{"id":778698,"date":"2025-03-20T09:27:09","date_gmt":"2025-03-20T09:27:09","guid":{"rendered":"https:\/\/www.architectsjournal.co.uk\/?p=778698"},"modified":"2025-03-24T09:59:11","modified_gmt":"2025-03-24T09:59:11","slug":"find-your-way-through-the-biodiversity-net-gain-maze","status":"publish","type":"post","link":"https:\/\/www.architectsjournal.co.uk\/news\/find-your-way-through-the-biodiversity-net-gain-maze","title":{"rendered":"Find your way through the biodiversity net gain maze"},"content":{"rendered":"
\"\"

Environment Bank\u2019s off-site habitat bank in North Yorkshire<\/p>\n\t

Source:Environment Bank<\/p><\/div>\n

It all sounds so simple, so commendable. When you build something new, you must make sure there is more natural habitat on the site \u2013 \u2018measurably better\u2019, as the legislation puts it \u2013 than before the contractors\u2019 shovels went into the ground.<\/p>\n

But the seeds of good ideas take time to blossom, and the first year of the Biodiversity Net Gain (BNG) regime has not been without its hiccups. One report in The Telegraph<\/i> even claimed the new biodiversity drive was \u2018killing developments and destroying affordable housing schemes\u2019. \u00a0<\/span><\/p>\n

Introduced for major developments on 12 February 2024 and for smaller developments two months later, BNG mandates that all new developments, except a \u2018narrow\u2019 exemption list, deliver at least 110 per cent of a site\u2019s pre-existing biodiversity.\u00a0<\/span><\/p>\n

Dubbed \u2018the biggest change to planning regulations in decades\u2019 by the Conservative government at the time, the law, embedded in the Environment Act, promised to help reverse a \u2018devastating decline\u2019 in UK species, which have plummeted 19 per cent in their abundance since the 1970s. It recognised, for the first time, the value of all English wildlife habitats within the planning system.<\/p>\n

In practice, a site\u2019s biodiversity value, both before and after development, is measured in \u2018biodiversity units\u2019 by an ecologist using a standardised metric. Developers must then guarantee a 10 per cent increase on this value, via a \u2018mitigation hierarchy\u2019 of biodiversity delivery options.<\/p>\n

\n

\u2018Clients will often ask for the cheapest option without accounting for the full-on, ongoing maintenance regime\u2019<\/span><\/p>\n<\/blockquote>\n

The most preferred is an on-site uplift \u2013 for example by incorporating wildflower meadows, hedgerows, bat boxes,or ponds and wetlands into a scheme\u2019s landscaping \u2013 followed by off-site gain, which secures like-for-like biodiversity units from a landowner. As a \u2018last resort\u2019, developers can buy biodiversity \u2018statutory credits\u2019 from Natural England. Crucially, developers must maintain the uplift for 30 years.\u00a0<\/span><\/p>\n

The nation\u2019s BNG drive has been hailed by Oxford University biologist Natalie Duffus as \u2018one of the most ambitious schemes\u2019 the world has seen, with other nations watching keenly to see how it unfolds.<\/p>\n

The legislation is complex and still evolving but the industry is rapidly wising up to both the benefits and snags of BNG. So how is the law faring?\u00a0<\/span><\/p>\n

Like any new legislation, BNG has suffered teething problems in its first 12 months.\u00a0<\/span><\/p>\n

As the industry scrambled to respond to the new law, environmental consultants were inundated. Nora von Xylander, biodiversity and sustainability specialist at Tunley Environmental consultancy, says the \u2018stressful\u2019 first year has been mired in delays and frustrations as clients raced to adapt or re-submit plans to meet BNG requirements. She says the message from development teams has been: \u2018We needed this yesterday\u2019.\u00a0<\/span><\/p>\n

\"\"

Biodiverse courtyard in Arcadis\u2019s mixed-use Corkfield development, Birmingham<\/p>\n\t

