As the curtain closes on 2023 the government’s Biodiversity Net Gain (BNG) implementation deadline of January 2024 draws ever closer. Having only recently published the much-awaited draft regulations and guidance relating to the implementation of BNG, the government has left itself with little time for further development of these regulations, which DEFRA have noted may yet be required prior to finalisation, if the January 2024 deadline is to be met. 

In effort to explore the impact of the regulations and guidance, we will be producing a series of BNG related blog posts set to be published early in the new year. These posts will consider the key points, actions and issues for landowners, developers, responsible bodies, local planning authorities and funders and investors as we transition into a world underpinned by mandatory BNG. 

In the meantime if anyone needs some Christmas reading the relevant regulations and guidance are set out below and can be found on the government website at https://www.gov.uk/government/collections/biodiversity-net-gain.

Regulations 

  • The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024
  • The Biodiversity Gain Site Register Regulations 2024
  • The Biodiversity Gain Requirements (Exemptions) Regulations 2024
  • The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024
  • Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024
  • Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2023

Guidance (published 29 November)

  • Meet your BNG requirements: steps to take for land managers
  • Make on-site biodiversity gains as a developer
  • Make off-site biodiversity gains as a developer
  • Statutory biodiversity credits
  • Statutory biodiversity credit prices
  • Submit a biodiversity gain plan
  • Creating a habitat management and monitoring plan for biodiversity net gain
  • Draft biodiversity net gain planning practice guidance

Guidance (published 1 December)

  • Biodiversity net gain: what local planning authorities should do
  • Legal agreements to secure your biodiversity net gain