BNG Update: July 2023
The planned start date for statutory Biodiversity Net Gain is now only 3 months away and last week saw a flurry of announcements and updates.
1. Defra’s Land Use Policies and Framework Blog
Defra has published a new blog to provide updates on the Biodiversity Net Gain (BNG), Local Nature Recovery Strategies (LNRS), nutrient neutrality and the Land Use Framework. You can subscribe to get email updates direct to your inbox: https://defralanduse.blog.gov.uk/. The post of 20th July gives a useful overview of the current policy position for BNG.
2. Statutory credit prices
Statutory BNG credits are intended to be the last resort option if a developer is unable to deliver 10% BNG on-site and cannot purchase off-site Biodiversity Units from a habitat bank. Defra has now published indicative prices for statutory credits, set at a level intended not to crowd out the private market for habitat banks. In effect they will set a ceiling price for BUs.
https://www.gov.uk/guidance/statutory-biodiversity-credit-prices
3. Guidance on becoming a Responsible Body
Conservation covenants are intended to be the mechanism by which BNG is secured for the long term and they must be made between a landowner and a Responsible Body. This guidance is intended to support organisations (such as local authorities and conservation charities) through the process of applying to become a Responsible Body:
https://www.gov.uk/government/publications/conservation-covenants-apply-to-become-a-responsible-body
4. Defra’s BNG Collection webpage
One more useful reference is Defra’s “BNG Collection” webpage, which be expected to be the one-stop shop for links to all information relating to BNG. A word of caution: while it does have some useful information, it is far from a comprehensive collection in this complicated and evolving policy area: https://www.gov.uk/government/collections/biodiversity-net-gain
5. What are we still waiting for?
Perhaps the most important missing element is the secondary legislation which is needed to provide much of the detail lacking in the Environment Act. Without these Regulations, landowners, developers and planning authorities are still groping in the half light as the November start date for this new policy moves inexorably closer.
31st July 2023