Happy Birthday Biodiversity Net Gain Leading Planning Lawyer Makes Industry Call to Arms

To mark the first anniversary of Biodiversity Net Gain (BNG) on 12 February 2025, Irwin Mitchell’s Head of Planning and Environment, Claire Petricca-Riding, has issued a call to arms to ensure the framework delivers more effectively without hindering housebuilding targets.

Biodiversity Net Gain is a policy approach that aims to leave the natural environment in a better state than it was before development. An important component is the Statutory Credit Scheme which allows developers to purchase biodiversity credits as a last resort when they cannot achieve the required biodiversity enhancements on-site or through off-site units. These credits are used to fund biodiversity projects elsewhere, ensuring that the overall goal of a 10% net gain in biodiversity is met.

Claire Petricca-Riding said: “Over the past year, the BNG framework has led to the establishment of 43 registered sites, covering just over 1,200 hectares of land, and the creation of 21 responsible bodies for conservation covenants. These achievements are commendable, but there are significant challenges that need to be addressed.”

Key Points:

• Statutory Credit Scheme: The scheme has seen limited uptake, with less than a single biodiversity unit purchased up until the end of 2024, generating a total of only £145,320.
• Support for Local Authorities: There is a pressing need for additional support and funding to help local authorities manage the evolving planning landscape.

Claire emphasises the importance of defining what successful BNG implementation looks like, integrating climate change mitigation and adaptation strategies, and planning for the long-term management of sites beyond the initial 30-year period.

She concludes: “The Government's weekly announcements on nature recovery, brownfield passports, and the establishment of a nature restoration fund for infrastructure projects are positive steps. However, the integration of these initiatives with the BNG system remains unclear, causing concern within the sector.

"The next year may be more turbulent than anticipated, but with a collective effort, we can overcome these challenges and make meaningful progress in our fight for biodiversity net gain.

“This is a call to arms – we need to establish clear guidelines, provide adequate support and training for local authorities, and ensure the BNG framework supports, rather than hinders, future development."