75% of planning applications claim exemptions from Biodiversity Net Gain

The policy, which became operative in February 2024 for major developments and April 2024 for small sites, was introduced to legally enforce measures that mitigate environmental harm and habitat loss.

It sets the principle that all developments must achieve a 10% net positive impact on biodiversity. The data, set out in “Biodiversity Net Gain: The Story So Far”, from TerraQuest, the provider of Planning Portal, shows the adoption of the policy a year into implementation. As the report shows, the requirement that applies to ‘most’ planning applications is not being consistently carried out with some submissions claiming exemptions to avoid BNG requirements altogether.

There are eight exceptions from BNG. The report reveals that the most popular are self-build or custom developments and sites that do not impact a priority habitat – known as ‘de minimis’. Alongside this, retrospective applications are not required to prove BNGs.

The report reveals that in the period following the introduction of the policy, the number of applicants using the ‘de mimimis’ exemption rose drastically. Starting at 29%, this increased to more than three quarters (76%) of the total of non-householder exemptions between August and December 2024. These statistics imply the removal of the ‘small site’ exemption in April 2024 may have contributed to an increased use of other exemptions.

Discussing the report, 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.”

The report is accompanied by analysis from experts drawn from across the industry, including Natural England, Broadfield Law and Joe’s Blooms.

To help ensure applicants are correctly applying Biodiversity Net Gain, Planning Portal has released improved guidance around the most popular exemptions.

For more information about Planning Portal’s Biodiversity Net Gains guidance, please visit: planningportal.co.uk/permission/responsibilities/other-permissions-you-may-require/biodiversity-net-gain