Planning policy and the biodiversity gain hierarchy

BNG Requirements and Planning Policy

Applicants should note that the 10% uplift in an application site's BNG is a legal requirement and cannot be waived or reduced in consideration of wider policy requirements applicable at a point in time. The BNG regime applies in addition to all applicable Development Plan (and NPPF) policy (including pre-existing policies affecting biodiversity and habitats such as:

• HP Local Plan Policy EQ5 Biodiversity, Policy EQ8 Green Infrastructure, Policy EQ9 Trees Woodlands and Hedgerows etc.

Biodiversity Gain Hierarchy

The Council will apply the biodiversity gain hierarchy in determination of applications: this means that applicants will generally be expected to demonstrate how they have:

• Avoided adverse effects in the first place from the development on medium to very high distinctiveness (score of four or more in the statutory BNG metric) onsite habitats and, if adverse effects cannot be avoided, the mitigation of those effects;
• In relation to onsite habitats which are adversely affected by the development, the adverse effect should be compensated by prioritising in order (where possible):
  • the enhancement of existing onsite habitats;
  • creation of new onsite habitats;
  • allocation of registered offsite gains; and finally
  • the purchase of statutory biodiversity credits*.

*apart from small sites requiring less than 0.25 biodiversity units where the developer may opt for purchase of statutory credits up front -  https://verna.earth/news-item/did-you-know-small-developments-can-currently-pay-to-avoid-biodiversity-net-gain-complexity

It should be noted that the above hierarchy applies in addition to all applicable planning policies and NPPF policy that affect or relate to biodiversity protection/uplift (note the Local Plan pre-dates the BNG regime).