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Stock image by Alexas_Fotos from Unsplash
Requirements set to come into effect
The Government has announced that as of 12 February 2024, developments for which planning applications are made and subsequently granted permission will be required to achieve a minimum 10% net gain in biodiversity (Biodiversity Net Gain – BNG).
Initially this will apply to applications for major development, but from 2 April 2024, the requirement will extend to cover small development sites also. There are a series of exemptions to the requirement meaning that applications for householder developments (such as domestic extensions), small-scale self and custom builds, and development affecting a very small ‘de minimis’ area of habitat, amongst others are not caught by the statutory requirement.
The new national requirement is designed to ensure that developments leave the natural environment in a 'measurably' better state than it was beforehand. In doing so, developers will be required to achieve a minimum 10% net gain in biodiversity through the delivery of on-site enhancements, off-site enhancements, or the purchasing of statutory biodiversity credits, with a strong ‘on-site first’ expectation and presumption against use of statutory credits. The requirement sits alongside existing protections and will support wider work to enable nature recovery in Somerset, e.g. through the emerging Local Nature Recovery Strategy consultation.
Somerset BNG Guidance Note
To assist in the rollout and implementation of this new national requirement locally, we have produced a Somerset BNG Guidance Note. A draft Guidance Note was published in November 2023 for public consultation. A total of 88 responses were received. Thank you to everyone who took the time to respond!
The majority of respondents felt that the proposed processes, requirements and local expectations for BNG were appropriate, with particular support shown for the Somerset BNG Principles. However, concerns were raised around the complexity of the subject matter, processes for securing off-site solutions and the monitoring and enforcement of BNG. Officers have taken account of comments received and a final Guidance Note including new set of validation requirements for planning applications is now being recommended for adoption as a material planning consideration by the Planning and Transport Policy Sub-Committee on 14 February 2024.
A Consultation Statement including a ‘You said, we did’ section is included as a supporting document. The officer report, proposed final Guidance Note and supporting documents will be available to view on our Planning and Transport Policy Sub-Committee meeting webpage from Tuesday 6 February.
To supplement this, a non-technical summary document and FAQ sheet are also in production for the website, to help improve accessibility of the topic and understanding of the requirements. Keep an eye out on our BNG webpage for further information.
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