What happens if you can’t deliver your BNG requirements?

Explaining the risks and consequences developers may face with BNG non-compliance, and how to avoid them.

Biodiversity Net Gain (BNG) is a planning requirement designed to ensure a development leaves the natural environment in a measurably better state than before. Most developments in England are required to deliver a minimum 10% biodiversity net gain. You can calculate your requirement using the statutory Biodiversity Metric.

But what happens if you cannot meet these requirements? Delays, additional costs and even refused planning permission may follow. Any developer navigating BNG requirements must understand the risks of non-compliance and take steps to avoid them.

What will happen if you cannot deliver the required 10% BNG?

Once your Biodiversity Gain Plan has been approved, any site delivering significant on-site habitat enhancements will require the developer to enter into a Section 106 agreement with the Local Planning Authority (LPA). If you fail to deliver what the LPA has approved, you commit a legal breach that can result in several consequences, including:

Delays- Your LPA may withhold planning permission, prevent further development or require corrective works, all of which can significantly delay your project.
Penalties- The LPA may take enforcement action or impose penalties for non-compliance.
Statutory Biodiversity Credits- If you fail to meet your biodiversity net gain obligations, the government may require you to purchase statutory biodiversity credits. It prices these credits as a last resort, so they are intentionally expensive.

Section 106 agreements also require 30 years of land management and habitat upkeep. If habitats deteriorate or are not properly managed during this period, you may still be found non-compliant many years after the development is completed.

In the most serious cases, deliberate non-compliance may result in:

Legal action and/or
Fines

A history of non-compliance can particularly damage repeat developers, as it may influence decisions on their future planning applications.

An Oystercatcher flies over a meadow and lake- one example of how biodiversity flourishes on off-site BNG units. — *Off-site BNG units result in well-located habitats that connect with the wider landscape, allowing wildlife to flourish*

Why is delivering on-site BNG particularly challenging?

Developer can underestimate the challenges that come along with establishing and maintaining high-quality habitats over a long period of time. This can often lead to accidental non-compliance, and the associated consequences.

Common challenges include site constraints, poor habitat quality, human disturbance and competing land use pressures. On-site BNG often results in small or fragmented habitat areas, which can struggle to mature into well-connected, high-quality habitats. This can reduce their biodiversity value and jeopardise compliance.

How can BNG Units LTD help you avoid these risks?

To minimise the risk of non-compliance with BNG requirements, developers must identify the necessary BNG units before submitting a planning application. This is where we can help!

We can streamline the process for you. As we already have a Section 106 agreement in place with the LPA, we can provide a ready-to-submit BNG proposal for you to include in your planning application.

Our unit price includes a comprehensive Habitat and Management and Monitoring Plan, detailing how we plan to establish, enhance, maintain and monitor the habitat for the required 30-year period. A Supply and Assurance Agreement will consolidate our commitment through a legally-binding contract.

BNG Units Ltd offers a range of registered Biodiversity Net Gain (BNG) units across the East of England, available for immediate purchase. To find out more, please contact Angus!