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Landscaped courtyard garden, Vajrasana Retreat. Photo: Dennis Gilbert/View Pictures/Universal Images Group via Getty
Landscaped courtyard garden, Vajrasana Retreat. Photo: Dennis Gilbert/View Pictures/Universal Images Group via Getty

Is an “abuse of exemptions” holding back Biodiversity Net Gain?

More than 75% of planning applications have claimed an exemption to Biodiversity Net Gain, after new figures reveal dramatic rise in “de minimis” exemptions since the policy came into effect last year. Christine Murray reports

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According to new figures from the Planning Portal, more than 75% of non-householder planning applications have claimed exemptions from Biodiversity Net Gain (BNG) requirements, a measure that legally enforces developers to mitigate habitat loss and environmental harm.

 

Data revealed by TerraQuest, who run the Planning Portal, in a new report shows a plunge in the number of BNG sites being developed and a surge in sites claiming an exception. Of the eight possible exemptions from BNG, the number of applications using the ‘de minimis’ exemption – for sites that do not impact a priority habitat – has risen dramatically, from 29% to 76% of non-householder exemptions between August and December 2024.

 

Geoff Keal, CEO at TerraQuest, says: “Since the launch of the Biodiversity Net Gain policy, there has been an ongoing industry discussion about its implementation. Our latest report adds to this debate, highlighting key trends in the data —including a higher-than-expected use of exemptions.”

 

“We’re pleased to share these insights to support the industry-wide conversation,” Keal adds.

 

Figures show a dramatic increase in the use of the de minimis exception
Figures show a dramatic increase in the use of the de minimis exception
The data also shows an overall decline in total exemptions
The data also shows an overall decline in total exemptions

 

Oliver Lewis, CEO of Joe’s Blooms, says small sites should play a bigger role in restoring nature: “The abuse of the exemptions policy, especially the de minimis, is holding back progress in meeting nature restoration targets, including with small sites which make up the majority of planning applications,” says Oliver Lewis, CEO of Joe’s Blooms.  

 

“Overall we are seeing a declining trend in exemptions as understanding of BNG beds in. I would expect to see the figure [of de minimis exemptions] stabilise and drop a bit over time”

 

“By making small changes to the exemptions regime, the government can unlock sustainable growth and reverse the biodiversity crisis in a win for both housing and nature,” Blooms said.

 

However Nick White, Principal Advisor – Net Gain at Natural England, suggests the change in exemptions is not unexpected and anticipates that numbers will stabilise: “There was some uncertainty about the precise definition of this exemption which has now been clarified. This should ensure the exemption is correctly applied going forwards.

 

“Many planning applications are for very small-scale projects which have little or no impact on nature and these are exempt from BNG,” says White. “Overall we are seeing a declining trend in exemptions as understanding of BNG beds in. I would expect to see the figure [of de minimis exemptions] stabilise and drop a bit over time.”

 

Biodiversity Net Gain went live in February 2024 for major developments and April 2024 for small sites with legally binding targets that developments achieve a 10% net positive impact on biodiversity. Exemptions to BNG include self-build and custom developments.

 

Find out more Read the report Biodiversity Net Gain: The Story So Far

 

 

 

 

 


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