Biodiversity Net Gain exemptions
Biodiversity Net Gain became mandatory on 12 February 2024 for larger developments, and from 2 April 2024 for small developments.
For developments that meet the criteria, this means any biodiversity lost as part of a project must be replaced together with a minimum of 10% ‘gain’. The resulting habitat will be secured for at least 30 years via planning obligations or conservation covenants, enforced by s106 agreements.
Despite the ‘small development’ category and definition, many domestic construction projects fall outside the remit of BNG due to their negligible ‘impact’ on biodiversity. Most landscape construction projects undertaken by members are likely to fall outside of the remit of BNG.
Defra recently clarified the criteria where BNG does not apply, which the Association has reviewed and simplified, below:
Existing planning applications
If a planning application for a development was made before 12th February 2024, the development is exempt from BNG.
Development below the threshold
A development that does not impact a priority habitat* and impacts less than:
- 5m x 5m of on-site development
- 5 metres of on-site linear habitats e.g. hedgerows
* habitat types identified as being the most threatened and requiring conservation action
Householder applications
Applications made by homeowners as defined by Town and Country Planning (Development Management Procedure) (England) Order 2015. This means:
- an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse. E.g. home extensions, conservatories or loft conversions
- an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development
Self-build and custom build applications
- Developments of no more than 9 dwellings
- Site covers an area no larger than 0.5 hectares
Further reading
