As of 12th of February 2024, all developments must improve the Biodiversity Net Gain (BNG) of a site by at least 10%, with few exceptions.
The regulations and BNG Planning Practice Guidance detail that every grant of planning permission will be subject to a post planning general biodiversity gain condition. As a result, it’s vital that developers are aware of the implications, and plan for their scheme with BNG at the forefront.
Exceptions include:
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Temporary exemption for non-major/small site developments (a small site metric is expected to come into force from April 2024);
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Householder applications;
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Development granted planning permission by a development order under section 59 (permitted development rights);
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Sites that contain habitats of an area below a ‘de minimis’ threshold of 25sqm, or 5m for linear habitats, unless the site contains a priority habitat/Habitat of Principal Importance;
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Small scale self-build and custom housebuilding;
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Biodiversity gain sites (where habitats are being enhanced for wildlife);
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Urgent Crown Developments;
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Nationally Significant Inf rastructure projects (expected to come into force f rom November 2025);
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Temporary Impacts (if habitats can be restored under a 2-year period).
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Planning applications submitted before 12th February 2024;
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Retrospective planning permissions made under section 73A; and
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Section 73 permissions where the original permission was granted before the 12th February 2024.
If you'd like to discuss this new regulation further, please contact Luke Thrumble, Head of Planning at Glenny.
