A Practical Guide to Biodiversity Net Gain

A practical guide to a complex regime focussed on the decision-making procedure under the overall biodiversity net gain regime. This book places the relevant Acts of Parliament, Regulations, Orders, provisions within the NPPF, DEFRA-issued guidance, and PPG in one place so decision makers and those submitting applications for development that is subject to the biodiversity gain regime can see, in one place, what the requirements are and how to satisfy them.

Unexpected aspects of the biodiversity net gain regime are highlighted to avoid unwelcome surprises down the road. Where there are gaps or inconsistencies between the various aspects of the biodiversity net gain regime, this book addresses those and provides a practical way forward to resolve inconsistencies and fill in legislative and policy gaps. The source of obligations is also identified in each case, to ensure readers know whether the provision is required as a matter of law, policy or guidance.

ABOUT THE AUTHOR

Nina Pindham is a barrister with a wide-ranging practice specialising in environmental law matters in the context of planning applications, including infrastructure, energy, minerals development, hazardous substances consent, waste, EIA, SEA, agriculture, water, air quality, and nature conservation issues. She has represented clients before the High Court, Court of Appeal, Supreme Court, and Inter-American Court of Human Rights. She has also represented the UK Government in international environmental law proceedings before the United Nations. She is ranked as one of the country’s top-rated barristers by the Legal 500, Chambers and Partners, the ENDS Report, and Planning Magazine.

CONTENTS

Chapter 1 – Introduction
Chapter 2 – Exemptions
Chapter 3 – The Statutory Metric
Chapter 4 – The Biodiversity Gain Condition(s) and Biodiversity Gain Plan
Chapter 5 – Irreplaceable Habitats
Chapter 6 – Planning Authority Governance
Chapter 7 – Special Cases: Section 73, 62A, Phased, and Minerals Permissions
Chapter 8 – Legal Agreements
Chapter 9 – Offsite BNG
Chapter 10 – Statutory Credits
Chapter 11 – Stacking and Selling
Chapter 12 – Nationally Significant Infrastructure Projects
Appendix A – Biodiversity Gain Plan Template
Appendix B – Suggested Text for Biodiversity Gain Information on the Written Decision Notice