Are You Exempt? Unpacking Biodiversity Net Gain Exemptions

Since February 2024 (and April 2024 for small sites), Biodiversity Net Gain (BNG) has become a mandatory part of the planning process in England. The goal is clear: to ensure development leaves biodiversity in a measurably better state than before. For many developers, this means navigating new requirements, but what if your project doesn’t need to comply? That’s where BNG exemptions come in.

Here at The BNG Guy, we’re all about making BNG clear and manageable. So, let’s dive into the key scenarios where your development might be exempt from the statutory 10% BNG requirement.

Understanding the Spirit of BNG Exemptions

It’s crucial to understand that Biodiversity Net Gain exemptions are designed to be the exception, not the rule. The government’s intention is for BNG to apply broadly, with specific, narrow categories carved out to avoid disproportionate burdens on certain types of development.

Even if an exemption applies, considering your project’s environmental impact and exploring ways to enhance biodiversity is always a responsible approach.

Key BNG Exemptions You Need to Know

The main BNG exemptions are outlined in the Biodiversity Gain Requirements (Exemptions) Regulations 2024. Here’s a breakdown:

1. De Minimis Exemption (The “Very Small Impact” Rule): This is often the first exemption developers consider. It applies to developments that have a truly minimal impact on habitats. To qualify, your development must:
   • Not impact any priority habitats.
   • Impact less than 25 square metres (e.g., 5m x 5m) of non-priority on-site habitat.
   • Impact less than 5 metres of non-priority on-site linear habitats (like hedgerows).
   Think minor extensions to existing hardstanding or small accessibility ramps that don’t affect any existing greenery. It’s a tricky one to prove, so careful assessment is vital.
2. Householder Applications: Good news for homeowners! Most planning applications for works to an existing individual dwelling are exempt. This includes:
   • Extensions
   • Conservatories
   • Loft conversions
   • Outbuildings
   However, this exemption generally does not apply to changes of use or developments that create new dwellings.
3. Self-Build and Custom Housebuilding: To support individual and community housebuilding, certain self-build and custom-build projects are exempt if they meet specific criteria:
   • Consist of no more than 9 dwellings.
   • Are on a site no larger than 0.5 hectares.
   • Consist exclusively of dwellings that meet the legal definition of self-build or custom housebuilding (as per the Self-build and Custom Housebuilding Act 2015).
4. Biodiversity Gain Sites: If your development’s primary purpose is to create or enhance biodiversity for another BNG project (i.e., generating biodiversity units to be sold off-site), it may be exempt. This prevents “double counting” of biodiversity gains.
5. High-Speed Railway Transport Network (e.g., HS2): Development forming part of, or ancillary to, the high-speed railway network is exempt.
6. Urgent Crown Development: Certain developments undertaken by or on behalf of the Crown that are deemed urgent for national security, defence, or emergency response purposes can also be exempt.
7. Permitted Development Rights: Generally, if your project can be carried out under permitted development rights (meaning it doesn’t require a planning application), it falls outside the scope of mandatory BNG.
8. Existing Planning Permissions (Transitional Arrangements): Developments with planning permission granted before February 12, 2024 (or where the application was submitted before this date) are generally exempt from the new mandatory BNG requirements. Similar transitional arrangements apply for variations to existing planning permissions.

Important Considerations for BNG Exemptions

• Local Planning Authority (LPA) Policies: While national exemptions exist, some LPAs may have their own local BNG policies that could still apply or even require a higher percentage of net gain (e.g., 15% or 20%). Always check with your specific LPA.
• Evidence is Key: If you believe your project qualifies for an exemption, you’ll need to clearly state this in your planning application and provide sufficient evidence to support your claim. The LPA will scrutinize these claims.
• The Biodiversity Metric: Even if you think you’re exempt, understanding the Biodiversity Metric is crucial. It’s the tool used to assess biodiversity value, and its principles underpin the exemption criteria, especially for the de minimis rule.
• It’s Not a Loophole: BNG exemptions are designed to be pragmatic, not a way to avoid environmental responsibility. The overarching aim of BNG is to contribute to nature recovery, and wherever possible, projects should strive to deliver a positive impact.

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

Navigating BNG exemptions can be complex. Misinterpreting the rules could lead to delays, unexpected costs, or even refusal of planning permission.

At The BNG Guy, we specialise in helping developers understand their BNG obligations, identify potential exemptions, and streamline the entire process. If you’re unsure whether your project qualifies for an exemption or need assistance with your Biodiversity Net Gain strategy, get in touch with The BNG Guy today. We’re here to help you build a better future, for both your project and for nature.