This document summarizes an event hosted by the Planning Advisory Service (PAS) on implementing biodiversity net gain (BNG) for local authority officers. The agenda included introductions, updates on BNG policy from Defra and Natural England, and presentations from Sutton and Wiltshire Councils on their BNG processes. Participants discussed BNG implementation challenges in breakout groups. The event provided a forum for local authorities to share knowledge on preparing for the mandatory 10% BNG requirement coming into force in November 2023.

1. March 2021 local.gov.uk/pas
PAS Biodiversity Net Gain: the essentials
for officers
8 November 2022

2. local.gov.uk/pas
BNG the essentials for officers
• We have a lot of people in the ‘room’ so you are muted to start
• Questions in the Q&A please
• Please ‘like’ or thumbs up questions you want to ask, rather than repeating
the same question
• We may not get round to all your questions, but will add answers to our
biodiversity net gain FAQs page where relevant
• You can also use the ‘chat’ function, e.g. if you have technical issues, or
email Meg: megan.kidd@local.gov.uk
• We will be using polls, so please answer these
• This event is being recorded. We will pick the best of the two event repeats
and put slides and the recording will be up on our website after the 8th.

3. local.gov.uk/pas
Agenda
1. Introduction and housekeeping
2. BNG in development management now and in
November 2023
Beccy Moberly, PAS
3. Defra and Natural England update Catherine Duggan, Defra
Nick White, Natural England
4. Biodiversity Net Gain in Sutton David Warburton & Rosie Whicheloe,
London Borough of Sutton
5. Biodiversity Net Gain in Wiltshire Rachel Jones, Wiltshire Council
6. Q&A
7. Break-out rooms
8. Feedback from break-outs, summing up and next steps
Finish at 11.30

4. local.gov.uk/pas
Planning Advisory Service (PAS) and BNG
• PAS is part of Local Government family, Team
of 14
• Funded by DLUHC to support English
planning authorities (LPAs)
• Wide programme, including in 2022/23: design,
developer contributions, Local Plans,
Environmental Outcome Reports &
development management designation
• Environmental planning a recent addition,
covering nutrient neutrality, nature recovery
and biodiversity net gain
• Poll: have you been to a PAS event before?

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2. BNG in development management now
and in November 2023
Beccy Moberly

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National Planning Policy Framework
8 & 32: the environmental objective of sustainable development
174: Planning policies and decisions should contribute to and
enhance the natural and local environment by:
d) minimising impacts on and providing net gains for biodiversity,
including by establishing coherent ecological networks that are
more resilient to current and future pressures
180: When determining planning applications, local planning
authorities should apply the following principles:
d) development whose primary objective is to conserve or enhance
biodiversity should be supported; while opportunities to improve
biodiversity in and around developments should be integrated
as part of their design, especially where this can secure
measurable net gains for biodiversity or enhance public access
to nature where this is appropriate.
Also Natural Environment Planning Practice Guidance (PPG)

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• Amends Town & Country Planning Act (TCPA)
• Minimum 10% gain required calculated using Biodiversity
Metric & approval of net gain plan
• Habitat secured at least 30 years via obligations/ conservation
covenants
• Delivered on-site, off-site or via a new statutory biodiversity
credits scheme
• National register for net gain delivery sites
• Does not change existing legal protections for important
habitats and wildlife species
• Maintains mitigation hierarchy of avoid, mitigate, compensate
• Will apply to Nationally Significant Infrastructure Projects (NSIPs)
but not marine development (yet)
Key components of mandatory BNG

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Biodiversity net gain consultation, Spring 2022
• Core biodiversity gain information must be provided with planning application
• Pre-commencement condition - the biodiversity net gain plan must be
approved by the LPA before development can begin
• ‘Significant’ on-site and all off-site habitat enhancement secured via planning
condition, obligation or conservation covenant
• Exemptions:
– Developments impacting habitat area below a minimal threshold
– Householder applications
– Change of use applications
• Small sites:
– Possible extension to the 2-year transition period
– Simplified metric – small sites metric is already available

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BNG consultation Figure 2: summary process diagram

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Planning application process with BNG

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Planning appeal decisions on BNG
• Inspectors’ reasoning based on current policy, i.e. NPPF and Local Plan policies.
NPPF does not set a measure or target for BNG.
• Environment Act seen as a material consideration, but recognising that we await
secondary legislation, so 10% gain is not yet law and therefore not applicable if
there is no level for BNG set in local policy, e.g. APP/Y0435/W/20/325112,
APP/X1118/W/21/3283943
• If Local Plan policy doesn’t set out a specific level of BNG, any gain is
satisfactory, e.g. only a 1% net gain is sufficient to meet policy requirements in
APP/X1118/W/21/3283943
- May even mean that the Inspector takes biodiversity enhancements for species,
rather than BNG measured via the metric, into account in determining if an
overall gain has been achieved, e.g. APP/P0240/W/20/3263820 where 2009
adopted Core Strategy doesn’t mention BNG and draft Local Plan (now adopted)
refers to delivering a net gain in biodiversity but no measure or target.

