8 key BNG updates you need to know for NSIPs:
1. Flexibility on habitats to include in your baseline
The baseline must include habitats negatively impacted (temporarily or permanently) by the development and habitats used to contribute towards BNG within the order limits, but can exclude unimpacted habitats. Where the final project location or construction area is undetermined, the baseline should represent the realistic worst-case extent of negative habitat impact.
2. Accounting for development on registered biodiversity gain sites
The projected size, type and condition of habitats (i.e. post-intervention habitats) as recorded on the register should be used as the baseline for that land.
3. Inclusion of an outline biodiversity gain plan in DCO applications
An outline biodiversity gain plan must be submitted to the Planning Inspectorate as part of your Development Consent Order (DCO) application. This should include proposed use of any on-site gains, off-site gains, and statutory biodiversity credits, with a schedule ensuring all final gains are secured before the operation of the project at the latest.
4. Providing a BNG boundary plan in your outline biodiversity gain plan
The plan should show the entire order limits with the BNG boundary overlaid, differentiating habitats that are negatively impacted, unimpacted (stating inclusion or exclusion from baseline) and contributing to BNG.
5. Updating or phasing biodiversity gain plans
If during scheme design development or phasing there is a change in the habitats that will be negatively impacted and habitats contributing towards BNG, the baseline should be updated accordingly and supported with evidence (e.g. updated works plans, engineering drawings, impact prevention measures).
6. All on-site BNG is considered significant
All on-site habitat creation and enhancement contributing to BNG (except for the purpose of reinstatement) is considered significant and must have a Habitat Management and Monitoring Plan (HMMP) and legal agreement in place for the maintenance of the habitats for at least 30 years.
7. Using surplus on-site BNG
Where development delivers over 10% BNG, additional gains can be legally secured, registered and allocated as off-site gains for another development. Adoption of this approach must be confirmed in your outline biodiversity gain plan and location of excess gains identified in the BNG boundary plan.
8. Securing off-site BNG prior to commencement
You should secure as many biodiversity units as can reasonably be secured prior to development commencement, only leaving any final shortfall where there is substantial uncertainty in the exact scale or type of habitats that will be impacted.
How Bidwells can help
We can support your biodiversity gain plan by:
- identifying an off-site BNG solution from our extensive network of habitat banks
- providing confirmation of habitat bank capacity and ability to meet trading rules
- developing an Option Agreement for you to reserve biodiversity units
We provide tailored Option Agreements to align with your development timeline and any phasing, as well as providing flexibility in the quantity and type of biodiversity units reserved, so you only purchase the units you need when you need them.
Where your development delivers surplus BNG, we can support with the development of the HMMP and legal agreement, as well as marketing and sale of biodiversity units to other developments. We can also advise on suitable parties to deliver the physical works and ongoing management, including negotiating appropriate contracts and payment structures, which is integral to the success of an environmental scheme.
