How will planning applications be affected?

What types of planning applications will be caught?

Most planning applications for the above developments will be subject to the requirement.

The Government proposes that developers will need to have a strategy for delivering net gain across the whole site for outline and phased schemes. This will set out the key principles to be followed through to detailed design, targets for phasing percentage gain (to include ‘frontloading’) and what will happen if later phases do not proceed or fail to deliver.

It is proposed that the net gain condition imposed on the original permission (and any approved BNG Plan) will continue to apply in respect of s96A or s73 variations. However, for the latter, if the changes affect the post-development biodiversity value, a new BNG Plan will be required using the baseline of the original scheme.

There may be discretion for minerals planning authorities considering minerals applications. It is proposed that net gain should not apply to reviews of old mineral permissions (ROMPs).

What will planning applications require?

For planning applications, information to be provided will include the pre-development biodiversity value, steps taken to minimise adverse impacts, the approach taken to enhancing biodiversity on-site and any off-site arrangements or plans including credits.

The LPA can consider the imposition of conditions, s106 planning obligations or conservation covenants – models are proposed to be worked up to secure net gain. The full BNG Plan will be required before commencement, although it could be submitted with the planning application for approval. A working draft template plan is provided in the consultation.

Is the 10% net gain fixed?

The Government intends to allow authorities to set a higher percentage than 10% at local or site level, which would introduce unwelcome uncertainty for developers. The Government suggests this should be “made clear at any early stage in the planning or development process”. At the least, this should be through an adopted development plan - an ability to simply impose arbitrary thresholds on receipt of an application should be unacceptable.

When must on-site net gains be delivered?

It is proposed that on-site gains are achieved within 12 months of commencement or before occupation. Any delay should be reflected in the metric calculation, so that more enhancement is required overall.