[UPDATE: For the subsequent government response to this consultation, please view this post.]
The Department for Environment, Food and Rural Affairs (DEFRA) has published the following 2 consultations, which run for (approx) 8 weeks from 28/05/2025 until 24/07/2025:
Consultation documents:
- May 2025: [DEFRA] Improving the implementation of Biodiversity Net Gain for minor, medium and brownfield development - Consultation document (pdf) (link) (link).
- May 2025: [DEFRA] Consultation on Biodiversity Net Gain for Nationally Significant Infrastructure Projects (pdf) (link) (link).
Notes:
- The "Purpose of the consultation" section within the first of the above consultation documents includes the following information:
- "The introduction of a mandatory BNG [Biodiversity Net Gain] requirement represented a significant shift for developers, and we want to explore early opportunities to reduce process burdens, whilst still delivering measurable gains for nature. We want to gather views and evidence, and work with the sector to ascertain where changes could be implemented both to improve the experience of SME [Small and Medium-sized Enterprise] developers in the planning system and of the impact on nature.".
- "We have listened to industry and stakeholder groups, and this consultation sets out proposals based on initial feedback. It is focused on:
>>> ensuring proportionality in the application of BNG.
>>> improving the implementation of BNG for SME developers to deliver win-wins for development and nature.
>>> addressing specific challenges for some brownfield development.".
- "Government remains committed to BNG. It is a world leading policy, and it will be retained as a statutory requirement in the planning system, with the BNG framework set out in the Environment Act 2021 unchanged. BNG is not in scope of the Planning and Infrastructure Bill and the Nature Restoration Fund proposals in the Bill are not expected to have any substantive impact on the operation of BNG in practice. Where a developer engages with the Nature Restoration Fund to address a specific environmental impact on a protected site or species, the biodiversity gain requirement will continue to apply to the development.".
- "The purpose of this consultation is to inform potential changes to the BNG regulations, small sites metric (SSM) and guidance, and to improve implementation of BNG more widely. We want to hear from all BNG stakeholders, including developers, environmental groups, ecologists, planners and landscape architects, local authorities and community members, to share their insights and feedback on these proposals. We encourage large developers as well as those delivering minor development to respond.". - The "Introduction" section within the second of the above consultation documents includes the following information:
- "We propose introducing Biodiversity Net Gain (BNG) for Nationally Significant Infrastructure Projects (NSIPs) in May 2026. This will provide a clear framework to ensure new major infrastructure developments leave biodiversity in a measurably better state than before development took place helping contribute to our legally binding Environment Act 2021 targets for biodiversity, as well as providing wider benefits for climate change adaptation and mitigation.".
- "This consultation on BNG for NSIPs is one aspect of wider proposals for improving the efficiency of the planning system and environmental obligations, including the measures proposed in the Planning & Infrastructure Bill such as the Nature Restoration Fund and updates to relevant National Policy Statements. We are also running a separate consultation on improving the implementation of BNG for minor development.".
- "The Environment Act 2021 introduced a mandatory Biodiversity Net Gain (BNG) requirement in England for new developments under the Town and County Planning Act 1990, meaning they must deliver 10% BNG and leave habitats in a better state for wildlife than they were in before. BNG became mandatory for most large Town and Country Planning Act 1990 developments from 12 February 2024, and then for smaller developments from 2 April 2024.".
- "We intend for the BNG requirement to apply to NSIPs applications that are made after the go-live date in May 2026. We recognise that many NSIPs are already delivering biodiversity gains through their schemes, and we support their ambition.".
- "The 2022 consultation on BNG regulations and implementation [(link)] set out our high-level proposed approach for applying BNG to NSIPs. We know that stakeholders are preparing for the introduction of BNG, and as above, many NSIPs are already incorporating biodiversity gains into their schemes. This consultation sets out further detail on how we propose BNG will apply to NSIPs, providing more information for developers and decision makers on what will be expected on BNG after May 2026, helping them better prepare for go-live.". - Note: The DEFRA webpage (link) for the first of the above consultation documents also includes the following document:
- "Annex A - proposed BNG process changes".
Other sources of information:
- January 2022: [DEFRA] Consultation on Biodiversity Net Gain Regulations and Implementation (link).
- February 2023: [DEFRA] Consultation on Biodiversity Net Gain regulations and implementation - Government response and summary of responses (link).
- Ongoing (from February 2023 onwards): [DEFRA] Guidance - "Understanding biodiversity net gain" (link).
- Ongoing (from November 2023 onwards): [DEFRA] Guidance - "Biodiversity net gain: what local planning authorities should do" (link).
- January 2024: "Explanatory Memorandum" to SI 2024 No. 50 (pdf) (link).
- February 2024: SI 2024 No. 50 - The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (pdf) (link).
- Note: For more information about the above document, please view this post. - May 2025: Government press release - "Government backs SME builders to get Britain building" (link).