Which local authorities are raising the bar for biodiversity?
With mandatory biodiversity net gain (BNG) in sight, Local Planning Authorities (LPAs) are increasingly preparing their own policies and guiding frameworks. Carter Jonas reported on the incorporation of BNG measures in local plans in spring 2022 and
spring 2023, as many put BNG on their agenda before the statutory date. Yet, regardless of whether LPAs are progressing their own policy or not, 10% net gain will become mandatory for most major developments from January 2024 and from April 2024 for small sites. The question is now about the practical implication of BNG at a local level.
Read definition of BNG
Some LPAs have been progressing local policies that would require developers to deliver a greater level of net gain than the 10% minimum requirement. Carter Jonas has again reviewed the 306 LPAs in England (the total number at the time of research, accounting for those recently merged) to understand which LPAs have already adopted a higher percentage or are consulting on one. We believe that this gives us valuable insight into where greater demand for off-site BNG may emerge.
Carter Jonas continues to monitor the integration of BNG into local plans and the percentage gains they denote as this has important implications for developers whilst creating opportunities for landowners.
"The question is now about the practical implication of BNG at a local level."
At regional level
The BNG policies with over 10% requirement are concentrated in the south of England. In the South East, 11 LPAs have a BNG policy (either emerging or adopted) calling for greater than 10% net gain, accounting for a significant 16.7% of LPAs in the region. Both the South West and London have 3 LPAs with a higher net gain policy, representing 10.3% and 9.1% of their LPAs respectively. The East of England has 2 LPAs, or 4.3% of the region’s LPAs, and Yorkshire and the Humber has 1 LPA, or 5.9%. Meanwhile, the North West, North East, West Midlands and East Midlands have none.
The LPAs with policies calling for greater than 10% net gain account for 8.1% of England’s total land area. The South West comes out on top with 18.0% of its land area covered by policies requiring higher levels of net gain. At 16.1%, the South East is marginally lower. Both regions are more likely to see requirements and opportunities emerge at a faster rate.
Some of the regional variation can be attributed to the influence of Local Nature Partnerships, which is evident in the south. The Kent Nature Partnership is promoting a county-wide target of 20% BNG be adopted within Kent and Medway. In response to this, Kent County Council (with funding support from Natural England) commissioned a strategic viability assessment of BNG in Kent. The report concludes that the biggest cost in most cases is to get to 10% net gain, and the increase to 15% or 20% is ‘generally negligible’. This has influenced emerging policies in Sevenoaks, Maidstone, Canterbury and Swale so far, representing 30.7% of the county. Likewise, the Surrey Nature Partnership and Sussex Local Nature Partnership have directed higher net gain targets in their counties.
As the Biodiversity Metric encourages developers to deliver BNG inside the same local planning area or National Character Area (NCA) if not on-site, we can expect landowners to look to deliver BNG as close as possible to the development to take advantage of this. Many local authorities are starting to develop their own habitat banks to help facilitate transactions
within their localities to prevent developers having to look outside of the area. Both will help ensure investment is directed to local landowners and delivers a wide range of benefits to local people.
"The LPAs with policies calling for greater than
10% net gain account for 8.1% of England’s total land area."
"We can expect landowners to look to deliver BNG as close as possible to the development."
Local variation
Higher levels of net gain may be applicable to specific types of development or vary in application. For instance, Mid Sussex’s emerging BNG policy states that a minimum of 20% net gain will only be required on significant sites allocated in the local plan, which are large, mixed-use development sites. Worthing’s local plan denotes that a minimum of 20% is encouraged for all sites and required for development on previously developed sites. The Yorkshire Dales National Park Authority’s emerging biodiversity policy also requires a minimum of 20% BNG, but only on development sites where a priority habitat is present and for residential developments of 10 or more new dwellings or on a site of 1ha or more.
Others prescribe where or how they want BNG to be delivered. For example, Richmond’s draft local plan emphasises the importance of wildlife corridors and ‘ecological connectivity’ when delivering BNG.
