Biodiversity net gain consultation – read our response

07 April 2022

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By late 2023, new legislation under the Environment Act will mean that building projects in England will need to be delivered in a way that helps to reduce and restore any biodiversity loss during the building phase, and deliver a 10% minimum boost to the area’s biodiversity. Find out more.

Defra's Consultation on Biodiversity Net Gain Regulations and Implementation set out its proposals on how biodiversity net gain will be applied to Town and Country Planning Act development, and, at a higher level, Nationally Significant Infrastructure Projects.

The consultation closed on 5 April 2022.

The consultation questions were split into three parts, covering several themes:

  1. Defining the scope of Biodiversity Net Gain requirement for Town and County Planning Act 1990 development
  2. Applying the biodiversity gain objective to different types of development
  3. How the mandatory biodiversity net gain requirement will work for Town and Country Planning Act 1990 development

NFU response

We submitted a full response to the consultation. You can read it here: NFU Consultation Response Biodiversity Net Gain (BNG) Regulation and Implementation

To help provide an overview of the consultation and the things that will be of relevance to you, we also put together a briefing document for members that explains our position in relation to some of the key consultation questions. You can download this document and read a sample of our responses to the key questions contained in the consultation below.

What is Biodiversity Net Gain?

Biodiversity Net Gain (BNG) is an approach to development which means that habitats for wildlife must be left in a measurably better state than they were in before the development. Mandatory BNG will be delivered through the Environment Act and supplementary regulations and will become a requirement two years after Royal Assent of the Environment Act. This means that by late 2023 developments in England will have to be delivered in a way which helps to reduce and restore any biodiversity loss during the building phase, and crucially deliver a 10% minimum boost to the area’s biodiversity.

Defra consulted on the practical and legal implementation details of the secondary legislation and policy that underpins the BNG Framework outlined in the Environment Act. In other words, how BNG will be delivered.

You can read more about this at the Gov.uk website: Protecting and enhancing the environment to be at the heart of new housing and infrastructure developments

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