Update
What is Biodiversity Net Gain?
Biodiversity Net Gain is an approach to development and land management that aims to leave the natural environment in a measurably better state than it was before.
It is intended to deliver measurable improvements for biodiversity by creating or enhancing habitats in association with development.
Achieving Biodiversity Net Gain means that natural habitats will be extended or improved as part of a development or project. Development will be designed in a way that provides benefits to people and nature and reduces its impacts on the wider environment.
Biodiversity Net Gain basics
Biodiversity Net Gain is a complex topic, the detail of which generally requires at least some knowledge and understanding of the development and planning processes. To help improve accessibility on the basics of the subject, the Council has produced a Non-Technical Summary Guide covering the key points to be aware of.
The requirement to demonstrate and deliver at least 10% Biodiversity Net Gain and the core processes involved in doing so are set nationally, mainly by The Environment Act 2021, The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 and The Biodiversity Gain Requirements (Exemptions) Regulations 2024. As a result, Biodiversity Net Gain will be mandatory for most development proposals approved for planning permission in England. The Government has set out national guidance in relation to Biodiversity Net Gain.
The requirement applies to planning permissions granted in respect to an application made after 12 February 2024. Permissions granted for applications made before this date are not subject to statutory Biodiversity Net Gain.
Every grant of planning permission in England granted in respect of an application made after 12 February 2024, is deemed to have been granted subject to the national biodiversity gain condition as set out in Schedule 7A of the Town and Country Planning Act 1990 (as amended by the Environment Act and the Biodiversity Gain (Town and Country Planning)(Modifications and Amendments)(England) Regulations 2024). However, commencement and transitional arrangements, as well as exemptions, mean that certain permissions are not subject to Biodiversity Net Gain.
Major development
From 12 February 2024, planning applications made for major development will be Biodiversity Net Gain liable.
Major development is defined as:
Residential development
- Where the number of dwellings being proposed is ten (10) or more
- If the specific number of dwellings to be provided is not known, a site area exceeding 0.5 hectares
Non-residential development
- The provision of a building or buildings where the allocated floor space being created as a result of the development is 1,000 square metres or more
- Where the development has an area of 1 hectare or more
- Change of use applications over 1,000 square metres or more
- All full applications concerning mineral extraction and waste development
Small development
At first, small development is subject to a temporary exemption from Biodiversity Net Gain. But, from 2 April 2024, small development will also be Biodiversity Net Gain liable.
Small development is defined as:
Residential development
- Development where the number of dwellings proposed is between one and nine inclusive on a site and has an area of less than one hectare
- If the number of dwellings is unknown, then the site area must be less than 0.5 hectares
Non-residential development
- Development defined as less than 1,000 square metres of proposed floor space
- Sites smaller than one hectare
Exemptions
There are a number of exemptions to the above as set out in The Biodiversity Gain Requirements (Exemptions) Regulations 2024. Before submitting an application, check whether the development may be exempt. In the following circumstances, the national deemed biodiversity gain condition will not apply.
- “small development” (see above) – temporary until 2 April 2024
- development impacting habitat of an area below a ‘de minimis’ threshold of 25m2, or 5m for linear habitats such as hedgerows
- householder applications
- development associated with the high speed rail network
- development of biodiversity gain sites (where engineering works are required for habitats to be enhanced for wildlife)
- small scale self-build and custom housebuilding (meaning a development of no more than 9 dwellings and on a site no larger than 0.5 hectares and consisting of exclusively dwellings which are self-build or custom housebuilding
Further guidance on the applicability of the statutory exemptions can be found in the DEFRA Land Use Blog – Biodiversity Net Gain – what are the exemptions?.
Mandatory national Biodiversity Net Gain does not apply where planning permission is not required. It does not apply to permitted development and prior approval applications or Review of Old Mineral Permissions. Biodiversity Net Gain does not apply to Permission in Principle applications (PIPs), although applications for subsequent technical details consent are subject to the national deemed biodiversity gain condition. Biodiversity Net Gain will also not apply to listed building consent applications. But please note that if these are made jointly with a full application which is not exempt from Biodiversity Net Gain, then Biodiversity Net Gain will be required for the full application.
