Updated Guidance on Biodiversity Net Gain (BNG) Exemptions

Introduction

As of February 12, 2024, Biodiversity Net Gain (BNG) has become a statutory requirement for most developments in England. The latest government guidance, updated on August 21, 2024, outlines specific exemptions to the mandatory BNG rules. This article provides an updated overview of these exemptions to help developers, planners, and landowners navigate the evolving landscape of biodiversity regulation.

Key Exemptions from BNG Requirements

1. Existing Planning Applications

Developments with planning applications submitted before the mandatory BNG date are exempt from the new requirements. This exemption applies to projects already in the pipeline before February 12, 2024, allowing for a smoother transition period.

1. Developments Below the Threshold

Certain small-scale developments are excluded from BNG requirements. Specifically:

• Projects impacting less than 25 square meters (5m x 5m) of on-site habitat.

• Developments affecting less than 5 meters of on-site linear habitats, such as hedgerows. These thresholds recognise that minimal impacts may not warrant the full BNG compliance process.

1. Householder Applications

Projects undertaken by householders, such as home extensions, conservatories, or loft conversions, are exempt from BNG requirements. This exemption facilitates simpler processes for small-scale, personal home improvements.

1. Self-Build and Custom Build Projects

Self-build and custom-build projects are eligible for exemptions if they meet the following criteria:

• The project involves no more than 9 dwellings.

• The site area is no larger than 0.5 hectares.

• The development consists exclusively of self-build or custom housebuilding as defined by the Self-build and Custom Housebuilding Act 2015.

1. Biodiversity Gain Sites

Developments primarily aimed at fulfilling BNG requirements for another project are exempt. This includes projects focused on creating or enhancing biodiversity gain sites as part of broader BNG strategies.

1. High-Speed Rail Transport Network

Developments related to the high-speed rail transport network, including ancillary infrastructure, are exempt. This exemption supports large-scale infrastructure projects that are critical for national transport.

1. Other Exemptions

The following are also exempt under the Environment Act 2021:

• Urgent Crown developments.

• Developments permitted through a development order, including permitted development rights.

Conclusion

The updated guidance on BNG exemptions provides clarity and flexibility for various types of developments. By understanding these exemptions, stakeholders can better navigate BNG requirements and ensure compliance where necessary. For more detailed information and guidance, refer to the full government document here.

Stay updated and ensure your projects align with the latest BNG regulations - explore our articles here.