Biodiversity net gain details required from 12 February 2024
Legislation requiring information on biodiversity net gain to be submitted as part of planning applications and post-permission discharge of conditions in England came into force on 12 February 2024. We are facilitating this on our website and online application services.
Note: This post was updated on 10 April to reflect that the changes have taken place, including the ending of the temporary exemption for ‘small sites’.
There is a growing amount of published government information and guidance about biodiversity net gain, including the key planning practice guidance.
We analysed the published material and engaged with the Department for Levelling Up, Housing and Communities to ensure that we delivered a compliant solution to users.
From 12 February 2024, planning applications for major development proposals (as defined in legislation) will, unless exempt, need to demonstrate biodiversity net gain to the levels specified.
‘Small sites’ (i.e. non-major developments) were temporarily exempt until 2 April 2024, but the same requirements now apply.
Applications for such proposals will need to include sufficient details to be validated and, if they receive consent, will need the ‘general biodiversity gain condition’ discharged before work can begin.
Changes to Planning Portal
Additional question set updates
Please note: The exemption for ‘small sites’ is still available as an option, but is not valid from 2 April 2024 onward. Work to remove this option will take place going forward.
Prior to the initial implementation, Government specified additional content and question set updates at very short notice. These, which have now been implemented:
- Updated the content of the question sets to provide more clarity on the required actions.
- Removed the need to specify the version of the metric calculation where used.
The original changes made in advance of the 12 February 2024 were as follows:
Adding an additional specific ‘biodiversity net gain’ question to all full and outline planning applications
This allows users to either:
State why their proposal is not subject to the requirements, based on the exemptions allowed by government (including ‘small sites’ while they are not covered)
Users will need to select any exemptions that apply and enter the reasoning for selecting the exemption. Any additional evidence can be added as a supporting document.
Where the proposal is subject to the requirements, provide relevant details and refer to any additional supporting information that they will be providing.
Users will need to enter the pre-development biodiversity value (including details of the date of calculation and metric used), details of supporting information being provided (uploaded in supporting documents section), and any specifics on onsite habitat loss and irreplaceable habitats if relevant.
Adding a separate new question to all householder planning applications
This simply allows users to confirm that their proposal does not fall under the biodiversity net gain requirements, based on the current exemption for householder proposals (as defined by legislation).
Adding a range of new specific supporting document types for biodiversity net gain
These cover off the types of information we expect to be provided in initial planning applications or in subsequent post-permission applications to discharge relevant conditions.
New supporting document types:
- Biodiversity statement
- Biodiversity gain plan
- Biodiversity metric calculation tool
- Baseline onsite habitat map/plan (pre-development)
- Baseline onsite habitat survey report (pre-development)
- Onsite irreplaceable habitat details
- Onsite habitat map/plan (post-development)
- Condition assessment sheets
- Approved compensation plan
- Biodiversity credits details
- Habitat management and monitoring plan
Currently, these will all be optional documents, as certain exemptions will mean that there may be no requirement to supply additional information.
Biodiversity metric calculation tool: File format and macros
Users should save their calculation tool Excel files in the .xlsx format for upload to the Planning Portal, as specified in the tool’s user guide.
We flagged concerns to government, based on their own national cyber security guidance, over use of the macro enabled .xlsm Excel file format for the ‘Biodiversity metric calculation tool’.
Due to the outlined risks, we do not currently allow any .xlsm format Excel files to be uploaded to Planning Portal, and users will see an error message if this is attempted.
Updating and supplementing our website content on biodiversity net gain
This covers the overarching sustainability principles that planning needs to deliver on, the specifics regarding biodiversity net gain, and information regarding how this directly applies to use of our online application system.
What this means for applicants and their agents
Any application for planning permission in a ‘draft’ state on Planning Portal will need to have the relevant biodiversity net gain question completed to meet the requirements necessary to allow submission.
Please note: The new application questions were introduced on 8 February 2024 in advance of the implementation date of 12 February 2024. In this interim period, users were able to select a specific exemption that covers applications submitted before the implementation date , or simply confirm (in the case of a householder application) that the requirements did not apply.
There is help text and guidance available to ensure that the requirements are understood, so that either the relevant exemption can be selected and evidenced; or the necessary information be supplied.
When uploading supporting information, the new supporting document types allow you to specify the contents of each file to assist local authorities in processing the application. Please note the advice above about only being able to upload .xlsx (and not .xlsm) format Excel files.
Finally, if applying to discharge a biodiversity gain condition on a planning permission, the same supporting document types are available for use when supplying required information.
What this means for local planning authorities
Since the requirements were put in place on 8 February 2024 (in advance of their implementation on 12 February 2024), you will have started to see information from the additional application question and supporting documents appear in online submissions for planning permission (all full, outline and householder applications including for demolition in a conservation area).
If such proposals are subsequently granted permission, then you may also receive follow-on applications for approval (discharge) of conditions with biodiversity net gain supporting information attached.
Application data for biodiversity net gain
The application data related to the new biodiversity net gain questions is not available in the XML datafile your IT system retrieves as part of the online submission. It is only available in the new .JSON format datafile that is also included. All supporting documents will be provided in all cases.
This means that until your IT system is able to utilise our new .JSON data standard, you will not be able to automate import of biodiversity net gain application data and will need to utilise the PDF application forms we include in the submission to review the biodiversity net gain question responses.
You may also need to update the ‘mappings’ for supporting documents, so that the new types we added are correctly processed, otherwise they may not be specifically identified.
How can my local authority automate import of new application data?
Please contact us, and include your IT supplier, to discuss how you can transition to our new modern data standard and API, as this will be the mechanism used to deliver additional application data alongside enhanced integration and functional interaction with Planning Portal going forward.
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