The new legal requirement in England for Biodiversity Net Gain (BNG) seeks to ensure that human development activities contribute positively to the overall biodiversity of a given area.

This approach emphasises the importance of mitigating the negative impacts of development on ecosystems and promoting environmental sustainability.

What is biodiversity?

Biodiversity can refer to many areas – from species and genetic diversity to ensuring a suitable ecosystem for all – and it is crucial for maintaining an ecosystem's stability, resilience, and functionality.

However, human activities such as urbanisation, agriculture, deforestation, and pollution have significantly contributed to biodiversity loss and habitat degradation worldwide.

So how do we address this? 

BNG has emerged as the strategy, in England, to reconcile development with conservation goals.

One of the primary reasons BNG is important is its role in protecting and enhancing ecosystems. By ensuring development projects provide a net increase to biodiversity, we can safeguard valuable habitats and species populations. This is particularly crucial in the face of ongoing habitat destruction and species extinction.

BNG promotes the provision of ecosystem services. Ecosystems provide numerous elements essential for human well-being, including air and water purification, pollination, soil fertility, and climate regulation.

By conserving and restoring biodiversity, the functionality of ecosystems can be maintained. This is not only boosting important for environmental sustainability but also to support economic activities and human livelihoods.

By increasing the overall biodiversity of an area, its capacity to withstand and recover from environmental stressors is enhanced, and this resilience is essential for maintaining long-term ecosystem viability.

Healthy, biodiverse ecosystems are better able to adapt to challenges such as climate change, invasive species, and disease outbreaks. 

Implementing BNG requires a holistic approach considering the needs of both humans and nature. It is not an easy process – it demands careful planning, assessment, and monitoring to ensure that development projects produce a genuine net increase in BNG.

This could include anything from habitat restoration creation of green infrastructure to sustainable land management practices and conservation initiatives.

Prior to 12 February 2024 when the delivery of BNG became mandatory in England, certain sites were protected but there were limited mechanisms to value, maintain, enhance or create wider habitats as part of development.

Following 12 February 2024 and as a result of provisions contained in the Environment Act 2021, the majority of new developments (save for some exemptions) will now need to deliver a minimum 10% BNG, opening the door for biodiversity to thrive once more.

The team at Womble Bond Dickinson advise local authorities, land owners, developers, and lenders in relation to responsibilities, requirements, and opportunities around the delivery of BNG.

This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.