When does BNG Apply?
Major Development
Biodiversity net gain became a mandatory requirement for major development submitted on or from the 12th February 2024.
- “Major development” means development involving any one or more of the following –the winning and working of minerals or the use of land for mineral-working deposits;
- waste development;
- the provision of dwellinghouses where—
- the number of dwellinghouses to be provided is 10 or more; or
- the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c)(i);
- the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
- development carried out on a site having an area of 1 hectare or more
Small Sites
Biodiversity net gain for small sites, which do not fall into the category of major development, became mandatory from the 2nd April 2024.
"Small development" is defined as:
- residential development where the number of dwellings is between 1 and 9, or if this is unknown, the site area is less than 0.5 hectares;
- and commercial development where floor space created is less than 1,000 square metres or total site area is less than 1 hectare.
- It is also development that is not for the winning and working of minerals; and/or waste management.
Exceptions
The following types of development are exempt from the BNG requirements:
- Householder applications
- Permitted development
- Variations on existing planning permissions
- Existing applications submitted prior to the 12th February or 2nd April 2024.
- Applications subject to the 'de-minimis' threshold where the development does not impact a priority habitat, and impacts less than 25m2 of habitat that has a biodiversity value of greater than 0; and less than 5m of a linear habitat;
- Biodiversity Gain Sites
- Residential self build and custom-build applications
The full BNG exemptions are set out in The Biodiversity Gain Requirements (Exemptions) Regulations 2024; or DEFRA guidance
Making a Claim for Exemption
An applicant, if they consider their development proposal would be within the scope of one of the listed exemptions, must state in their planning application form, that which applies and provide reasons for this. This will enable the Council to consider whether the proposal is genuinely exempt at the validation stage.
It is the responsibility of the applicant to provide sufficient evidence to support their claim for exemption from the General Biodiversity Gain Condition.
De-minimus
In the majority of cases where the development would be smaller than 25 square metres, the description of development, existing and proposed site plans, and the development’s area size (in square metres) may be sufficient evidence.
However, where it cannot be clearly demonstrated through site plans and descriptions whether an on-site habitat would be lost or degraded by the development, the Council is able to request additional supporting evidence such as a completed biodiversity metric for the pre-development and post-development value for the on-site habitat and clear plans identifying the location and extent of this pre-development on-site habitat and how much of it will be impacted by the development.
Self and Custom Build
Where the self-build exemption is applied for, the council strongly encourages the voluntary submission of a biodiversity metric confirming the pre-development habitat value of the site. In instances where first occupation(s) do not meet the definition (set out in Section 1 of the Self and Custom Housebuilding Act 2015) or an application is made to remove the ‘self-build or custom build’ aspect of the permission (post implementation of the development), then applicants may be required to submit a biodiversity metric that will be assessed under the provisions made for cases of degradation as set out in Schedule 7A (s/s 6) of the Town and Country Planning Act (1990); unless already submitted and agreed as part of the original application.