Some LPAs have chosen to encourage high levels of net gain through supplementary planning documents (SPDs). This may be because SPDs are quicker to produce, whereas local plans reviews can take a couple of years from initial consultations to adoption. It may also be that an LPA wants to push greater net gain as best practice only. For instance, an SPD from Mansfield District Council states that LPAs in Nottinghamshire have agreed to align their approach to BNG and pursue a higher target, but otherwise establishes that 10% net gain is the minimum.
An understanding of local requirements and consideration of BNG in initial plans will be essential in improving planning outcomes. This is particularly important in areas prescribing higher levels of net gain where more resources may be required, and over the next two years until the network of Local Nature Recovery Strategies is developed.
"An understanding of local requirements and consideration of BNG in initial plans will be essential in improving planning outcomes."
Looking forward
We are increasingly seeing LPAs deviating from the national position, either in the percentage net gain required or in their guiding framework for delivery. We are also seeing more LPAs adopting measures to direct investment to local sites and accelerate the local market. In areas with higher net gain requirements, we can expect the local market to develop at a faster rate.
Many LPAs have stalled their local plan reviews in the face of significant changes to national planning policy, so BNG policies have taken longer to develop than expected. As changes are formalised and local plans reviews progress, we may see even more LPAs progressing higher levels of BNG. We are aware of several LPAs who have included an option to consider a greater scope for BNG in early consultations. It may also be the case that LPAs drop their emerging 20% BNG policy before adoption. For instance, Rossendale Borough Council was seeking 20% net gain in its draft submission but reduced the requirement to the statutory 10% in their final local plan.
In the coming months, developers will be assessing their options and refining their BNG strategies. Meanwhile, demand for land for BNG will rise substantially, affording diversification opportunities for landowners. Carter Jonas is advising landowners and developers on navigating BNG policy and can offer a range of BNG services, including the development of strategies for BNG, brokering biodiversity units and finding suitable sites. Please get in contact for further information.
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The national picture
At regional level
Local variation
Looking forward
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As imposed by the 2021 Environment Act, developments in England from early 2024 will be required to deliver a mandatory 10% Biodiversity Net Gain (BNG), maintained for a period of at least 30 years. BNG is an approach to development and/or land management that seeks to leave the natural environment in a measurably better state. Habitat creation or enhancement can be delivered on-site, off-site or via statutory biodiversity credits, and is calculated using an approved Biodiversity Metric
What is biodiversity net gain?
Figure 2: Adopted and emerging BNG policies at regional level
Source: Carter Jonas Research
Number of BNG policies
% of region's land area
Figure 1: Map of LPAs with either adopted or emerging BNG policies over 10%
The national picture
Our research found that 3 LPAs (or 1.0%) have adopted a policy denoting a percentage net gain higher than 10%, while 17 (or 5.6%) have such a policy emerging through their local plan review. This is an increase of 33.3% from our latest research (data to Q4 2022). The majority of LPAs with BNG policies (either adopted or emerging) over the 10% statutory requirement call for 20% net gain, either for some or all new developments. Two LPAs, Kingston Upon Thames and Tower Hamlets, have even more ambitious policies emerging which require a minimum of 30% net gain.
In conducting this research, we have only included policies that have been adopted or are in a draft local plan. There are also numerous LPAS which are at earlier stages of their local plan review and are actively considering a higher level of net gain, such as Birmingham and Chelmsford. These have been excluded from our analysis.
Hover over the map to highlight the key areas
Yorkshire Dales
National Park
East Devon
Wiltshire
Cherwell
Cambridge
South
Cambridge
Worthing
Brighton and Hove
Mid Sussex
Sevenaoaks
Maidstone
Swale
Canterbury
Tower
Hamlets
Kingston upon Thames
Richmond upon Thames
Mole Valley
Guildford
Surrey Heath
Swindon
Cambridge
South Cambridgeshire
Kingston upon Thames
Richmond upon Thames
Tower Hamlets
Brighton and Hove
Canterbury
Cherwell
Guildford
Maidstone
Mid Sussex
Mole Valley
Sevenoaks
Surrey Heath
Swale
Worthing
East Devon
Swindon
Wiltshire
Yorkshire Dales National Park
MRICS
MRICS
MRTPI
MRICS
MRICS
MRTPI
Q4 2023