The Environment Act 2021 and Biodiversity Net Gain

Biodiversity Net Gain: A Transformational Approach

One of the most widely discussed elements of the Environment Act 2021 is biodiversity net gain (BNG). This policy requires developers to ensure that any new development leaves biodiversity in a measurably better state than before. Typically, this means delivering at least a 10% net gain in biodiversity value.

Biodiversity net gain fundamentally changes how land is developed. Instead of simply mitigating environmental damage, developers must actively contribute to improving the natural environment. This can be achieved through on-site habitat, off-site biodiversity projects, or the purchase of biodiversity credits.

BNG also introduces a more scientific and data-driven approach to conservation. By using biodiversity metrics, developers and planners can assess species abundance and habitat quality in a consistent and transparent way.

What Developers Must Do Under the Act

Developers play a central role in delivering biodiversity net gain and meeting the requirements of the act. Under the new legal framework for environmental protection, they must take a proactive and measurable approach to environmental impact.

First, developers are required to assess the existing biodiversity of a site before any development begins. This involves evaluating habitat types and species using the statutory biodiversity metric to establish a baseline level of biodiversity.

Once this baseline is established, developers must demonstrate how their proposals will achieve BNG. This typically involves a combination of on-site habitat creation or off-site compensation.

Developers must also ensure that biodiversity improvements are secured for the long term. In addition, developers are expected to align their projects with local nature recovery strategies.

If you are unsure of how mandatory BNG may affect your planning application, you should contact your local planning authority immediately. They can discuss your development plans in detail and whether they align with BNG.

If they indicate that your development could be significantly impacted, we recommend that you contact an experienced ecologist as soon as possible. Our ecologists can discuss whether your development plans meet the required standards.

At Collington Winter, our team has strong experience completing BNG and will provide guidance throughout the planning process. We can ensure that one of our experienced ecologists visits your development site to create and develop any necessary BNG plans and any required BNG reports.

The Role of Local Nature Recovery Strategies

To support biodiversity net gain and broader environmental goals, the act introduces local nature recovery strategies (LNRS). These strategies provide a spatial framework for identifying priority areas for conservation and habitat creation across England.

Local nature recovery strategies are crucial for aligning development with environmental priorities. They guide where biodiversity enhancements should take place, ensuring that efforts to improve the natural environment are coordinated and effective.

Conservation Covenants and Long-Term Stewardship

Another innovative feature of the Environment Act 2021 is the introduction of conservation covenants. These are legally binding agreements between landowners and responsible bodies, designed to secure long-term environmental benefits.

Conservation covenants ensure that biodiversity improvements are not temporary, supporting sustained enhancements to species and ecosystem health. They reinforce the long-term vision of the act and help embed environmental protection into land ownership.

Are There Any Exemptions Under the Environment Act 2021?

While the Environment Act has introduced a wide-reaching framework for biodiversity net gain, there are some limited exemptions to ensure a proportionate approach.

Small developments and householder applications (such as home extensions) are typically exempt, as are many schemes carried out under permitted development rights. In addition, developments already granted planning permission before biodiversity net gain became mandatory may not be subject to the new requirements.

Despite these exemptions, the wider aims of the act still apply, and developments are encouraged to support improvements to the natural environment.

Frequently Asked Questions About the Environmental Act 2021

What is Biodiversity Net Gain?

Biodiversity net gain is an approach that ensures new developments leave the natural environment in a better state than before, supporting improvements to habitats and wildlife.

Why is the Act important?

The act provides a long-term legal framework for environmental protection, helping to drive improvements in the natural environment and ensure accountability.

How does the Act support the natural environment?

It introduces measures to protect habitats, improve biodiversity, reduce pollution, and promote more sustainable development practices.

What are the main goals of the act?

The main goals include improving air and water quality, protecting biodiversity, reducing waste, and supporting long-term environmental sustainability.

Is the Environment Act 2021 legally binding?

Yes, many of its targets are legally binding, meaning that developers must take action to meet them.

How can Collington Winter assist?

At Collington Winter Environmental, our team of ecologists plays a key role in helping developers and landowners navigate the requirements of the Environment Act 2021 and successfully deliver biodiversity net gain.

With the introduction of a more complex legal framework for environmental protection, many stakeholders require expert guidance to ensure compliance while still achieving development and commercial objectives. We can support the integration of environmental enhancements into project design from an early stage. By doing so, they help clients contribute meaningfully to improving the natural environment while maintaining project viability.

If you are planning a development and would like guidance on biodiversity requirements, contact Collington Winter Environmental today at info@collingtonwinter.co.uk to discuss how we can support your project.