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Home / Expertise / Sectors / Transport and Infrastructure / Biodiversity Net Gain / Biodiversity Net Gain questionnaire
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Biodiversity Net Gain questionnaire

Biodiversity Net Gain, or BNG, is a new obligation that applies to most planning applications and will apply to DCOs from November 2025. Developers are required to improve biodiversity by at least 110% compared with what is being lost by the development.

What is Biodiversity Net Gain and how to prepare for it?

Since the start of April 2024, the Biodiversity Net Gain (BNG) obligation has applied to most planning permissions and will do so for all development consent orders (DCOs) from November 2025. BNG is a new mandatory condition that must be attached to all planning permissions , where any habitat lost by the development must be replaced with enhanced habitat elsewhere. The main principle of the approach is to assess the ecological value of the habitat that will be lost to development (calculated by a metric developed by Natural England) and implement measures to enhance biodiversity elsewhere, such that they will deliver a minimum of a 10% net gain over time. There must be a commitment to maintain the new habitat in its target condition for at least 30 years.

Some local authorities may have stricter policies than the statutory minimum of 10% net gain. You can check your local authority’s BNG policies via our table which contains links to England’s 317 local councils’ and 10 national park authorities’ references to BNG.

Full details of the new regime are set out in Schedule 7A of the Town and Country Planning Act 1990.

BNG Questionnaire

Does mandatory Biodiversity Net Gain apply to my project?

Disclaimer: This tool is not intended to give definitive advice or to be acted upon in isolation.

Are you making a planning application or getting permission some other way?

Planning Application

Some other way

Is it a householder application?

i

For the definition of “householder application”, please click here.

Yes

No

Is it to create a biodiversity gain site?

i

For the definition of “biodiversity gain site”, please click here.

Yes

No

Are you applying for temporary permission and the loss of habitat will be fully restored within two years?

Yes

No

Is it exclusively for self-build or custom build residential development?

i

For the definition of “self-build or custom build”, please click here.

Yes

No

Is it for fewer than 10 dwellings and the red line boundary is less than 0.5 hectares?

Yes

No

You must work out the habitats present on the site.

Do the following all apply: there is no priority habitat impacted; there is less than 5m of hedgerow impacted; there is less than 5m of watercourse impacted; and there is less than 25sqm of habitat of non-zero distinctiveness impacted?

“Impacted” means its score in biodiversity units will be reduced by the development. For the definition of “priority habitat”, please click here to download the documentation.

Yes

No

Mandatory BNG does not apply yet

Disclaimer: This tool is not intended to give definitive advice or to be acted upon in isolation.

Please feel free to get in touch to instruct us to provide you with legal advice on the BNG regime using the form below.

BNG Questionnaire v2

Use the buttons below to find out what opportunities and implications lie ahead.

WHY CHOOSE BDB PITMANS FOR BNG ADVICE?

  • 1 We are recognised as leading experts and have consistently achieved independent recognition for our expertise in planning, agricultural and rural affairs, and environmental law.

    • The firm is highly ranked by Chambers & Partners for Planning and Agriculture & Rural Affairs
    • Various members of our team are also individually ranked by Chambers for their expertise in Planning and Agriculture & Rural Affairs
    • We are also highly ranked by the Legal 500 for Real Estate – Planning, Real Estate – Environment & Planning, and Real Estate – Environment
    • Partner and Planning specialist Angus Walker is recognised by the Legal 500 and Chambers & Partners as a Leading Individual in the field of planning.
    • Angus Walker is also one of the UK’s leading experts on Development Consent Orders

  • 2 We are a full service firm that can offer a holistic view of these complex matters

    Our expertise covers areas including planning, environmental law, agriculture and rural affairs, commercial law, and dispute resolution. We can support you with all your legal requirements in relation to BNG, plus your wider personal and business interests.

  • 3 We offer commercial advice deeply rooted in the realities of the rural sector

    Every decision you make needs to make sound commercial sense. Our BNG lawyers understand this, so our advice will also have a strong commercial slant drawing on decades of our experience advising landowners and rural businesses.

    We can help you make the most of the new regime’s opportunities while protecting your personal connection to, and financial investment in, your land.

Speak to our BNG lawyers to find out more

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

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