Biodiversity Net Gain
Under Schedule 7A of the Town and Country Planning Act 1990, as inserted by the Environment Act 2021, Biodiversity Net Gain (BNG) is mandatory for most development in England.
Where the statutory biodiversity gain condition applies, development must achieve a minimum 10% biodiversity net gain compared with the biodiversity value of the site before development. BNG may be delivered through:
- on-site biodiversity gains
- registered off-site biodiversity gains
- statutory biodiversity credits, which should only be used as a last resort
- an appropriate combination of these measures.
Off-site biodiversity gains, and significant on-site biodiversity gains provided to meet the mandatory requirement, must normally be secured and managed for at least 30 years under an approved Habitat Management and Monitoring Plan and an appropriate legal mechanism.
From 6 August 2026, changes to the statutory BNG framework introduce:
- a new exemption for development sites of 0.2 hectares or less, provided that the development does not negatively affect an on-site priority habitat
- a new exemption for temporary development where the whole development is temporary and planning permission is granted for five years or less, provided that the development does not negatively affect an on-site priority habitat
- the removal of the existing exemption for self-build and custom-build development
- a modified biodiversity gain hierarchy for minor development, allowing qualifying minor development to use registered off-site biodiversity units without first having to demonstrate that on-site delivery is not possible
The new exemptions and hierarchy arrangements apply in accordance with the relevant regulations and transitional provisions. Applicants should check the Government’s current BNG guidance before submitting an application.
Development that is exempt from the statutory BNG requirement must still comply with relevant national and local planning policies relating to biodiversity, protected species, protected sites, priority habitats, ecological networks and the mitigation hierarchy. Exemption from mandatory BNG does not remove the need to avoid, mitigate or compensate for ecological harm, or to provide proportionate biodiversity enhancements where required by planning policy.
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Validation of your planning application for BNG
Where the statutory biodiversity gain condition applies, the planning application must include the minimum biodiversity information required by the legislation and national validation requirements.
Applicants should provide:
- confirmation that the development is subject to the statutory biodiversity gain condition
- the pre-development biodiversity value of the on-site habitat
- the completed statutory biodiversity metric calculation
- the date on which the pre-development biodiversity value was calculated
- plans clearly identifying the application site and the habitats included in the calculation
- confirmation of whether activities have been undertaken before the application which have lowered the biodiversity value of the site
- confirmation of whether the development would affect irreplaceable habitat
- any other information required by the Council’s adopted local validation check-list.
Where an applicant considers that the development is exempt from mandatory BNG, the application should clearly identify the exemption being relied upon and provide sufficient information to enable the Council to establish whether the exemption applies.
An application may be invalid if the required statutory BNG information has not been provided.
Applicants are strongly advised to appoint a suitably qualified and experienced ecologist at an early stage. The statutory biodiversity metric is a technical assessment tool and should normally be completed by a competent person with appropriate ecological expertise.
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Is my application exempt from the BNG regulations?
Not all development is subject to the statutory biodiversity gain condition. The principal exemptions are summarised below.
Householder development
Householder planning applications are exempt.
Development sites of 0.2 hectares or less
For planning applications made on or after 6 August 2026, development is exempt where the total area within the red-line application boundary is 0.2 hectares or less.
This exemption does not apply where the development would negatively affect an on-site priority habitat.
The site area is determined by the red-line application boundary. Applicants should not define the application boundary artificially or omit land forming part of the development solely to seek to benefit from this exemption.
De minimis development
Development may be exempt where it:
- does not negatively affect an on-site priority habitat
- affects less than 25 square metres of on-site habitat
- affects less than 5 metres of on-site linear habitat, such as a hedgerow.
Applicants relying on the de minimis exemption must provide sufficient evidence to demonstrate that all the relevant statutory criteria are met. The Council may require proportionate ecological information where it is not clear whether the exemption applies.
Temporary development
For planning applications made on or after 6 August 2026, development may be exempt where:
- the whole development is temporary
- planning permission is granted for a period of five years or less
- the development does not negatively affect an on-site priority habitat.
The exemption does not apply merely because one element of a wider permanent development is temporary.
Other exemptions
Other statutory exemptions include certain:
- urgent Crown development;
- development granted planning permission by a development order, including development undertaken through permitted development rights;
- development connected with the high-speed railway transport network
- development whose sole or main purpose is the creation or enhancement of habitat for the purpose of meeting the statutory biodiversity gain condition for another development.
