Happy Birthday BNG!
In order to mark the first birthday of mandatory BNG in England, we have been reflecting on how the first year has gone – has it been a year of sleepless nights or has the system bedded into an already complex planning system seamlessly and left us sleeping like babies?
Before I delve into the success, or otherwise of the new system, we should take a moment to celebrate the time, effort and expertise that has gone into creating the Biodiversity Metric and the BNG system as a whole. Whilst not without flaws, it has given us a world leading tool for attributing a meaningful price to habitats; both in terms of penalising loss and in terms of rewarding gains. The concept of putting a monetary value on environmental assets is not new, but in this case they’ve only gone and done it!
First steps and teething trouble
It hasn’t taken the development industry long to accept the concept of BNG, albeit with varying degrees of enthusiasm. Developers are used to new demands from central and local government, and whilst this is a new requirement for them, it is simply another issue that needs to be resolved through considered site design and a combination of on- and off-site compensation.
There have been inevitable issues and delays in the planning system as we all adjust to the demands of the BNG system. The Planning Portal, Local Authority planning teams, ecologists and planning consultants, have on the whole and with varying speed, got to grips with what is required at each stage of the process. Whilst BNG related validation requirements vary across local authorities, it is usually the case that common sense prevails and unduly onerous requirements can be overcome. As we head into its second year we can expect to see a similar period of adjustment as discharging BNG conditions becomes the norm.
In anticipation of this, a healthy offsite BNG marketplace has established with a whole host of providers now offering biodiversity units for sale and the number of registered Biodiversity Gain Sites is ever growing. There was a lot of worry about whether the offsite marketplace would be ready in time for developers wanting to start on site…maybe the old adage of ‘if you build it they will come’ holds true here.
As with any new system there have been some unexpected and unintended consequences in that the mandatory BNG requirement has led to a few tensions with planning policy including:
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cases of policy requirements for tree planting having lead to a trade off in what can be achieved on site in terms of BNG; and
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in some cases, a tension over the use of onsite green space for amenity space, in line with place making objectives, and habitat creation or enhancement to optimise the delivery of BNG onsite.
Building blocks
The BNG system is complex and multifaceted and accordingly development professionals working in different sectors have quickly become knowledgeable about how BNG affects their own area of expertise. Lichfields are no exception to this and have a specialist group of BNG experts advising colleagues and clients on all aspects of BNG and its role in the planning process.
As we move into BNG’s second year, our group of experts have been thinking about what lessons we as planning professionals can learn from its first year. How can we avoid bottlenecks in determinations and delays in the delivery of development in line with the governments changes to the NPPF.
All of us in the industry need to be aware of and follow the rules of the BNG system; on the whole they are logical and deliver the objectives of the BNG system. However, we should recognise that the introduction of this system has led to new information requirements, potential (occasional) policy tensions and additional issues to consider at the design stage of developments.
Where tensions arise without an obvious solution, there is a need for the local authority to consider the appropriate balance between the different policy objectives. Early engagement between developers and council officers (including consultees) is important to recognise such tensions and establish a preferred approach to an acceptable solution, thereby minimising risk of associated delays at the determination stage of the application.
The key to avoiding delays at the discharge of condition stage is early and proactive communication between developers and local authorities with a degree of understanding on both sides that this a new system for all of us, albeit one where considerable time and effort has gone into developing rules and guidance for its application.
Ultimately the message is to be pragmatic and trust in the system!
