Determination of a planning application

For each application, the Council will assess the accuracy, completeness, and appropriateness of the submitted ecology baseline and net gain plans.

In addition to the information required to validate the application further information may be required prior to determination. This could include up-to-date ecological surveys, an Ecological Impact Assessment (which includes details for general biodiversity net gain enhancements) and biodiversity net gain register reference numbers (for off-site BNG).  Further information (an overall Biodiversity Gain Plan) will be required for phased development (see The Biodiversity Net Gain Planning Practice Guidance).  

For information on how BNG and protected species are considered, or what you can count (stack) towards BNG please see the governments website

You may also wish to submit a draft Biodiversity Gain Plan, completed metrics of the post development value of the onsite habitat, and draft heads of terms for S106 or S33 agreements.

The application will be determined in line with The Biodiversity Net Gain Planning Practice Guidance  and standing advice

Planning informatives and conditions

Every grant of planning permission where the development is required to deliver BNG is deemed to have been granted subject to a ‘general biodiversity gain condition’ to secure the biodiversity gain objective.  This is a pre-commencement condition which requires a Biodiversity Gain Plan to be submitted and approved by the local planning authority before commencement of the development.  This condition will appear as an informative on the decision notice and cannot be varied, removed or disapplied.

In addition, conditions may be imposed to:

• ensure compliance with the Biodiversity Gain Plan,
• secure a Habitat Monitoring and Maintenance Plan (HMMP) for at least 30 years, and
• secure ongoing HMMP reporting (e.g. in years 1, 3, 5 and then every 5 years).
• require the submission of a phased Biodiversity Gain Plan (for phased developments)

There are now two iterations of the HMMP – one for major sites and one for small site. Both are available Habitat Management and Monitoring Plan Template - JP055 (naturalengland.org.uk)

Further information on HMMPs is available on the governments website

Planning obligations

Where it is necessary to secure significant on-site BNG or off-site BNG, a section 106 or section 33 agreement will be required. Guidance on legal agreements is published on the governments website.