BNG and your planning application
Under the Environment Act 2021 and supporting Statutory Instruments, Biodiversity Net Gain (BNG) is mandatory for most development. Eligible developments must meet the mandatory requirement of a minimum 10% biodiversity net gain over the pre-development biodiversity value of the site. This can be achieved either on-site, off-site or with a combination of both.
Validation
Minimum information requirements for BNG are set out in Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015. Without this information, your application will not be validated.
The minimum information requirements are primarily provided through the planning application form and DDC has prepared guidance to support applicants.
Applicants are encouraged to submit as much information on their post-development BNG proposals as possible with their application. This will support consideration of whether the mandatory minimum 10% BNG is achievable, provide understanding of how the BNG is expected to be delivered (on-site / off-site) and how it will need to be secured, and to meet Local Plan Policy NE1 requirements.
Exemptions
Certain applications are exempt from mandatory BNG (the Biodiversity Gain Requirements (Exemptions) Regulations 2024). This includes:
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Applications for development that does not impact a priority habitat and impacts less than 25m2 (e.g. 5m by 5m) of habitat, or 5 metres of linear habitats (hedgerow, line of trees, watercourse).
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Self-build and custom build applications which meet the exemption criteria (no more than 9 dwellings, site no larger than 0.5ha, consists exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
For full details see the Statutory Instrument the Biodiversity Gain Requirements (Exemptions) Regulations 2024 and Planning Practice Guidance Biodiversity net gain: exempt developments - GOV.UK