Biodiversity

Biodiversity

Biodiversity net gain in England

What is biodiversity net gain?

Biodiversity net gain (BNG) is a principle which aims to leave the natural environment in a measurably better state after development than beforehand.

Mandatory planning requirement for biodiversity net gain in the Environment Act 2021

Sections 98 to 101 and Schedule 14 to the Environment Act 2021 (EA 2021) contain the relevant provisions for BNG. EA 2021, s 98, which came into force on 12 February 2024, provides that ‘Schedule 14 makes provision for biodiversity gain to be a condition of planning permission in England’.

Paragraph 2 of Schedule 7A Part 1 to the Town and Country Planning Act 1990 (TCPA 1990) introduces the concept of a ‘biodiversity gain objective’.

The biodiversity gain objective is to be treated as having been met in relation to development for which planning permission is granted if:

•
the biodiversity value attributable to the development
•
exceeds by at least 10%
•
the pre-development biodiversity value of the onsite habitat. ‘Onsite habitat’ is defined as ‘the habitat on the land to which the planning permission relates’

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