Source:Arcadis<\/p><\/div>\n

But von Xylander says architects are now \u2018looking at BNG from the start, rather than tracing it backwards\u2019 \u2013 and clients are becoming \u2018more and more receptive\u2019 by the month.<\/p>\n

Architects might be ahead of the game, but the BNG planning panic has had an industry-wide ripple effect \u2013 and not all for the good.<\/p>\n

An AJ expert source, who wishes to remain anonymous, says BNG has led to a \u2018cowboy market\u2019 as developers flounder for information and opportunists jump into the skills vacuum.\u00a0<\/span><\/p>\n

The source cites developers \u2018literally bending rules to get through\u2019, local planning authorities \u2018taking payments for BNG when [the authority] hasn\u2019t got a way of delivering it\u2019, ecologists writing \u2018blatantly false\u2019 biodiversity plans and habitat bank operators offering \u2018ridiculous\u2019 off-site solutions \u2018purely for commercial gain\u2019.\u00a0<\/span><\/p>\n

Amid the ruckus, those organisations with genuine expertise in BNG are highly sought-after.<\/p>\n

Matthew Morrison-Clarke, business development manager at Berkshire, Buckinghamshire & Oxfordshire Wildlife Trusts, a longstanding provider of both off-site habitats and BNG consultancy services, says demand has \u2018totally escalated over the last year\u2019.\u00a0<\/span><\/p>\n

He agrees that, across the new nature market, \u2018the actual consistency and quality of advice is really, really poor\u2019, leaving \u2018frustrated\u2019 architects and \u2018disenchanted developers\u2019 wasting time and money on bad advice.<\/p>\n

Morrison-Clarke notes schemes where developers have, for example, sold 19 out of 20 properties on a site, but can\u2019t complete the sale or occupation of the 20th until they have met their BNG conditions. Meanwhile, a major multinational company, which the AJ cannot name, has engaged \u2018a number of external consultants, all of whom are giving them different advice\u2019, and is desperately asking: \u2018how do we find out what to do?\u2019\u00a0<\/span><\/p>\n

The skills gap is equally stark on the other side of the fence \u2013 within councils.\u00a0<\/span><\/p>\n

Morrison-Clarke has advised developers with construction teams \u2018literally on site\u2019 but unable to start as they await BNG approvals from under-resourced local authorities.<\/p>\n

A 2023 survey into skills and capacity in planning departments by the Ministry of Housing, Communities and Local Government (MHCLG) warned that only a third of local authorities had access to their own in-house ecologist \u2013 a figure \u2018at odds\u2019 with the national focus on tackling biodiversity loss. Morrison-Clarke predicts the \u2018rough ride\u2019 will continue for another 12 months. But he is optimistic that the BNG market\u2019s professionalism \u2013 and local planning authorities\u2019 resourcing and standards \u2013 will settle. \u2018It\u2019s at a very early stage, so we shouldn\u2019t be too critical\u2019, he says. \u2018Give it time.\u2019<\/p>\n

Emma Toovey is an ecologist and chief land and nature officer at Environment Bank, an \u2018off the shelf\u2019 biodiversity unit provider with 30 live sites across the country, offering developers like-for-like off-site credits since 2021. Toovey, similarly, noticed a rise in \u2018opportunists\u2019 and \u2018jostling\u2019 to meet strong demand in the nascent market. But she is now seeing \u2018some really strong emerging operators\u2019, as well as \u2018significant upskilling\u2019 from both advisors and planning authorities. \u00a0<\/span><\/p>\n

Importantly, says Toovey, BNG has established \u2018a transformational framework to ensure that ecological outcomes are delivered\u2019, along with \u2018robust governance\u2019 for the long-term.<\/p>\n

Observations and challenges<\/b>\u00a0<\/span><\/span><\/p>\n

But has the legislation had a measurable impact on wildlife? Figures released in February by Wildlife and Countryside Link, a coalition of 86 environmental organisations, found that BNG had delivered \u2018less than 13 per cent\u2019 of the 5,428ha of post-development habitat which Defra estimated would be generated annually.<\/p>\n

