This month’s compliance clinic addresses how to handle biodiversity net gain (BNG) requirements for construction projects. Amelia Ku-Neale of DeSimone Consulting Engineers considers implications:
The question:
We’re building a 0.5ha housing project on a brownfield site with no vegetation near York. The planning requirements appear to suggest that we must have 10% greater biodiversity after we complete than before. Is this compulsory and what are the legal implications if we don’t or can’t comply?
The answer:
With wildlife habitats at risk and a plan to build 1.5 million new homes, there is a recognised need for biodiversity net gain (BNG).
BNG became a mandatory planning condition in February 2024 and is embedded into UK legislation through the Environment Act 2021. This applies to all new small and major developments with few exemptions. Projects must deliver a 10% net gain in biodiversity compared to pre-development conditions.
Without clear rules, voluntary changes would be slow and inconsistent. This, in turn, would hinder progress on long-term climate resilience. The legislation aims to address this.
Strategies to achieve BNG include innovations such as habitat creation, green roofs and walls, urban greening, sustainable drainage systems (SuDS) and species-specific protection.
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