All permissions where Biodiversity Net Gain (BNG) applies will have a BNG condition attached.
The biodiversity gain condition has its own separate statutory basis, as a planning condition. This is set out in paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990.
The condition cannot be varied or removed by an application under Section 73 of the Town and Country Planning Act. It also cannot be discharged as part of the grant of planning permission.
Determination of the Biodiversity Gain Plan, is the way to confirm if the development meets the biodiversity gain goal.
Approval of the Biodiversity Gain Plan is required before Development can start.
The Biodiversity Gain Plan
A Biodiversity Gain Plan (BGP) is a stand-alone document. It outlines how a development will achieve a minimum 10% net gain in biodiversity. This is as required by planning permission.
It is distinct from the biodiversity metric calculation tool and other supporting documents, such as:
- a Habitat Management and Monitoring Plan; or
- a Landscape and Ecological Management Plan.
We encourage Applicants to discuss BNG before submission. Please see our pre-application advice service.
It is also recommended that a draft Biodiversity Gain Plan is submitted with planning submission. This is to ensure:
- the required information has been considered at an early stage; and
- to minimise potential delays with discharging the general biodiversity gain condition.
The Future Homes and Planing Advisory Service BNG best practice process flow shows how BNG can be considered at all stages of the process.
How to submit an application to discharge the Biodiversity Gain Plan condition
The discharge of a BGP condition is submitted in the same way as other planning conditions. Please visit our Discharging Planning Conditions web page for more information.
Important note: The commencement of development before the BNG condition is discharged is considered a breach of planning control.
What must the Biodiversity Gain Plan include
It is the applicant’s responsibility to provide all necessary supporting documents. Failure to submit an acceptable and complete Biodiversity Gain Plan will mean:
- the condition cannot be discharged; and
- development cannot commence.
A biodiversity gain plan must include the following:
Biodiversity Gain Plan
A fully completed Biodiversity Gain Plan setting out how the biodiversity gain objective of at least a 10% gain will be met for the development.
Templates for the Biodiversity Gain Plan have been created by DEFRA and Natural England.
DEFRA and Natural England BGP template
Biodiversity Metric Calculation
This is Section 4.14 on the Gain Plan Template.
An up to date completed:
- statutory biodiversity metric; or
- statutory small sites metric.
The metric must have all sheets unhidden and be saved as a macro disabled excel file (.xlsx).
If there has been no change, you can resubmit the original that was submitted as part of the planning application. The choice of biodiversity metric must be guided by Government guidance.
Statutory biodiversity metric tools and guides
Condition Assessments
Section 4.15 on the Gain Plan Template.
Up to date condition assessments must be submitted. If there has been no change, you can resubmit the original that was submitted as part of the planning application.
Pre-development Habitat Survey Report and Map (On site Baseline)
Section 4.16 on the Gain Plan Template.
A pre-development survey report must be submitted together with a map. The map must be drawn to an identified scale and show the direction of North. It must include all baseline habitats, including the area of each habitat type.
If the statutory biodiversity metric has been used, units must be:
- hectares (ha) for the habitat module; and
- kilometres (km) for the watercourse and hedgerow modules.
If the small sites biodiversity metric has been used, units must be:
- metres squared (m²) for the habitat module; and
- metres (m) for the watercourse and hedgerow modules.
Post Development Habitat Map or Landscape Plan (On site)
Section 4.17 on the Gain Plan Template.
The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created.
If the statutory biodiversity metric has been used, units must be:
- hectares (ha) for the habitat module; and
- kilometres (km) for the watercourse and hedgerow modules.
If the small sites biodiversity metric has been used, units must be:
- metres squared (m²) for the habitat module; and
- metres (m) for the watercourse and hedgerow modules.
If the developer is purchasing units from a Habitat Bank - the reference number from the Biodiversity Net Gain Register; and
If the developer is purchasing statutory credits – evidence that they need them and proof of purchase.
Biodiversity Gain Plan Guidance
For further information on the contents of the BGP, Government has produced some guidance.
Submit a Biodiversity Gain Plan
Biodiversity Net Gain Habitat Management and Monitoring Plan
The Biodiversity Net Gain Habitat Management and Monitoring Plan (HMMP) is a separate condition to the Biodiversity Gain Plan.
This condition can only be agreed after the Gain Plan has been approved.
The report must specify how significant on-site, and all off-site habitats will be established, managed and monitored.
Natural England have produced a template:
Habitat Management and Monitoring Plan template
Government have also produced some guidance:
Creating a Habitat Management and Monitoring Plan for Biodiversity Net Gain