Natural environment and biodiversity

What is biodiversity?

The word biodiversity comes from the term ‘biological diversity’. It refers to the variety of all living organisms, including animals, insects, plants, bacteria and fungi.

What is biodiversity net gain?

Biodiversity net gain (BNG) is where new developments (and land management) have to leave the natural environment in a measurably better state than it was beforehand.

BNG will be mandatory for major developments – those providing 10 or more dwellings, over 1,000 sq.m. of floorspace or a site area of 0.5 hectares – from 12 February 2024, and on small sites from 2 April 2024. Specific forms of development including household extensions and alterations are exempt.

BNG can be achieved on-site, off-site or through a combination of on-site and off-site measures. The value to be gained through the delivery of more or better natural habitats must be demonstrated by using the Defra biodiversity metric.

Where BNG cannot be delivered on site, any off-site compensation should be agreed with Pendle Council. A monitoring fee will be payable to Pendle Council where the delivery of compensatory BNG measures take place off-site (for example on third party land, or through the purchase of Biodiversity Credits). The amount payable will be 10% of the BNG sum agreed and be in addition to that sum.     

Biodiversity Net Gain does not replace or mitigate the affects of development on protected sites or species, and irreplaceable habitats. Existing policies and protections continue to apply and will be assessed in parallel to BNG requirements.  

Guidance for developers?

From 2 April 2024, almost all new development will be required to achieve a minimum net gain of 10% for biodiversity. We've produced guidance for developers to show:

• the level net gain currently expected in Pendle
• the written information to be submitted with a planning application, to help us assess net gain
• the measures to be followed if a 10% net gain for biodiversity cannot be achieved on site

Applications with insufficient information relating to BNG will not be validated. Where applicants do not follow the government guidance on BNG, or fail to use the Defra biodiversity metric to demonstrate how BNG will be achieved in a measurable way, a significant delay to the processing of their planning application may occur.

Before development can commence, a Biodiversity Gain Plan will be required to be submitted to the Council in writing for approval. Proposals outlined within the Biodiversity Gain Plan will be secured by condition or legal agreement, including measures to ensure the maintenance of new habitats for a minimum period of 30 years. The failure to implement the Biodiversity Gain Plan as approved may result in enforcement action.

Biodiversity Net Gain validation consultation

To help with BNG applications we have produced a draft BNG validation list. We want to know if you agree with the validation and if not, why? We would also like your suggestions on what the validation process should involve.

• Have your say on the BNG validation list.

The Biodiversity Net Gain Consultation asks two questions so will be quick and straightforward for you to reply to.

The deadline for Comments is midnight Sunday 28 April.

Householders

Most ‘householder applications’ (small extensions or alterations to a domestic property) will not be required to achieve a net gain for biodiversity through use of the Defra biodiversity metric. They will be expected to show general biodiversity enhancements through the provision of integral bat roosting and bird nesting features (e.g. bat boxes, swift bricks etc.).

Biodiversity Duty

As required by Section 102 of the Environment Act 2021 we have considered:

• What actions the Council takes to conserve and enhance biodiversity
• How the current actions for biodiversity are recorded and published
• How we currently promote our actions on biodiversity
• Appropriate actions to improve our policies, objectives and reporting on biodiversity

Our findings are summarised in the Biodiversity Duty First Consideration Draft Report.

Additional resources

• Natural England - Biodiversity Net Gain brochure
• Chartered Institute of Ecology and Environmental Management (CIEEM) - Biodiversity Net Gain: Principles and Guidance
• Construction Industry Research and Information Association (CIRIA) – Biodiversity net Gain: Good Practice Principles for Development
• British Standards Institute – Little Book of Biodiversity Net Gain