Biodiversity net gain (BNG) is a principle which aims to leave the natural environment in a measurably better state after development than beforehand.
Sections 98 to 101 and Schedule 14 to the Environment Act 2021 (EA 2021) contain the relevant provisions for BNG. EA 2021, s 98, which came into force on 12 February 2024, provides that ‘Schedule 14 makes provision for biodiversity gain to be a condition of planning permission in England’.
Paragraph 2 of Schedule 7A, Part 1 to the Town and Country Planning Act 1990 (TCPA 1990) introduces the concept of a ‘biodiversity gain objective’.
TCPA 1990, Sch 7A Pt 1, para 2(1) provides that the biodiversity gain objective is met in relation to development for which planning permission is granted if the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least 10%. ‘Onsite habitat’ is defined as ‘the habitat on the land to which the planning permission relates’.
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