“As we spend most of our time advising our clients on how to achieve the mandatory Biodiversity Net Gain (BNG) requirements, we thought it would be a useful reminder to flag up the types of development that are exempt from BNG”, says Henry Buckpitt of Acorn Rural Property Consultants.
“The most common exemption for us and our clients is development undertaken in accordance with Permitted Development Rights (PDRs). That includes Class Q conversions and buildings and other works undertaken with the benefit of agricultural and forestry PDRs. We also frequently have clients wishing to build either a self-build or custom-build dwelling where there is a BNG exemption if a development comprises no more than 9 dwellings that are self-build or custom build and the local planning authority is satisfied that the dwellings are built ready for occupation and the initial owner of each dwelling will have primary input into its final design and layout”, continues Buckpitt.
“BNG does not apply to householder applications as defined in article 2(1) of The Town and Country Planning (Development Management Procedure) (England) Order 2015 which, in the wording of that article, is development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse.
Additionally, retrospective planning applications are currently exempt from BNG requirements. These applications apply to developments that have already commenced, regardless of whether they have been fully completed. This is relevant for applicants who, for various reasons, may have begun works without realising that planning permission was required”, explains Buckpitt.
“Beyond these exemptions, there is a de-minimus threshold for developments that do not impact a priority habitat, such as ponds and woodlands, and destroy or degrade less than 25 square metres of area based habitat, such as grassland or scrub, and 5 metres of linear habitat, such as hedges or ditches. Helpfully, for those of our clients involved, there is also an exemption from BNG for works involved in the development of offsite BNG to provide BNG units to offset losses on developments elsewhere”, concludes Buckpitt.
