Discharging the statutory biodiversity gain condition
The biodiversity gain condition has its own separate statutory basis, as a planning condition under Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).
To discharge the biodiversity gain plan condition, the statutory framework requires a Biodiversity Gain Plan to be submitted to the Local Planning Authority prior to the commencement of development. Development cannot begin until the gain plan has been approved. The Biodiversity Gain Plan must be submitted in writing, no earlier than the day after planning permission has been granted.
Developers can apply to discharge the biodiversity gain condition on its own or alongside other planning conditions by making an application for matters reserved by condition on the Planning Portal https://www.planningportal.co.uk/applications
There are two different types of Gain Plan conditions: a standard gain plan and a phased development gain plan. Each requires completion of a different Gain Plan template, depending on which condition is applicable.
If the standard gain plan condition has been applied the developer will need to submit a completed Biodiversity Gain Plan Template as part of their application. https://www.gov.uk/government/publications/biodiversity-gain-plan
In the case of a phased development, the developer will need to complete different gain plan forms. The Overall Biodiversity Gain Plan (this must be approved before you can begin any development) and a Phase Biodiversity Gain Plan (for each phase of the development). The Overall Plan and the first Phase Plan must be approved before you can start any work on that phase, and you can only start work on subsequent phases once that specific phase plan has been approved. https://www.gov.uk/government/publications/biodiversity-gain-plan-phased-development-templates
Each form includes mandatory questions and additional required information. To ensure your application is accepted as valid, first check the planning decision notice to identify which condition has been applied. Then refer to the notes below to see what must be provided.
There is also information on discharging the pre-commencement Habitat Management and Monitoring Plan (HMMP) condition, which although not a Gain Plan condition, cannot be discharged until the Gain Plan itself has been approved.
Discharging the Statutory Biodiversity Gain Plan Condition
Biodiversity Gain Plan Condition
Planning Decision Notice Condition Wording:
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition (the biodiversity gain condition) that development may not begin.
Unless:
- A Biodiversity Gain Plan has been submitted to the planning authority, and
- The planning authority has approved the plan.
(This permission will require the submission and approval of a Biodiversity Gain Plan before development commences).
For guidance on the contents of the Biodiversity Gain Plan that must be submitted and agreed by the council prior to the commencement of the consented development please see the link: https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan
Developers must submit the following information :
1. Biodiversity Gain Plan
A fully completed Biodiversity Gain Plan using the Government's template available from: https://www.gov.uk/government/publications/biodiversity-gain-plan
2. Biodiversity Metric Calculation (Section 4.14 on Gain Plan Template)
An up to date completed statutory biodiversity metric or small sites metric (statutory biodiversity metric) excel spreadsheet. If there has been no change, you can resubmit the original that was submitted as part of the planning application. The choice of biodiversity metric must be guided by the following: https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides
3. Condition Assessments (Section 4.15 on Gain Plan Template)
Up to date condition assessments must be submitted. If there has been no change, you can resubmit the original that was submitted as part of the planning application.
4. Pre-development Habitat Survey Report and Map (On site Baseline) (Section 4.16 on Gain Plan Template)
A pre-development survey report must be submitted together with a map. The map must be drawn to an identified scale and show the direction of North. It must include all baseline habitats, including the area of each habitat type. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
5. Post Development Habitat Map or Landscape Plan (On site) (Section 4.17 on Gain Plan Template)
The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
Depending on how the form has been completed developers may also need to submit the following information:
If creating your own bespoke off-site biodiversity habitat on land within your ownership:
Off-site Pre-Development Baseline and Post Development Habitat Maps.
If the developer is delivering off-site gains on land within the developer's ownership or through a third-party landowner. These maps must be drawn to an identified scale and show the direction of North. The maps must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
If the development has impact on irreplaceable habitats:
An Approved Compensation Plan (Section 5.2 on the Gain Plan Template)
If planning to use statutory biodiversity credits:
Evidence that there are no units available through the market (Section 8.3 on Gain Plan Template)
Send a copy of the message from at least three habitat providers or a search result from the online registers.
Proof of Purchase of Statutory Biodiversity Credits (Section 8.4 on Gain Plan Template)
Send proof of purchase and the reference number.
Discharging the Statutory Biodiversity Gain Plan Condition for Phased Development
Biodiversity Gain Plan Condition for Phased Developments
Planning Decision Notice Condition Wording:
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition (the biodiversity gain condition) that development may not begin unless:
- A Biodiversity Gain Plan has been submitted to the planning authority, and
- The planning authority has approved the plan.
The permission which has been granted has the effect of requiring or permitting the development to proceed in phases. The modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply.
In summary: Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun (the overall plan), and before each phase of development may be begun (phase plans).
For guidance on the contents of the Biodiversity Gain Plans that must be submitted and agreed by the council prior to the commencement of the consented development please see the link: https://www.gov.uk/guidance/submit-a-biodiversity-gain-plan.
Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as amended).
