As set out in section 17(5) of the Environment Act, due regard to the environmental protection and enhancement principles is a statutory duty to be applied across government (including local government) and is subject to limited exemptions as laid out in section 19(3) of the Environment Act. These principles include the prevention and mitigation of environmental effects, a principle implemented through the National Planning Policy Framework through the application of the mitigation hierarchy (NPPF December 2024, Paragraph 193.a):

• if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused

When designing a development scheme, these Mitigation Hierarchy principles should be fundamental in addressing biodiversity constraints and opportunities. In parallel, when designing a development scheme’s Biodiversity Net Gain, adherence to the step-wise approach referred to as the “Biodiversity Gain Hierarchy” should also be demonstrated.
 

Wherever possible developments should provide the mandatory 10% biodiversity net gain on site however, in exceptional cases this may not be achievable and some degree of BNG ‘offsetting’ (following the aforementioned Mitigation Hierarchy) may be required.

As stated in the National Planning Policy Guidance (Paragraph: 008 Reference ID: 74-008-20240214), the Biodiversity Gain Hierarchy and its effect for the purpose of the statutory framework for BNG is set out in Articles 37A and 37D of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

This hierarchy, which does not apply to irreplaceable habitats, sets out a list of priority actions. 

Of particular in this context are onsite ‘significant’ habitats. These are defined (using the statutory BNG metric) as having either medium distinctiveness (such as cropland and urban habitats), high distinctiveness (such as wetland, woodland and lakes) and very high distinctiveness (typically highly threatened and internationally scarce habitats).

These habitats typically score 4 or greater when entered in the statutory Biodiversity Net Gain metric:

First, in relation to onsite habitats which have a medium, high and very high distinctiveness (a score of four or more according to the statutory biodiversity metric), the avoidance of adverse effects from the development and, if they cannot be avoided, the mitigation of those effects.

Then, in relation to all 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 biodiversity credits.

As detailed in government guidance on biodiversity net gain the following types of development are exempt from mandatory biodiversity net gain:

• development resulting in a loss of less than 25m² of vegetation or less than 5m of a linear feature
• householder applications
• applications for design and build developments

Applicants will need to consider BNG at each stage of their planning application.

Pre-application

You can apply for pre-application advice from the Council’s planning service.  

You can also find out more about Validation and Biodiversity Net Gain in Worcestershire before you apply.

Submitting a planning application

In accordance with the government guidance, when applying for planning permission you should provide the following documents to support your application:

• a Draft Biodiversity Gain Statement
• any ecological surveys or assessments that would normally be required. This should include a populated statutoryBiodiversity Metric (in excel format) and accompanying Condition Assessment sheets)
• a map showing baseline habitats on your development site. GIS files provided would ideally be in ESRI Shapefile or Geopackage formats
• a map showing habitats after BNG has been implemented on the development site (as above)
• a draft Habitat Management and Monitoring Plan (HMMP)
• plans of any off-site BNG proposals

If a planning application is approved, planning conditions or legal agreement (s106) will be implemented to ensure delivery and monitoring of the BNG commitments, over a minimum 30-year period. 

In line with government guidance, we consider ‘significant’ on site biodiversity provision to mean any site with medium, high or very high distinctiveness habitats. It also means any on site provision of habitats created, enhanced or retained of any habitat type. 

A Biodiversity Gain Plan will be required to discharge the statutory condition under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).

The Biodiversity Gain Plan template should be used to confirm how a development achieves more than 10% BNG.

HMMPs should identify BNG monitoring and reporting commitments. For all schemes securing offsite biodiversity compensation or gain, or where significant on site BNG provision is proposed, we will undertake periodic monitoring inspections as required to comply with its statutory Biodiversity Reporting Duties.

Resources required by us to undertake its statutory BNG scrutiny, monitoring, and reporting functions will be met through a levied BNG monitoring fee. The BNG Monitoring Fee Framework will ensure that fees levied are proportional to the size and scale of development, and the scale and complexity of BNG to be consented and monitored for a minimum 30-year period. 

Fees will be secured through legal agreement. Draft Heads of Terms can be submitted with planning applications where offsite or significant on site BNG is anticipated. Draft legal agreements are available at:

• PAS S106 BNG unilateral onsite
• PAS S106 BNG agreement onsite

Recognising that each development scheme will have different BNG proposals and that subsequent monitoring requirements must be proportional, the fees provided below are draft, indicative and for the financial year 2025 to 2026, applicable from 1 April. It is proposed they will be reviewed annually.

Fees are fully due at point of seeking discharge of the statutory Biodiversity Gain Plan Condition. At this point, a Habitat Management and Monitoring Plan (HMMP) will have confirmed the BNG to be secured, and habitat management and monitoring proposals to be secured through planning consent will be defined. 

Where proposals are not covered by this charging schedule, for instance outside the size thresholds described, bespoke fees may be discussed as needed.