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ARTICLE · 14 DECEMBER 2023

Biodiversity Net Gain

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The Environment Act 2021 amended planning legislation to require planning permissions in England to be subject to a new pre-commencement condition requiring a 'biodiversity gain plan' ("BNG") for the development.

United KingdomReal Estate and Construction
Sarah-Jane Denton
Sarah-Jane Denton
Jamie McKie
Jamie McKie
Emma Pereira
Emma Pereira
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The Environment Act 2021 amended planning legislation to require planning permissions in England to be subject to a new pre-commencement condition requiring a 'biodiversity gain plan' ("BNG") for the development. That plan must ensure that the biodiversity value attributable to a development exceeds the pre-development biodiversity value of the onsite habitat by 10%. Note that the 10% requirement is not a cap - in practice, local planning policy requirements are likely to require more than that. This value can be delivered on-site, off-site, or through the purchase of 'biodiversity credits', or via a combination of these. There is a hierarchy, with on-site value being the preferred option. The associated habitat, or enhancement, must then be maintained for 30 years.

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