In line with the Councils declaration of a climate and biodiversity emergency, the National Planning Policy Framework (NPPF) and Planning Policy in the emerging Wealden Local Plan, we are seeking a net gain in biodiversity from all appropriate development. As set out in emerging policy and legislation a minimum of a 10% gain in biodiversity is being sought which will increase to 20% on qualifying sites.
This page tells you about the Council’s current stance on Biodiversity Net Gain (BNG) Policy. It’s interim advice that will be changed to match new laws and policies. Remember to save this page and check for updates now and then.
For most development projects, you need to show that there’s an increase in biodiversity. This rule applies to everything except householder and advertisement applications, as well as some small changes to buildings where biodiversity considerations are not relevant, like certain changes of use or minor alterations.
The gain in biodiversity will need to be demonstrated through the use of the DEFRA biodiversity Metric and submission of a Biodiversity Gain Plan.
Details of the DEFRA Metric and how net gain is calculated as well as further details of what a Biodiversity Gain Plan should include is set out below. The following high level check list may be useful in the preparation of a relevant planning application:
- Is site survey information on habitats and species accurate and up to date?
- Does your Plan explain how you have applied the mitigation hierarchy (see below) and any choices made about habitats retained, enhanced or lost?
- Is there a clear measurable plan of pre and post development habitats with an ID reference for each habitat or parcel within a habitat that corresponds with the entry into the metric?
- Has the metric spread sheet been provided?
- Is the Plan supported by habitat condition assessment sheets?
- Is there a proposal for ongoing management and monitoring and how this will be secured?
The Council has a Statutory Duty with regards to biodiversity and is required under the Environment Act 2021 to publish from time to time a Biodiversity Report, setting out what it has done and plans to do for biodiversity across the District and how that will be monitored.
The first stage in the process of producing a Biodiversity Report is to firstly set out the Council’s considerations of how it will address the requirements of the Statutory Duty in a First Considerations report. The Council has now published its First Considerations report which sets out the approach and timetable for producing the first Biodiversity Report. Read the report.
Biodiversity net gain (BNG) is a way of creating and improving natural habitats. BNG makes sure development has a measurably positive impact (‘net gain’) on biodiversity, compared to what was there before development.
You will need to understand the requirements of BNG if you are a:
- developer
- local planning authority
- land manager wanting to sell in the BNG market
In England, BNG is becoming mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). Developers must deliver a national minimum BNG of 10% though Government has enabled Councils to increaser that figure where appropriate and subject to evidence.
This means a development will result in more or better quality natural habitat than there was before development.
The mandatory requirement will come into place on 12 February 2024 for all Town and Country Planning Act development except for exempted sites and non-major development.
BNG will be required for development not defined as non-major development from 2 April 2024. For more information see the Defra blog post and the Draft biodiversity net gain planning practice guidance (draft BNG PPG) Paragraph: 003 Reference ID: 74-003-2023.
The delay to implementing BNG for non-major development is to lessen initial burdens and allow a longer period for developers and local planning authorities to adapt and prepare for the high volume for minor applications. Implementation for Nationally Significant Infrastructure Projects is planned for 2025.
This is covered in the Biodiversity Metric user guide:
- ‘On-site’ includes all land within the boundary of a project. In a planning context, this usually means within a red line boundary.
- ‘Off-site’ is all land outside of the on-site boundary, regardless of ownership.
Note that on-site does not include land within the ‘blue line’ boundary.
Demonstrating BNG requires an approach to measuring biodiversity.
The Biodiversity Metric is a habitat based approach to determining a proxy biodiversity value developed by Natural England.
The Biodiversity Metric is designed to provide ecologists, developers, planners and other interested parties with a means of assessing changes in biodiversity value (losses or gains) brought about by development or changes in land management.
Mandatory BNG will require use of the latest version of the Biodiversity Metric. Mandatory BNG will require use of the statutory Biodiversity Metric, which has been published as a draft.
The Biodiversity Gain Plan is a document which sets out how a development will deliver biodiversity net gain and allows the planning authority to check whether the proposals meet the biodiversity gain objective.
The Environment Act sets out that development subject to mandatory BNG will be required to submit a biodiversity gain plan for planning authority approval and the planning authority required to approve it prior to commencement. This is required under the ‘General condition of planning permission‘ added as Schedule 7A to the Town and Country Planning Act 1990 (under Schedule 14 of the Environment Act). Further information on the Biodiversity Gain Plan is set out in Paragraph: 029 Reference ID: 74-029-2023 onwards of the BNG PPG.
The Environment Act makes provision for the Secretary of State to set up a system of statutory biodiversity credits that will be invested in habitat creation.
The biodiversity credits scheme allows the UK government to sell biodiversity credits to developers if the required biodiversity net gains cannot be achieved on-site or through the off-site market. The price of biodiversity credits are set higher than prices for equivalent biodiversity gain on the market.
Natural England will sell statutory biodiversity credits on behalf of the Secretary of State. An accessible and user-friendly digital sales platform is currently being developed and tested. Further information is available in Defra’s Statutory biodiversity credits guidance.
The Environment Act includes provision to exempt irreplaceable habitats from the mandatory BNG requirement and these are set out in the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024. Further information on BNG and irreplaceable habitat is available in this Defra blog.