This is not an exhaustive statement of the legislation. Applicants should refer to the current Government guidance and regulations before relying on an exemption.
Council note: Even where development is exempt from mandatory BNG, it may still need ecological surveys, mitigation measures and biodiversity enhancements to comply with other legal requirements and planning policies. An exemption from BNG must not be treated as confirmation that a development has no ecological effects.
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Calculating Biodiversity Net Gain
Biodiversity Net Gain, commonly referred to as BNG, is an approach to development that aims to leave biodiversity in a measurably better state than it was before the development took place.
Development can achieve biodiversity net gain by avoiding or reducing harm to habitats and by creating or enhancing habitats. Unless an exemption applies, development subject to mandatory BNG must achieve at least a 10% increase in biodiversity value compared with the pre-development biodiversity value of the site.
BNG is separate from other requirements relating to protected sites, protected species, priority habitats and the ecological mitigation hierarchy. Meeting the statutory BNG requirement does not remove the need to comply with these other requirements.
Changes from 6 August 2026
The following changes apply to relevant planning applications submitted on or after 6 August 2026:
Applications submitted before 6 August 2026 remain subject to the legislation and exemptions applying when the application was submitted. Transitional arrangements may also apply to applications made under section 73 of the Town and Country Planning Act 1990.
Development exempt from mandatory BNG
Mandatory BNG does not apply to certain categories of development. These include:
- development sites of 0.2 hectares or less are exempt from mandatory BNG, unless the development negatively affects an on-site priority habitat
- temporary development may be exempt where the whole development is temporary and planning permission is granted for no more than five years, unless an on-site priority habitat is negatively affected
- the biodiversity gain hierarchy is modified for minor development that remains subject to mandatory BNG
- the previous exemption for self-build and custom-build development is removed.
- householder applications, such as extensions, conservatories and loft conversions
- development granted planning permission by a development order, including development carried out under permitted development rights
- development meeting the statutory de minimis exemption
- certain development sites of 0.2 hectares or less
- certain temporary developments granted permission for no more than five years
- development undertaken solely or mainly to create or enhance an offsite biodiversity gain site
- certain urgent Crown development
- development forming part of, or ancillary to, the high-speed railway transport network.
For the de minimis exemption to apply, the development must affect less than:
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From 6 August 2026, the exemptions for sites of 0.2 hectares or less, de minimis development and temporary development do not apply where the development negatively affects an onsite priority habitat.
Applicants relying on an exemption must clearly identify the exemption and provide sufficient information with the planning application to demonstrate that it applies. The Council may request further information where it is not possible to verify an exemption from the information submitted.
The self-build and custom-build exemption does not apply to new planning applications submitted on or after 6 August 2026. It may continue to apply to an application submitted before that date, or to certain subsequent variations of an existing permission that was exempt when originally granted.
Development exempt from mandatory BNG remains subject to relevant planning policies and other environmental protections. Development should continue to avoid harm to biodiversity and incorporate appropriate opportunities for habitat enhancement and nature-friendly features wherever practicable.
Measuring biodiversity value
Habitats affected by development are converted into measurable biodiversity units using the statutory biodiversity metric.
The metric uses habitat type, condition, distinctiveness, size and strategic significance, together with factors relating to the difficulty and time required to create or enhance habitat. It provides a standardised proxy for measuring changes in biodiversity value.
The statutory biodiversity metric includes three types of biodiversity unit:
These unit types are calculated separately and cannot be added together, exchanged or converted from one type into another. The requirement to achieve at least a 10% net gain applies separately to each relevant type of biodiversity unit.
Statutory biodiversity metric documents
The statutory biodiversity metric comprises:
The statutory biodiversity metric calculation tool
This is an Excel spreadsheet used to calculate pre-development and post-development biodiversity values and the resulting percentage change.
A separate Small Sites Metric calculation tool is available for eligible small developments.
Habitat condition assessment sheets
These provide the statutory criteria for assessing the condition of habitats recorded in the metric.
Separate condition assessment sheets are not generally required when the Small Sites Metric is used because its habitat assessment requirements are incorporated into the Small Sites Metric process.
User guides
The Statutory Biodiversity Metric User Guide and Small Sites Metric User Guide explain how the calculation tools must be completed and set out the applicable rules and principles.
The relevant calculation tool, condition assessments and supporting habitat plans must be submitted together. The calculation must follow the relevant statutory guidance to be accepted.
