Skip to main content

SponsoredBuild your website with Vincony

Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Environmental Law

Biodiversity Net Gain

A requirement, inserted into the Town and Country Planning Act 1990 by Schedule 14 to the Environment Act 2021, that grants of planning permission in England be conditional on delivering a biodiversity value at least 10% above the pre-development value, measured using the statutory biodiversity metric and maintained for a minimum period.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

Schedule 14 to the Environment Act 2021 inserts a new Schedule 7A ('Biodiversity gain in England') into the Town and Country Planning Act 1990. Under paragraph 2 of that Schedule, the biodiversity gain objective is met in relation to development for which planning permission is granted if the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least the relevant percentage — and the relevant percentage is 10%. Biodiversity value attributable to a development is the sum of the post-development onsite value, any registered offsite biodiversity gain allocated to the development, and the value of any biodiversity credits purchased for the development, all calculated using the biodiversity metric, a document produced and published by the Secretary of State.

Where an increase in onsite biodiversity value is relied on to help meet the objective, the Schedule imposes a durability condition: the increase must be maintained for at least 30 years after the development is completed, a period the Secretary of State may extend (but not reduce) by regulations. The Secretary of State may also amend the 10% relevant percentage itself by regulations.

Related terms

Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.