Apply for planning permission

What is biodiversity net gain?

Biodiversity net gain is a new requirement to deliver biodiversity enhancements linked to development proposals. It has been introduced in legislation – the Environment Act 2021 - to counter the loss of wildlife habitats across England and provide increased amounts of biodiversity.

For qualifying development proposals from February 12 2024 onwards it is unlawful to issue a planning approval for any scheme that does not secure 10% biodiversity net gain, with 30-year management and monitoring.

How is biodiversity net gain assessed?

It will apply to development proposals of a specified type and scale. Where proposals meet these criteria, applications for planning permission will need to show the level of biodiversity habitat at the date of submission and how the scheme will provide the 10% uplift.

The requirement to provide for biodiversity net gain (or not if exempt) does not exclude the need to protect existing nature conservation habitats or enhance these under separate local or national planning policies.

Qualifying sites

Not all development proposals requiring planning permission have to provide for biodiversity net gain. The following schemes however do:

Large sites/major development

• erection of 10 or more dwellings or housing development on a site 0.5 hectare or more

• erection of a building or buildings where the floor space to be created is 1,000 m2 or more

• development on a site 1 hectare or more

• minerals and waste development

Small sites/minor development

Residential developments with 1-9 dwellings on a site measuring less than one hectare

• non-residential sites with floor space created less than 1,000 square meters or site area less than one hectare

• sites/development proposals that are exempt from meeting BNG requirements

These include:

• biodiversity net gain sites, developments undertaken for the purpose of fulfilling the biodiversity net gain planning condition for another development

• householder applications

• self-build and custom build application for fewer than 10 houses on a site no larger than 0.5 hectare

• HS2 applications, Crown development, Development Consent Orders

• temporary use of which any habitat lost will be fully reinstated within two years of impact

Statutory biodiversity metric

Biodiversity net gain is calculated using a statutory biodiversity metric. It measures the biodiversity value of habitats to assign a numerical value, measured in 'biodiversity units'.

The metric is used to calculate how a development might change the biodiversity value of a site. It can help developers design, plan and make land management decisions that better support biodiversity. The metric considers:

• habitat size

• habitat quality

• habitat location

• habitat type

Details of the statutory biodiversity metric can be found on the Gov.UK website.

When using the metric to determine the biodiversity net gain position on an application, this should be undertaken by a competent person. Competent person is defined in the statutory metric guidance.

Provision of biodiversity net gain

Where possible, biodiversity net gain should be provided for wholly within the boundary of the site requiring planning permission and follow the principles of the mitigation hierarchy set out in national guidance where biodiversity impact is an issue.

The hierarchy seeks to first avoid harm to biodiversity, minimise impact if this is not avoidable and then compensate off-site if this is necessary.

Only as a last resort, and if compensating for losses on-site is not possible, then biodiversity losses should be offset by gains off-site.

There are 3 potential routes to meeting off-site provision of biodiversity net gain where on-site delivery is not possible:

• developers can create or enhance habitats using off-site land in their own control. The land must be secured with a legal agreement, recorded on the government’s biodiversity net gain sites register and specifically allocated to the development, and the habitat(s) must be maintained over 30 years

• developers can buy credits ('commercial units') from a third party off-site biodiversity net gain provider, who will undertake the habitat creation or enhancement work themselves and provide the necessary units for 30 years

• developers can purchase statutory credits from the Government who will fund third parties to undertake the work and provide the necessary units for 30 years. This is however very much intended as a last resort

We are keen to see on-site biodiversity net gain and will only consider off-site provision where it is clearly evidenced that provision would be technically impossible and would create harm which could not be mitigated.

Where off-site provision is deemed acceptable, we would encourage developers to create new habitats within the borough of Newcastle-under-Lyme and having regard to the nature recovery mapping for the area.

Submitting your planning application

Biodiversity net gain considerations should be taken into account and addressed at the start of developing plans and proposals and continue throughout the process leading up to submission of an application for planning permission.

When submitting an application it is important that all supporting information relating to biodiversity net gain is provided otherwise the application will not be validated. The information should include the following:

• a statement as to whether the applicant believes that planning permission is subject to the biodiversity net gain requirement

• the pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date), including the completed statutory metric calculation

• a description of any irreplaceable habitat (as set out in the regulations) on the land to which the application relates

• a plan showing onsite habitat existing on the date of application (or and earlier date), including any irreplaceable habitat.  This should also take into account any degradation on site which has taken place prior to the application being submitted and which would impact on the baseline biodiversity metric

• a plan showing the enhanced on-site biodiversity provision or proposals and explanation as to why off-site provision is required to meet the biodiversity net gain obligation and inclusion of the statutory biodiversity metric showing the 10% biodiversity net gain uplift

Appraising your application

We will consult with the Staffordshire Wildlife Trust on applications submitted to it where biodiversity net gain applies.

Staffordshire Wildlife Trust will then verify the information submitted with the application including checking the statutory metric and advise us as to whether the proposals for biodiversity net gain are compliant with legislation and guidance.

We, in determining an application, will also have regard to the Staffordshire nature recovery strategy.

How will biodiversity net gain be secured?

Where planning permission is granted for a development proposal, and this includes biodiversity net gain within the application site, a Section 106 planning obligation will be required to be entered into. 

This will provide for a minimum 30 year period for the biodiversity net gain to be created and maintained post development taking place.

Where biodiversity net gain is being provided in part of wholly outside a site granted planning permission then this will also be subject to a S106 planning obligation or conservation covenant if a third party provider (responsible body) is involved.