Biodiversity

Copyright © 2025 LexisNexis

Biodiversity net gain in England

What is biodiversity net gain?

Biodiversity net gain (BNG) is a principle which aims to leave the natural environment in a measurably better state after development than beforehand.

Mandatory planning requirement for biodiversity net gain in the Environment Act 2021

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’.

The biodiversity gain objective is to be treated as having been met in relation to development for which planning permission is granted if:

  1. •

    the biodiversity value attributable to the development

  2. •

    exceeds by at least 10%

  3. •

    the pre-development biodiversity value of the onsite habitat. ‘Onsite habitat’ is defined as ‘the habitat on the land to which the planning permission relates’

For

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Planning News

Defra publishes response to consultation on Marine Recovery Fund

The Department for Environment, Food and Rural Affairs (Defra) has published the response to its March 2025 consultation on establishing the Marine Recovery Fund (MRF). Defra has welcomed suggestions to enhance the fund’s effectiveness and will continue drafting secondary legislation under section 292 of the Energy Act 2023 (EnA 2023) to establish the MRF. Guidance will be published alongside the MRF’s launch to clarify application processes and cost transparency. Defra also intends to provide legal certainty regarding the transfer of liability for compensation through the contract between the Marine Recovery Fund Operator and the applicant. The MRF will apply exclusively to offshore wind development activities. In response to calls for the activation of broader measures, the MRF will provide access to measures in the List of Standard Compensatory Measures (LoSCM). The scope of available measures in the LoSCM will depend on the outcome of Defra’s July 2025 consultation on environmental compensatory measures reform. Defra will also publish further information on how the MRF will coordinate with the Scottish MRF and how it differs from the Nature Restoration Fund.

EA launches consultation on updates to water resources planning guideline

The Environment Agency (EA) has launched a consultation on proposed updates to the water resources planning guideline (WRPG), which outlines the expectations for water companies in preparing statutory water resources management plans. The guideline is revised every five years, ahead of water companies drafting their management plans.  The consultation seeks views on whether the updated guideline enables companies to produce plans with secure and resilient water supplies that protect the environment. The EA has also published the Environmental Destination for Water Resources Planning Guidance as a related document for comment. The final version of the WRPG is expected in spring 2026. Draft water resources management plans will be subject to consultation in 2028, with final plans expected to be published over winter 2028/29. The consultation closes on 5 December 2025.

MHCLG publishes letter to PINS on exercising flexibility in local plan examinations

The Ministry of Housing, Communities and Local Government (MHCLG) has published a letter from the Minister of State for Housing and Planning, Matthew Pennycook MP, to the Chief Executive of the Planning Inspectorate (PINS), Paul Morrison. The letter outlines the government's expectations for exercising flexibility in the examination of local plans submitted under the current plan-making system. Inspectors are instructed to apply an appropriate degree of flexibility during these examinations. Pennycook further notes that the level of evidence required to determine whether the legal and soundness tests have been met—including compliance with the Duty to Co-operate—should be proportionate to the context in which plans under the existing system are being prepared. The letter also revokes a March 2014 letter from former Minister Nick Boles, thereby allowing PINS to recommend Green Belt reviews during examinations where necessary to identify additional development sites. MHCLG has confirmed that new regulations and guidance for the reformed local plan development model—intended to enable shorter plans to be produced more quickly—will be published later in 2025.

Planning weekly highlights—9 October 2025

This week’s edition of Planning weekly highlights includes: analysis of the Court of Appeal’s decision quashing an injunction preventing the use of an Epping hotel for asylum seekers; a court decision clarifying the position on ambiguity in prior approvals; a court decision quashing planning permission over failure to consider an expert report; and a policy statement on hydrogen infrastructure strategic planning.

View Planning by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid