UK Focus v TALKING POINT How the UK government is legislating for a net gain in biodiversity
The implementation of the Biodiversity Net Gain (BNG) legislation on February 12, 2024, marks a signifi cant policy shift in the UK’s environmental management framework. This legislation requires new developments to deliver measurable improvements to biodiversity, ensuring habitats are enhanced post-development. This initiative, embedded within the broader Environment Act, aims to halt biodiversity decline and promote ecological restoration across England.
BNG mandates that developers quantitatively assess the biodiversity value of their proposed development sites. This assessment ensures that post-development biodiversity is greater than the pre-development state. Developers can achieve this through on-site biodiversity enhancements or, where on-site enhancements are impractical, by purchasing off -site biodiversity credits.
The BNG Service, operational from the legislation’s inception, includes several key components to facilitate compliance. First, there’s a biodiversity gain register, managed by Natural England, which publicly lists sites designated for off -site biodiversity gains. It allows landowners to register enhanced habitats, developers to identify potential sites for biodiversity credits, and planning authorities to track biodiversity initiatives. Secondly, landowners or developers can submit habitat enhancement records through a downloadable PDF application, integrating these enhancements
into the Gain Site Register. Then, there’s a statutory biodiversity credits estimator, a digital tool for developers to estimate the fi nancial cost of acquiring biodiversity credits, aiding in budget planning and compliance cost management. There’s a sales scheme, too, which enables developers to purchase required biodiversity credits to off set their developments’ impacts. It is initially accessible via PDF application but will be transitioning to a fully digital platform very soon. Finally, there’s an Excel-based tool that calculates the biodiversity value of habitats. It guides developers and ecologists in assessing and quantifying habitat values, ensuring accurate reporting and compliance.
Monitoring will be absolutely integral. The development of the BNG Service involved extensive stakeholder engagement, including over 580 participants from local planning authorities, developers, landowners, and ecological consultants. Through over 275 hours of user research spanning 26 months, Natural England ensured the service meets the diverse needs of its users, facilitating practical and effi cient compliance with the legislation.
BNG legislation has substantial implications for various stakeholders. Developers are required to integrate biodiversity enhancement measures into development plans. The provided statutory tools assist in estimating and managing biodiversity credits. Landowners can enhance their land’s biodiversity value
and register these enhancements on the Gain Site Register, potentially benefi ting from selling biodiversity credits. Local Planning Authorities are responsible for ensuring development projects comply with BNG requirements. The provided tools and registers enable eff ective monitoring and verifi cation of biodiversity plans.
Natural England off ers support through dedicated teams and an assisted digital service to aid those with limited online access. While some parts of the service are currently digital, ongoing updates and transitions to digital platforms are planned, ensuring continuous improvement based on user feedback. The organisation actively encourages feedback from all stakeholders to refi ne and improve the BNG Service continually. This feedback mechanism is crucial for adapting the service to evolving user needs and enhancing its eff ectiveness.
The BNG legislation represents a crucial advancement in the UK’s environmental policy, prioritizing biodiversity enhancement in development projects. By mandating measurable biodiversity improvements, this legislation aims to create a more sustainable and resilient natural environment, aligning with the UK’s broader environmental objectives.
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