DEFRA to reportedly consider Biodiversity Net Gain (BNG) Policy reviews

On 24 October, Planning Resource published an article¹ claiming that the Department of Environment, Food and Rural Affairs (DEFRA) are ‘exploring’ making Biodiversity Net Gain policy statutory for retrospective planning applications. 

From the article ‘On this front, the government is looking to act. DEFRA says that it and the Ministry of Housing, Communities and Local Government (MHCLG) will explore bringing in a statutory BNG requirement for retrospective permissions as part of a second phase of implementation. DEFRA says this second phase will also look at extending BNG to other routes to permission, which are not currently covered, including local development orders.’ 

This constitutes the latest in a dynamic dialogue around the ambitious environmental Biodiversity Net Gain policy introduced at the start of this year and extended to small sites in April.  

Planning Portal are committed to supporting sustainable initiatives across the built environment. Our own research², combined with that of the wider industry³, so far shows that BNG policy is not currently generating the expected volume of compliant applications.  

Prior to the policy’s launch and during its early stages there was widespread concerns around the industry’s readiness for BNG – due to limited ecologist resources at local authorities, what was seen as potentially insufficient offset units and concerns round the additional financial burdens for small developers. Earlier this year⁴ we highlighted findings from the National Audit Office that BNG implementation was struggling.  

It’s fair to say that the most recent concerns around BNG centre less on the practical implications of the policy, and more on its apparently stark lack of adoption. As highlighted in the Planning Resource piece⁵, there seems to be some surprise around the lack of compliant applications seen since the policy’s inception – with figures cited in the article being shockingly low.  

There seems to be a consensus that the shortage of compliant applications stems from applicants incorrectly selecting exemptions or using ‘retrospective’ applications to bypass BNG requirements. This high and inaccurate use of exemptions is something our own stats revealed, and in response, Planning Portal joined an open letter urging the government to reassess BNG exemptions back in September⁶. Recently, we also updated question logic on our application platform⁷ to improve clarity around the most used exemptions to help ensure correct selection and substantiation. 

Planning Portal are committed to enabling stakeholders across the built environment to make environmentally friendly choices and are keen to do all we can to support sustainability initiatives including Biodiversity Net Gain. You can visit our site for extensive guidance on Biodiversity Net Gain – provided in conjunction with our BNG partners Joe’s Blooms and Environment Bank. We will continue to monitor the use of Biodiversity Net Gain exemptions, the submission of compliant applications and the implications of BNG policy via the use of our online platform.  

You can read the full Planning Resource article referenced here⁸, which also includes a handy list of notable recent decisions affected by BNG policy.  

Operational standards rules data returns released by HSE

Following last year’s introduction of the building safety regulator, the registration of building control approvers and a comprehensively updated building control system, the Health and Safety Executive (HSE) published their operational standards rules (OSRs)⁹. 

On July 7, HSE released a set of codes and standards which building control bodies, both public and private, are required to follow. If building control bodies fail to adhere to the OSRs they will be liable to action from the regulatory authority. 

The OSRs are split into four categories, each focusing on a different area of a building control bodies functions. These categories are: 

• Systems and controls 
• Persons involved in the delivery of building control functions 
• Building control functions 
• Enforcement and intervention. 

HSE released the return sheets used to monitor registered building control approver and local authority performance in accordance with the OSRs.  Registered building control approvers in England and Wales, as well as local authorities in England, are required to submit these sheets quarterly and annually. 

 The reporting data includes information on certificates and notices issued, completed consultations and reports, and issues identified in the building process by relevant bodies.Visit the government website to access the OSR data returns.¹⁰ 

RTPI Proposes Route Map to Help Local Authorities Navigate Housing Targets

The Royal Town Planning Institute (RTPI) has introduced a proposal for a “route map” to help local authorities better understand and meet housing targets amidst new national planning policies. The RTPI’s proposal aims to clarify each authority’s role within the government's larger strategic objectives, facilitating the transition toward an England-wide strategic planning system.  

