Summary
Background
BNG became mandatory for major applications on 12th February 2024, and minor applications from 2nd April 2024. It offers a key opportunity to deliver habitat creation and enhancement to achieve local biodiversity and environmental targets. Project developers should aim to capitalize on this funding as much as possible
By definition, BNG is 'an approach to development that leaves the natural environment in a measurably better state than before’.
Eligible developments are now required to provide 10% BNG on site, and where this is not possible it will need to be provided offsite, or as a last resort can be provided via purchase of national biodiversity credits from the government.
Net gain means that any habitat lost during a development will need to be replaced by a similar, or higher quality, habitat with a measurable 10% uplift. There are some exemptions, and several rules and stipulations, see the UK Government's suite of guidance Biodiversity net gain - GOV.UK (www.gov.uk).
Biodiversity Net Gain is measured using the BNG Metric, see the BNG Metric User Manual.
BNG in the LCR
A BNG needs assessment formed part of the NEIRF project, focusing on Local Plan allocated sites within a 5km radius of the three NIA (project sites). This zone covered approximately half of the total area of the LCR. The figure, right, indicates the demand in this zone, and it is likely that the demand from the whole region will be significantly larger.
Steps to take if thinking about developing a BNG project to sell Biodiversity Units
- Consult the considerable amount of guidance available from Government Website
- Identify likely need for units and the available land or project partners
- Consult a reliable (preferably local) Responsible Authority regarding legal agreements, consult your LPA and other stakeholders
- Follow the steps in the simplified process (left).
- Look through the rest of the 'Sellers Guide' for more tips and advice on selling ecosystem services.
Registering your BNG habitat bank site
Ecologist survey site - produce report, condition assessments, and maps, complete the BNG metric (offsite baseline tabs)
Plan the project - produce a report/plan, maps, habitat management and monitoring plan, and the BNG metric (offsite post-development tabs)
Share with LPA and/or Responsible Body and work with them on writing a legal agreement to secure the BNG project and the proposed habitats for at least 30 years.
Agree the legal and monitoring fees with the Responsible Authority, sign the legal agreement.
Submit site to the BNG National Register, this may be done by a agent on behalf of the landowner but this requires a written authorisation.
There is currently a fee of £639 and an approximate processing time of 6 weeks.
There is an option to register and allocate at the same time, or unit allocations can be registered after the initial registration. Each time units are allocated, a metric with the provisioning project data in the offsite tabs, and the development (buyer) data in the onsite tabs is to be submitted to prevent double counting.
What do you need to register?
- Proof of land ownership
- Image of site boundary
- Grid reference
- Statutory BNG metric (complete offsite tabs)
- Legal agreement and associated files (including HMMP or Scheme of work)
- Evidence of land charge register search
- Any other pertinent informaiton
BNG Habitat Banks
Habitat banks or projects providing offsite units for BNG must:
- Have conduced a baseline survey and completed a BNG metric, having a baseline report and plans for the project. This includes a habitat monitoring and management plan (HMMP) to cover the mandatory 30 years (or longer).
- Sign a legal agreement to secure the habitat enhancements for 30 years (either a Conservation Covenant with a Responsible Body, or Section 106 agreement with the LPA)
- Obtain local land charge certificate
- Register on the national ‘Biodiversity Net Gain Register’
- When units are sold, there should be a formal purchase agreement, then the units must be allocated to the buying development on the site register.
Consider how to advertise the habitat bank, there are already several trading platforms and this is likely to increase once BNG becomes mandatory. Habitat Banks in the LCR and West Lancashire may be displayed on the Habitat Bank Register on this site, however units cannot be traded here yet.