Targeted BNG exemption for residential brownfield development

Hard on the heels of the recent announcement on exemptions from mandatory biodiversity net gain (BNG) requirements for smaller sites – on which we reported here – Defra is consulting again on an exemption for smaller housing-led development on brownfield land (aka “previously developed land”). Any readers who have an interest can find the consultation here and can respond here.

At present, it is proposed that any land and buildings in agricultural, forestry, mining or landfill use will be excluded from the new exemption. Although that maintains the definition of previously developed land in the national planning policy framework (NPPF), there seems little ecological justification for that approach given that BNG is habitats based and it is unlikely that there will be significant differences in habitat between concrete yards and buildings used for industrial purposes and the same concrete yards and buildings used for agricultural purposes.

The consultation opened on 15 April and will close on 10 June.

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