Local Plan Policies

The Environment Act 2021 introduces a mandatory requirement for new developments to deliver a net gain for biodiversity as part of the planning system. Developers in England will be required to deliver a 10% BNG, calculated using the Biodiversity Metric, so that there is a positive benefit for nature. 

The adopted Central Lincolnshire Local Plan, April 2023 seeks to deliver sustainable development: development that meets the needs of the present, without compromising the ability of future generations to meet their own need. The vision, objectives, and policies within the Local Plan build on those in the 2017 Local Plan and move away from simply conserving the natural environment to a position where habitats are also enhanced and extended by development. 

To help applicants deliver biodiversity net gain as required under Policy S61 and the national requirement, a guidance note has been prepared and is available below. This will be kept under review and will be updated upon further updates to legislation.

Biodiversity Net Gain Guidance Note

Biodiversity Net Gain - Validation Requirements

BNG is now a national mandatory requirement for major and minor applications. 

Where development would be subject to the general biodiversity gain condition, the application must be accompanied by minimum information set out in Article 7A of the Town and Country Planning Act 1990. For avoidance of doubt, the following is the mandatory minimum information required:

• Confirmation that the applicant believes that planning permission, if granted, the development would be subject to the biodiversity gain condition (This information may be provided through the Central Lincolnshire Biodiversity Gain Statement).
• The pre-development biodiversity value(s), either on the date of application or earlier proposed date (as appropriate)
• Where the applicant proposes to use an earlier date, this proposed earlier date and the reasons for proposing that date (This information may be provided through the Central Lincolnshire Biodiversity Gain Statement).
• The completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or proposed earlier date) including the publication date of the biodiversity metric used to calculate that value;
• A statement whether activities have been carried out prior to the date of application (or earlier proposed date), that result in loss of onsite biodiversity value (‘degradation’), and where they have:

1. A statement to the effect that these activities have been carried out
2. The date immediately before these activities were carried out
3. The pre-development biodiversity value of the onsite habitat on this date
4. The completed metric calculation tool showing the calculations, and any available supporting evidence of this

• A description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) on the land to which the application relates, that exists on the date of application, (or an earlier date) (This information may be provided through the Central Lincolnshire Biodiversity Gain Statement).
• Plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).

Or;

• Where applicants consider that the development would not be subject to the general biodiversity gain condition, a statement to set out what exemption(s) or transitional provision(s) apply to the development. (This information may be provided through the Central Lincolnshire Biodiversity Gain Statement) 

In addition to these minimum requirements, further information may be required to assist the consideration of BNG as part of the planning application, to enable the Local Planning Authority to consider whether the general condition is capable of being successfully discharged following approval. For example, where there are considerations around significant onsite biodiversity enhancements or use of offsite biodiversity units.

More information on BNG can be found in the planning practice guidance prepared by the Department for Levelling Up, Housing and Communities.

Exemptions

Planning applications that are exempt from requiring mandatory BNG include (but are not limited to):

• S73 applications for planning applications approved prior to BNG becoming mandatory
• Householder applications
• Permitted development
• De-minimis applications – those that have an impact on an area of habitat below 25m2 (such as 5m x 5m) and below 5m in length for linear habitats, and do not affect priority habitat at all.

For a full list and explanation of exemptions to mandatory BNG see Biodiversity net gain: exempt developments