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Options for starting now if BNG isn’t in
your Local Plan policy
• Local information requirements, e.g. Dorset
Biodiversity Appraisal Protocol, Salford City Council
• Guidance for developers, e.g. Cheshire West and
Chester Council
• Technical Advice Note, e.g. Lewes & Eastbourne
• Asking for a BNG assessment using the Biodiversity
Metric at pre-application stage for major
development, e.g. Stockport City Council

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Mandatory BNG for phased and minerals development
• Biodiversity gain information will be submitted at application stage for outline planning
and phased development
• Overall strategy for delivering BNG across the whole site and phase-by-phase covering:
– key principles to be followed
– how BNG delivery will be tracked on a phase-phase basis
– approach to be taken if subsequent phases do not proceed or fail to deliver BNG
– mechanism to link the framework plan to subsequent applications
• Pre-development biodiversity value agreed and used as basis for detailed proposals
through subsequent applications
• Biodiversity gain plan submitted prior to commencement of each phase
• Additional discretion or considerations to apply for minerals biodiversity gain plans,
accompanied by guidance

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3. Defra and Natural England update
Catherine Duggan, Defra BNG Team

16. Biodiversity net gain
• During the transition period, Defra and other are working on several areas.
• These include:
• Development and passage of secondary legislation.
• Publication of a Biodiversity Metric.
• Development of the systems required to support BNG; for example to handle the sales of
biodiversity credits and manage the registration of offsite mitigation
• Skills and capacity – development and publication of guidance, tools and support for sectors
implementing BNG. For example, consulting on a standard template for the biodiversity net gain
plan.
• Monitoring, evaluation, assurance and reporting – setting up an evaluation and monitoring
framework to monitor, evaluate, assure and report on BNG; development of templates for capturing
monitoring data.
16

17. • We are undertaking work to assess LA requirements to be able to implement BNG successfully:
• ALGE/ADEPT review project - Published
• Surveyed LPAs on a range of questions relating to capacity and skills for BNG and LNRS
• Published on Defra Science Search – Project NR0183
• New burdens
• Initial £4.18M dispersed earlier this year.
• Assessment looking at burdens in the remainder of the transition period and from Nov
23 onwards in line with new burdens doctrine.
• PAS (Planning Advisory Service)
• Delivering training and guidance products
• Guidance
• Scoping work underway; considering interaction with other existing guidance products;
aiming to test guidance with users
Capacity and skills

18. What’s next?
• Writing and testing guidance
• Statutory instruments
• Consultation responses
• Engaging supply and demand-side
stakeholders
• Digital – register creation and development of
a platform to sell statutory biodiversity credits
• New burdens process
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4. Biodiversity Net Gain in Sutton
David Warburton, Senior Biodiversity Officer
Rosie Whicheloe, Biodiversity Net Gain Officer
London Borough of Sutton

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5. Biodiversity Net Gain in Wiltshire
Rachel Jones, Ecology Manager
Wiltshire Council

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6. Questions and answers
• Please submit your questions through the Q&A
• We will answer as many as we can today
• We will add answers to FAQs on the PAS website

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What are you doing now?
Q1. Have you started
determining planning
applications with BNG?
Q2 How confident are you
that your local authority
can be ready to deliver
BNG in November 2023?
(1 = not at all confident / 5
= very confident)
Please answer the polls – pop-up or in the chat

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7. Break-outs
30 minutes discussion

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Break-out rooms
• Two ‘urban’ / two ‘rural’ rooms – stay in this room for ‘urban’ or click on the link in
the chat for ‘rural’ and we will assign you into a room.
• If you’re going to ‘rural’ don’t leave this meeting – you will just be on hold here.
• 30 minutes to discuss further and share thoughts, ideas, issues and solutions
– How do you feel about determining planning applications with BNG?
– What did you think about what LB of Sutton/Wiltshire C are doing?
– What are you doing in your area?
– What issues are you facing? What solutions have you found?
– What do you want to know more about?

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8. Feedback
Feedback from break-out rooms
Summing up and next steps

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Summing up & next steps
What do you think?
How did we do?
Next steps:
• Officer events on policy & strategy and insights on nature recovery
• Answering outstanding questions and adding to FAQs
• Ongoing support on biodiversity net gain and nature recovery through PAS projects
For more information:
• https://www.local.gov.uk/pas/topics/environment
• Sign up to the PAS bulletin: https://www.local.gov.uk/pas/our-work/keep-touch
• Join our BNG practitioner network – email: megan.kidd@local.gov.uk