Defra has confirmed that mandatory changes to Biodiversity Net Gain (BNG) are set to come into force on August 6.
Under the reforms, there is a new exemption for development on sites of no more than 0.2 hectares, provided that there is no negative effect an onsite priority habitat.
The changes are:
- introduction of the new 0.2 hectare exemption, which means that the smallest developments will not be required to do mandatory BNG (unless onsite priority habitat is negatively impacted)
- introduction of a new temporary development exemption, for land which is to be reinstated within a period of 5 years or less (unless onsite priority habitat is negatively impacted)
- modification of the biodiversity gain hierarchy for minor development, meaning that minor sites which aren’t exempt from BNG (e.g. over 0.2 hectares) can choose to go straight to offsite in the first instance
- removal of the existing exemption for self and custom build development
The Government expects that expects that many self and custom build schemes will fall under the new 0.2 hectare threshold.
Although these changes are welcome it is important to remember that while the BNG burden has been reduced for the smallest developments, the impact on site habitat – especially priority habitat – must still be considered. And developments will still be subject to existing environmental protections and policies.
Defra says that ‘planning decisions should still apply the mitigation hierarchy and refuse permission where significant harm to biodiversity cannot be avoided, adequately mitigated or, as a last resort, compensated’.
The new rules coming into force on August 6 won’t be the last. Defra says that it will bring forward remaining BNG changes, including:
- introduction of an exemption for development whose primary objective is to conserve or enhance biodiversity
- introduction of a targeted exemption for development that enhances parks, playing fields and public gardens
- changes to the statutory biodiversity metric
Please contact us to find out more about BNG and how it will affect your plans, project or site.
