Need an ecology survey in Cheshire East?

BNG aims to Limit the Impact of Development

Biodiversity net gain was introduced to protect the environment from the damaging impact of development, and the legislation applies to most development proposals across England. The biodiversity net gain concept aims to encourage growth while requiring a development plan to provide measurable evidence of environmental improvements: a site must demonstrate that it will achieve a 10% uplift in its biodiversity value on completion.

Bng was introduced over a two-year transition period before becoming mandatory in November 2023, however, several local authorities adopted the policy immediately, including Cheshire East Council in north west England.

Biodiversity net gain and development plans

Biodiversity Net Gain bng accords with the Environment Agency’s strategy of improving the condition of the natural environment and reducing biodiversity losses. Bng was first introduced in the Environment Bill, and when this became the Environment Act 2021 after receiving royal assent, bng became part of the National Planning Policy Framework.

The legislation imposes a legal duty on developers to demonstrate that development proposals will deliver a minimum 10% uplift in a site’s biodiversity value on completion. A planning application must also show how the improvements will be maintained over the long term, a period of at least 30 years. To obtain a biodiversity reading for a site, the latest version of the Defra metric, currently 4.0, must be used.

Bng and the planning system

Bng was announced in the 2019 Spring Statement and was brought into UK law when the Environment Act 2021 was passed. A two-year transition period allowed time for developers and planning departments to familiarise themselves with the new bng legislation. Natural England announced that bng would be a mandatory part of the planning application process from November 2023 in England for major sites and small sites of nine units or less, and from April 2024 it applied to smaller sites. Biodiversity net gain legislation applies to most development proposals and there are few exemptions. Failing to observe bng in the planning application process may result in penalties and delays in obtaining planning decisions.

How development plans can meet biodiversity net gain requirements

The first consideration must be the delivery of net gain on-site, according to national bng policy. However, if a site has limited scope for biodiversity improvements, the net gain may be delivered off-site which may involve working with a Local Nature Recovery Strategy or a habitat bank to add to natural habitats. If this proves unworkable, a last resort option is to purchase biodiversity units for sale. Bng compliance is one of the material considerations taken into account by Cheshire East Council when determining a planning application.

BNG and Cheshire East Council planning decisions

The council provides further guidance for interested parties about Biodiversity Net Gain in Supplementary Planning Documents on its website. It includes information on local ecological networks, sustainable development, green infrastructure, the Defra biodiversity metric, and the mitigation hierarchy used by ecological consultants to recommend the optimal way forward.

Biodiversity Net Gain First Draft Supplementary Planning Document (first draft SPD)

The first draft biodiversity net gain supplementary planning document provides further detail on how the bng policy will be applied in Cheshire East. It makes it clear that all development must make a positive contribution to the conservation and enhancement of biodiversity. Geodiversity and biodiversity assets must be protected and improved, along with ecological networks, important landscapes, and natural habitats. The first draft SPD document also provides guidance on retaining valuable trees and hedgerows, sustainable management of woodlands, and the protection of green infrastructure assets.

The Cheshire East Council Site Allocation and Development Policies document states that development proposals must deliver a 10% overall net gain according to the Defra biodiversity metric. It provides guidance to explain how identified ecological networks must be improved and protected, while replacement trees and hedgerows must be integrated into development schemes.

The BNG Assessment

An ecological consultant will make a site visit to develop a biodiversity net gain plan. All ecological features and natural habitats on the development site will be considered and a biodiversity value will be allocated to each. The development plan will then be scrutinised to see how the scheme will deliver the required environmental improvements to compensate for any biodiversity losses.

When the consultant has calculated the site’s biodiversity value before and after development, the two values can be entered into the latest version of the Defra biodiversity metric which will indicate the improvement needed to make the figures correspond. Then, a minimum 10% increase in biodiversity must be added and the consultant will establish the most effective way to facilitate that. Sometimes further information will be required involving other surveys such as habitat surveys or protected species surveys and the consultant will be able to offer further guidance on this.

Biodiversity net gain mitigation hierarchy

The optimal way to add net gain on a specific site must be calculated according to a biodiversity net gain mitigation hierarchy. Recommended measures may involve creating new habitats for specific creatures on site or providing bird and bat boxes. In some cases, changing land management practices will be recommended to meet bng policy.

The completed bng plan will contain an interactive site map and details of how the survey was carried out, along with further information about the recommended changes to ensure the development proposals meet bng policy requirements.  The plan can be submitted to the local authority alongside an application for planning permission and will be used as the basis for a decision on whether to grant planning permission.

Do you need a biodiversity net gain plan in Cheshire East?

In line with the council’s sustainable development approach, planning applications to Cheshire East Council must be accompanied by a biodiversity net gain plan. When identifying a suitable ecological consultancy to engage to complete a bng plan, it’s prudent to ensure that it employs fully qualified ecological consultants. They should be experienced in completing bng surveys for the local authority.

The expert advice in their biodiversity net gain assessment will clarify the optimal route to improve biodiversity on your site, allowing you to achieve planning consent for your development plans.