Navigating the Impact of Biodiversity Net Gain (BNG) Legislation on Development

Introduction

Biodiversity Net Gain (or BNG as it is commonly known) is an approach which developers are mandated to take when considering a new project. The aim is to encourage developers to assess the impact of the development on biodiversity and to have them suggest means for building biodiversity back into their development, resulting in a net gain of at least 10%.

Through the Town and Country Planning Act 1990 and its subsequent amendment by the Environment Act 2021 and other supplemental orders and regulations, the government has mandated that this approach be adopted in all new planning applications by all except small-scale developers from 1 January 2024. Small-scale development must comply with the regulations from 2 April 2024. B P Collins’ property team explores the impact for developers in the sector.

Will it change the planning application?