Biodiversity Net Gain rules come into force

On 12 February 2024, the Government’s new Biodiversity Net Gain (BNG) rules came into force. We covered this in previous editions of this newsletter and effectively, this means that planning applications for new major developments made from 12 February which then go on to be granted planning permission must, by law, achieve at least a 10% improvement in biodiversity value. This is part of the Government’s plan to ensure that development leaves the natural environment in a measurably better state than it was beforehand.

Whilst the rules apply only to major development right now, from 2 April 2024, they'll extend to cover small developments as well. At this point in time, BNG does not apply to householder applications such as extensions or self/custom-build schemes, amongst other development types. It only applies where we're granting planning permission - it won't, for instance, apply to applications for prior approvals or listed building consent.

For a quick and simple guide on the basics of BNG, you can view our new Non-Technical Summary Guide.

Last month, we formally adopted the Somerset BNG Guidance Note along with local BNG validation requirements (the information which needs to be submitted alongside BNG-liable planning applications). Thank you to everyone who responded to the consultation towards the end of last year. The accompanying Consultation Statement includes a summary of responses and a ‘You said, we did’ section, where you can find out more about how your comments have been taken into account.

One option to achieve the minimum 10% improved biodiversity requirement is to deliver enhancements off-site. These off-site solutions need to be legally secured for a minimum of 30 years. We're planning to launch a ‘call for sites’ in the next few months, seeking sites which can deliver BNG and/or phosphate mitigation, as well as achieving wider nature-based solutions and benefits. We'll use this process to assess and prioritise deliverable schemes which can achieve the best outcomes for Somerset, and then work to legally secure these with the site owners and promoters. More on this in coming editions.

To find out more, visit our Biodiversity Net Gain webpage.