Nick Hawkes, media and campaigns manager at the organisation, told the AJ that the research suggests BNG \u2018is not quite as up-and-running as we\u2019d like to see it\u2019.<\/p>\n

But Andy Howard, chief executive of biodiversity management consultancy CSX Carbon, says it is \u2018likely to take a few years on most sites before substantial gains begin to become obvious\u2019.<\/p>\n

He adds: \u2018It takes a little while for mother nature to wake up and respond, given the pressure she has been put under.\u2019\u00a0<\/span><\/p>\n

Howard says BNG has \u2018certainly been effective in getting stakeholders to think about nature recovery\u2019. And, across the board, experts enthusiastically cite a general shift in mindset towards \u2018nature-based solutions\u2019 in development.<\/p>\n

BNG\u2019s shorter-term impacts are already becoming clear to architects, landscape architects, consultants and policy advisers.<\/p>\n

The battle to meet BNG targets has revealed one particularly tough sticking point for SME developers.\u00a0<\/span><\/p>\n

\u2018Small sites are really struggling,\u2019 says consultant landscape architect Lindsey Wilkinson, who explains that a 10 per cent biodiversity uplift can quickly become \u2018overly burdensome\u2019 on a small site with \u2018not a lot of give\u2019.\u00a0<\/span><\/p>\n

Morrison-Clarke agrees: \u2018You cannot [create] species-rich grassland habitat and secure it for 30 years in a pocket of land the size of a front garden, because [people] will just mow it\u2019. Often, for these small sites, off-site provision appears to be the only option.\u00a0<\/span><\/p>\n

And BNG is also proving challenging for specific larger projects. Jan-Maurits Loecke, director and global lead sustainability retail\/mixed use at Arcadis.<\/p>\n

BNG is challenging when \u2018every single square centimetre, particularly in hospital buildings\u2019, needs to be developed, says Loecke. Large-scale healthcare projects have \u2018aggressive programmes\u2019, including high technical specifications and acute pressure on space.\u00a0<\/span><\/p>\n

He is \u2018personally very critical\u2019 of using off-site provision as the alternative. That, insists Loecke defies the purpose of BNG, which is to bring more nature on-site, as well as ignoring its benefits to humans living in overpopulated areas \u2013 including air quality and cooling.<\/p>\n

Alethea Ottewell, head of landscape architecture at HLM Architects, says BNG is already helping to retain many of the benefits which \u2018often get value-engineered out\u2019 of projects, which, she adds, makes schemes \u2018a lot more interesting\u2019.\u00a0<\/span><\/p>\n

Reworking a later living scheme in Sheffield to hit BNG targets, she says, has allowed her to \u2018push the scheme even more to get a better [outcome] for the landscape\u2019.<\/p>\n

Even so, Ottewell\u2019s team is \u2018still struggling\u2019 to meet the scheme\u2019s targets, partly because it was deemed unsuitable for a green roof due to cost and maintenance requirements.<\/p>\n

\"\"

Landscaping for Biodiversity Net Gain in HLM\u2019s later living scheme, South Yorkshire<\/p>\n\t

Source:HLM Architects<\/p><\/div>\n

Selling a 30-year \u2018ongoing maintenance\u2019 culture to clients is an additional challenge for design teams. Fellow HLM landscape architect Noor Itrakjy says clients will often ask for the cheapest option without accounting for the \u2018full-on, ongoing maintenance regime and inspections\u2019 that go with it.\u00a0<\/span><\/p>\n

Moreover, some particularly \u2018high-quality\u2019 and unique environments \u2013 such as so-called mosaic habitats, where different habitats are found close together \u2013 simply cannot be recreated on-site. Itrakjy says these hurdles aren\u2019t helped by reluctant developers still asking: \u2018What\u2019s the absolute minimum we can do for BNG?\u2019\u00a0<\/span><\/p>\n

