A report by TerraQuest has shown that BNG regulations are not as widely adhered to as needed
The white paper report, Biodiversity Net Gain: The story so far, examines Biodiversity Net Gain laws in development.
BNG was made mandatory in February last year, and is intended to ensure that wildlife habitats are not only preserved, but enhanced and maintained after development.
BNG laws require at least a 10% biodiversity increase for new developments
The laws as they stand affect developers, land managers, and local planning authorities in a bid to sustain and improve the natural environment around the built environment.
This can be achieved through bio-diversity improvements both on and offsite, as well as government-provided biodiversity credits.
However, the data gathered by TerraQuest shows that over 75% of planning portal applicants claim that BNG does not apply to their application, per month. The three most common reasons cited for this non-application are ‘de minimis’, self-build and custom development’, and ‘retrospective planning permission.’
The number of self and custom-build applications has been on the rise since April last year, starting at the same time that small-site exemptions were removed for BNG laws. This rise sees an average of 89 more of these applications per month.
Overall, there were 1,891 more exemptions to BNG than non-exemptions being applied for between March and September 2024.
TerraQuest say the planning system is failing BNG requirements
Some changes will need to be made to the Planning Portal, the portal through which these applications are made, say TerraQuest, including a review of the de minimis and self-build and custom-build exemptions, increasing the portal’s support of SME businesses especially, as well as the wider industry.
Nicholas White, principal adviser for net gain at Natural England, said: “Small-to-medium sites which are making a BNG application for the first time can learn from larger developers that are already familiar with the regulations. Information sharing and collaboration will be key in navigating BNG at this early stage and, by providing clarification on what these exemptions mean, Planning Portal has already positioned itself as one of the many helpful resources for SMEs getting to grips with this new regulation.
“I think overall the policy is working, but inevitably there will be opportunities to fine-tune the legislation both now and in the future. There will, of course, be instances where applicants get it wrong, but there will also be plenty of success stories first time around and having this early data out in the world will be a vital part of the tweaking process moving forward.”
