Mandatory Biodiversity Net Gain: Government delays introduction until 2024
2 October 2023
This article was updated on 6 November.
At the end of September 2023, the Government formally announced that the introduction of a mandatory requirement for Biodiversity Net Gain (BNG) to be delivered alongside new developments has been deferred until January 2024. Together with this announcement the Government committed to publishing a package of guidance, including regulations, connected with BNG, by the end of this month (November 2023).
As had been flagged in our article published in February, there was significant concern that the Government hadn’t been working quickly enough to ensure that all the required elements would be in place to allow the system to go live in November. These concerns appear to have been well founded.
Whilst the news may be welcomed by some, for many the delay will be seen as yet more uncertainty for the development industry, as a well as a failure by the Government to follow through on promises to protect and enhance the environment.
Developers, landowners and local authorities alike have been undertaking significant work in readiness for the introduction of the requirement, and this announcement will bring with it the inevitable costs of delay. Any further delay is likely to compound such costs and all parties will no doubt hope that the Government uses the time it has bought itself constructively, to ensure that the new regime is able to run fluidly from January.
As part of the announcement, the Government further confirmed that the introduction of the requirement in connection with small sites has not been delayed any further than had been previously announced and will proceed in April 2024.
On 26 October the Government published via a blog , three draft documents – draft Biodiversity Gain plan template, draft guidance for developers and draft guidance for local planning authorities. Although in draft and subject to change these documents provide information on the issues that developers need to consider when drafting their proposals, how they meet the Biodiversity Net Gain objective and how to present their proposals to the local planning authority. DEFRA has said it will indicate any changes to these documents in the blog and has committed to publishing the final template before the scheme becomes mandatory.
Birketts has been advising a number of developers, landowners and local authorities in connection with the introduction of mandatory BNG. Should you have any questions regarding the issues raised in this article, please do not hesitate to contact Deborah Sharples, Head of Environment and Public Access to Land at Birketts or Edward Long, a member of Birketts’ Planning and Environment Team.
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Edward Long
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2023.