Biodiversity Net Gain (BNG)

Under the Environment Act 2021, all planning permissions granted in England (with a few exemptions) will have to deliver at least 10% biodiversity net gain, using the metric developed by DEFRA that generates a biodiversity value for a site before and after development to demonstrate this. This applies to major development from February 2024 and minor development from April 2024.

Minor development means:

• For residential: where the number of dwellings to be provided is between one and nine inclusive on a site having an area of less than one hectare, or where the number of dwellings to be provided is not known, a site area of less than 0.5 hectares.
• For non-residential: where the floor space to be created is less than 1,000 square metres OR where the site area is less than one hectare.

Small Sites Metric

The Small Sites Metric (SSM) is applicable to some developments including:

• residential development where the number of dwellings is between 1 and 9 on a site of an area 1 hectare or less, or if the number of dwellings is unknown, the site area is less than 0.5 hectares;
• commercial development where floor space created is less than 1,000 square metres or total site area is less than 1 hectare;

Exemptions

Development may be exempt from the general planning condition if it comprises:

• Permitted development;
• De-minimis – a development affecting habitat of an area below a ‘de minimis’
• threshold of 25 metres squared, or 5 metres for linear habitats such as hedgerows and land that does not impact priority habitat (if priority habitat is impacted it is not exempt).
• Householder applications (except change of use of a house or subdividing an
• existing dwelling).
• Self or Custom build
• Permission in Principle (note: DoC for PiPs caught by the general planning
• condition)
• Biodiversity gain sites (where habitats are being enhanced for wildlife)
• Urgent Crown development
• High speed rail
• Reserved matters for outline permissions granted before 12/2/2024 for majors and 2/4/2024 for minor apps.
• Section 73 applications if original permission was exempt.
• Retrospective applications

If the applicant is seeking to use the de-minimis exemption, the onus is on the applicant to provide evidence to demonstrate this. They must provide at minimum a map of the habitats on site and a description of the habitat on site which should include measurements of those habitats.

The biodiversity net gain process is built around the pre-commencement condition, which is when the full details of the metric calculations and of the measures to be taken to secure 10% net gain are required. However, enough information will need to be submitted with the planning application for the authority to be satisfied that a suitable net gain solution exists for that development. The minimum information to validate the application includes:

• Completed Statutory Biodiversity Metric Calculation. Please provide an Excel
• spreadsheet of the completed metric
• A statement or report which includes details of pre- and post-development habitats, their type, measurements and condition and justification to demonstrate how a gain of 10% can be achieved onsite in the first place, or a combination of on-site and partial off-site, or wholly off site but within the National Park. Details should also include how the habitats being created are suitable for the area and connect to the wider ecological network.
• Condition assessment sheets showing how the condition scores were achieved.
• A map of the baseline and post development habitats on the site and/or a description of the habitat on site which should include measurements.

If the applicant is seeking to use the de-minimis exemption, the onus is on the applicant to provide evidence to demonstrate this. They must provide at minimum a map of the habitats on site and a description of the habitat on site which should include measurements of those habitats.

The BNG process simply introduces a quantitative framework for securing and demonstrating net gain. It does not replace the requirement to carry out other assessments of impacts on biodiversity eg. submission of bat The BNG process simply introduces a quantitative framework for securing and demonstrating net gain. It does not replace the requirement to carry out other assessments of impacts on biodiversity e.g. submission of bat survey information. Where there is the potential for impacts on European sites, the Authority will still need to undertake a Habitats Regulations Assessment.

Compliance with several other environmental planning policies will still need to be demonstrated by the developer. This includes requirements relating to:

• protected or priority nature conservation sites
• protected or priority species
• irreplaceable habitats

Biodiversity net gain maintains the mitigation hierarchy of avoiding impacts first, then mitigating and only compensating as a last resort. It cannot be used to bypass the mitigation hierarchy.

The biodiversity metric has been designed to discourage the loss of better-quality habitats to development, by making them significantly more expensive to provide net gain for compared to lower value habitats.

Consequently, it is important to establish the baseline value of a site as early as possible when considering its development potential. The loss of higher value habitats may make a scheme non-viable or may require that parts of the site are safeguarded from development to enable an economically viable scheme to be developed.

Within Schedule 14 of the Environment Act measures have been included that allow the local planning authority to take account of any habitat degradation or destruction undertaken on a site since January 2020, and to take the earlier habitat state as the baseline for the purposes of biodiversity net gain. This is to ensure that there is no advantage to be gained by the deliberate clearance of land in order to achieve a low baseline value for biodiversity net gain.

If habitats on site have been destroyed or degraded prior to a survey and submission of planning application, the earlier habitat state will be taken as the baseline for the purposes of the biodiversity metric and a habitat condition score of ‘good’ will be allocated to the habitat parcel as a precaution.

The biodiversity net gain metric includes a multiplier (strategic significance) which canboost the score of habitat enhancements in particular locations, this is based on prepared Local Nature Recovery Strategies (LNRS). When undertaking the metric be sure to check whether the post-development habitats are within areas allocated under a LNRS.

There are three LNRS that are within the Yorkshire Dales National Park. Each LNRS includes a Local Habitat Map and associated interpretation guidance. Please read the guidance before using the Local Habitat Map to ensure you are viewing the layers relevant to BNG strategic significance scoring:

• The Cumbria LNRS: Homepage | Cumbria Local Nature Recovery Strategy
• The North Yorkshire & York LNRS:  Local Nature Recovery Strategy documents | North Yorkshire Council
• The Lancashire LNRS: https://www.lancashire.gov.uk/council/strategies-policies-plans/environmental/local-nature-recovery-strategy/

Habitat Banks are sites where new habitats are created or enhanced in order to offset the impacts from development and leave the natural environment in a measurably better state than it was before development occurred. A landowner can create or enhance a habitat and then sell off the Biodiversity Net Gain Units to other developments.

The Yorkshire Dales National Park Authority is supportive of private landowners who wish to bring forward Habitat Banks on their land, by helping to secure these with legal agreements.

A S106 agreement to manage and monitor the proposed enhancement and creation for a period of 30 years, will normally be used by the YDNPA to secure a Habitat Bank project within the National Park. As well as secure the fees for set up and monitoring as the Responsible Body. Fee details can be found here:

• Biodiversity Net Gain (BNG) Habitat Banks Fee Calculator

If a potential scheme fits into the YDNPA Management Plan and Nature Recovery Plan or if a landowner would like to know more, please feel free to get in touch at: planning@yorkshiredales.org.uk

There is currently one habitat bank set up within the National Park with an agreement with the LPA. Further information on this can be found here:

S106/969 070426 Habitat Bank – Scrafton Pasture, West Scrafton

Further information on BNG can be found through the external links here:

• Understanding biodiversity net gain
• Meet biodiversity net gain requirements: steps for developers
• Biodiversity Net Gain: Good Practice Principles for Development – a Practical Guide (CIEEM, IEMA and CIRIA)
• Future Homes Hub: Biodiversity Net Gain Project
• Biodiversity Net Gain Metric and User Guide