The Environment Act 2021 was given royal assent on the 9th November 2021 and sets out several key changes that will affect the planning system. The Act sets out the following key components to mandatory BNG:
- Minimum 10% gain required calculated using Biodiversity Metric & approval of net gain plan
- Habitat secured for at least 30 years via obligations/ conservation covenant
- Habitat can be delivered on-site, off-site or via statutory biodiversity credits
- There will be a national register for net gain delivery sites
- The mitigation hierarchy still applies of avoidance, mitigation and compensation for biodiversity loss
- Will also apply to Nationally Significant Infrastructure Projects (NSIPs)
- Does not apply to marine development
- Does not change existing legal environmental and wildlife protections
The required 10% biodiversity net gain can be achieved on or off-site and details of this must be included in a ‘biodiversity gain plan’ to be submitted to the Council included within a planning application. The biodiversity metric has been produced which is used to calculate the biodiversity gain using several factors. The metric and biodiversity plan can be completed by a suitably qualified ecologist. Squires Planning work with many ecological consultants on a range of projects and can recommend suitable ecologists for your project.
It is important to note that at the time of writing the 10% net gain requirement is not actually law. The requirement will only apply to new planning applications submitted pursuant the Town and Country Planning Act 1990 (TCPA) two years after royal assent of the Environment Act 2021, which will be from November 2023 and to Nationally Significant Infrastructure Projects (NSIPs) no later than 2025.
If you require any advice regarding biodiversity net gain, or general ecological matters relating to your project, please get in touch and one of the team would be happy to assist.
