Mandatory biodiversity net gain - countdown to 12 February 2024

Last week, with the passing of the Environment Act 2021 (Commencement No 8 and Transitional Provisions) Regulations 2024 (SI 2024/4), the government confirmed that mandatory biodiversity gain will come into effect for major development on 12 February 2024. The requirement will apply to all town and planning act development which is not exempt, on which see our Yule Blog here. We also now know that the requirement will come into effect for small sites on 2 April 2024, thanks to the Biodiversity Gain Requirements (Exemptions) Regulations 2024 (SI 2024/47).

12 February 2024 is just over two weeks from now. How prepared is the industry?

There hasn't been as much time as originally promised to work through all the guidance published at the end of November 2023. Importantly, there are still some gaps in our knowledge - whilst most of the guidance on Defra's Biodiversity Net Gain Collection Page is in final form, the Biodiversity Net Gain Planning Practice Guidance (PPG) is still in draft, and it still includes gaps.

What information are we waiting for?

• Updated planning application form - paragraph 008 of the draft PPG says that "The planning application form will be updated to incorporate biodiversity net gain, a draft will be published in due course".
• Model paragraphs for Biodiversity Net Gain Information on the written decision notice - paragraph 023 says that these are "to be published in a separate document" and that "a draft will be published in due course".
• Biodiversity Gain Plan templates for phased development - last but by no means least, the draft PPG refers to additional templates for Biodiversity Gain Plans which are to prepared in relation to phased development - an Overall Biodiversity Gain Plan must be submitted and approved prior to commencement of any development and a Phase Biodiversity Gain Plan must be submitted and approved prior to commencing development of the relevant phase. Paragraph 051 of the draft PPG says that "There is a template for the Overall Biodiversity Gain Plan available to complete which brings together many of [the] matters and information requirements into one document". Paragraph 053 says the same for the Phase Biodiversity Gain Plan. Contrary to these statements, DLUHC have confirmed that Defra is still preparing these templates.

As with everyone in the development industry, we are keenly watching out for the final form of PPG, and the promised forms, model paragraphs and templates, so that we can fully prepare for the 12 February implementation date. Given that the government originally promised the industry six-months' notice of all the information needed to prepare for mandatory BNG, hopefully we won't need to wait much longer.