A Practical Guide to Biodiversity Net Gain

A practical guide to a complex regime focussed on the decision-making procedure under the overall biodiversity net gain regime. This book places the relevant Acts of Parliament, Regulations, Orders, provisions within the NPPF, DEFRA-issued guidance, and PPG in one place so decision makers and those submitting applications for development that is subject to the biodiversity gain regime can see, in one place, what the requirements are and how to satisfy them.

Unexpected aspects of the biodiversity net gain regime are highlighted to avoid unwelcome surprises down the road. Where there are gaps or inconsistencies between the various aspects of the biodiversity net gain regime, this book addresses those and provides a practical way forward to resolve inconsistencies and fill in legislative and policy gaps. The source of obligations is also identified in each case, to ensure readers know whether the provision is required as a matter of law, policy or guidance.

CONTENTS

1 - Introduction

2 - Exemptions

3 - The Statutory Metric

4 - The Biodiversity Gain Condition(s) and Biodiversity Gain Plan

5 - Irreplaceable Habitats

6 - Planning Authority Governance

7 - Special Cases: Section 73, 62A, Phased, and Minerals Permissions

8 - Legal Agreements

9 - Offsite BNG

10 - Statutory Credits

11 - Stacking and Selling

12 - Nationally Significant Infrastructure Projects

Appendix A - Biodiversity Gain Plan Template

Appendix B - Suggested Text for Biodiversity Gain Information on the Written Decision Notice