is coming into law in January 2024 as part of the Environment Act 2021. Its aim is to ensure that new developments leave the environment in a demonstrably better condition than before.
As with any new legislation there is a lot of information to digest so Meadfleet have produced this helpful guide for developers on the key BNG terms:
- Biodiversity Net Gain – BNG is an approach to the recovery of nature through the planning and development process. It aims to leave habitat for wildlife in a measurably better state than it was before a development occurred.
- Mitigation Hierarchy – Series of sequential steps that must be taken to limit negative impacts on biodiversity and achieve a biodiversity net gain. The hierarchy follows avoidance, minimization, restoration and offsets in order to reduce development impacts and control any negative effects.
- Biodiversity Metric – A tool used to measure and quantify habitats and assess losses and gains in biodiversity associated with new development. It is used to assess the biodiversity unit value of an area of land, looking at its size, condition, distinctiveness, and strategic significance.
- Biodiversity Unit – The unit of measurement used by the Biodiversity Metric. There are three types of units: area units, hedgerow units and watercourse units. These are calculated separately in the metric. Units should not be confused with credits (see more below).
- Condition Assessment – Habitats are entered into the calculation metric as poor, moderate, or good condition. The technical supplement for the metric includes different condition criteria for each type of habitat. The number of criteria the habitat meets, will determine its condition.
- Distinctiveness – is a measure based on the type of habitat and its distinguishing features. It measures different ecological factors, such as the rarity of the habitat and species richness.
- Strategic Significance – Describes the local significance of the habitat based on location and type.
- Irreplaceable Habitats – Habitats which would be technically very difficult to restore, recreate or replace once destroyed, taking into account age, uniqueness, species diversity or rarity. They include ancient woodland, ancient and veteran trees, sand dunes, salt marsh and lowland fen.
- Local Nature Recovery Strategy (LNRS) – Locally prepared and agreed priorities and opportunities for nature recovery.
- On-site – Land within the red line boundary of a planning application. Units can be delivered through habitat creation/enhancement via landscaping/green infrastructure.
- Off-site – Land outside of the red line boundary of a planning application, regardless of proximity or ownership. Units can be delivered off-site through habitat creation/enhancement, including via habitat banks, with public and private landowners.
- Conservation Covenants – A private, voluntary agreement between a landowner and a responsible body, such as a conservation charity, government body or a local authority. A covenant sets out obligations in respect of the land which will be legally binding not only on the landowner but on subsequent owners of land.
- Responsible Bodies – Responsible bodies are the essential counterparty to the landowner or covenantor in a conservation covenant. The Responsible Body will ensure that the objectives of the conservation covenant are secured and delivered.
- Statutory Credit – These are the last resort option for developers, if they can’t deliver the BNG they need onsite or via purchasing off-site biodiversity units. You will be able to buy statutory biodiversity credits using a credit sales service. If you buy statutory biodiversity credits, a ‘spatial risk multiplier’ will apply, which doubles the amount of credits you need. You must buy 2 credits for every 1 biodiversity unit you need to compensate for.
- BNG Statement – Submitted by the applicant, alongside a planning application to help the planners and consultees understand how a proposed development intends to meet the biodiversity net gain objective.
- Biodiversity Gain Plan – Submitted by the applicant to the relevant planning authority for approval prior to the commencement of development, setting out on-site and off-site measures to deliver a minimum 10% biodiversity net gain. The report will need to include project information and contact details, details of the competent person responsible for completing the Biodiversity Gain Plan, the biodiversity calculation metric, habitat and landscape plans, species and habitat surveys, a summary of proposed BNG on-site, off-site and statutory biodiversity credits by area of habitat and % of net gain, details of on-site habitats, details of off-site habitat enhancement (if applicable), details of steps taken to adhere to the mitigation hierarchy, details of mechanisms to ensure monitoring and reporting requirements are satisfied.
- Habitat Monitoring and Maintenance Plan (HMMP) – This report should provide detailed information on the delivery of long-term management and monitoring of created or enhanced biodiversity features. It should include proposals for monitoring, including methods, frequency, and timing, as well as setting out the reporting procedures and options for remedial works, if needed. The roles, responsibilities and professional competencies of the people involved in implementing and monitoring the BNG delivery. Legal, financial and other resource requirements for delivery of the management and monitoring report should be detailed. Maps and drawings of created or enhanced features should be provided in spatially accurate digital drawings.
- National Biodiversity Gain Site Register – any off-site gains included in a Biodiversity Gain Plan will need to be registered on the national biodiversity gain register so that this information is publicly available. The register will show where, what, and how habitats are being created and enhanced by development and will be operated by Natural England. Registration will involve an online application and payment of a fee to Natural England, who will assess whether the application and its proposed enhancements meet the eligibility criteria.
For assistance with delivering the 30-year requirements of Biodiversity Net Gain contact enquiries(Replace this parenthesis with the @ sign)meadfleet.co.uk