Biodiversity net gain (BNG) is an approach to development that aims to leave the natural environment in a measurably better state than it was beforehand. BNG is a legal requirement introduced with The Environment Act 2021 and implemented by Schedule 7a of the Town and Country Planning Act 1990.

BNG is in addition to any other biodiversity measures that may be required e.g. requirements to avoid, adequately mitigate and/or provide compensatory habitat for protected species and important habitats. Development is still expected to achieve a net gain in biodiversity under local plan policy CP21. Further information and guidance on BNG can be found on the GOV.UK website.

Every eligible planning permission for the development of land in England shall be deemed to have been granted subject to the following general biodiversity gain condition:

Development may not be begun unless -

  1. a biodiversity gain plan has been submitted to the planning authority, and
  2. the planning authority has approved the plan.

This general planning condition cannot be removed, modified or disapplied.

BNG requires the submission of a biodiversity gain plan post-permission. However, all eligible applications will need to submit information that meets the national minimum requirements.

Biodiversity net gain position statement

Which developments are exempt?

The following developments are exempt from BNG requirements:

  • Any planning applications for major developments made before 12 February 2024 or for minor developments made before 2 April 2024.
  • Householder development (extensions, outbuildings, etc.) as defined within article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
  • Schemes that meet the ‘de minimis’ rule where –
    • less than 25m2 of habitat is impacted and
    • less than 5 metres of hedgerow or watercourse is impacted and
    • only tree/s with a stem diameter of less than 7.5 cm are impacted and
    • no priority habitat is lost or degraded.
  • Section 73 applications where the original linked application was made or granted before 12 February 2024.
  • Section 73A applications where retrospective planning permission is granted.
  • Permission in principle applications – these are not within the scope of biodiversity net gain (as they are not a grant of planning permission).  However, any subsequent technical details consent (as a grant of planning permission) would be subject to the biodiversity gain condition.
  • Projects concerned with the provision of off-site BNG for other developments.
  • Development within a red line boundary of 0.2 hectares or less, unless an exception applies, for example priority habitat will be lost or degraded.
  • Wholly temporary development permitted for five years or less.

It is important to note that if there is an impact on priority habitat on-site, the exemptions for the above developments do not apply and BNG must be met.  Examples of priority habitats include species-rich hedgerows, native broadleaved woodland and traditional orchards amongst others. Further information on priority habitats can be found via Magic Maps or from the Hampshire Biodiversity Information Centre (HBIC). There may be a charge for HBIC’s services.    

Further information on BNG exemptions can be found on the GOV.UK website.

Delivering BNG

BNG can only be calculated using the statutory biodiversity metric completed by a suitably competent person. Actual BNG delivery will require specialist technical input, normally from a professional ecologist.

It is strongly recommended that specialist expertise is sought and that applicants engage in pre-application discussions with East Hampshire District Council to ensure that mandatory BNG can be delivered.

Monitoring fees for BNG agreements

The Local Planning Authority is able to secure a fee to cover costs of monitoring significant onsite BNG and offsite BNG secured by S106.