75% of Planning Applications Claim Biodiversity Net Gain Exemption

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12 February 2025

More than 75 per cent of non-householder planning applications have claimed exemptions from Biodiversity Net Gain requirements since the policy came into effect in 2024.

The data in “Biodiversity Net Gain: The Story So Far” from TerraQuest reveals that the most common reason for exemption was self-build or custom developments and sites that do not impact a priority habitat – known as “de minimis.”

The amount of applications using this as a reason for exemption rose dramatically month on month until July 2024, reaching a high of 76 per cent of total non-householder exemptions between August and September 2024. The figure remained at above 75 per cent between September and December 2024.

Biodiversity Net Gain (BNG) means that developers building new housing, industrial or commercial developments will have to deliver tangible net gains for biodiversity, such as creating new wildlife habitats. It’s part of the Environment Bill’s commitment to conserving and enhancing biodiversity. It became a mandatory requirement for major developments as of 12 February 2024, and for small sites from 2 April 2024.

The report also states that, after the small sites exemption was removed, the number of exemptions applied for does not correlate to the number of self-build and custom-build applications. 

Geoff Keal, CEO at TerraQuest, said: “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.

“TerraQuest and Planning Portal are committed to supporting sustainability in the built environment and believe in the potential of bold legislative initiatives like Biodiversity Net Gain. However, it is essential that such measures are implemented correctly and practically to achieve the positive outcomes that motivated them. We’re pleased to share these insights to support the industry-wide conversation.”

What are the Exceptions from BNG?

• Retrospective applications
• Developments that do not impact on a priority habitat (De minimis)
• Urgent crown developments granted permission under section 293A of the Town and Country Planning Act 1990
• Developments granted planning permission by a development order under section 59
• Self-build and custom-build developments
• High-speed railway transport network
• Householder developments
• Biodiversity net gain sites

Picture: a photograph of some pine trees in a remote location. Image Credit: Unsplash

Article written by Ella Tansley | Published 12 February 2025

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