Biodiversity net gain

From the 12 February 2024, the draft The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 are to be enacted. With the exception of planning applications made under section 73 or 73a of the Town and Country Planning Act 1990, all major planning applications will need to be submitted with:

(a) a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;
(b) where the applicant believes that planning permission, if granted, would not be subject to the biodiversity gain condition, the reasons for that belief;
(c) in cases where the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition—

• the biodiversity value of the onsite habitat on the relevant date
• the publication date of the biodiversity metric used to calculate that value
• the completed biodiversity metric calculation tool showing the calculation of the biodiversity value of the onsite habitat on the relevant date
• a description of any irreplaceable habitat;
• a plan showing onsite habitat, including irreplaceable habitat, existing on the relevant date;

For the full information requirements, including further information for land that has been degraded, please view the draft Statutory Instrument on the GOV.UK website.

This will form part of the Government's National List and is in addition to any other information requirements required by our adopted Local List including those relating to phase 1 habitat / biodiversity surveys.