Biodiversity Net Gain (BNG) focuses on creating developments in a way that improves biodiversity compared to its original state. This is accomplished by preventing harm to valuable ecological features, reducing unavoidable impacts, enhancing existing natural features, and providing new ecological features that were not previously there. This concept is gaining traction globally, with various countries implementing policies to integrate BNG into their planning and development processes.
BNG in England: A Legal Obligation
Developers must assess the biodiversity value of a site before construction and ensure that biodiversity improves by at least 10% after development. They measure this improvement using a metric developed by the Department for Environment, Food and Rural Affairs (DEFRA), which compares habitats before and after development. Developers can achieve this by protecting existing natural features, creating new habitats, and offsetting biodiversity loss through conservation initiatives.
England has already established a legal requirement for BNG, while Ireland and other European countries are exploring voluntary and regulatory approaches to integrate this principle into planning and construction.
The mandatory Biodiversity Net Gain (BNG) outlined in the Environment Act applies exclusively to England by amending the Town & Country Planning Act (TCPA). It became law on 12th February 2024 through key statutory instruments. In January 2024, DEFRA released a blog summarising the implementation timelines.
Key components of mandatory BNG include:
- A minimum 10% biodiversity gain, calculated using the Biodiversity Metric, with approval of a net gain plan.
- All off-site and significant on-site habitats must be secured for at least 30 years through obligations or conservation covenants.
- Habitat delivery can occur on-site, off-site, or through statutory biodiversity credits.
- A national register will be established for net gain delivery sites.
- The mitigation hierarchy (avoidance, mitigation, and compensation for biodiversity loss) remains in effect.
- The policy applies to Nationally Significant Infrastructure Projects (NSIPs).
- It does not apply to marine developments.
- Existing environmental and wildlife protections remain unchanged.
Developments should prioritise creating space for nature. However, if that’s not feasible, developers must create alternative habitats, preferably within the local area. Habitat banks play a key role here: developers can purchase biodiversity units from these banks, located throughout England, to meet their BNG requirements. By strategically placing habitat banks in key areas, developers can help establish ecological networks across entire landscapes, allowing nature to recover and thrive.
Why Should BNG Become Law in the EU?
There is currently no formal legislation in the EU in relation to BNG. However, the concept is gaining momentum, with various EU member states taking steps to integrate BNG into their development projects. From a CSRD perspective, the EU requires businesses to disclose detailed and comprehensive information regarding their impacts, dependencies, and risks related to biodiversity. If BNG becomes law in the EU, companies will have a clear framework for contributing to biodiversity conservation, making compliance with CSRD reporting more structured and effective. By mandating BNG, EU countries would ensure that companies account for their environmental impact transparently, reducing risks related to biodiversity loss.
Environmental, Social, and Governance (ESG) factors are becoming essential for businesses, investors, and stakeholders. A legal BNG requirement would push companies to integrate biodiversity considerations into their planning, operations, and supply chains. This would enhance ESG scores, attract responsible investors, and ensure long-term business sustainability.
BNG Project: France’s National Biodiversity Strategy 2030
In November 2023, France launched its National Biodiversity Strategy for 2030, with the goal of reversing biodiversity loss. This strategy includes 200 actions across four main areas:
1. Reducing Pressures on Biodiversity: Implementing Zero Net Artificialisation, creating a new national park for wetlands, and combating the illegal trade of natural resources.
2. Restoring Degraded Biodiversity: Planting 1 billion climate-adapted trees and restoring 50,000 hectares of wetlands over the next decade.
3. Mobilising Stakeholders: Creating biodiversity atlases for communities, expanding tree-lined towns. Supporting businesses and “creating a framework of commitment for young people”, including the development of educational areas and civic services.
4. Securing Resources: Allocating €1 billion for biodiversity by 2024 and creating 141 new jobs to implement the strategy.
The French Biodiversity Agency (OFB) is key to executing the strategy, overseeing initiatives like the protection of coral reefs and mangroves and supporting sustainable agriculture. OFB is also coordinating the LIFE BIODIV’France project, receiving €30 million from the European LIFE programme. A National Committee for Biodiversity will monitor progress, ensuring the strategy stays on track and achieves its biodiversity net gain goals, promoting a nature-positive future for France.
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