What act introduced BNG
Environment act 2021
How often must lpas publish biodiversity reports and what must these include
Every 5 years. Summary of actions taken, how compliance will be ensured in the next period and any other relevant info.
What are the 3 methods available to developers in order to achieve bng
Onsite creation of habitats
Off-sire provision of habitats
Purchase of statutory biodiversity credits
Or blend of all 3.
The mitigation hierarchy (nppf)
- Avoiding environmental loss
- Minimising the loss.
- Restoring the loss
- Offsetting the loss
Stat biodiversity credits are a last resort when it can be demonstrated that bng is not possible through on or off site options
What developments are exempt from bng
Planning applications made before 12th Feb 2024.
Developments that effect below the threshold of 25 sqm
5m of linear habitat
Householder applications
Self build applications (no more than 9 dwellings, less than 0.5 ha)
High speed railway
Developments granted planning permission by a Development order (includes permitted development rights)
When did bng come into effect
12 Feb 2024 major developments
2nd April 2024 for minor development
What is classed as a minor development
Less than 10 dwellings or if unknown, less than 0.5 ha. Commercial development where floor space created is less than 1000sqm or total site area less than 1 ha
What is SUDS
Sustainable urban drainage systems - mimins natural drainage, good for wildlife, can ve fully utilised towards a bng target.
What is SANGS
Suitable alternative natural greens pace- open spaces provided to mitigate impact of development on existing recreational green space. Can be used in part to meet bng requirement
What are LNRS
Local nature recovery strategies, mandatory system of spatial strategies for nature. Sets out how responsible authories must worth with NE and other LPAs in their strategy area to prepare and agree their strategy
What is the date for calculating bng
The date if submission of the plannign application. A baseline date of 30 jan 2020 is set do that any work undertaken after that date the devalues the biodiversity of the site is disregarded.
How much is the biodiversity value reduced by if delivered off site
Neighbouring lpa - 25% less than if onsite
Further afield-50%
Spatial risk multiplier.
What about if the mitigation is located within a lnrs area
Positive multiplier effext -uplift of 1.1 to 1.15 depending on if it is identified in local plan or strategy as ecologically important.
Difference between conservation covenant and s.106 agreement
Conservation covenant is with landowner and responsible body, s.106 is with developer and local authority. Covenant can be used outside bng planning requirement. Covenant binds future owners of land
Who can be a responsible body
Local authorities, provides that they satisfy the secretary of state that they are suitable
Other public bodies if they can satisfy that their main purpose or activities relate to conservation
Charities with mainly conservation related functions. 33 currently
What are nature marketsb
Framework for nature markets, March 2023, private investment in delivering net zero and nature recovery
Difference between stacking and bundling
Stacking is generating multiple types of credits from one or more activity on same piece of land. Bundling is different environmental benefits combined in a single credit.
Both OK as long as additionally principle is not breached
What is a biodiversity gain plan
A developer will need to submit a plan at the application stage which needs to be approved by Lpa.
What is included in biodiversity gain plan
Steps to be taken to avoid or minimise adverse effects of the development
Details of pre development and post development biodiversity of the land
How bng will be delivered and details on stat biodiversity credits.
How long are developers obligated to maintain and conserve biodiversity gains
30 years
How would landowners go about selling bng units
Register site on biodiversity register (under s.106 or conservation covenant)
Create habitat according to demand- can deregister if land not needed.
What are other options are available to landowners
Lease to habitat bank or joint venture with developer / investor
What is the gain site register
Publically available, operated by NE, records allocations of all off site bng
What is the biodiversity gain hierachy
Not the same as mitigation hierarchy. Applies to on site habitats. Adverse effects should be compensated as follows:
1. Enhancement of existing onsite habitat
2. Creation of new onsite habitat
3. Allocation of registered office gains.
4. Purchase of biodiversity statutory credits.
