Biodiversity Net Gain

• Planning Application Form indicating; whether the applicant believes that planning permission, if granted, would be subject to, or exempt from, the biodiversity gain condition and the reasons why; if any irreplaceable habitats are present; and whether any degradation to on-site habitats has occurred.
• A Pre-development Habitat plan, drawn to an identified scale which must show the direction of North, showing on-site habitat existing on the date of application (or an earlier date), including any irreplaceable habitat.
• A Biodiversity Metric showing the pre-development biodiversity value of the on-site habitats on the date of application (or an earlier date). Please ensure that ‘date of completion’, and ‘name of person completing the metric’ have been filled in, and that the Metric is saved as a macro-disabled excel file (.xlsx) with all sheets visible. Choice of biodiversity metric must be guided by the following the Statutory Biodiversity Metric User Guides.
• A description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date).

In addition to these minimum information requirements the following information is required for major development applications:

• Post-Intervention Habitat Plan, drawn to an identified scale and including the direction of North, showing any habitats to be retained, enhanced, and/or created.
• Off-Site Baseline and Post-Intervention Plans will be required if an off-site gain site is proposed. Plans must be drawn to an identified scale (including the direction of north), showing existing habitat to be retained and enhanced, and new habitats to be created.
• A biodiversity net gain feasibility assessment - which can be included as a chapter in the Ecological Impact Assessment report or as a separate report. The assessment must include a rationale for the condition assessment and strategic significance assigned to each habitat type, and confirmation that the biodiversity gain hierarchy has been adhered.

Where significant on-site gains or off-site gains are being delivered then a draft Biodiversity Gain Plan will be required.

If this information has not been provided your application will not be validated.

In addition to any other information on the Biodiversity and Planning web page, the following information should be submitted as soon after Validation as possible to allow a timely consideration before Determination:

• A draft Biodiversity Gain Plan (BGP) – using the Government’s BGP template.
• A Post-Development Habitat Plan (if one has not already been submitted) drawn to an identified scale and including the direction of North, showing any habitats (UKHab) to be retained, enhanced, and/or created.
• A fully completed Biodiversity Metric calculation tool showing the baseline and post- intervention habitat.
• Statutory Biodiversity Metric Condition Sheets – completed for each habitat parcel (if baseline condition is required by the metric).

Where off-site gains, or significant on-site gains are proposed:

• A draft Habitat Management and Monitoring Plan (HMMP) will be required using Natural England’s HMMP template.
• A Heads-of-Terms or draft S106 Agreement will be required clearly setting out the obligations that applicants are likely to be bound by in a section 106 agreement should permission be granted.

The biodiversity gain condition has its own separate statutory basis, as a planning condition under paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990. The condition is deemed to apply to every planning permission granted for the development of land in England (unless exemptions or transitional provisions apply).

To discharge the biodiversity gain condition, the statutory framework requires a Biodiversity Gain Plan to be submitted to the Local Planning Authority prior to the commencement of development.

The Biodiversity Gain Plan must be submitted in writing, no earlier than the day after planning permission has been granted, and must contain a number of matters to enable the Local Planning Authority to determine whether the biodiversity gain objective has been met. This will require the developer to submit several documents as evidence alongside a completed Biodiversity Gain Plan

Submitting a compliance of condition application:

• Developers can apply to discharge the biodiversity gain at the same time as other planning conditions, however there will be a separate fee.
• The Local Planning Authority has 8 weeks to approve or refuse the application, and a separate decision notice will be issued.
• The development cannot commence until the biodiversity gain condition has been discharged.

• A completed Biodiversity Gain Plan using the Government's Biodiversity Gain Plan template
• A completed copy of the Statutory Biodiversity Metric or Small Sites Metric (statutory biodiversity metric) excel spreadsheet in .xlsx format.
• On-Site Baseline Habitat Plan - drawn to an identified scale and showing the direction of North. It must include all baseline habitats, including the area of each habitat type. If the statutory biodiversity metric has been used, units must be in hectares for habitat areas and kilometres for linear habitats. If the small sites biodiversity metric has been used, units must be meters squared for the habitat areas and meters for linear habitats. The map must be submitted separately in pdf format. For significant onsite gains secured by S106 agreements – the map should also be submitted in GIS format (shapefile).
• On-site post intervention map - The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the statutory biodiversity metric has been used, units must be in hectares for habitat areas and kilometres for linear habitats. If the small sites biodiversity metric has been used, units must be meters squared for the habitat areas and meters for linear habitats. The map must be submitted separately in pdf format. For significant onsite gains secured by S106 agreements – the map should also be submitted in GIS format (shapefile).

Developers may also need to submit the following information:

• Off-site Baseline Habitat Plans and Post-Intervention Habitat Plans - if off-site gains are proposed on land within the developer’s ownership or through a third-party landowner. Plans must be drawn to an identified scale and show the direction of North. The maps must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the statutory biodiversity metric has been used, units must be in hectares for habitat areas and kilometres for linear habitats. If the small sites biodiversity metric has been used, units must be meters squared for habitat areas and meters for linear habitats. The maps must be submitted in two different file formats: PDF and Shapefile.
• A Habitat Management and Monitoring Plan (HMMP)* using Natural England’s HMMP template as a guide, detailing how significant on-site, and all off-site habitats will be established, managed and monitored.
• Landscape and Ecological Management Plan (LEMP)* (or any other management condition linked to biodiversity net gain) if the Local Planning Authority has deemed this an appropriate alternative to a Habitat Management and Monitoring Plan (please refer to the conditions included on your decision notice).
• If off-site units from an existing gains site are used, we will require confirmation that biodiversity units have been allocated to the development. If the allocation is not listed yet on the National Gains Site Register we will accept an email from Natural England confirming the allocation.
• Proof of purchase of statutory biodiversity credits – if they have been used.
• A compensation plan - if the development affects irreplaceable habitats.

*A HMMP and LEMP are long-term habitat management and monitoring strategies that detail a developer’s commitment to achieving the biodiversity gain objective. They are secured through separate conditions to the Biodiversity Gain condition, yet they are intrinsically linked. Therefore, the LPA are requesting developers apply for the approval of the Biodiversity Gain Plan and HMMP or LEMP conditions at the same time.

There are separate requirements for phased development. In this instance, the developer will need to complete and submit the following:

• An Overall Biodiversity Gain Plan
• A Phase Biodiversity Gain Plan (for each phase of the development) which can be submitted alongside reserved matters