18 December 2023
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An update on the implementation of mandatory Biodiversity Net Gain in England

To The Point
 

One of the flagship measures in the Environment Act 2021, the mandatory Biodiversity Net Gain regime will require most planning permissions granted in England to deliver at least a 10% net gain on the site's pre-development biodiversity value. This new regime was due to be implemented for certain town and country planning applications in November this year but that was delayed for two months. This briefing provides an update on the Government's proposed implementation of the new regime by its new target date of January 2024, as well as the latest on the introduction of BNG for Nationally Significant Infrastructure Projects and Marine Net Gain.

Our previous blog on Biodiversity Net Gain (BNG) considered the Government's progress towards the implementation of the mandatory BNG regime for certain town and country planning applications by the then intended November target date.  That blog noted the Government's lengthy 'to do' list for the implementation of the new regime, so it was perhaps no surprise that the Government subsequently pushed its proposed implementation date back to January 2024.  This briefing provides an update on the Government's progress towards meeting this new target, as well as its plans for the introduction of BNG for Nationally Significant Infrastructure Projects (NSIPs) and the latest on Marine Net Gain.

The Revised Timetable
Updates on BNG for NSIPs and Marine Net Gain
The drip drip of guidance by blog…
…and then a flood of secondary legislation and formal guidance
Conclusion

Next Steps

If you would like to know more about BNG or otherwise require any assistance, please do not hesitate to contact the Planning & Infrastructure Consenting Team.

To the Point 


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