Defra has confirmed that the package of biodiversity net gain (BNG) regulations that were laid in Parliament last year will be applicable from 12th February 2024.
This means that, from this date, major developments that are not otherwise exempt will have to deliver net gains for biodiversity. The stated aim of the policy and legislation is ‘positive outcomes for nature, better places for communities and more consistent and transparent requirements for developers’.
BNG will be mandatory for ‘major development’ in England from that date – defined as residential developments with 10 or more dwellings or where the site area is greater than 0.5 hectares. BNG for small sites (residential development where the number of dwellings is between 1 and 9 or, if an unknown number, where the site area is less than 0.5 hectares; or commercial development where the floor space created is less than 1,000 m2 or the total site area is less than 1 ha) will be mandatory from 2nd April.
BNG is a way of creating and improving natural habitats by making sure that development has a measurably positive impact on biodiversity compared with what was there before development. Developers will be required to deliver 10% BNG, as measured by a statutory biodiversity metric. There are three ways this can be achieved: by enhancing and restoring biodiversity on-site; by delivering a mixture off on-site and off-site improvements; or, as a last resort where on-site or off-site BNG cannot be achieved, by buying statutory biodiversity credits from the Government.
Scotland, Wales and Northern Ireland have different approaches, based on net-benefits or enhancements to biodiversity without the mandatory metric that is being introduced for England. Although the EU’s nature restoration law, which is expected to enter into force later this year, has mandatory restoration targets, it does not specify targets for biodiversity offsets or net gain.