Freedom of information response
Biodiversity Net Gain
I am emailing with a query regarding Biodiversity Net Gain and future planning applications.
I understand that, from the 2nd of April 2024, the Government have confirmed that all minor development proposals will be required to comply with the new Biodiversity Net Gain principle. This means that all minor developments will be required to deliver at least a 10% gain for biodiversity.
My query surrounds minor development applications that are submitted on or before the 2nd of April 2024, but not reviewed by the Local Planning Authority until after this date.
Can you clarify whether minor development applications which have not yet been validated by this date but were submitted on or before this date, will be expected to deliver the newly introduced Biodiversity Net Gain of 10%?
Additionally, if the application for a minor development proposal is submitted on or before this date but additional information is then requested by the Local Planning Authority to the support the application, can you clarify whether the development will be expected to deliver the newly introduced Biodiversity Net Gain of 10%?
The advice that we have been receiving from PAS for minor applications is the same as was issued for major applications when mandatory BNG was required for those schemes. The start date is taken to be those applications submitted on or after 2nd April as this is the clearest deadline and least likely to be challenged. There has been a lot of discussion as to whether it should relate to the date of validated; however this would raise significant issues as the LPA could be accused of deliberately delaying validation to bring schemes into mandatory BNG.