Biodiversity net gain

In England, BNG is mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).

Developers must deliver a BNG of a minimum of 10%.

This means a development will result in more or better quality natural habitat than there was before development.

More information on how to deliver a BNG

• Step by step guidance for developers
• Step by step guidance for land managers

The diagram shows the difference between net loss, no net loss and net gain of biodiversity.

• BNG became mandatory for new major development applications submitted on or after Monday 12 February 2024
• BNG became mandatory for small sites applications submitted on or after Tuesday 2 April 2024

Some developments are exempt from BNG regulations and will not need to deliver BNG. Some examples of development which is exempt are:

• householder applications
• Prior Approval applications
• self-build and custom build applications
• development ‘below the threshold’ – where the on-site habitat is less than 25 square metres

For self-build and custom build applications, the council has a proforma to fill in and submit with your application.

• Self-build proforma (Word, 34KB)
  

These applications will be subject to a planning condition that ensures any homes permitted are occupied as self or custom build homes. More information can be found at ‘Build your own home’

Find out more about what types of development are exempt

A statement will be needed that says whether the planning permission is subject to the BNG condition or not, and if not, what exemption is being applied.

If the development is not exempt, then as a minimum the following information is required at validation stage:

• completed and dated Statutory Biodiversity Metric – please use the macro disabled version or Small Sites metric. This must be submitted as an Excel document (not as a PDF). You can only use the Small sites metric if your development meets the criteria to do so.
• the pre-development biodiversity value of the on-site habitat at the date of application (the metric will calculate this)
• if an earlier date than the application date is used, please provide reasons for using that earlier date
• statement confirming whether the biodiversity value of onsite habitat is lower on the application date due to any activity that has led to the degradation of habitats since 30 January 2020, with supporting evidence of that activity and degradation (if this is the case, the value will be taken as ‘pre-degradation)
• description of any irreplaceable habitat (set out in column 1 of the Schedule of the Biodiversity Gain requirements (Irreplaceable Habitat) Regulations [2024]) on the application site that exists on the application date (or earlier where justified)
• scale plan (with North arrow) showing existing onsite habitat as at the application date (or earlier where justified) including any irreplaceable habitat

Please note

• without all this information, we must refuse to validate the application
• it is important to note that you will still need to submit specific tree and/or ecology information and reports in addition to the BNG documentation
• applicants are encouraged to use our pre-application service should they have specific questions about BNG

For the purposes of BNG, the biodiversity value of a site is measured in standardised biodiversity units. A site will contain a number of biodiversity units, depending on things like:

• size
• quality of habitats
• location
• type of habitats

To measure the biodiversity value of a site you must use Statutory Biodiversity Metric Guide, or the Small Sites Metric, whichever is applicable, which calculates:

• how many units a habitat contains before development
• how many units are needed to replace the units of habitat lost or changed to achieve a minimum of 10% BNG

There are the Statutory Biodiversity Metric User Guide and Small Sites Metric User Guide which explains how to complete the metric correctly.

There are three ways to achieve the minimum 10% BNG

1. On-site by either enhancing or restoring within the red line boundary of the application site
2. Off-site by enhancing or creating habitats on their own land outside of the application site or buying off-site biodiversity credits
3. Buy statutory biodiversity credits from the government (this should be used as a last resort)

A combination of all three can be used but BNG delivery must follow the biodiversity gain hierarchy

Off-site biodiversity credits can be found by looking at the national biodiversity gain sites register.

Sites on the Isle of Wight currently on the national biodiversity gain sites register

• Kings Manor Farm (BGS - 100624001) Contact: environmental@kingsmanorfarm.com

Please note that the sites are not owned or managed by the Isle of Wight Council.

All questions should be directed to the site owners / managers using the contact information provided.

If statutory credits are purchased, the government will use the funds to create habitat across England.

A Biodiversity Gain Plan is a document that shows how you will achieve BNG.

The local planning authority will secure the submission of a Biodiversity Gain Plan before development commences by adding BNG conditions to planning decision notices.

Local planning authorities are then required to monitor the implementation of Biodiversity Gain Plans.

• BNG PPG Paragraph: 002 Reference ID: 74-002-20240214

Depending on the scale and type of BNG being proposed within the Biodiversity Gain Plan there may be a need to prepare a Habitat Management and Monitoring Plan (HMMP) and submit monitoring reports, and a monitoring fee may be payable.

As the local planning authority needs to review the HMMP and sign-off those monitoring reports, it is allowed to charge a monitoring fee, that is secured through a planning obligation, to cover the cost of this over the 30 years that BNG is required to be in place.

The local planning authority is required to monitor the following for 30 years:

• any off-site BNG (unless you are buying off-site BNG units from a habitat bank);
• what it considers to be ‘significant on-site BNG’

We will therefore require monitoring reports and a monitoring fee if the proposed on-site BNG includes one or more of the following types of ‘significant’ habitat:

• over 25sqm of ‘medium distinctiveness’ habitat;
• 10 or more new trees;
• below ground SuDS;
• over 25sqm of green roof;
• over 5 metres of medium distinctiveness or above of hedgerow;
• over 5 metres of medium distinctiveness or above of watercourse

If the on-site BNG proposed within the Biodiversity Gain Plan is below all of these thresholds, then no monitoring fee will be payable, and the landowner will instead be required to deliver the proposed 10% BNG in line with their Biodiversity Gain Plan.

The Isle of Wight Council has three levels of BNG monitoring fee and these are set out in the table below. The level of fee paid will depend on the size and type of habitats created and the amount of ecology expertise required within the local planning authority to monitor them.

The local planning authority will advise during the determination of an application what level of fee is required.

These fees will be secured by planning obligation and be payable in full prior to the commencement of development.

There may be occasions when a bespoke fee is payable if a complicated BNG package is put forward and this will be considered by the local planning authority on a site by site basis.

These fees will be reviewed on an annual basis and may be adjusted in line with inflation on 1 April each year

Note these monitoring fees relate to BNG that is provided as part of a planning application. They do not apply to BNG habitat banks. For any enquiries about setting up a BNG habitat bank and the monitoring fees that may apply contact planning.policy@iow.gov.uk

Once a planning application has been validated, the planning case officer will inform you what other information in needed from you.

This information may include:

• a biodiversity gain plan
• a habitat management and monitoring plan
• legal agreements
• details of BNG credits purchased
• landscaping plans showing habitat enhancement and creation
  

We might need these documents whilst the planning application is being decided or after the decision is made, but always before development starts.

More information for developers and applicants

• guidance on what BNG is and how it affects applicants, landowners and developers
• Planning Advisory Service frequently asked questions on BNG