Planning applications and BNG

What is required if the development is considered to be exempt from BNG?

Where you consider that an application would be exempt from the BNG condition, Article 7 of The Town and Country Planning (Development Management Procedure)(England) Order 2015 sets out the requirements:

• a statement must be included with the application setting out the reasons why the development is considered to be exempt
• the planning application form provides for these reasons to be set out

The planning application form for householder development already includes a pre-populated statement. In other cases evidence may be required.

What is required for all applications which BNG condition would apply to?

Article 7 of The Town and Country Planning (Development Management Procedure)(England) Order 2015 sets out the minimum information required at the validation stage. The requirements are as follows:

• confirmation that the applicant believes that planning permission, if granted, the development would be subject to the biodiversity gain condition
• the pre-development biodiversity value(s), either on the date of application or earlier proposed date (as appropriate)
• where the applicant proposes to use an earlier date, this proposed earlier date and the reasons for proposing that date
• Habitat Baseline Plan - A Habitat Baseline Plan should be produced using the information from the Preliminary Ecological Appraisal or Ecological Impact Assessment. It should clearly show the areas covered by each of the existing habitat types and the area in hectares (ha) of each habitat type (or for each habitat parcel, as some habitats may be scattered throughout the site). A label for each habitat parcel should be added for more complex sites. A separate plan for linear habitats may also need to be provided
• Proposed Habitats Plan - The Proposed Habitats Plan should be taken from the site layout plan, illustrative masterplan, green infrastructure plan or landscape plans (if they are available) and should clearly show habitat types being retained, enhanced and created, and the area of each habitat type (ha). It must be colour-coded so that each habitat type is easily identifiable. Other proposed biodiversity enhancements (including for priority species) and protected species mitigation areas should also be shown on this plan
• Biodiversity Metric - the completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or proposed earlier date) including the publication date of the biodiversity metric used to calculate that value. The information in the Biodiversity Metric should be directly related to the Habitat Baseline Plan and the Proposed Habitats Plan. The completed Excel spreadsheet must be submitted in full to allow us to analyse the information. A reproduced copy will not be acceptable. Detailed justifications for the choice of habitat types, distinctiveness and condition should be added to the comments column or provided separately in the report. All assumptions made in the calculations should be clearly identifiable. Different habitat parcels should be individually referenced and identifiable on the relevant drawings so that these can be cross-referenced with the Biodiversity Metric. 
• a statement whether activities have been carried out prior to  the date of application (or earlier proposed date), that result in loss of onsite biodiversity value (degradation), and where they have:
  • a statement to the effect that these activities have been carried out
  • the date immediately before these activities were carried out
  • the pre-development biodiversity value of the onsite habitat on this date
  • the completed metric calculation tool showing the calculations
  • any available supporting evidence of this
• a description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) on the land to which the application relates, that exists on the date of application, (or an earlier date)

If this information is not provided, your application will not be validated.