Biodiversity Net Gain (BNG)

Biodiversity net gain is a way of creating and improving biodiversity by requiring development to have a positive impact ('net gain') on biodiversity. 

By law, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the condition that the biodiversity gain objective is met ('the biodiversity gain condition').  This objective is for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat.

More information about biodiversity net gain can be found on the government's Planning Practice Guidance website  .

Which planning permissions are in scope and which might be exempt from biodiversity net gain?

By law, biodiversity net gain is now applicable to planning permissions granted in respect to an application made on or after 12 February 2024.  Biodiversity net gain may still be applicable to permissions granted for applications made before this date if the decision notice contains a specific planning condition.  This is because, before the government made biodiversity net gain applicable to all applications by law, Fareham Borough Council introduced its own local plan policy requiring at least 10% net gain in biodiversity.

While every grant of planning permission in England is now deemed to have been granted subject to the biodiversity gain condition, commencement and transitional arrangements, as well as exemptions, mean that certain permissions are not subject to biodiversity net gain. 

Biodiversity net gain does not apply to:

• retrospective planning permissions made under section 73A of the Town and Country Planning Act 1990; and
• section 73 permissions where the original permission which the section 73 relates to was either granted before 12 February 2024 or the application for the original permission was made before 12 February 2024

The approval of reserved matters for outline planning permissions is not subject to the biodiversity gain condition (as it is not a grant of planning permission).

There are also specific exemptions meaning the biodiversity gain condition does not apply to certain types of development.  These include (but are not limited to):

• householder development
• de minimis development that does not impact a priority habitat and impacts less than 25 square metres (e.g. 5m by 5m) of onsite habitat, or 5 metres of linear habitat such as hedgerows
• self and custom build development which:
  • consists of no more than 9 dwellings, and
  • is carried out on a site which has an area no larger than 0.5 hectares, and
  • consists exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015

There are more exceptions and further information on the government's Planning Practice Guidance website .

If you are unsure at all as to whether your proposed development is exempt from the biodiversity gain condition, please contact the planning team and we would be happy to advise.

What information to do with BNG must an applicant submit as part of a planning application? 

Where applicants consider that the development would not be subject to the biodiversity gain condition they must complete the relevant part of the application form stating the reasons why they believe this is the case.

Where applicants consider that the development would be subject to the biodiversity gain condition the application must be accompanied by certain information.

More information on what must be provided with a planning application can be found on the government's Planning Practice Guidance website .

If an application for planning permission is granted, how is the statutory biodiversity gain condition applied?

Unlike most other planning conditions, the biodiversity gain condition does not appear on the decision notice issued by the Council so long as the application was made after the law changed on 12 February 2024.  Instead, a note for the applicant's information is included on the decision notice to advise that the development is subject to the biodiversity gain condition by law.  Further detail is provided on the decision notice on how to submit a biodiversity gain plan to discharge the condition.

Development may not begin unless:

• a biodiversity gain plan has been submitted to the Council, and
• the Council has approved the plan.

For applications made before 12 February 2024, the decision notice issued by the Council may contain a planning condition relating to biodiversity net gain.

What is the process for submitting the biodiversity gain plan?

The process for making an application to submit the biodiversity gain plan to discharge the condition is the same as for other conditions.  It is recommended applications are submitted via the Planning Portal in the same manner as other discharge of condition applications.  Failure to provide the minimum information requirements with the application may delay validation until such a time as this is provided (please see below for details of what must be included). 

It is possible to make an application to discharge the biodiversity gain condition and other conditions imposed on the decision at the same time.  As with other conditions there is a fee for making an application to discharge its requirements and the Council has 8 weeks to determine an application unless another timescale is approved by both parties.  A decision notice will be issued to confirm approval of the biodiversity gain plan and development must not commence until this has been received.

What must be included in a biodiversity gain plan?

The biodiversity gain plan must set out how the biodiversity gain objective of at least a 10% gain will be met.  The government have provided a template and the Council strongly encourages developers to use this template to bring together the required information into one document for approval.  The template can be found at https://www.gov.uk/government/publications/biodiversity-gain-plan .

More information on what must be included in a biodiversity gain plan can be found on the government's Planning Practice Guidance website .