Amendments to the BNG regime: Amendments to the BNG regime have come into force for all new applications from 6 August 2026. These pages will be updated in due course. See up to date information via the government website www.gov.uk/guidance/biodiversity-net-gain (opens in new tab)
Biodiversity net gain became mandatory for major and non-major development made under under the Town and Country Planning Act (TCPA) 1990, subject to the exemptions or transitional provisions set out below.
Eligible developments must meet the mandatory requirement of a minimum 10% biodiversity net gain over the pre-development biodiversity value of the site.
Validation
Minimum information requirements for BNG are set out in Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (opens in new tab). Without this information, your application will not be validated.
The minimum information requirements are primarily provided through the planning application form and we have 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
The exemptions from mandatory biodiversity net gain, as amended, are set out in the following:
- paragraph 17 of Schedule 7A of the Town and Country Planning Act 1990 (opens in new tab)
- the Biodiversity Gain Requirements (Exemptions) Regulations [2024] (opens in new tab); and
- the Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 (opens in new tab)
For full details see the following guidance:
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