Unlocking Compliance: A Developer’s Guide to Navigating England’s New Biodiversity Net Gain Regulations
Understanding Biodiversity Net Gain (BNG)
Biodiversity Net Gain, or BNG, is a revolutionary concept in the UK’s environmental policy landscape, particularly under the Environment Act 2021. This legislation mandates that most new developments in England must achieve a minimum of 10% biodiversity net gain, ensuring that the natural environment is left in a better state than before the development began[2][4].
What is Biodiversity Net Gain?
BNG is defined as an approach to development that enhances the natural environment by improving biodiversity on or near the development site. The UN Convention on Biological Diversity emphasizes that biodiversity includes the variability among organisms and the ecological complexes they are part of, encompassing diversity within species, between species, and of ecosystems[1].
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Why is BNG Important?
Achieving BNG is crucial for several reasons. It not only safeguards and improves the well-being of natural and urban ecosystems but also offers opportunities for developers to enhance the liveability and functionality of the places they build. BNG requires collaboration and communication among all stakeholders involved, from designers and architects to financial institutions and property consultants[1].
How the New Law Works
To comply with the BNG requirements, developers must follow a structured approach:
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Baseline Assessment
Developers start by conducting an ecological survey to establish the current biodiversity on the site, creating a baseline. This assessment is critical in understanding the existing biodiversity value of the site[2].
Biodiversity Metric Calculation
The Defra Biodiversity Metric 4.0 is used to calculate the biodiversity value of the site, considering factors such as habitat types, condition, and size. This metric helps in determining the baseline biodiversity value and the required gain[2].
Biodiversity Enhancement Plan
Developers must outline how they will enhance biodiversity by at least 10%. This plan could involve actions like planting trees, creating green spaces, or contributing to off-site biodiversity projects. The plan must be detailed and include long-term strategies for maintaining the biodiversity gains[2].
Planning and Approval
Local planning authorities will assess BNG plans as part of the planning process. Developers must demonstrate compliance with the BNG requirements to obtain planning permission. This involves submitting a comprehensive biodiversity gain plan that covers at least 30 years[4].
Long-Term Maintenance
Biodiversity gains must be maintained for at least 30 years, requiring long-term plans for habitat management and monitoring. This ensures that the biodiversity enhancements are not temporary but sustainable over the long term[2].
Key Steps for Developers to Conform
To comply with the new BNG legislation, developers need to take several key steps:
Early Engagement
Developers should involve ecologists from the start to identify how biodiversity can be enhanced. Early engagement helps in integrating biodiversity considerations into the project design, avoiding costly revisions later on[2].
Nature-Based Solutions
Projects should incorporate nature-based solutions such as green roofs, wildlife corridors, or natural water features. These solutions not only meet BNG goals but also create more sustainable and attractive developments[2].
Collaboration with Authorities
Developers may need to collaborate with local authorities or conservation groups to meet off-site biodiversity requirements if on-site improvements are not feasible. This collaboration is essential for ensuring that the biodiversity gains are achieved and maintained[2].
Off-Site Biodiversity Units
In cases where it is not feasible to achieve the 10% biodiversity gain on-site, developers can resort to off-site biodiversity units.
When to Use Off-Site Units
If the ecological consultant recommends that on-site changes are insufficient to meet the 10% increase, developers can buy off-site units. These units enable developers to contribute to the wider biodiversity effort, even if the improvements cannot be made on the development site itself[3].
Market Insights
The market for off-site biodiversity units is growing. Natural England’s BNG register records places providing off-site biodiversity units, with currently 19 gain sites totaling over 500 hectares of habitat. This market is expected to expand as more responsible bodies are designated to manage these units[5].
Benefits of Compliance
Complying with the BNG requirements offers several benefits:
Enhanced Environmental Credentials
Meeting the biodiversity requirement enhances a development’s environmental credentials, attracting eco-conscious buyers and contributing positively to local ecosystems[2].
Long-Term Value
Biodiversity enhancements add long-term value to developments, making them more sustainable and desirable. This approach aligns with broader environmental goals, such as achieving net zero, and contributes to the overall health of ecosystems[1].
Legal Compliance
Compliance with BNG regulations avoids legal issues and ensures that developers do not face delays or penalties. It also maintains the integrity of the development process, ensuring that all legal and environmental standards are met[4].
Practical Insights and Actionable Advice
Here are some practical insights and actionable advice for developers navigating the new BNG regulations:
Engage Early and Often
“Early engagement with ecologists is crucial. It helps in identifying potential biodiversity issues early in the project and integrating biodiversity considerations into the design,” advises a senior ecologist at Arbtech[3].
