FAQ

Biodiversity Net Gain is an approach to development and land management which aims to leave the natural environment in a measurably better state than it was beforehand, with a focus on halting and reversing species decline.

It will become a mandatory requirement from January 2024. Read more about the legal requirements here.

Habitat decline and the biodiversity crisis are as much of a threat to our planet as climate change and global warming.

To combat this, the UK Government announced in 2019 that all new English developments would be required to demonstrate a 10% increase in biodiversity in or near development sites. This legislation came into force after the new Environmental Act for England received Royal Assent in November 2021.

Put simply, the concept is to create biodiverse habitats and maintain them for 30 years to offset any habitats impacted by developments. However, the process is complex and requires ecological surveys, Habitat Management and Monitoring Plans, DEFRA metrics, implementation and ongoing management for 30 years - that’s where we come in. ILM can provide offsite solutions to developers, taking on the management and responsibility.

BNG is measured using the Biodiversity Metric (currently Version 4.0). It is a habitat based approach used to assess an area's value to wildlife. The metric uses habitat features to calculate a biodiversity value. The biodiversity metric must be completed by a suitably qualified ecologist.

The mitigation hierarchy is a widely accepted concept used to manage biodiversity impacts. The approach consists of four steps: avoidance, minimisation, restoration and offsetting. Abiding to the mitigation hierarchy is vital if developers hope to achieve biodiversity net gain.

Local Planning Authorities (LPAs) play a central role in the implementation and oversight of BNG. Their key aspects include the assessment of planning applications, ensuring compliance, community engagement and policy development.

Mandatory BNG will be a legal requirement from January 2024. For Small Sites, it will become mandatory from April 2024 and for Nationally Significant Infrastructure Projects (NSIPs), implementation is planned for 2025.

You must legally secure off-site gains or significant on-site gains for at least 30 years with a legal agreement.

There are two types of legal agreement for BNG:

• Planning obligation (Section 106) with an LPA

• Conservation covenant agreement with a responsible body

Responsible bodies play a crucial role in conservation covenant agreements. They are entities or authorities, such as local authorities, public bodies, charities, or private sector organizations, involved in overseeing, registering, and ensuring the compliance of these agreements. Their responsibilities include registration, annual return submission, resource allocation, compliance with legislation, and engagement with stakeholders to conserve natural or heritage features of the land for the public good.