The Department for Environment, Food and Rural Affairs (DEFRA) recently published a consultation on the future regulations, under the Environment Act 2021, for the much-heralded biodiversity net gain requirements on new developments in England.

All express planning permissions, subject to exceptions, will contain a general condition requiring a biodiversity gain plan to be approved before a development commences. The biodiversity gain plan will need to assess the value of the existing habitats on a site and ensure that, after a development has been completed, such value has increased by at least 10%. The valuation of habitats will be through Natural England’s biodiversity metric.

The statutory requirement for 10% gain will come into force by November 2023. The consultation covers the scope of the biodiversity net gain requirement, how it will be applicable to different types of development and how it will operate in practice.

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