Somerset Biodiversity Net Gain Validation Requirements
In Somerset, we require additional information to be submitted alongside any Biodiversity Net Gain liable planning application before the application can be validated. These requirements build on the minimum information required nationally. They are intended to make sure that sufficient information is available to consider and determine planning applications where Biodiversity Net Gain is a material consideration.
More detail on the requirements and justification for these can be found in the Somerset Biodiversity Net Gain Validation Requirements which forms Appendix 4 to the Somerset Biodiversity Net Gain Guidance Note. The Somerset Biodiversity Net Gain Validation Requirements were formally adopted as an addendum to the Council’s existing validation checklists by the Council’s Planning and Transport Policy Sub-Committee on 14 February 2024.
Local Biodiversity Net Gain Validation Requirements include:
- Wildlife and Ecology Survey
- Biodiversity Checklist
- Arboriculture Report
- Biodiversity Net Gain Statement Template
- Completed Biodiversity Net Gain Metric
- Biodiversity Net Gain plans and drawings
- Declaration Form
- Completed SHEP/HEP Metric (where necessary)
Please use the templates linked above wherever possible.
Applicants are encouraged to make use of the Council’s Pre-application Service to further understand the specific requirements in relation to their site.
More information is available in the presentation to the Somerset Agents Forum.
Biodiversity Net Gain Guidance Note
The Somerset Biodiversity Net Gain Guidance Note was adopted as a material planning consideration in the preparation of pre-application advice. It is used in assessing planning applications and any other development management purposes by the Council’s Planning and Transport Policy Sub-Committee on 14 February 2024.
Where a development would be Biodiversity Net Gain liable, how a planning application and its associated Biodiversity Net Gain proposals responds to the Guidance Note will be a material consideration in the determination of the application. It will also be a material consideration in the consideration of any subsequent Biodiversity Gain Plan submitted to the Council for approval.
The requirement to demonstrate and deliver at least 10% Biodiversity Net Gain and the core processes involved in doing so are set nationally. And will be mandatory for most development proposals seeking planning permission in England. However, there are limited areas where the requirement can be tailored to local circumstances. The Biodiversity Net Gain Guidance Note has been produced to provide guidance and advice on calculating and delivering Biodiversity Net Gain in Somerset. It aims to ensure a consistent and efficient approach aligned to local policy context, by making clear the requirements and processes in Somerset.
The document is intended to provide technical guidance and is primarily aimed at the development industry (in relation to housing, non-residential, minerals and waste) as well as anyone considering promoting land for habitat creation and enhancement in Somerset. As such, the primary audience for the document is planning applicants, developers, planning agents, ecologists, landowners, land managers, land agents and site promoters. It may also be of interest to a wide range of conservation bodies and other technical stakeholders and the general public.
The intention is that this Guidance Note will be updated as necessary to respond to changes in national guidance, local policy development (including the Local Nature Recovery Strategy and the Somerset Local Plan). Teething issues and challenges which arise and other national and local context changes as considered necessary and appropriate.
The document provides information on:
- The policy context for Biodiversity Net Gain and how its delivery fits with national and local plans, strategies and objectives;
- What Biodiversity Net Gain is, the basics of how it works and when it applies;
- The key stages of the process in relation to planning applications;
- A sequential approach to be followed in determining whether Biodiversity Net Gain should be provided on-site, off-site or via statutory credits;
- A holistic approach to Biodiversity Net Gain with alignment to six Somerset Biodiversity Net Gain Principles, linked to objectives in existing adopted plans, strategies and projects;
- How to consider ‘strategic significance’ within the Biodiversity Net Gain Metric in order to deliver nature recovery in Somerset;
- How Biodiversity Net Gain will be secured from new development;
- How the Council will enable off-site delivery mechanisms to come forward in Somerset;
- How monitoring and enforcement of Biodiversity Net Gain is proposed to work; and
- Proposed planning validation requirements.
Draft Guidance Note Consultation
A draft Guidance Note (including draft validation requirements) was consulted on from 6 November 2023 to 4 December 2023. Consultation is now closed and responses have been reviewed, analysed, and necessary amendments made in response to comments as well as the national guidance and regulations. The Consultation Statement has been produced summarising responses and explaining how they have been taken account in production of the final document.