The current statutory metric tools and guides are available on the GOV.UK statutory biodiversity metric tools and guides page. The Government confirms that any published version of the statutory metric tools may be used, although applicants are encouraged to use the most recent version.
Using the Small Sites Metric
The Small Sites Metric may be used for eligible small developments that are not major development, but it is not appropriate for every small site.
Subject to the restrictions set out in the Small Sites Metric User Guide, it may generally be used for:
The Small Sites Metric must not be used where the development does not meet the eligibility requirements in the current Small Sites Metric User Guide. This includes circumstances where:
The Small Sites Metric should only be used by a competent person who has the knowledge and skills necessary to identify the habitats present and apply the metric correctly.
If information submitted with an application indicates that protected species, priority habitats or other habitats not covered by the Small Sites Metric may be present, the Council may require additional ecological surveys and the completed statutory biodiversity metric before determining the application.
The latest Small Sites Metric and accompanying User Guide should always be checked before deciding whether it is appropriate for a particular development.
Strategic significance
Strategic significance is one of the factors used by the statutory biodiversity metric to calculate the biodiversity value of an individual habitat parcel.
The metric assessor must assign the appropriate strategic significance category to each relevant habitat parcel at the baseline and post-development stages. An explanation of the category selected should be provided in the comments section of the metric.
The statutory metric applies the following strategic significance multipliers:
The Kent and Medway Local Nature Recovery Strategy was published in November 2025. Its local habitat map and mapped potential measures now supersede the earlier Interim Strategic Significance Guidance for Biodiversity Net Gain in Kent and Medway.
Applicants and metric assessors should therefore use the Kent and Medway Local Nature Recovery Strategy mapping and the current Strategic Significance Guidance for Biodiversity Net Gain in Kent and Medway when completing the metric.
Commentary should be included in the metric explaining how strategic significance has been determined for every relevant habitat parcel.
Information and calculations submitted to meet the mandatory BNG requirement must comply with the applicable biodiversity gain hierarchy.
For development other than minor development, this means taking action in the following order:
For relevant minor development submitted on or after 6 August 2026, the hierarchy has been modified so that the development may use registered offsite biodiversity gains without first demonstrating that all on-site habitat creation or enhancement options have been exhausted.
This modification does not remove the requirement to avoid and mitigate harm to on-site habitats of medium, high or very high distinctiveness. It also does not remove the need to comply with planning policy, protected-species requirements or the wider ecological mitigation hierarchy.
Developers should consider biodiversity and the biodiversity gain hierarchy from the earliest stages of site selection and design. Planning authorities must take the applicable hierarchy into account when considering whether the biodiversity gain objective has been met and when deciding whether to approve a Biodiversity Gain Plan.
Biodiversity metric rules
The statutory biodiversity metric is subject to four rules.
Rule 1: Trading rules
The trading rules within the statutory biodiversity metric must be followed.
These rules control how the loss of one habitat type may be compensated by the creation or enhancement of another habitat. Habitat losses must be compensated for on a like-for-like or like-for-better basis, as required by the metric.
Rule 2: Separate unit types
Biodiversity unit outputs for area habitats, hedgerows and watercourses must not be added together, traded or converted between unit types.
The requirement to achieve at least a 10% net gain applies separately to each relevant unit type.
Rule 3: Statutory calculation tools
The statutory biodiversity metric calculation tool must be used to calculate biodiversity value.
The Small Sites Metric may be used where the development and habitats meet its eligibility requirements. The calculation tools summarise the resulting biodiversity value and indicate whether the biodiversity gain objective has been met.
Rule 4: Exceptional ecological circumstances
In exceptional ecological circumstances, a deviation from the statutory metric methodology may be permitted by the relevant planning authority.
Any proposed deviation must be supported by appropriate ecological evidence and must be discussed and agreed with the Council before the Biodiversity Gain Plan is submitted. A deviation will not be accepted solely because applying the statutory methodology would be inconvenient or result in a lower biodiversity-unit outcome.
Biodiversity metric principles
The statutory biodiversity metric is underpinned by the following principles:
Competent persons and realistic habitat proposals
The Council draws applicants’ attention to Principle 1 and the requirement for the metric assessment to be completed by a competent person.
For the main statutory biodiversity metric, this would normally be a suitably qualified ecologist with appropriate experience of the habitats present on the site.
The Council will also have regard to Principle 7, which requires proposed habitat interventions to be realistic and deliverable.
