The Planning Advisory Service (PAS) commissioned Dentons to create a suite of sample agreements and condition templates to facilitate securing biodiversity gains in the various ways allowed for by the Town and Country Planning Act 1990. These templates have been updated and we have added a NEW template for securing biodiversity net gain for developments that will be carried out in phases. This is the presentation used in our launch Event Webinar: We shall be running through the key updates and providing a short training session on the phased development template on Thursday May 8th 1-2:30pm

1. BNG legal agreement templates:
updates & new phased development
template
Martin Hutchings (PAS)
Grace Pinault (Dentons)
Roy Pinnock (Dentons) 8th
May 2025

2. Dentons & Planning Advisory Service
BNG Templates: Updates and New
Phased Development Template
May 2025
Grow | Protect | Operate | Finance

3. Introduction
Grace Pinault
Roy Pinnock
Associate, Real Estate Planning
Partner, Real Estate Planning

4. (
Today’s Session
1. Introduction
2. Overview of Existing Resources
3. Updates to Existing Resources
4. New BNG Template Condition for Phased Development
Statutory conditions for phased development
Two template options
5. Questions

5. Existing Resources
​
Overview

6. 6
Scenarios
Development delivering BNG onsite only
Development securing BNG onsite and offsite
Habitat Banking

7. 7
Existing Templates
Condition to secure onsite BNG (non-phased)
s.106 agreement for onsite BNG
s.106 for a development securing BNG onsite and offsite
Habitat bank s.106 agreement

8. Updates to Existing Resources
​
What have we changed?

9. 9
Why did we update?
Launch
template
resources
Feedback
and
questions
received
Consider
whether
amendments
would be
beneficial
Amend
resources

10. 10
Why did we update?
Launch
template
resources
Feedback
and
questions
received
Consider
whether
amendments
would be
beneficial
Amend
resources
Previous versions of
the templates are still
legally compliant

11. 11
Changes Made: Onsite Condition
• Removal of the requirement
to give notice of completion of
the HMMP works (para 2.2)
because completion report is
required (para 2.3).
• Edits for readability and
conciseness.

12. 12
Changes Made: Onsite Legal Agreement
• Schedule 2 para 4 Owner’s
Covenants: Three options for
the payment of the monitoring
contribution.

13. 13
Changes Made: The Habitat Bank
Agreement (1)
 Land vs BNG Units - Removing
the concept of BNG units from the
agreement and changes to
defined terms and associated
drafting notes to effect this
change: Area Habitat Land (Page
2); BNG Capacity (Page 3);
Hedgerow Length (Page 5), and
Watercourse Length (Page 8).

14. 14
Changes Made: The Habitat Bank
Agreement (2)
 Schedule 2, para 5 Biodiversity Gain Land Monitoring Contribution – Additional options for the payment
of the monitoring contribution (Reflects onsite legal agreement)
 Schedule 2, para 1 Implementation of the Habitat Management and Monitoring Plan – Requiring the
implementation of the HMMP within 12 months of first Allocation instead within 12 months of Registration.
Updating and extending the associated Drafting Note to explain the requirements to register land as a
biodiversity gain site and including information on guidance relating to when habitat creation and
enhancement works should be completed.
 Schedule 2, para 2 Allocation – Amending the Drafting Note for clarity to better explain the restrictions on
the operator’s ability to allocate unregistered BNG Capacity (to prevent the possibility of BNG Capacity to
be sold twice).

15. 15
Changes Made: The Habitat Bank
Agreement (3)
 Schedule 2, para 3 Biodiversity Gain Site Register – Requiring registration of the biodiversity gain site
as soon as reasonably practicable rather than upon first Allocation. Inclusion of new associated Drafting
Note.
 Schedule 2, para 8 Variation Event - Amending the provisions relating to 'reassessment of the BNG
Capacity' so the consequence of a Variation Event is to agree changes to the HMMP for un-Allocated
BNG Capacity rather than "recalculate" any remaining BNG Capacity. Changes to Variation Event
definition to give effect to these changes (Page 7-8).
 Other general amendments for clarity or tidiness.

16. 16
Changes Made: Offsite Legal Agreement
(hybrid)
• Amendments to the Habitat Bank Legal
Agreement are reflected on this
template.

17. Phased BNG Template Condition
​
Phased Development

18. 18
The statutory conditions for phased
development
Schedule 7A TCPA is modified by
Biodiversity Gain (Town and Country
Planning) (Modifications and
Amendments) (England) Regulations
2024
These rules only apply to:
• outline planning permissions where the
reservation of matters for subsequent
approval has the effect of requiring or
permitting development to proceed in
phases; and
• the grant of any kind of permission
subject to conditions having that effect.

19. 19
The statutory conditions for phased
development
Development may not be begun unless:
(a) either:
(i) a biodiversity gain plan for that overall development has been submitted to the planning
authority; and
(ii) the planning authority has approved that plan;
(b) or:
(i) a biodiversity gain plan for the overall development has been approved;
(ii) permission has been granted on an application made under section 73; and
(iii) the earlier biodiversity gain plan for that overall development is regarded as approved
under section 73(2C) and (2D) for the purpose of the permission granted under section 73.
•All references to section 73 or its subparagraphs refers to section 73 of the Town and Country Planning Act 1990.

20. 20
The statutory conditions for phased
development
No phase of development may be begun unless the following has been met in respect of
that phase:
(a) either:
(i) a biodiversity gain plan for that phase has been submitted to the planning
authority; and
(ii) the planning authority has approved that plan;
(b) or:
(i) permission has been granted on an application made under section 73; and
(ii) an earlier biodiversity gain plan for that phase is regarded as approved under
section 73(2C) and (2D) for the purpose of the permission granted under section
73.

21. 21
The statutory conditions for phased
development
Where permission has been granted on an application made under section 73, no further
development of a phase which has been begun may be carried out pursuant to that permission
unless:
(a) either:
(i) a biodiversity gain plan for that phase has been submitted to the planning authority;
and
(ii) the planning authority has approved that plan;
(b) or:
(i) permission has been granted on an application made under section 73; and
(ii) an earlier biodiversity gain plan for that phase is regarded as approved under
section 73(2C) and (2D) for the purpose of the permission granted under section 73.

22. 22
The statutory conditions for phased
development
Phase 3
Biodiversity
gain plan
condition
Phase 2
Biodiversity
gain plan
condition
Phase 1
Biodiversity
gain plan
condition
Overall biodiversity
gain plan condition
securing sitewide BNG
Needs to set out
approach for each
phase but will be
treated as indicative
Submitted with
reserved matters
application or after RM
approval.

23. 23
The statutory conditions for phased
development

24. 24
Existing Templates
Condition to secure onsite BNG (non-phased)
s.106 agreement for onsite BNG
s.106 for a development securing BNG onsite and offsite
Habitat bank s.106 agreement

25. 25
Phased Condition Template Option 1
• Mirrors the original PAS onsite template
resource but secures mandatory BNG by
phase.

26. 26
Phased Condition Template Option 2
• The second option secures BNG where
a decision maker wishes to exercise
sitewide control in a masterplan/
framework strategy where BNG may be
one of the elements of that strategy but
not the defining purpose.

27. 27
Phased Condition Template – Key
requirements

28. Questions?