At Landmark, we understand the importance of clarity in navigating the landscape of Biodiversity Net Gain (BNG). Following our successful webinar, “Biodiversity Net Gain | How Developers Can Prepare for February 2024,” we received a plethora of questions. In this blog post, we’ve compiled the most pressing queries and provided comprehensive answers to guide you through the complexities of BNG.
Key Questions and Answers
Q1. How does an investor carry out a financial assessment of a site to calculate whether it is worth purchasing?
A1. There are a number of factors that an investor will need to consider when assessing the financial viability of a site, including the site’s location, its potential for development, and the costs associated with BNG. Landmark’s BiodiversityCheck report can provide investors with an initial assessment of the BNG costs that would be applicable to a particular site. You can also see from the report those areas of the site where biodiversity could be built up thereby gaining biodiversity units. Ideally, a developer will be able to build the extra 10% gain required within the redline site boundary thereby saving the expense of buying additional biodiversity units.
Q2. Will new agricultural buildings need to provide 10% gain?
A2. Yes, all new developments, including new agricultural buildings, will be required to demonstrate that they will deliver a 10% net gain in biodiversity compared to the pre-development state of the site.
Q3. Who can undertake the BNG assessments, is it only suitably qualified ecologists and what level of qualification is considered “suitable”? Do you think chartered surveyors will be able to undertake the BNG assessments?
A3. The Biodiversity Metric 4.0 requires that BNG assessments are undertaken by competent persons. The competency requirements are set out in the Statutory Biodiversity Metric under the heading ‘Competency Requirements’ which says: A competent person has the knowledge and skills to perform specified tasks to complete and review biodiversity metric calculations. You obtain this through training, qualifications, experience, or a combination of them.
So whilst a trained ecologists would be competent, it seems to be wider than only ecologists. Ultimately it will be for the individual to assess their competence to carry out the BNG assessment.
Therefore a chartered surveyor with the appropriate experience and training ought to be competent to undertake BNG assessments.
Q4. Does Biodiversity Metric 4.0 cover inland waterways/ water bodies within “terrestrial”? – Are rivers etc covered in the Landmark etc package described?
A4. Yes, water bodies are included in the Biodiversity Metric 4.0. Streams and rivers are specifically mentioned as one of the two linear features that must be included in BNG assessments. The Landmark Biodiversity reports include a comprehensive assessment of all aspects of a site’s biodiversity, including water bodies.
Q5. Are there minimum time limits for the Land Uses when looking at it from a BNG perspective?
A5. If it is a development, then it will be caught by the regs.
Q6. If you create an above 10% uplift in the BNG on a site can you sell the surplus to other local sites?
A6. Yes, provided you get clearance from the local planning authority (LPA) that you will be having excess units that you can sell. The LPA will need to be satisfied that the proposed sale will not adversely affect the biodiversity of the site in question. The additional biodiversity units would need to go onto the BNG register.
Q7. Why are we being asked for baseline assessments currently by councils?
A7. Many local planning authorities (LPAs) have been requiring baseline assessments as part of their planning requirements for some time. This is because they want to have a better understanding of the biodiversity of the land before any development takes place. The information from these baseline assessments can then be used to inform the BNG assessment that is required under the new legislation. All will need to do so once the Biodiversity Gain legislation (Environment Act 2021) comes into effect in Feb 2024.
Q8. How can the 10% net gain be achievable on small sites? We have found this is very difficult when little public space can be achieved on the site.
A8. It may not be possible to achieve a 10% net gain on a small site. In these cases, developers may be able to buy biodiversity units from other sites. Biodiversity units are a way of offsetting the negative impact of development on biodiversity by investing in projects that will improve biodiversity elsewhere.
Q9. Will a change of use under Prior Approval processes (as opposed to planning consent) such as commercial buildings to residential or agricultural buildings to residential be exempt?
A9. No, changes of use are not exempt from the BNG requirements. This means that even if a change of use does not require planning consent, the developer will still be required to demonstrate that they will meet the BNG requirements.
Q10. Will the BNG 10% requirement have to be addressed ‘upfront’ prior to determination of planning applications or can it be secured by way of planning condition?
A10. The BNG 10% requirement must be addressed upfront, prior to determination of planning applications. This means that the developer must have a plan for how they will deliver the required net gain in biodiversity before they can submit their planning application. The LPA will then be able to assess the developer’s plan and make sure that it is adequate.
Q11. Is it possible for local councils to identify areas within their areas that could be used to offset? For example, a deteriorated area with potential to improve could be funded in the manner of a commuted sum, if that makes sense?
A11. Yes, local authorities (LAs) will prepare Local Nature Recovery Strategies (LNRS) where they will set out those areas that they wish to prioritize for nature recovery. These areas could be used to offset the loss of biodiversity caused by development. The LA could also work with developers to identify and fund projects that will improve the biodiversity of these areas.
Q12. Do local councils purchase the map data to use in their development plans?
A12. It is highly likely that LAs will need to purchase maps (e.g., Master Map from the OS). They may need to buy additional data sets to complete their LNRS. This data could be used to identify areas that are suitable for offsetting, and to assess the impact of development on biodiversity.
Q13. Is there a middle ground to the data sets – can the measuring equipment be attached to a drone, for example?
A13. Ecologists are already using drones for their assessments, and this use is very likely to increase. Drones can be used to collect data on a wider area more quickly and efficiently than traditional methods. This data can then be used to assess the impact of development on biodiversity.
Q14. Is most construction development an appreciable source of habitat loss? Are the exemptions going to expand to a relatively high level, with smaller scale developments being commuted sums?
A14. To date, most developments have caused habitat loss. The intention of the new legislation is to build the gain within the development site. However, some sites will have a zero or very low score so there will be little biodiversity to add. For example, developed sealed land has a BNG score of zero and so no biodiversity gain should be necessary. Of course, there may be many reasons why developers should build in nature positive features such as green roofs- and these may be seen as positive issues by the LPA. However, these would be outside of the BNG legal requirements.
In navigating the evolving landscape of Biodiversity Net Gain, these answers provide valuable insights for developers, environmental lawyers, planning consultants, and land agents. If you seek further guidance or detailed reports, our Landmark Biodiversity Reports offer a comprehensive suite of solutions to ensure you’re well-equipped to make informed decisions.
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