Developer

The new statutory requirements in England will impact developers by mandating a minimum of 10% Biodiversity Net Gain (BNG) in planning permissions, with exceptions for small sites. BNG can be achieved on-site, off-site, or through statutory biodiversity credits, presenting complex choices for developers. We offer expert guidance on how to effectively navigate these BNG requirements, ensuring not only compliance but also successful and sustainable development.

Landowner

Biodiversity Net Gain presents landowners with income opportunities when developers seek off-site BNG solutions. It involves creating or enhancing habitats on your land, generating biodiversity units that can be sold to developers. We provide valuable advice to landowners on optimising their income by selling off-site biodiversity units, participating in the national register of BNG units, and establishing legally binding conservation covenants or planning obligations.

Local authority  

Local authorities can use their land for BNG, but there are rules preventing local authorities from offering their sites in preferences to others. We can provide further guidance on these specific conditions to help local authorities navigate the requirements.

Local authorities are also permitted to generate revenue from their BNG units, which can be reinvested into local communities to support environmental enhancement policies and objectives. These opportunities, especially for using low-value land, are both obvious and exciting.

Consultants 

You may be required to comply with the new BNG requirements and provide indemnities. It is important that you understand the implications of the new framework, and any appointments and warranties should be drafted appropriately.

Our experience in planning, environmental, real estate, and commercial law, means that we can offer you the perfect combination of advice necessary to navigate the complexities of biodiversity net gain.