BNG condition

What is the BNG condition?

The biodiversity gain condition has its own separate statutory basis, as a planning condition under paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990. The condition applies to every planning permission granted for the development of land in England (unless exemptions or transitional provisions apply), and there are separate provisions governing the Biodiversity Gain Plan.

It will not be included as a separate condition in the list of conditions. It will be provided separately to the conditions and will include the following:

• information relating to the biodiversity gain condition including the exemptions to the condition, and transitional provisions in relation to that condition
• information to note the effect that section 73(2D) of the Town and Country Planning Act 1990 applies (that an earlier biodiversity gain plan in relation to a previous planning permission is regarded as approved)
• the planning authority for the purposes of the Biodiversity Gain Plan
• requirements relating to irreplaceable habitats
• where development is to proceed in phases, a statement to that effect, and that the development cannot begin before an Overall Biodiversity Gain Plan and Phase Biodiversity Gain Plan have been submitted to, and approved by the planning authority, and that a Phase Biodiversity Gain Plan is required to be approved before that phase may begin

Discharge of the BNG condition?

A Biodiversity Gain plan is required to be submitted to and approved in writing before any development starts on site.

The plan will set out how the biodiversity gain objective of at least 10% will be met.

The plan must be submitted in writing, no earlier than the day after planning permission has been granted.

There is a standard biodiversity gain plan template available to assist.

A biodiversity gain plan must include the following:

• information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat
• the pre-development biodiversity value of the onsite habitat
• the post-development biodiversity value of the onsite habitat
• any registered off-site biodiversity gain allocated to the development and the biodiversity
• any biodiversity credits purchased for the development

In addition, the following information is required, where development is not to proceed in phases:

• name and address of the person completing the plan, and (if different) the person submitting the plan
• a description of the development and planning permission reference number (to which the plan relates)
• the relevant date, for the purposes of calculating the pre-development biodiversity value of onsite habitats and if proposing an earlier date, the reasons for using this earlier date
• the completed biodiversity metric calculation tool(s), stating the publication date of the tool(s), and showing the calculation of the pre-development onsite value on the relevant date, and post-development biodiversity value
• a description of arrangements for maintenance and monitoring of habitat enhancement to which paragraph 9(3) of Schedule 7A to the 1990 Act applies (habitat enhancement which must be maintained for at least 30 years after the development is completed)
• (except for onsite irreplaceable habitats) a description of how the biodiversity gain hierarchy will be followed and where to the extent any actions (in order of priority) in that hierarchy are not followed and the reason for that
• pre-development and post-development plans showing the location of onsite habitat (including any irreplaceable habitat) on the relevant date, and drawn to an identified scale and showing the direction of north
• a description of any irreplaceable habitat on the land to which the plan relates which exist on the relevant date, and any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat
• if habitat degradation has taken place:
  • a statement to this effect
  • the date immediately before the degradation activity
  • the completed biodiversity tool showing the calculation of the biodiversity value of the onsite habitat on that date
  • any available supporting evidence for the value

There is no separate application form, and we will have 8 weeks to approve the plan (unless another timescale is agreed).

The fee for the application to discharge the BNG condition is £145.

The government's website sets out the specific modifications in relation to phased and outline developments.

Monitoring of BNG

There is a requirement for all BNG to be in place for 30 years with a requirement for local authorities to monitor sites that they consider to be “significant” BNG areas. 

Information should be provided to demonstrate:

• the required aftercare maintenance and long-term habitat management of created and enhanced features
• how management will be implemented for a minimum period of 30 years
• what monitoring will be implemented during and after construction to ensure that all on and/or off-site BNG is delivered to the required condition

To monitor sites that are considered to be “significant” biodiversity net gain areas, a monitoring charge will be required from the developer. Following the receipt of the Habitat Monitoring and Management Plan, monitoring will be carried out at years 2, 3, 4, 5, 10, 15, 20, 25 and 30.