Use Nature-Based Solutions
“Nature-based solutions are not just about meeting BNG requirements; they also create more sustainable and attractive developments. Green roofs, for example, can provide habitats for local wildlife while also reducing urban heat island effects,” notes a developer at Build Warranty[2].
Collaborate with Local Authorities
“Collaboration with local authorities and conservation groups is key. They can provide valuable insights and support in achieving off-site biodiversity gains,” says a planning officer at Stevenage Borough Council[4].
Case Studies and Examples
Several case studies demonstrate the successful application of BNG principles:
Mayfield and Halifax Bus Station
The UK Green Building Council (UKGBC) has collected case studies such as the Mayfield development and the Halifax Bus Station project, which showcase how BNG can be successfully integrated into development plans. These projects highlight the importance of early engagement, nature-based solutions, and collaboration with local authorities[1].
Duxford Old River Floodplain Restoration Project
The Duxford Old River Floodplain Restoration Project is another example where BNG was achieved through habitat creation and enhancement. This project involved restoring a floodplain to its natural state, providing significant biodiversity gains and demonstrating the effectiveness of off-site biodiversity units[1].
Resources and Support
Developers have several resources and support mechanisms available to help navigate the BNG regulations:
UKGBC Resources
The UKGBC offers a range of resources, including definitions, factsheets, infographics, and checklists. These resources are designed to help developers understand and comply with the BNG requirements[1].
Build Warranty Support
Build Warranty provides expert advice and support to developers, helping them create practical and cost-effective plans to meet the 10% biodiversity net gain target. Their services include ecological assessments, designing long-term biodiversity management strategies, and ensuring compliance with the law[2].
Arbtech Consultancy
Arbtech offers ecological consultancy services, including BNG assessments and plans. They help developers ensure that the planning policy has been met and all parties are satisfied with the outcome[3].
Table: Key Components of Mandatory Biodiversity Gain
| Component | Description |
|---|---|
| Baseline Assessment | Conduct an ecological survey to establish the current biodiversity on the site[2]. |
| Biodiversity Metric Calculation | Use the Defra Biodiversity Metric 4.0 to calculate the biodiversity value of the site[2]. |
| Biodiversity Enhancement Plan | Outline how to enhance biodiversity by at least 10% and include long-term strategies for maintenance[2]. |
| Planning and Approval | Submit a comprehensive biodiversity gain plan for approval by the local planning authority[4]. |
| Long-Term Maintenance | Maintain biodiversity gains for at least 30 years through habitat management and monitoring[2]. |
| Off-Site Biodiversity Units | Use off-site units if on-site improvements are not feasible, contributing to the wider biodiversity effort[3]. |
| Legal Agreements | Enter into legal agreements with off-site habitat bank operators and responsible bodies[5]. |
List: Steps to Achieve Biodiversity Net Gain
- Conduct a Baseline Assessment: Perform an ecological survey to determine the current biodiversity on the site.
- Calculate Biodiversity Value: Use the Defra Biodiversity Metric 4.0 to calculate the biodiversity value.
- Develop a Biodiversity Enhancement Plan: Outline how to achieve a 10% biodiversity gain and include long-term maintenance strategies.
- Engage with Local Authorities: Collaborate with local planning authorities and conservation groups.
- Implement Nature-Based Solutions: Incorporate green roofs, wildlife corridors, or natural water features into the development.
- Maintain Long-Term Biodiversity Gains: Ensure that biodiversity enhancements are maintained for at least 30 years.
- Consider Off-Site Biodiversity Units: If on-site improvements are not feasible, use off-site units to achieve the required biodiversity gain.
Reflections and Future Directions
Nine months into the mandatory implementation of BNG, there are positive reflections and areas for continued improvement.
Local Authorities’ Role
Local authorities have been proactive in learning about and engaging with BNG. They are scrutinizing planning applications to ensure the 10% BNG requirement is being correctly applied and entering into legal agreements with off-site habitat bank operators[5].
Growing Off-Site Market
The off-site biodiversity market is slowly but steadily growing, with Natural England’s BNG register recording over 500 hectares of habitat. This market is expected to expand further as more responsible bodies are designated[5].
User Tools and Guidance
Improvements have been made to the BNG metric tool and user guide, enhancing the user experience. Continuous updates to the guidance on GOV.UK will help refine the policy and support stakeholders in complying with BNG requirements[5].
In conclusion, navigating England’s new Biodiversity Net Gain regulations requires a thorough understanding of the policy, early engagement with stakeholders, and the integration of nature-based solutions. By following the structured approach outlined and leveraging available resources, developers can not only comply with the law but also contribute positively to the environment and enhance the value of their developments. As the policy continues to evolve, it is clear that BNG is a significant step towards a more sustainable and environmentally conscious future.