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Wales and Biodiversity Net Gain

Biodiversity net gain (bng) is defined as: `development that leaves biodiversity in a better state than before.’ The Welsh government requires planning applications to show a demonstrable net benefit to the environment before planning permission will be granted.

While sharing the UK’s concerns about the significant loss of biodiversity as a result of development, Wales has adopted a different approach to promoting biodiversity net gain. In England, the Environment Act 2021 introduced the concept of biodiversity net gain, which uses a biodiversity metric to assess the biodiversity value of existing species and habitats. England insists on a 10% increase in biodiversity for new developments by reference to a mitigation hierarchy, with habitats secured for 30 years. As environmental policy is a devolved issue, the Welsh government considers biodiversity enhancement on a case-by-case basis, rather than using a metric.

A Briefing Paper (September 2022) by the Chartered Institute of Ecology and Environmental Management outlines Wales’ approach to biodiversity net gain, which is based on securing meaningful environmental gains. Planning policy Wales wants to see experts brought on board at an early stage in planning applications to create better designs, and while there is no mandatory time length for schemes, as well as seeing biodiversity improvements, local planning authorities want to secure enhancement via a long term management plan.

Legislation relevant to planning policy Wales

In 2016 the Environment (Wales) Act was introduced to manage the natural environment: section 6 requires public authorities to seek to `maintain and enhance biodiversity’ and `promote the resilience of ecosystems’ when it comes to proposed development.

Policy 9 of the national development plan Future Wales focuses on resilient ecological networks and green infrastructure and aims to enhance biodiversity and ecosystem resilience within the planning system.

Strategic Development Plans (SDPs) are also relevant and span several local authority boundaries. Four SDPs cover Wales and developers should consider the relevant SPD plan.

The Well-Being of Future Generations (Wales) Act 2015 requires local and national government and other public bodies to carry out sustainable development to achieve seven goals for Wales to be more prosperous, resilient, healthier, with more equal and cohesive communities, a vibrant culture and a thriving Welsh language while being globally responsible.

Creating plans for enhancing biodiversity

A developer must demonstrate that a scheme would not damage biodiversity but contribute to ecosystem resilience and biodiversity gain. Evidence must be provided regarding future monitoring arrangements for as long as necessary. Nature based solutions are preferred and development proposals should reference strategies such as the Green Infrastructure Assessment to show how they would work in the wider area, and ecological advice may be needed to comply with the Welsh government Net Benefits for Biodiversity (NBB) approach.

When evaluating ecosystem resilience, consideration of measures such as grey water management, sustainable drainage systems, and community space is advised.

Natural Resources Wales and nature conservation

Expert advice can be obtained from Natural Resources Wales (NRW) which monitors the environment and applies these principles to schemes: adaptive management, scale, collaboration and engagement, public participation, evidence, multiple benefits, long-term consequences of actions, preventive action and building resilience. NRW’s framework for evaluating ecosystem resilience is based on five attributes in the Environment (Wales) Act, referred to as the DECCA framework – diversity, extent, condition, connectivity and aspects of ecosystem resilience. Planning Policy Wales instructs local authorities to consider these five attributes when assessing planning applications, and ecologists should adopt a whole system approach when conducting assessments. Developers are advised to consider Area Statements from NRW which detail existing species and habitats in the seven areas covering Wales before making plans.

Enhancing biodiversity

Place based evidence should demonstrate how a scheme will maintain and improve biodiversity value and enhance ecological networks; the step wise approach is to avoid, minimise or mitigate biodiversity loss, and as a last resort, compensate for adverse effects. In cases where the adverse impact outweighs other material considerations, an application will be refused. Seeking advice from local authority design teams and professional ecologists before submitting plans offers the best chance of success by creating a viable master plan for delivering a biodiversity net benefit.

How to deliver a net benefit

Measures include siting bird boxes, habitat creation or improving existing habitats. A site’s long-term on going management should be proportional to the development and contribute to a joined-up approach to creating a resilient ecological network in Wales. Net benefits can involve placemaking initiatives, such as access to green space to promote well-being: local context is important, and developers can reference Local Biodiversity Action Plans to identify key habitats and existing features. While creating on-site gain is the prescribed route, where this proves impossible, off-site gains may be delivered on alternative sites. 

Do you need a biodiversity net gain plan in Wales?

Consulting ecological experts at an early stage will help meet the Welsh Government’s NBB requirements; this underlines the importance of taking a whole system approach to site assessments, which should be considered in terms of biodiversity, geodiversity, historical environment, landscape character, existing habitats and protected areas.

It is important to identify an ecological consultancy with experience in creating bng plans for the relevant local planning authority. Consultants should refer to relevant documents and local strategies such as Local Biodiversity Action Plans, Green Infrastructure Assessments and Wales’ Nature Recovery Action Plan to inform recommendations and provide a long term management plan.

A development scheme that will leave biodiversity in a better condition and deliver a net benefit to the environment will provide the best chance of securing a successful planning application.