RTPI Webinar: Biodiversity Net Gain: Navigating the Process | Key Takeaways
9 Dec 2024 | 8 min read
Biodiversity Net Gain (BNG) offers planners in England a significant opportunity to restore and enhance habitats but introduces challenges, risks, and additional responsibilities within an already stretched planning system. This webinar, hosted by Royal Town Planning Institute (RTPI), delves into the current BNG policy landscape, digital approaches, and key challenges, emphasising monitoring and enforcement.
A panel of 3 expert speakers bring diverse perspectives and practical insights to the discussion. Let’s dive deep into the takeaways from each speaker.
Part 1: Exploring Biodiversity Net Gain with Lauren Weller, Senior Ecologist at AiDASH
Lauren Weller, Senior Ecologist at BNGAI by AiDASH, provided a deep dive into the principles, processes, and practicalities of BNG, along with a case study demonstrating its application.
What is Biodiversity Net Gain?
Biodiversity Net Gain (BNG) is a development approach designed to leave biodiversity in a measurably better state than before. Unlike traditional methods that often lead to biodiversity loss, BNG mandates at least a 10% net gain in natural habitats post-development, though some local policies may require higher percentages. Underpinned by statutory metrics developed by Defra, BNG became mandatory in January 2024 through the Town and Country Planning Act 1990, with additional milestones for small sites and nationally significant infrastructure projects.
Key Features of BNG
- Legal Framework:
a. Secured through Section 106 agreements and managed for 30 years.
b. National register records all BNG sites and their units. - Scope:
a. Does not replace existing ecological and environmental requirements but complements them.
b. Certain projects and sites are exempt, including small-scale developments and high-speed rail projects. - Core Principles:
a. Integrates biodiversity early in the planning process.
b. Enforces the mitigation hierarchy: avoid, reduce, restore, and offset impacts.
c. Mandates enhancement, creation, and retention of habitats, measured against a pre-development baseline.
BNG Metrics and Multipliers
BNG metrics evaluate biodiversity through three main unit types: area habitats, linear features (hedgerows), and watercourses. Calculations consider:
- Type and distinctiveness: The ecological value of a habitat.
- Condition: Its health and functionality.
- Strategic significance: Alignment with local nature recovery strategies.
Post-development scores account for time to target condition, difficulty of restoration, and proximity to the original site, ensuring ecological decisions prioritise sustainability.
Implementation and Monitoring
BNG requires comprehensive ecological surveys, baseline mapping, and long-term monitoring to track progress. Developers must present deliverables such as pre-and post-development maps, metric tools, and compensation plans during the planning process. Flexibility exists for deviations, provided they are ecologically justified and approved by local planning authorities.
Case Study Insights
Lauren highlighted a real-world example to demonstrate BNG in action, showcasing how remote sensing technology aids long-term monitoring and ensures compliance with ecological goals.
Part 2: Bridging the Gaps in Biodiversity Net Gain Implementation with Dan Slade
Daniel Slade, Head of Practice & Research at the Royal Town Planning Institute (RTPI), recently shared insights on BNG, addressing challenges and opportunities in its implementation. Below are key takeaways from his talk.
