When will 10% Biodiversity Net Gain Be Required In 2024?
The Environment Act 2021 requires all new development (with some exemptions) to deliver a 10% Biodiversity Net Gain (BNG). It is not yet in force, and the government have not yet released an exact date for the commencement of the mandatory BNG requirement for planning applications. Given the far-reaching consequences of the legislation for developers and their agents, we are frequently asked, when will 10% BNG for development be required?
On November 29th 2023, Government released the much awaited statutory biodiversity metric, a collection of BNG guidance (including guidance for developers), and the BNG secondary legislation. These are all in draft format until the ‘go live’ date for mandatory BNG, the timing of which now rests on the passing of the secondary legislation.
What Is Secondary Legislation?
Secondary legislation in effect, fills in the gaps of the primary legislation (The Environment Act 2021), and enables the new BNG laws to be enforced and operate. The relevant secondary legislation documents in this instance are ‘Statutory Instruments’. It is the ‘going live’ of all the BNG Statutory Instruments together which will be required for ‘day 1’ of the mandatory 10% BNG law to begin.
There are a total of six draft BNG Statutory Instruments (SIs). These are:
- The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2023
- The Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2023
- The Biodiversity Gain Site Register Regulations 2023
- The Biodiversity Gain Requirements (Exemptions) Regulations 2023
- The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2023
- The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024
Estimated Timeline For Mandatory 10% BNG
The first two SIs have been ‘laid’ before the House of commons and House of Lords on the 30th November 2023, and are scheduled for debate on the 8th January 2024 (House of Commons) and 10th January 2024 (House of Lords). Their progress can be tracked on the UK Parliament website. The first two of the statutory instruments need to be approved by parliament before the remaining four can be laid and a firm date for the commencement of BNG issued by Government.
There is a traditional 21 days between the laying, making and coming into force of SIs, and it can therefore be estimated that the ‘go live’ date for mandatory biodiversity net gain could be on or around the end of January/ early February 2024 at the earliest. Based on the most up to date information available, the expected time frame for mandatory 10% BNG in development is:
- End of January 2024/ early February (estimated) for major development under the Town and Country Planning Act (TCPA)
- April 2024 for small sites
- November 2025 for Nationally Significant Infrastructure Projects (NSIPS)
What Does This Mean For A Planning Application Submitted Now?
It is important to remember that 10% mandatory Biodiversity Net Gain only applies to planning permissions granted in respect to an application made after the ‘go live’ date (estimated to be late January). Permissions granted for applications made before this date are not subject to the BNG requirement, unless:
- The applicable local planning policy requires BNG
- The LPA require a measurable BNG under the existing NPPF (this does not need to be 10%)
Need Advice?
Do you have a Biodiversity Net Gain query, or development subject to BNG? Elton Ecology are experienced in delivering Biodiversity Net Gain for development projects nationally, including major residential and commercial development.
Get in touch with us at hello@elton-ecology.co.uk with any BNG related enquiries.