Navigating the legal landscape of Biodiversity Net Gain (BNG) can be complex for developers and land managers alike. In this article, we’re going to outline the legal agreements that are used for BNG.

At its core, a legal agreement serves as a commitment to enhance and maintain habitats, a pivotal aspect of achieving BNG objectives.

On-Site Gains

For significant on-site habitat enhancements, a legal agreement or planning condition will be used to secure this. This agreement must endure for a minimum of 30 years from the completion of the development, ensuring sustained biodiversity improvements.

Off-Site Gains

Similarly, off-site gains also require a legal agreement, ensuring that biodiversity enhancements persist for a minimum of 30 years from the conclusion of habitat enhancement activities.

Entering a Legal Agreement

Legal agreements for BNG can take two forms:

1. Section 106 Planning Obligation with the Local Planning Authority (LPA)

2. Conservation Covenant Agreement with a Responsible Body

These agreements, executed as deeds, commit parties to habitat creation, enhancement and management over the agreed-upon duration.

Responsibilities and Oversight

Land managers shoulder the responsibility for fulfilling legal agreements (this is the developer if on-site), ensuring habitat maintenance and compliance. LPAs and responsible bodies play a crucial role in monitoring agreements, ensuring adherence to terms and registering them appropriately.

Duration and Enforcement

The 30-year duration of legal agreements begins upon signing, with habitat maintenance commencing upon completion of enhancement works. Failure to uphold agreements may prompt enforcement actions by relevant authorities.

Given the complexity of legal agreements, seeking guidance from legal professionals experienced in environmental law is vital. Solicitors specialising in biodiversity conservation can provide invaluable insights and ensure compliance with regulatory frameworks. These agreements underscore the commitment to biodiversity preservation, ensuring sustainable development practices for generations to come.