Biodiversity Net Gain

What does Biodiversity Net Gain (BNG) set out to do?

• A metric to quantify losses and calculate mitigation required.

• Follows biodiversity hierarchy - on-site first.

• Tiered approach to off-site mitigation.

• Irreplaceable habitats require bespoke mitigation plan.

• Required BNG plan legally binding for 30 years.

What Biodiversity Net Gain actually does

• Gathers baseline data on habitat type and condition and complete spreadsheet for before and after conditions.

• Provides a percentage-based approach which aims to be proportionate.

The problems with Biodiversity Net Gain

• Many habitats poorly understood and badly surveyed - e.g. grasslands.

• Developers of urban sites with low biodiversity value can easily achieve a 10% biodiversity uplift without doing much.

• Exaggerating a small improvement - e.g. sedum roof on a proposed 4 sqm bike shed and claiming over 10% BNG for a development site for two houses that was a car park. Urban Greening Factor better.

Biodiversity Net Gain - arguably much better than what we had before

• Make use of it to get the best from the system

Problems with the current planning system

• Rare species alone unlikely to stop developments - successful opposition usually relies on engaging with bigger arguments - e.g. housing developments in deprived areas forcing deprived communities to choose between housing and nature.

• It is very hard to stop a development going ahead as a result of biodiversity issues, especially if the proposed development follows the rules in terms of being within a development area within the Local Plan.

Hard to know how to measure success - sometimes better to focus on gaining additional enhancements rather than trying to stop a development.

How does biodiversity influence planning applications?

• 'Notable' species are material considerations in planning applications.

• BNG is very technical area and still poorly understood by both Local Planning Authorities and consultants/developers, so often done in a way that is not adequate. Worth learning how it works or seeking expert advice to identify shortcomings in applications.

Local Planning Context Important in deciding grounds for opposing developments

• Overall picture not a good situation currently, but will hopefully improve once updated National Planning Policy Framework (NPPF) and Local Plan in place:

• National Planning Policy Framework: under review and hard for local authorities to know how to proceed.

• Building with Nature standards.

Local Plan:

• Five-year land-housing supply for Hastings is of critical importance - planning policy documents indicate 770 new properties needed in the Borough.

• Nature Recovery Strategy: also of relevance but not yet finalised.

• HBC Green Administration looking to require 20 per cent BNG and want to set up a habitat bank.

Other Tactics: the standard route:

• Gather survey information. Get in touch with local natural history community. Sussex has a strong network of biodiversity recorders who operate on a voluntary basis and are often happy to arrange field meetings on threatened sites. Your own data will probably be much better than the data gathered by consultancy firms.

• Write letters to the LPA - 5 written complaints result in the development being discussed by the planning committee.

• Get councillors/ MP involved - getting a proposal 'in' by a local councillor.

• Petitions - (not for planning schemes) ESCC petitions gaining over a threshold number of signatures will result in issues being discussed at full council meetings.
  Needs to be relevant to council policy and need to get local councillor involved ideally, but can demonstrate strength of local feeling to affect council policy or get council to make representations on behalf of locals.

• Press releases - must consider ways to make a story 'newsworthy' as it is hard to get column inches.

Other Tactics: more radical campaigns

• Make the proposed development site appear more loved. Form a 'Friends of...' group.

• Engage with local authority Ranger Service to try to get the place on the map, and get some help doing management such as clearing brambles from paths and removing rubbish/ fly-tipping.

• Actively stay abreast of the planning application and try to intervene at a human level. Once you register a written complaint you are often notified of its progress though the planning system.

• Getting council to buy the threatened land - e.g.Bramber Brooks purchased recently by Horsham District Council.

• Organise public meetings to demonstrate public support. Line up expert witnesses to support the campaign.

• Protest actions - mass trespass, occupations e.g. Shoreham Poplar Front. Direct action with support from Extinction Rebellion.

Examples - Precedent is important!

Planning schemes
It's not the rare species that win the battles.

• Housing Development in Whitehawk Brighton - planning application refused and went to appeal where campaigners won and site removed as development land from Brighton City Plan.
  Prepared site with help of ranger (litter pick, bramble bashing, reptile survey tins).
  Had a top-level entomologist who found 'Whitehawk Soldier Beetle' new to Britain, but that was not what won it!
  Did site visit with planning inspector - intervened making human connection a showed him the wildlife.
  BNG offers little on urban sites with little green open space.

• Development in London involving 2 houses built on a car park - more than 10% BNG achieved by putting in a 4sqm Sedum green roof on a bicycle shed.
  BNG can be costly for developers even when developing quite small amounts of fairly mundane habitats.

• Water company with a c.500 sq m development on managed modified grassland - cost of providing off-site mitigation estimates varied between 500k pounds and 1M pounds- intends to create measurably more nature after development than before. BNG - arguably much better than what we had before.

• Nature not an afterthought now. Make use of it to get the best from the system.