Regulator calls for time for BNG requirements to bed down amid concern over further changes

The Environment Act 2021 introduced mandatory BNG rules in England from 2024 to require all developments to give a 10% uplift of biodiversity. 

From November it is due to also apply to infrastructure projects deemed nationally significant.

But the Government has just closed a consultation on an exemption to BNG requirements for residential developments on brownfield land.

The OEP said the full BNG regime should come into effect before any major changes so experience can be gained and “there will be greater confidence that any further proposed changes will actually be improvements”.

It said the brownfield exemption “risks undermining confidence in nascent nature markets”. 

Fostering these would be critical, as the BNG regime has been a catalyst for mechanisms to facilitate private investment in biodiversity improvements.

OEP chief executive Natalie Prosser said: “We recognise this government’s ambition in respect of housing and growth. However, on the basis of the evidence provided, it is not clear that a brownfield residential exemption would lead to the number of new homes that would be notable in the context of government’s housing delivery ambition.

“Conversely, they may have an impact in respect of commitments to nature recovery.” 

A coalition of charities last week wrote to the Prime Minister and Communities Secretary Steve Reed, criticising the “dilution” of biodiversity net gain and environmental assessment in upcoming changes to the National Planning Policy Framework (NPPF).

Mark Smulian