Developer Friendly Advice on BNG - What you need to do and when?
The 12th February mandatory deadline for BNG has now passed. New planning applications in England will need a BNG solution.
We’re here to help developers and associated industries (planning consultants, ecologists, architects etc) navigate the new Law and secure a solution for BNG that understands your commercial requirements.
This month we’re providing our latest guidance and advice, plus hosting a BNG Webinar to go through these points and help educate you on BNG and what your options are.
BNG Guidance - What you need to do and when?
1. When securing a new site, developers should now factor BNG into their budgeting process. It is advisable to include an Ecologists site review as part of this to understand potential risks and costs. In the webinar we can talk through this and some good advice for developers on how to navigate this, including negotiations with landowners.
2. Developers need to choose BNG Solution from ‘Onsite BNG’ (very hard to deliver given 10% BNG), Offsite BNG Units (secured via us), Credits of Last Resort (these are expensive and if not local may require you need to pay double as well). We can advise on this, but in tandem with ecologist and planning consultant. A good provider (like us) will also help you fill in the DEFRA Metric.
3. Developers should go into planning with a solution in mind for development and ideally Heads of Terms agreed with solution provider and a deposit paid to secure units and price (recommended).
4. Offsite BNG Providers should provide proof of their Section 106 or Conservation Covenant. Otherwise you risk them not being able to fulfil the units.
5. Complete your BGP Plan - After planning is granted a developer is required to submit a Biodiversity Gain Plan to get a unique reference number from the unit provider. At this point the Unit Provider Retires the Units from the DEFRA register. This can happen no earlier than the day after planning permission and must be completed prior to the commencement of development (BNG Unit providers will have their own requirements on when payments must be made).
6. As part of completion developers should look for the following documentation
- 30 year Habitat Management Plan (specific to units being acquired) ✅
-Section 106 with LPA (provides formal assurance of right to sell units, plan and obligations in place to deliver, overseen by LPA) ✅
-Commercial BNG "Supply & Assurance" Agreement (bi-lateral with developer) ✅
-DEFRA Habitat Unit Register Assignment ✅