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Biodiversity Net Gain (BNG)

Biodiversity Net Gain (BNG) is an approach to development that leaves biodiversity in a measurably better state after development than before, after first avoiding and minimising harm.

Under the Environment Act 2021, all developments except for some exemptions (such as Major Site applications made before 12 February 2024, Minor Site applications made before 2 April 2024, and householder applications) have to deliver 10% BNG.

This requirement does not replace, but is in addition to, the existing policy and legal requirements related to biodiversity and development.

Avoiding impacts on biodiversity is the first priority, and BNG should be delivered on site where possible, and off-site a last resort. BNG will need to be secured and monitored for at least 30 years.

To measure BNG and assess the impacts of planning applications the Statutory Biodiversity Metric Tools and Guides should be used.

The Nature Recovery Network Map – which shows the prioritised distribution of opportunities for creating habitats in Gloucestershire can be used to calculate ‘Strategic Significance’ of habitats until Gloucestershire’s Local Nature Recovery Strategy is published.

The following guidance has been produced with local planning authorities across Gloucestershire - to help applicants and developers through the BNG process:

Guidance on delivering Biodiversity Net Gain for planning applicants and developers in Gloucestershire

Stroud District Council expects all applications to conform to the above guidance to achieve consistency of information on which to carry out decision-making in a timely manner. Not following this guidance may lead to delays to the processing of your planning application.
  • A fully completed Planning Application Form containing statements on BNG such as whether the applicant believes that planning permission, if granted, would be subject to, or exempt from, the biodiversity gain condition and the reasons why; if any irreplaceable habitats are present; and whether any degradation to on-site habitats has occurred.
  • A plan, drawn to an identified scale which must show the direction of North, showing on-site habitat (UKHab) existing on the date of application (or an earlier date), including any irreplaceable habitat.
  • A Biodiversity Metric showing the pre-development biodiversity value of the on-site habitats on the date of application (or an earlier date). Please ensure that ‘date of completion’, and ‘name of person completing the metric’ have been filled in, and that the Metric is saved as a macro-disabled excel file (.xlsx) with all sheets visible.
  • A description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date).

In addition to these minimum information requirements the following information is required for major development applications:

  • Post-Intervention plans and, where appropriate, off-site baseline and post-intervention plans - using the UKHAB classification, drawn to an identified scale (including the direction of north), showing existing habitat to be retained and enhanced, and new habitats to be created.
  • A biodiversity assessment which can be included as a chapter in the Ecological Impact Assessment report or as a separate report. The assessment must include a rationale for the condition assessment and strategic significance assigned to each habitat type, confirmation that the biodiversity gain hierarchy has been adhered to and an explanation as to whether on-site biodiversity net gains are significant.
  • Where significant on-site gains or off-site gains are being delivered then a draft Biodiversity Gain Plan will be required.

If this information has not been provided, the Stroud District Council will refuse to validate the application.

 

In addition to any other information on the Biodiversity and Planning web page, the following information should be submitted as soon after Validation as possible to allow a timely consideration before Determination: 

  • A draft  Biodiversity Gain Plan (BGP) – using the Government’s BGP template.
  • A baseline habitat plan showing on-site habitat (UKHab) existing on the date of application (or an earlier date), including any irreplaceable habitat.
  • A post-development habitat plan(s), drawn to an identified scale and including the direction of North, showing any habitats (UKHab) to be retained, enhanced, and/or created.
  • A fully completed Biodiversity Metric calculation tool.
  • Condition Assessment sheet for each habitat parcel (where appropriate).

Where off-site gains, or significant on-site gains are proposed:

  • A draft Habitat Management and Monitoring Plan (HMMP) will be required using Natural England’s template.
  • A draft S.106 agreement will also be required.

For further information please see page 10-20 of our guidance on delivering Biodiversity Net Gain for planning applicants and developers in Gloucestershire.

 

The biodiversity gain condition has its own separate statutory basis, as a planning condition under paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990. The condition is deemed to apply to every planning permission granted for the development of land in England (unless exemptions or transitional provisions apply).

To discharge the biodiversity gain condition, the statutory framework requires a Biodiversity Gain Plan to be submitted to the Local Planning Authority prior to the commencement of development.

The Biodiversity Gain Plan must be submitted in writing, no earlier than the day after planning permission has been granted, and must contain a number of matters to enable the Local Planning Authority to determine whether the biodiversity gain objective has been met. This will require the developer to submit several documents as evidence alongside a completed Biodiversity Gain Plan

Submitting a compliance of condition application

  • Developers can apply to discharge the biodiversity gain condition alongside other planning conditions.

  • The Local Planning Authority will create a stand-alone compliance of condition application for the biodiversity gain condition (the suffix of the planning reference will be BGPCON).

  • The Local Planning Authority has 8 weeks to approve or refuse the application, and a separate decision notice will be issued.

  • The development cannot commence until the biodiversity gain condition has been discharged.

 

  • A completed Biodiversity Gain Plan using the Government's Biodiversity Gain Plan template.
  • A completed copy of the Statutory Biodiversity Metric or Small Sites Metric (statutory biodiversity metric) excel spreadsheet in .xlsx format. Choice of biodiversity metric must be guided by the following the Statutory biodiversity metric: user guide
  • On-Site baseline map. The map must be drawn to an identified scale and show the direction of North. It must include all baseline habitats, including the area of each habitat type. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be meters squared (m2 ) for the habitat module and meters (m) for the watercourse and hedgerow modules. The map must be submitted in two different file formats: pdf. and shp.
  • On-site post intervention map. The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be meters squared (m2 ) for the habitat module and meters (m) for the watercourse and hedgerow modules. The map must be submitted in two different file formats: pdf. and shp.

Developers may also need to submit the following information:

  • Off-site baseline and post intervention maps - if off-site gains on land within the developer’s ownership or through a third-party landowner. These maps must be drawn to an identified scale and show the direction of North. The maps must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be meters squared (m2) for the habitat module and meters (m) for the watercourse and hedgerow modules. The maps must be submitted in two different file formats: pdf. and shp.
  • A Habitat Management and Monitoring Plan (HMMP)* using Natural England’s HMMP template as a guide, detailing how significant on-site, and all off-site habitats will be established, managed and monitored.
  • Landscape and Ecological Management Plan (LEMP)* (or any other management condition linked to biodiversity net gain) if the Local Planning Authority has deemed this an appropriate alternative to a Habitat Management and Monitoring Plan (please refer to the conditions included on your decision notice).
  • Biodiversity gains sites register reference number and a confirmation email from Natural England if off-site units are used.
  • Proof of purchase of statutory biodiversity credits – if they have been used.
  • A compensation plan - if the development affects irreplaceable habitats.

*A HMMP and LEMP are long-term habitat management and monitoring strategies that detail a developer’s commitment to achieving the biodiversity gain objective. They are secured through separate conditions to the Biodiversity Gain condition, yet they are intrinsically linked. Therefore, the LPA are requesting developers apply for the approval of the Biodiversity Gain and HMMP or LEMP conditions at the same time.

There are separate requirements for phased development. In this instance, the developer will need to complete and submit the following:

  • An overall biodiversity gain plan
  • A phase biodiversity gain plan (for each phase of the development)

 

 

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