In a recent update, the government confirmed a delay to the implementation of new regulations mandating developments to contribute to a net improvement in the local environment. Initially scheduled to be effective in November 2023, the revised timeline now places a statutory obligation on developers to enhance habitats for wildlife, ensuring a Biodiversity Net Gain (BNG) of at least 10%.

SUSTAINABILITY

As with various green policy changes emerging from the government, the postponement of these regulations triggered a mixed response within the industry. Despite the delay pushing the implementation to February 12, 2024, the imperative for transformation remains imminent.

Biodiversity Net Gain Rules

The forthcoming rules will be accompanied by a statutory metric for calculating BNG, along with guidance for landowners, developers, and local planning authorities on their respective roles and responsibilities. The government cited the delay as necessary "to ensure that developers and planning authorities have access to the necessary tools and information" for effective BNG implementation, promoting harmony between new developments, wildlife, and people.

Biodiversity Net Gain What does it mean

For developers, this implies actively avoiding habitat loss or substituting habitat on highly developable land. Ideally, habitats should be retained, enhanced, or re-provided on-site within less development-friendly areas. If on-site solutions are unfeasible, an off-site option will be required. In cases where this is not possible, a 'last resort' option allows the purchase of statutory credits from the government to invest in habitat creation elsewhere in England, requiring justifiable evidence.

BNG Habitat

The term 'biodiversity' underscores the quality-centric approach necessary for every built environment scheme. BNG goes beyond merely expanding physical habitat size; it involves enhancing habitats to ensure optimal biodiversity.

BNG Off Site 

The primary challenge lies in site limitations, especially when striving for a 10% gain on spatially restricted sites. Certain sites may face limitations due to contamination risks, such as petrol stations. While the option to create and enhance habitat elsewhere exists, developers should be mindful that the farther from the original site, the lower the score's value.

BNG Maintenance 

Post-implementation, design and management plans will need to integrate more ecological considerations into planning, emphasizing evidence ranging from funding to physical maintenance responsibilities. The Environment Act 2021 mandates habitat enhancement maintenance for at least 30 years post-development completion, with some cases requiring management 'in perpetuity.'

BNG Public Perception 

Public perception poses another challenge, with a potential shift from manicured landscapes to intentional biodiversity-friendly designs. Communicating the intentional nature of wild areas through interpretative signage can bridge the gap between expectations and environmental benefits.

This transition presents an opportunity to redefine biodiversity measures from luxuries to essential components of projects. The legal framework positions biodiversity as a fundamental element in shaping sustainable, resilient ecosystems within built environments.

Educational opportunities arise as the public learns about intentional landscape choices, such as less frequent mowing to promote diverse plant growth. Large spaces like parks can showcase deliberate choices by incorporating wild areas alongside manicured ones, fostering biodiversity and public understanding simultaneously.

BNG Challenges

The BNG changes may initially pose challenges, requiring a shift in development approaches. Organizations not adhering to BNG requirements may face plan rejections, emphasizing the importance of specialists to guide proper implementation.

BNG Offsite Solutions

Developers may explore offsite solutions, especially in cases where on-site options are limited. Achieving the 10% BNG will become a standard requirement for all developers in the near future, emphasizing the need to adapt to the impending changes. The proverbial train is approaching the station, urging stakeholders to get on board.

Landcycle has a comprehensive ecology mapping layer to assist with BNG investigations