Biodiversity Net Gain

If biodiversity net gain applies to a development, then development cannot commence until a biodiversity gain plan has been approved by the local planning authority (LPA).

Where the LPA refuses or fails to determine a biodiversity gain plan, the applicant can appeal to the secretary of state. The Planning Inspectorate determines appeals on behalf of the secretary of state.

How to appeal

Appeals are made through the Planning Inspectorate’s appeals casework portal¹. The relevant form should be completed, including details as to why you believe the gain plan should be approved.

Any relevant documents that will be relied upon should also be provided.

Detailed government guidance on what is required within the appeal form is available.²

Time limits for appeal

The person who submitted the biodiversity gain plan is required to appeal within 6 months of the refusal notice being given by the local planning authority.

If the appeal is based on non-determination, the appeal must be submitted within 6 months of the date that determination should have happened. This is 8 weeks from the day the plan was submitted, unless a time extension has been agreed with the local authority.

If you believe the appeal decision is legally incorrect, you can challenge the decision in the High Court, this must be done within 6 weeks from the date of decision.

1. https://acp.planninginspectorate.gov.uk/
2. https://www.gov.uk/guidance/biodiversity-gain-plan-how-to-complete-your-appeal-form