For the Overall Biodiversity Gain Plan developers must submit the following information:
1. Overall Biodiversity Gain Plan Template
A fully completed Overall Biodiversity Gain Plan using the Government's template available from: https://www.gov.uk/government/publications/biodiversity-gain-plan-phased-development-templates
2. Biodiversity Metric Calculation (Section 6.1 on Overall Biodiversity Gain Plan Template)
An up to date completed statutory biodiversity metric or small sites metric (statutory biodiversity metric) excel spreadsheet. If there has been no change, you can resubmit the original that was submitted as part of the planning application. The choice of biodiversity metric must be guided by the following: https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides
3. Condition Assessments (Section 6.2 on Overall Biodiversity Gain Plan Template)
Up to date condition assessments must be submitted. If there has been no change, you can resubmit the original that was submitted as part of the planning application.
4. Pre-Development Habitat Survey Report and Map (On site Baseline) (Section 6.3 on Overall Biodiversity Gain Template)
A pre-development survey report must be submitted together with a map. The map must be drawn to an identified scale and show the direction of North. It must include all baseline habitats, including the area of each habitat type. If the statutory biodiversity metric has been used, units must be hectares (ha) for the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
5. Proposed Post Development Habitat Map or Landscape Plan if applicable (On site) (Section 6.4 on Overall Gain Plan Template)
The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
Depending on how the form has been completed developers may also need to submit the following information with the Overall Gain Plan:
If the development affects irreplaceable habitat:
Approved Compensation Plan (Section 7.2 on Overall Gain Plan Template)
If you have bought biodiversity credits evidence that there were no units available through the market at the time you bought them:
Provide evidence from at least 3 habitat providers or a time stamped screen shot of a research result from online registers (Section 12.3 on Overall Gain Plan Template)
For the Phased Gain Plan developers must provide the following information:
1. Phase Biodiversity Gain Plan
A fully completed Biodiversity Gain Plan using the Government's template available from: https://www.gov.uk/government/publications/biodiversity-gain-plan-phased-development-templates
2. Biodiversity Metric Calculation (Section 6.1 on the Phase Biodiversity Gain Plan Template)
An up to date completed statutory biodiversity metric or small sites metric (statutory biodiversity metric) excel spreadsheet. If there has been no change, you can resubmit the original that was submitted as part of the planning application. The choice of biodiversity metric must be guided by the following: https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides
3. Condition Assessments (Section 6.2 on the Phase Biodiversity Gain Plan Template)
Up to date condition assessments must be submitted. If there has been no change, you can resubmit the original that was submitted as part of the planning application.
4. Post Development Habitat Map or Landscape Plan (On site Baseline) (Section 6.3 on the Phase Biodiversity Gain Plan Template)
The map must be drawn to an identified scale and show the direction of North. It must show existing habitat types to be retained and enhanced, and new habitat types to be created. If the habitat module and kilometres (km) for the watercourse and hedgerow modules. If the small sites biodiversity metric has been used, units must be metres squared (m²) for the habitat module and metres (m) for the watercourse and hedgerow modules.
Depending on how the form has been completed developers may also need to submit the following information:
If the development affects irreplaceable habitat:
Approved Compensation Plan (Section 7.2 on Phased Gain Plan Template)
Discharging the Biodiversity Net Gain Habitat Management and Monitoring Plan (2)
BNG Habitat Management and Monitoring Plan
Planning Decision Notice Condition Wording:
Prior to the commencement of development but after the approval of the Biodiversity Net Gain Plan a 30-year Habitat Management and Monitoring Plan (HMMP) for the provision of a minimum 10% Biodiversity Net Gain (BNG) shall be submitted to and approved in writing by the Local Planning Authority.
- The HMMP shall be based upon Natural England's Habitat Management and Monitoring Plan Template and shall include the HMMPT Companion Document and a list of what will form part of the Habitat Management and Monitoring Reports submitted for Part 2 of this condition.
- From the date of last occupation, or the date that the BNG creation and enhancement works have been completed, whichever is the earliest, a BNG Habitat Management and Monitoring Report must be submitted to and approved in writing by the Local Planning Authority in years 1, 2, 3, 4, 5, 10, 15, 20, 25 and 29.
The development shall proceed on the basis of all approved documents and timings as approved under 1 and 2 for the duration of the HMMP.
Reason: To ensure measurable net gains to biodiversity and in accordance with the Environment Act 2021 and Arun Local Plan policies ENV SP1 and ENV DM5.This must be a pre-commencement condition because it relates to the creation and retention of biodiversity net gain in accordance with schedule 7A to the Town and Country Planning Act 1990.
This is a separate condition to the Biodiversity Gain Plan condition and there is no need to complete a Gain Plan form when applying to discharge this condition. This condition is applied where significant onsite BNG is identified. Sites where BNG is not considered significant, (small and low distinctiveness habitats), and offsite BNG do not require a Habitat Management and Monitoring Plan (HMMP).
This condition can only be agreed after the Gain Plan has been approved.
The report must specify how significant on-site, and all off-site habitats will be established, managed and monitored. Guidance on creating a habitat management and monitoring plan can be found here
A template can be found on the Natural England Website
https://publications.naturalengland.org.uk/publication/5813530037846016