The requirements for Biodiversity Net Gain (BNG) need time to establish before further changes are made, the Office for Environmental Protection (OEP) says.
The Environment Act 2021 introduced mandatory BNG requirements in England, which came into effect in 2024 for major and minor developments, with the intention of ensuring that development would result in a 10% uplift of biodiversity. It is due to come into effect for nationally significant infrastructure projects in November this year.
Government is consulting on the potential to introduce an exemption to BNG requirements for residential developments on brownfield land. This is the second consultation on proposed exemptions to the regime, which came into effect in November 2024.
In its response to this consultation, the OEP recommends that the full BNG regime should be allowed to come into effect, so that learning and experience can be gained. That way, there will be greater confidence that any further proposed changes will actually be improvements.
The OEP warns that introducing the proposed exemption on brownfield sites, in common with earlier proposed changes, risks undermining confidence in nascent nature markets.
Fostering emerging nature markets is critical, says the OEP, and the BNG regime has been important for creating mechanisms and confidence to facilitate private market investment in biodiversity improvements.
The OEP is also questioning the need for the exemption, as little in the way of evidence is presented that makes clear the need for change.
In the OEP’s consultation response, CEO Natalie Prosser says: “We recognise this government’s ambition in respect of housing and growth. However, on the basis of the evidence provided, it is not clear that a brownfield residential exemption would lead to the number of new homes that would be notable in the context of government’s housing delivery ambition. Conversely, they may have an impact in respect of commitments to nature recovery.”
The OEP also commented on the supporting evidence and details of how the Environmental Principles Policy Statement (EPPS) has been applied in the development of the proposals.
The information accompanying the current consultation shows that the cost to nature would be significantly more than the savings to developers.
While the OEP believes that information relating to how environmental principles has been considered in creating this policy it says an EPPS assessment would be helpful to those considering the questions posed in the consultation.
The OEP's full response to the consultation on proposed changes to BNG requirements for developments on brownfield sites can be found on the blue button at the side of this page.
The OEP’s response to a previous consultation on changes to BNG requirements can be found here.
