Weekly planning news
Planning news - 13 February 2024
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Only 13% of Government’s Estimated BNG Habitats Delivered
When Biodiversity Net Gain (BNG) policy was introduced, the government estimated it would deliver a notable increase in habitat creation. However, new research by Wildlife and Countryside Link1 has revealed that only under 13% of that original government has been met, a year after the policy’s launch.
The study, which was facilitated by freedom of information requests to 317 local authorities alongside analysis of the BNG register, found that just 680 hectares of off-site land has been ‘secured for habitat creation’, dramatically missing initial government aims:
‘Just 680 hectares of land offsite and 93 ha on-site has been reported by Local Authorities under the BNG scheme, since the policy's introduction. This is just a fraction (less than 13%) of the 5,428 hectares of habitat Defra estimated2 was likely to be generated annually by BNG and is less than half the minimum amount of habitat expected to be delivered per year.’
This research follows Biodiversity Net Gain: The Story So Far, a report by Planning Portal, which uncovered a surprising trend: 75% of planning applications submitted in 2024 that would typically be required to comply with BNG have instead claimed exemptions.
Recent coverage of the Wildlife and Countryside Link’s research in Planning Resource3 highlighted reflections from representatives of the RSPB and other environmental groups on the challenges facing the scheme.:
‘Beccy Speight, RSPB chief executive, said: “BNG was meant to help restore nature but with ambition set so low from the very start there was little hope of it delivering for nature or communities. One year on, it’s clear this scheme is a huge missed opportunity that’s currently failing on all counts.”
In response to these findings, and the claims that BNG is ‘failing on all counts’, DEFRA told ENDS Report4 that the number of offsite biodiversity units ‘does not necessarily signify’ a failure of the policy.
For a detailed analysis of Biodiversity Net Gain’s first year—including exclusive insights into planning applications, the unexpectedly high use of BNG exemptions, and expert commentary—read Biodiversity Net Gain: The Story So Far5.
Government Reportedly Questioning Biodiversity Net Gain Policy
ENDS Report6 has suggested that the feasibility of Biodiversity Net Gain (BNG) is being called into question by government. This follows a wave of industry analysis over the past week, scrutinising the policy’s uptake and application a year on from its launch.
Leading this discussion is Biodiversity Net Gain: The Story So Far7, a report from Planning Portal and TerraQuest, which reveals that throughout 2024, an average of 75% of planning applications expected to comply with BNG have instead claimed exemptions— a figure many argue is significantly higher than anticipated.
The ENDS Report article suggests that the government’s announcement of an upcoming Nature Restoration Fund could reduce the need for BNG. Under proposals published in December, developers would make a one-off payment into the fund, allowing arm’s-length government bodies to deliver large-scale nature recovery plans.
According to ENDS Report, “Number 10 has been calling details of the policy into question over the last week, with some in government asking whether it is needed if a Nature Restoration Fund is set to be created.”
For more on this, visit ENDS Report.8
For an in-depth look at BNG’s first year—including insights from planning applications, the unexpectedly high use of exemptions, and expert commentary—read Biodiversity Net Gain: The Story So Far.9
MHCLG Updates NPPF Wording on Green Belt Development
The Ministry of Housing, Communities and Local Government (MHCLG) has amended the National Planning Policy Framework (NPPF) to clarify a key passage on "inappropriate" green belt development and correct outdated footnote references.
The changes, made on 7 February, update two footnotes linked to paragraph 11(d), which sets out the "presumption in favour of sustainable development." This provision can override local housing supply policies if deemed out of date. Amendments were also made to paragraph 155, which outlines when green belt development is considered appropriate.
Footnote Adjustments
Footnote 7, which relates to paragraph 11(d)(i), previously referenced "habitat sites (and those sites listed in paragraph 189)," but now cites "paragraph 194." This aligns with the NPPF’s definitions of areas granted the same protection as habitat sites, including Special Protection Areas, Special Areas of Conservation, and Ramsar sites.
Similarly, footnote 8 now references "paragraph 232" instead of "paragraph 227." Footnote 8 clarifies which policies are considered "most important for determining the application" and when they should be regarded as out of date, thereby triggering the NPPF’s presumption in favour of development. Paragraph 232 confirms that existing policies should not automatically be deemed out of date just because they were adopted before the latest NPPF was published.
Green Belt Development Wording Clarified
A minor but significant adjustment has also been made to paragraph 155. Previously, the opening sentence stated: “The development of homes, commercial and other development in the Green Belt should also not be regarded as inappropriate where,” followed by a list of four criteria. The updated version now ends with "all the following apply," making it explicit that all listed conditions must be met for development to be considered appropriate.
- https://wcl.org.uk/biodiversity-net-gain-one-year-on.asp
- https://assets.publishing.service.gov.uk/media/5da5d695ed915d17b4f13f63/net-gain-ia.pdf
- https://www.planningresource.co.uk/article/1906042/new-biodiversity-net-gain-habitats-amount-just-13-government-estimate-according-green-coalitions-research
- https://www.endsreport.com/article/1905327/defra-hits-back-findings-biodiversity-net-gain-failing-counts
- https://www.terraquest.co.uk/news-and-insights/biodiversity-net-gain-the-story-so-far
- https://www.endsreport.com/article/1905854/bng-no-10-raising-questions-flagship-nature-policy-growth-push-sources
- https://www.terraquest.co.uk/news-and-insights/biodiversity-net-gain-the-story-so-far
- https://www.endsreport.com/article/1905854/bng-no-10-raising-questions-flagship-nature-policy-growth-push-sources
- https://www.terraquest.co.uk/news-and-insights/biodiversity-net-gain-the-story-so-far