Are you exempt from BNG?
With Biodiversity Net Gain (BNG) now mandated (as of February 12th, 2024), it’s imperative to understand the exemptions that exist within this regulatory framework.
While BNG represents a significant step forward in sustainable development and environmental protection, exemptions are in place to accommodate specific circumstances. In this blog post, we’ll explore the various exemptions outlined by the Department for Environment, Food & Rural Affairs (DEFRA), shedding light in who and what is exempt from BNG requirements.
1. Existing Planning Applications
If a planning application for a development’s planning permission was submitted before the onset of mandatory BNG (12th February 2024), the development is exempt from BNG regulations. This exemption recognises the projects that were in progress before the implementation of BNG, offering them a transition period.
2. Variations of Planning Permission
Transitional arrangements also apply to variations of existing planning permission. Developers seeking variations to existing permissions can benefit from exemptions, ensuring continuity in their projects. Detailed information on these arrangements can be found in the planning practice guidance.
3. Developments below the Threshold
A development that does not impact a priority habitat and impacts less than:
25 square metres (5m x 5m) of on-site habitat
5 metres of on-site linear habitats such as hedgerows
A development impacts a habitat if it decreases the biodiversity value.
4. Householder Applications
Applications made by householders, including projects such as home extensions, conservatories, or loft conversions, are exempt from BNG regulations. This exemption recognises the scale and nature of household projects, acknowledging their minimal impact on biodiversity.
5. Self-Build and Custom Build Applications
Exemptions apply to self-build and custom build developments meeting specific criteria, including limitations on the number of dwellings and site area. This exemption encourages individualised housing projects while ensuring compliance with BNG objectives.
6. Biodiversity Gain Site
Developments undertaken primarily to fulfil BNG planning conditions for another project are exempt from BNG regulations. This exemption streamlines the process for the projects directly contributing to biodiversity gains.
7. High-Speed Rail Transport Network
Developments forming part of or ancillary to the high-speed railway transport network are exempt from BNG requirements. This exemption acknowledges the strategic importance of transportation infrastructure projects.
8. Other exemptions
The following are exempt by the Environment Act 2021:
Urgent crown developments
Developments that are granted planning permission by a development order (including permitted development rights)
BNG represents a significant milestone in environmental conservation efforts, but exemptions play a crucial role in ensuring flexibility and feasibility for certain projects. As developers, planners, and stakeholders navigate the complexities of BNG compliance, understanding these exemptions is essential.
Do you need assistance navigating BNG requirements? Contact us today for expert guidance and support.
