Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Biodiversity definition

What does Biodiversity mean? In legal practice, biodiversity describes the variety of living organisms—within and between species of plants, animals and microorganisms—and the ecosystems in which they live and interact. The term is descriptive and used across multiple legal contexts (planning, nature conservation, environmental assessment and permitting). While UK and Irish legislation seldom defines “biodiversity” exhaustively, the widely adopted Convention on Biological Diversity definition underpins policy and casework; statutes tend instead to regulate its conservation and enhancement. Key legal features include: - Public authority biodiversity duties (England and Wales, Scotland and Northern Ireland) requiring action to conserve and enhance biodiversity. - Application in planning and infrastructure...

Biodiversity Net Gain in England: Environment Act 2021 and TCPA 1990 Schedule 7A—planning condition, metrics, offsite register and credits, exemptions, enforcement, and NSIPs

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Practice notes

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What is Biodiversity net gain?

Biodiversity net gain (BNG) is an approach designed to ensure the natural environment is left in a demonstrably improved condition following development, compared with its state beforehand. The compulsory statutory rules requiring developments to deliver net gain apply to planning permissions issued from 12 February 2024 for schemes brought forward under the Town and Country Planning Act 1990 (TCPA 1990), save where an exemption applies. Beyond the legal duty, biodiversity gain is promoted by policy in the National Planning Policy Framework (NPPF) and can also be mandated by local planning policy. Certain local planning authorities (LPAs) may have embedded BNG policies within their local Plans, so it is prudent to confirm this before lodging a planning application, as both legal and policy-led BNG could be engaged.

The BNG Planning Practice Guidance (PPG) was finalised on 14 February 2024 and addresses statutory BNG only, rather than policy-based provisions. See Practice Note: Biodiversity net gain—an environmental consultant’s perspective for practical tips on the BNG process. Background to mandatory biodiversity net gain: the 25-year environment plan, published in January 2018, set out the government’s commitment to strengthen NPPF requirements on BNG...

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Web page updated on 21/05/2026

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