Mandatory Biodiversity Net Gain: What Small Developers Need to Know

As the mandatory Biodiversity Net Gain (BNG) requirements took effect in February 2024, small developers now face critical decisions and adjustments to ensure compliance. While larger projects have already begun implementing BNG measures, small sites have until April to adapt to the new regulations. In this comprehensive guide, we'll explore the implications of BNG for small developers and provide essential insights into effectively navigating this evolving regulatory landscape.

Understanding Biodiversity Net Gain

Biodiversity Net Gain (BNG) is a framework mandated under the Environment Act 2021, designed to address the alarming decline of biodiversity in the UK. With the latest State of Nature report revealing a 19% decline in UK species since 1970, urgent action is needed to reverse this trend. BNG requires developers to achieve a minimum 10% increase in the quality or quantity of natural habitat across all planning permissions, emphasising the importance of enhancing biodiversity in development projects.

Defining Small Sites and Assessment

As defined by the BNG framework, small sites encompass residential developments with 1-9 dwellings on sites less than one hectare and non-residential sites with floor space below 1,000 square meters or site areas under one hectare. To comply with BNG requirements, developers must appoint a competent person to conduct a Small Sites Metric (SSM) assessment using the designated tool. This assessment ensures compliance with British Standards and provides valuable insights into biodiversity enhancement opportunities.

Appointing a Competent Person

Small developers are required to appoint a competent person, often referred to as the SSM 'user,' to conduct a Small Sites Metric (SSM) assessment using the designated SSM tool. While this individual does not necessarily need to be an ecologist, they must possess the requisite knowledge and expertise outlined in the British Standard Process for biodiversity net gain implementation (BS 8683:2021) to perform and review SSM calculations. Competence in key areas, such as identifying pre-development habitats on the site and understanding post-development habitat management requirements, is crucial for SSM users. The Small Sites Metric applies to minor development projects and land lacking priority habitats. Priority habitats, including ancient hedgerows, traditional orchards, and lowland meadows, require conservation efforts, while larger developments should adhere to The Statutory Biodiversity Metric.

Strategies for Achieving BNG

Government guidance outlines three primary methods for achieving BNG: onsite enhancement, offsite contributions, and statutory biodiversity credits. Developers can leverage these approaches in combination, following the biodiversity gain hierarchy to prioritise onsite enhancements where possible. For small developers facing land constraints, strategic planning and collaboration with stakeholders are essential for maximising biodiversity gains and securing planning permission.

Incentives for Small Developers

While mandatory BNG presents challenges, it also offers opportunities for innovation and collaboration. Incorporating green infrastructure and biodiversity-friendly design elements enhances project marketability and contributes to environmental stewardship. Small developers can streamline compliance efforts and leverage resources to achieve optimal biodiversity outcomes by engaging with stakeholders such as landowners and environmental organisations.

What Developers Need to Know

Developers must be well-versed in the forthcoming changes to biodiversity net gain (BNG) requirements to navigate the evolving regulatory landscape effectively. Here's a concise guide to help you stay informed and compliant:

·       Mandatory BNG: From 12 February 2024, all planning permissions in England (excluding small sites) must deliver at least 10% biodiversity net gain.

·       Scope of Application: Recognise that BNG requirements will extend to small sites from 2 April 2024, leaving no room for exemption except under specific circumstances.

·       Defra's Biodiversity Metric: Familiarise yourself with the Defra biodiversity metric, which will be used to measure biodiversity net gain, ensuring your projects align with the prescribed methodology.

·       Habitat Security: Ensure that all offsite and significant onsite habitats are secured for a minimum of 30 years, as mandated by the Environment Act 2021, to guarantee long-term biodiversity benefits.

·       Legal Obligations: Acknowledge the strengthened legal duty for public bodies to conserve and enhance biodiversity, as well as the new reporting requirements for local authorities, necessitating thorough compliance with statutory obligations.

·       Spatial Strategies: Prepare for the implementation of mandatory spatial strategies for nature, such as Local Nature Recovery Strategies (LNRS), which will shape planning decisions and conservation efforts at the local level.

·       Engagement and Collaboration: Prioritise stakeholder engagement and collaboration with local authorities, conservation organisations, and communities to foster transparency, address concerns, and build consensus around biodiversity objectives.

·       Preparation and Planning: Undertake comprehensive preparation and planning to integrate biodiversity considerations seamlessly into project workflows, ensuring proactive mitigation of environmental impacts and optimisation of biodiversity outcomes.

·       Resource Allocation: Allocate sufficient resources and expertise to facilitate BNG implementation, recognising the need for specialised knowledge and skills in habitat creation, enhancement, and management.

·       Continuous Learning: Stay abreast of updates, guidance, and best practices related to biodiversity net gain through professional development opportunities, industry publications, and engagement with relevant stakeholders.

By adhering to these guidelines and embracing biodiversity net gain as a core principle, developers can navigate regulatory requirements effectively while demonstrating their commitment to environmental sustainability and biodiversity conservation.

Conclusion

While the mandatory BNG requirements may pose challenges for small developers, they also present opportunities for growth and sustainability. By embracing innovation, collaboration, and strategic planning, small developers can navigate the path forward successfully. Recognising the intrinsic value of biodiversity and its critical role in shaping our environment is essential for creating a sustainable future for generations to come.