Policy<\/b><\/p>\n

While BNG was a Tory brainchild, last summer the legislation became Labour\u2019s torch to bear. Recently, the new government\u2019s \u2018build, build, build\u2019 rhetoric has raised questions about the party\u2019s commitment to its nature-recovery regulations.\u00a0<\/span><\/p>\n

Becky Pullinger, head of land use planning at the Wildlife Trust, told the AJ the \u2018language that we\u2019ve heard from Rachel Reeves and Number 10\u2019 has \u2018not been very helpful\u2019 in acknowledging the positive role nature can play as part of a growth agenda.\u00a0<\/span><\/p>\n

Labour\u2019s proposal in January to introduce a Nature Restoration Fund, which developers would pay into to waive some of their on-site environmental obligations, caused further suspicion and confusion around how it relates to BNG.\u00a0<\/span><\/p>\n

But CSX Carbon\u2019s Howard insists \u2018much was made of the headlines\u2019 around the announcement, \u2018with little attention paid to the detail\u2019. Indeed, the accompanying working paper, published on 13 February this year, specifies that the Nature Restoration Fund proposals are intended \u2018to address a specific environmental impact\u2019 \u2013 funding large-scale, \u2018strategic\u2019 nature recovery projects such as water pollution mitigation and creation of nesting habitats \u2013 and \u2018are not expected to have any substantive impact on the implementation of mandatory Biodiversity Net Gain\u2019.<\/p>\n

But many are sceptical about how the complex and high-level nature policies can successfully interact with each other.\u00a0<\/span><\/p>\n

Alexa Culver, an in-house lawyer at nature restoration consultancy RSK Wilding, is concerned that even a Nature Restoration Fund with a clearly defined scope could \u2018accidentally undermine\u2019 BNG, by dampening confidence in private nature markets, as off-site providers fear they will eventually be \u2018gobbled up by the Nature Restoration Fund\u2019.<\/p>\n

\u2018What\u2019s putting England on the world stage in terms of nature-positive legislation is the idea of encouraging private investment into nature,\u2019 says Culver.\u00a0<\/span><\/p>\n

Rather than adding yet \u2018more cost and complexity\u2019 to planning laws \u2013 with developers forced to tackle BNG, the Nature Restoration Fund and other species mitigations separately \u2013 she says the government should \u2018stick with what we\u2019ve got and enforce it properly\u2019.\u00a0<\/span><\/p>\n

Culver says streamlining the BNG legislation should involve: tightening exemption \u2018loopholes\u2019; introducing more nuance to the biodiversity metric for \u2018pressures\u2019 such as pets and recreational activities; and expanding Natural England\u2019s site register to include on-site, as well as off-site, biodiversity monitoring \u2013 an idea supported by Wildlife and Countryside Link.\u00a0<\/span><\/p>\n

Architects and developers will have to roll with the punches a while longer yet as BNG\u2019s early problems are ironed out. But, as Loecke points out: \u2018Ultimately, BNG is not just about box-ticking. It\u2019s about us, the people, living longer, happier lives.\u2019\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

It all sounds so simple, so commendable. When you build something new, you must make sure there is more natural habitat on the site \u2013 \u2018measurably better\u2019, as the legislation puts it \u2013 than before the contractors\u2019 shovels went into the ground. But the seeds of good ideas take time to blossom, and the first …<\/p>\n","protected":false},"author":138919,"featured_media":778719,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_oasis_is_in_workflow":0,"_oasis_original":0,"ep_exclude_from_search":false},"categories":[681],"tags":[3520,100786],"yoast_head":"\nFind your way through the biodiversity net gain maze<\/title>\n<meta name=\"description\" content=\"As Biodiversity Net Gain legislation passes its first birthday, Anna Highfield looks at how architects are finding the new rules and asks whether Labour is as committed to nature recovery as the Tories\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.architectsjournal.co.uk\/news\/find-your-way-through-the-biodiversity-net-gain-maze\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta 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