The proposed route map would outline key steps for local authorities, providing clarity on future strategic plan boundaries, timelines for legislative changes, and the anticipated financial and professional support from the government. This guidance seeks to empower local authorities to continue developing local plans while strategically aligning with national targets.  

The RTPI’s route map¹¹ aims to equip local authorities with the tools they need to address both current and long-term planning goals, making England-wide strategic planning a reality. 

Call for evidence announced to gather responses to independent report which contained NSIPs recommendations

On Monday, an article was published on the government’s website outlining recommendations made in a report on speeding up the delivery of national infrastructure, from planning barrister Lord Charles Banner CK. The report, which includes ten recommendations, largely supports retaining the current judicial review rules but suggests new measures to expedite Development Consent Order (DCO) reviews, such as specialised case handling and target timelines. 

These latest recommendations come following a series of changes to consenting and approval processes around nationally significant infrastructure over the last few years – acknowledged by Minister for Housing and Planning, who has expressed gratitude for the report: 

From the government website: 

‘With demands on the consenting process having changed considerably over recent years, I’m grateful to Lord Banner for reviewing how we might speed up the delivery of major infrastructure projects. 

The government will carefully review his recommendations and consider further proposals before determining how we will further improve the Nationally Significant Infrastructure Projects regime.’ 

The government has also launched a call for evidence, to gather responses to the report and its recommendations.  

It stated that it will review both the report and the responses to the call for evidence before publishing its response.    

You can find out more information on the report and the call to evidence by visiting the Government’s website.¹² 

With 50 years of expertise in comprehensive land referencing, TerraQuest is a trusted partner in delivering timely, professional support for Compulsory Purchase Orders (CPOs) and Development Consent Orders (DPOs). We provide full-spectrum land referencing services to support nationally significant infrastructure projects, expertly managing everything from site assessment to official documentation, at any application stage. Visit our website to learn how our tailored land solutions can drive the success of your project.¹³ 

1. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningresource.co.uk.mcas.ms%2Farticle%2F1893542%2Fwhatever-happened-biodiversity-net-gain%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
2. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fblog.planningportal.co.uk.mcas.ms%2F2024%2F10%2F10%2Fapplication-system-update-ensuring-eligibility-for-the-most-used-biodiversity-net-gain-exemptions%2F%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
3. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningresource.co.uk.mcas.ms%2Farticle%2F1893542%2Fwhatever-happened-biodiversity-net-gain%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
4. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningportal.co.uk.mcas.ms%2Fservices%2Fweekly-planning-news%2Fplanning-news-23-may-2024%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
5. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningresource.co.uk.mcas.ms%2Farticle%2F1893542%2Fwhatever-happened-biodiversity-net-gain%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
6. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.terraquest.co.uk.mcas.ms%2Fnews-and-insights%2Fbng-exemption-review%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
7. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fblog.planningportal.co.uk.mcas.ms%2F2024%2F10%2F10%2Fapplication-system-update-ensuring-eligibility-for-the-most-used-biodiversity-net-gain-exemptions%2F%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
8. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningresource.co.uk.mcas.ms%2Farticle%2F1893542%2Fwhatever-happened-biodiversity-net-gain%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
9. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.gov.uk.mcas.ms%2Fgovernment%2Fpublications%2Fbuilding-control-bodies-professional-codes-and-standards%2Foperational-standards-rules%3FMcasTsid%3D15600%23contents&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
10. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.gov.uk.mcas.ms%2Fgovernment%2Fpublications%2Fsubmitting-operational-standards-rules-data%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
11. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.rtpi.org.uk.mcas.ms%2Fnews%2F2024%2Foctober%2Frtpi-proposes-route-map-to-help-local-authorities-navigate-housing-targets-amid-policy-shift%2F%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
12. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.gov.uk.mcas.ms%2Fgovernment%2Fnews%2Flord-banner-kc-review-proposes-roadmap-to-speed-up-delivery-of-national-infrastructure%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268
13. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.terraquest.co.uk.mcas.ms%2Fproducts-services%2Fland-referencing%3FMcasTsid%3D15600&McasCSRF=33c429f73a5d15a94ae62c060ae30934ee18526b39b5ee6159032485949c5268