Biodiversity Net Gain, guidance for developers and ecological consultants
Exemptions
The following types of development are exempt from the BNG requirement (opens new window):
- Householder development.
- Permitted development.
- Development subject to the de minimis exemption - defined as development that does not impact a priority habitat and impacts less than:
- 25m2 (5m by 5m) of habitat
- 5m of linear habitat such as hedgerows.
- Self-build and custom build development when all the following conditions apply:
- it consists of no more than 9 dwellings
- it's on a site which has an area no larger than 0.5ha
- it consists exclusively of dwellings which are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015. (opens new window)
- Development of a biodiversity net gain site, where that requires planning permission.
Variations and reserved matters are exempt from mandatory net gain if the original or outline application was submitted prior to the 12th February 2024.
Exemption statement
The Tyneside Validation checklist 2024 (PDF, 1 MB)(opens new window) requires that where an exemption is being claimed (other than householder development or changes of use where no groundworks are proposed), that a statement setting out why the proposed development is exempt must be submitted with a planning application.
National validation requirements also require that the reason suggested for exemption be listed on the planning application form.
De Minimis exemption
Consistent with Paragraph 004 Reference ID: 74-004-20240214 of Planning Practice Guidance on Biodiversity Net Gain (GOV.UK: Biodiversity net gain (opens new window)).
In cases where the development would be smaller than 25 square metres, the description of development, existing and proposed site plans, and the development's area size (in square metres) may be sufficient evidence.
Where it cannot be clearly demonstrated through site plans and descriptions, applicants should provide a completed metric for the pre-development and post-development value for the onsite habitat and clear plans identifying the nature and size of this pre-development onsite habitat and how much of it will be impacted by the development.