- Addressing the governance gap
A critical challenge in BNG is the “governance gap,” the disconnect between policy commitments and real-world outcomes. While BNG aims to integrate ecological considerations into planning, weak enforcement mechanisms and applicants circumventing requirements hinder effective implementation. Early studies reveal only a small fraction of planning applications adhere to mandatory BNG requirements. - Resourcing challenges in planning
Under-resourcing in local planning authorities significantly undermines the success of BNG. Chronic staffing shortages—exacerbated by the loss of 25% of public sector planners between 2013 and 2020—have left many councils struggling to meet even basic planning needs. Enforcement, often labeled the “Cinderella” of the planning system, is particularly affected. - Market-led vs. Plan-led approaches
Daniel critiqued BNG’s reliance on a market-driven approach, which prioritises cost efficiency over ecological or social needs. Investments in offsetting sites often fail to target areas most in need of ecological recovery, undermining the policy’s intended impact. He advocates for a plan-led approach, integrating strategic ecological considerations into broader development frameworks. - The need for integration and strategic planning
Effective BNG implementation requires better alignment across existing environmental strategies, such as river catchment management plans, air quality plans, and local nature recovery strategies. RTPI proposes a unified “local environmental plan” model, which would streamline and enhance decision-making across environmental and planning priorities. - Strengthening monitoring and accountability
Robust monitoring systems are vital to ensuring BNG’s long-term success. Daniel highlighted ongoing research from institutions like the University of Oxford and the University of Birmingham, which examines the effectiveness of BNG interventions. Transparency in data and a focus on measurable outcomes are essential for building confidence in the system.
Part 3: Enforcing Biodiversity Net Gain: A Practical Perspective from Olivia Stapleford
Olivia Stapleford, Planning Compliance & Enforcement Team Leader at Buckinghamshire Council, highlighted the critical role of enforcement in ensuring compliance with BNG regulations. Drawing on her extensive experience, she explored how planning authorities can address enforcement challenges while sharing insights from real-world practices.
Understanding the Basics of BNG Enforcement
Stapleford began by breaking down the enforcement mechanisms tied to BNG compliance. She outlined two primary approaches:
- Planning Conditions – Monitored through the usual enforcement process, including assessments for significance, breaches, and potential actions like issuing a Temporary Stop Notice.
- Section 106 Agreements – Legal agreements with embedded monitoring fees that help fund proactive compliance checks.
These mechanisms often rely on public reports of breaches, given the limited resources within Local Planning Authorities (LPAs) to proactively monitor compliance.
Key Compliance Considerations for LPAs
Stapleford emphasised several factors that LPAs must manage to ensure compliance:
- Defining Significant vs. Non-Significant BNG: LPAs must establish thresholds to determine which developments require active monitoring. While this can reduce resource burdens, it may also complicate reporting accuracy.
- Mandatory Reporting: Starting in 2026, LPAs will be required to report on BNG compliance every five years, adding a layer of accountability.
- Commencement Notices: Upcoming tools like mandatory commencement notifications from developers could aid in tracking pre-commencement conditions.
Enforcement in Practice: Real-World Challenges and Approaches
Stapleford drew parallels between enforcing BNG conditions and existing practices, such as Sustainable Drainage Systems (SuDS). Key takeaways included:
- Risk to Developers: Breaching pre-commencement conditions can result in severe consequences, such as invalidating planning permissions.
- Enforcement Tactics: Tools like Temporary Stop Notices can pause developments, allowing conditions to be met retroactively.
- Long-Term Monitoring: Breaching ongoing conditions (e.g., 10- or 30-year reporting) could lead to enforcement notices or prosecutions.
She also pointed out the value of learning from Minerals and Waste Monitoring Regimes, which are funded through statutory and non-statutory fees, providing a potential model for proactive BNG compliance.
Navigating Limited Resources
Acknowledging the chronic under-resourcing of enforcement teams, Stapleford urged LPAs to:
- Collaborate with In-House Ecology Teams: Strengthen expertise and share resources for more effective enforcement.
- Focus on Expediency Assessments: Carefully weigh the benefits of enforcement actions against available resources.
- Adopt a Proactive Mindset: By breaking down conditions into manageable steps and fostering negotiation with developers, enforcement teams can play a crucial role in implementing BNG.
Need help with BNG?
If you’re looking for a solution that can help streamline your BNG application process, BNGAI™ by AiDASH is designed for you. BNGAI™ is an end-to-end BNG planning and management platform, that offers ecologist-validated plans ready for submission to your local planning authority, covering habitat surveys to post-intervention biodiversity net gain. Learn more about BNGAI™ now!
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