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January 22, 2024

The government has confirmed the dates for when Biodiversity Net Gain (BNG) rules will come into force for major and minor developments.

It has tabled a statutory instrument (SI) (The Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations 2024) confirming the commencement date of the application of BNG:

  • The requirement for major development will apply from February 12
  • The requirement for small sites (minor development) will apply from April 2

Applications made before these dates respectively will be exempt from BNG. They do not need to be determined before these dates.

The biodiversity gain planning condition does not apply in relation to an application for planning permission made under Part 3 of the Town and Country Planning Act 1990, where the application for planning permission was made before 12th February 2024.

Where any planning permission is granted before February 12 for major development or before April 2 for minor development, any subsequent s73 application made will also be exempt.

The implementation of BNG has been delayed twice and was due to come into effect last November.

From February 12, developers will be required to deliver a 10% BNG on major developments, including residential developments with 10 or more dwellings, or where the site area is greater than 0.5 hectares. Then, BNG for small sites will apply from April 2.

Please contact us to find out more about how this may impact your plans or project.