The Council is unlikely to accept proposals that rely on the creation or maintenance of high-quality or priority habitat where:
Where native hedgerows or trees are proposed within private residential gardens, they may need to be recorded as part of the vegetated garden habitat rather than as separate newly created hedgerow or urban-tree units. This will depend on the design, ownership, accessibility, management arrangements and applicable statutory metric guidance.
Habitat condition assessments and plans
Statutory habitat condition assessments are an important part of the biodiversity metric and will be carefully reviewed by the Council.
Where an applicant concludes that a habitat does not meet a particular condition criterion, detailed evidence may be required to support that conclusion. Original ecological survey data should therefore be supplied wherever possible.
This is particularly important for grassland habitats. A Phase 1 Habitat Survey or Preliminary Ecological Appraisal may not provide sufficient information to accurately assign the appropriate UK Habitat Classification habitat type and condition.
Detailed botanical surveys may be required for semi-improved or other potentially species-rich grasslands. These surveys must be completed at an appropriate time of year and using an appropriate survey methodology.
The application should include clearly presented pre-development and post-development habitat plans. These plans must:
The Council must be able to understand, verify and follow the metric calculation by comparing it directly with the submitted plans, surveys and condition assessments.
Further information
Applicants should refer to the following sources before preparing a planning application or Biodiversity Gain Plan:
Guidance on biodiversity net gain
Biodiversity net gain exempt developments
Statutory biodiversity metric tools and guides
Lets talk nature recovery
strategic Significance Guidance for Biodiversity Net Gain in Kent and MedwayStatutory requirements and national guidance may be updated. Applicants should ensure that they use the legislation, metric tools and guidance applying on the date their planning application or Biodiversity Gain Plan is submitted.
- 25 square metres of onsite habitat, and
- five metres of onsite linear habitat, such as a hedgerow.
- area habitat units;
- hedgerow units; and
- watercourse units.
- residential development of between one and nine dwellings where the site area is less than one hectare; or, if the number of dwellings is not known, where the site area is less than 0.5 hectares; and
- commercial development where the floorspace created is less than 1,000 square metres or the total site area is less than one hectare.
- habitats affected by the development cannot be recorded using the Small Sites Metric
- priority habitat is present within the development site, except where the User Guide expressly permits its inclusion
- statutory protected sites or habitats are present within the development site
- European protected species are present.
- High strategic significance: 1.15
- Medium strategic significance: 1.10
- Low strategic significance: 1.00
- avoiding adverse effects on onsite habitats of medium, high or very high distinctiveness
- where those effects cannot be avoided, mitigating them
- compensating for remaining habitat losses by prioritising, where possible:
- enhancement of existing onsite habitat
- creation of new onsite habitat
- allocation of registered offsite biodiversity gains
- purchase of statutory biodiversity credits as a last resort.
- The metric assessment should be completed by a competent person.
- Use of the metric does not override existing biodiversity protections, statutory obligations, policy requirements, the ecological mitigation hierarchy, consenting requirements or licensing processes.
- The metric should be used in accordance with established good-practice guidance and relevant professional codes.
- The metric is not a comprehensive ecological model and is not a substitute for expert ecological advice.
- Biodiversity units are a proxy for biodiversity and should be treated as relative values.
- The metric should inform decisions alongside locally relevant evidence, expert input and guidance.
- Proposed habitat interventions must be realistic and deliverable within the relevant project timeframe.
- Created and enhanced habitats should, where practical and reasonable, be located close to the affected habitat and contribute to strategically important nature-conservation outcomes.
- The metric does not impose a minimum habitat-size ratio for compensating for losses. Proposals should nevertheless seek to:
- maintain habitat extent;
- support more, bigger, better and better-connected ecological networks
- ensure retained, enhanced and newly created habitat parcels are large enough to perform their intended ecological function.
- the habitat would be subject to significant recreational or development pressure
- the proposed habitat parcel is too small to function effectively
- its long-term ecological condition could not realistically be achieved
- specialist long-term management would be required but has not been adequately secured
- the proposed management arrangements are unlikely to be maintained for the required period.
- show the full application site boundary
- identify all area habitats and linear features
- use a separate reference number for each individual habitat parcel
- use reference numbers that correspond directly with the relevant rows of the metric
- identify retained, enhanced, lost and newly created habitats
- show the area or length of each habitat parcel
- distinguish between on-site and offsite provision
- be consistent with the site layout, landscaping scheme and other application drawings.
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