Are You BNG Exempt? Unpacking Biodiversity Net Gain Exemptions

Since February 2024 (and April 2024 for small sites), Biodiversity Net Gain (BNG) has become a mandatory requirement within the planning application process in England. The primary objective is to ensure that any development enhances biodiversity, resulting in a measurable improvement in biodiversity value compared to the pre-development state. For many developers, this entails navigating a complex array of new regulations; however, there are specific scenarios where projects may be exempt from these stringent BNG requirements. This is where a thorough understanding of BNG exemptions becomes crucial.

At The BNG Guy, we aim to simplify the intricacies of BNG for developers and householders alike. Here, we will explore the key circumstances under which your development may qualify for a BNG exemption, particularly focusing on the de minimis exemption and its relevance to small sites and self-build or custom housebuilding projects.

The BNG exemption criteria can apply to various types of developments, especially those that consist exclusively of dwellings. For instance, if your project impacts less than 25 square metres of land or is categorized under the small sites metric, it may be exempt from the mandatory BNG requirements. This is particularly relevant for householder applications and developments that meet the biodiversity gain requirements as outlined in the Custom Housebuilding Act 2015.

Moreover, local planning authorities must adhere to the BNG regulations when evaluating planning permissions. If your planning application meets the exemption criteria, such as a change of use application or a project that generates a decrease in the biodiversity value, then the BNG policy may not apply. Understanding how BNG assessments affect your planning application is essential, particularly in light of the upcoming regulations for 2024.

In summary, being aware of the BNG exemptions, including the statutory biodiversity metric and the implications of the town and country planning act, can significantly streamline your planning process. Whether you are involved in a self-build, custom build, or a development that forms part of a larger project, knowing how BNG applies to your planning application is vital for compliant and successful development management.

Understanding BNG Exemptions: Key Insights

Biodiversity Net Gain (BNG) exemptions play a vital role in the planning process, ensuring that specific developments can proceed without the mandatory biodiversity net gain requirements that typically apply. These exemptions are intended to be the exceptions rather than the norm, as the government aims for BNG to be a widespread principle, fostering biodiversity gains across various projects.

Under the Self-Build and Custom Housebuilding Act, certain developments, particularly those consisting exclusively of dwellings, may qualify for a BNG exemption. This includes small sites where impacts are less than 25 square metres, allowing local planning authorities to utilize the small sites metric to assess the biodiversity value. The de minimis exemption is crucial here, as it permits small-scale developments to bypass the mandatory BNG assessments when their impacts are minimal.

For planning applications submitted after April 2024, it is essential to understand how the new BNG regulations will affect your project. The town and country planning act stipulates that any development forming part of a planning permission must meet biodiversity gain objectives. Therefore, even when a BNG exemption applies, it is prudent to consider measures that enhance biodiversity and facilitate the development of biodiversity gain plans.
If you are involved in householder development or custom build applications, familiarize yourself with the BNG guidance and statutory biodiversity metric. This will help ensure compliance with planning policies while achieving your project goals. Remember, even when the BNG does not apply, exploring opportunities for biodiversity enhancement demonstrates a commitment to environmental stewardship.

In summary, while BNG exemptions offer flexibility for certain developments, understanding the associated criteria and regulations is crucial for responsible planning. Always consider how your project can contribute positively to local biodiversity, even in scenarios where an exemption applies.

Essential BNG Exemptions You Should Be Aware Of

The primary BNG exemptions are specified in the Biodiversity Gain Requirements (Exemptions) Regulations 2024. Below is an expanded overview of these crucial exemptions:

1. De Minimis Exemption (The “Very Small Impact” Rule): This exemption is frequently the first consideration for developers. It applies to developments that exert a minimal impact on habitats. To qualify, your project must:
   
   • Not affect any priority habitats. Impact less than 25 square metres of non-priority on-site habitat (for instance, a footprint of 5m x 5m).Impact less than 5 metres of non-priority on-site linear habitats, such as hedgerows.
   This exemption often pertains to minor extensions to existing structures or small accessibility ramps that do not disturb existing greenery. Proving eligibility requires meticulous assessment.
   
2. Householder Applications: Great news for homeowners! Most planning applications for modifications to an existing individual dwelling are exempt. This includes:
   • Extensions, Conservatories, Loft conversions, Outbuildings
   However, note that this exemption typically does not apply to change of use applications or developments that create new dwellings.
   
3. Self-Build and Custom Housebuilding: To foster individual and community housebuilding, certain self-build and custom-build projects may qualify for exemption if they adhere to specific criteria:
   • Consist of no more than 9 dwellings.
   • Occupy a site no larger than 0.5 hectares.
   • Consist exclusively of dwellings classified as self-build or custom housebuilding, defined under the Self-build and Custom Housebuilding Act 2015.
     
4. Biodiversity Gain Sites: If the primary objective of your development is to create or enhance biodiversity for another BNG project (i.e., generating biodiversity units to be sold off-site), it may qualify for exemption. This is to ensure there is no “double counting” of biodiversity gains.
   
5. High-Speed Railway Transport Network (e.g., HS2): Developments that are part of or ancillary to the high-speed railway transport network are exempt from BNG requirements.
   
6. Urgent Crown Development: Certain developments initiated by or on behalf of the Crown that are classified as urgent for national security, defense, or emergency response may also qualify for exemption.
   
7. Permitted Development Rights: Generally, if your project can be executed under permitted development rights (indicating it does not necessitate a planning application), it falls outside the ambit of mandatory BNG requirements.
   
8. Existing Planning Permissions (Transitional Arrangements): Developments with planning permission granted before February 12, 2024 (or where the application was submitted prior to this date) are typically exempt from the new mandatory BNG requirements. Similar transitional provisions apply for variations to existing planning permissions.

Important Considerations for BNG Exemptions

• Local Planning Authority (LPA) Policies: While national biodiversity net gain (BNG) exemptions exist, local planning authorities may implement their own specific planning policies that could impose stricter biodiversity gain requirements. It’s essential to verify your local LPA’s stance, as they may mandate a higher percentage of net gain, such as 15% or 20%.
  
• Evidence is Key: If you believe your project qualifies for a BNG exemption, you must clearly articulate this in your planning application. Providing robust evidence to support your claim is crucial, as LPAs will thoroughly scrutinize these assertions to ensure compliance with the statutory biodiversity metric.
  
• The Biodiversity Metric: Understanding the statutory biodiversity metric is vital, even if you think you’re exempt. This tool assesses biodiversity value and is fundamental to the exemption criteria, particularly regarding the de minimis exemption for projects with impacts less than 25 square metres.
  
• It’s Not a Loophole: BNG exemptions are not intended as a loophole to evade environmental responsibilities. The primary objective of mandatory BNG is to enhance biodiversity and contribute to nature recovery. Therefore, wherever feasible, projects should aim to deliver a positive biodiversity gain objective.

Don’t Guess, Get Expert Advice from The BNG Guy

Navigating BNG exemptions can be intricate. Misunderstandings of the regulations could result in delays, unexpected costs, or even refusal of planning permission by a development order.

At The BNG Guy, we specialise in assisting developers with understanding their BNG obligations, identifying potential exemptions under the custom housebuilding act 2015, and streamlining the entire planning process. If you’re uncertain whether your self-build or custom housebuilding project qualifies for an exemption or need guidance on meeting the biodiversity gain requirements, reach out to The BNG Guy today. We’re dedicated to helping you build a sustainable future, benefiting both your project and the environment.