BNG affects all town and country planning act developments in England and was introduced as a concept in the Environment Act 2021. BNG will become law following the implementation of secondary legislation anticipated in November 2023. BNG will not apply for ‘small sites’ – nine development units or less or 0.9 hectares or less until April 2024. Nationally Significant Infrastructure Projects will also only be affected by BNG from 2025.
What does this mean for development?
BNG means that all new developments will have to provide a biodiversity gain plan with their planning application detailing how the 10% uplift will be delivered. BNG can be delivered in three ways:
• On-site: Where a 10% uplift in BNG is delivered solely within the red line boundary of the development
• Off-site: Where the required number of BNG units is sourced form a local ‘habitat bank’ or ‘donor site’ for a price agreed between the landowner and developer to satisfy the 10% uplift.
• Statutory credits: This is a last resort and should only be implemented if BNG cannot be delivered through on-site and off-site measures. Developers can submit payments to the government which will be diverted into local government biodiversity projects.
Statutory credits have been priced so as to disincentivise their use and to stimulate the off-site BNG market place.
BNG will be calculated using the most recent version of DEFRAs Biodiversity Metric, currently version 4.0. This will be used across England to quantify habitat loss and gain.
Should BNG units be purchased from an off-site provider, the provider is agreeing to manage the site in accordance with a pre-agreed management plan for 30-years – the minimum length of a BNG agreement.
A biodiversity gain plan will also show how the mitigation hierarchy has been followed for the development site:
1. Avoid: Any negative impact where possible
2. Minimise: detrimental onsite measures that cannot be avoided
3. Restore: areas within the developent for biodiversity enchancements – this can contribute to on site BNG
4. Offset: should additional biodiveristy be required following restoration, BNG should be sought locally in order to satisfy the 10% net gain obligation

