Biodiversity Net Gain arrives in England

Today, 12 February 2024, might be a date that will go down in history as England takes a lead on creating a system of nature markets that insists on the creation of better outcomes for nature. Today the new requirements for developers to deliver a minimum of 10% biodiversity net gain (BNG) on large developments comes into force. In April, similar will happen for small developments, and in November 2025, for NSIPs (Nationally Significant Infrastructure Projects). Lesley Wilson, IEMA’s Policy and Engagement Lead on biodiversity and natural capital, tells us more.

Originally set out in the Environment Act in 2021, BNG is a big step for England in its nature policy. The new requirements have the opportunity to create a step-change in built environment planning and create a new ‘normal’ for biodiversity actions for both developers and local authorities.

One of the key (and very relevant) arguments is that there is not enough resources to monitor and manage the development of BNG over the required 30 years. This may be true and IEMA will continue to raise this where relevant, but this can be an opportunity for developers to step up and demonstrate that actually they don’t need to be micro-managed. For developers, ensuring that their projects actualize BNG over time is good for both their reputation and may be attractive to their customers looking for sustainable choices. In the long run, BNG is also good for organizational risk as it can protect the ecosystems that supply many of the developers’ raw materials.

It is key, however, that the right habitat goes in the right place and that the local authority and the developer work together to make sure this happens. There are many reasons to mitigate onsite and this should always be preferential if the biggest positive biodiversity impact can be had in a way that also supports the local community. But sometimes off-site mitigation might provide the better outcomes, for example, where there is no guarantee that the gardens of home owners will continue to provide BNG over time.

It is also in the developer’s interest to aim high – 10% is the minimum required by law, but the imperfections of nature, and especially uncertainty as a result of climate change, will often mean that aiming beyond the minimum from the start is actually the best way of ensuring 10% is reached.

In 2023 IEMA held a series of webinars that included case studies (subsequently written up) where developments have undertaken BNG, and there are many other examples outside of this, so we know that it can be done (recognising that we can’t see into the future). Most likely, BNG will be challenging at the start, and this is recognised by Natural England’s Principal Advisor on BNG, Nick White, who gives this advice:

‘...trying to make sense of and implement this new regime, my advice, for what it is worth, is to triage, triage, triage. Not every new BNG proposal needs to be or should be pored over by an ecologist, especially not those minor applications that meet the requirements to use the small sites metric from April onwards.’

To quote again from Nick – ‘this is a journey’ – and to ensure that BNG has a chance of creating the benefits to nature that are aimed for it’s important for all relevant stakeholders to get behind BNG and give it time to work. BNG does not provide all of the solutions but has the potential to make a substantial contribution to the urgent task of halting the loss of nature.