The Government has provided a list of exemptions to mandatory Biodiversity Net Gain (BNG), which came into effect on 12th February 2024 for major developments and 2nd April 2024 for small sites. Below we set out a mini guide explaining each exemption in turn:

  1. Existing planning applications. If your planning application was submitted before February 12, 2024, your development is exempt from BNG requirements. This exemption recognizes that projects already in the pipeline should not be subject to new regulations.
  1. Variations to existing planning permissions. Transitional arrangements are in place for modifications to existing planning permissions. If you are making changes to a previously approved project, you may not need to meet BNG standards.
  1. Small-scale developments. Developments that do not impact priority habitats and affect less than 25 square metres of on-site habitat or 5 metres of linear habitats (such as hedgerows). These small-scale projects are exempt from BNG requirements, allowing minor developments to proceed without the added burden of biodiversity assessments.
  1. Householder applications. Householder applications, which include small residential projects like home extensions, conservatories, or loft conversions, are exempt from BNG. This exemption simplifies the process for homeowners looking to enhance their properties.
  1. Self-build and custom build projects. Self-build and custom build developments are exempt if they meet the following criteria:
    1. Consist of no more than 9 dwellings;
    2. Located on a site no larger than 0.5 hectares; and
    3. Exclusively involve self-build or custom housebuilding as defined in the Self-build and Custom Housebuilding Act 2015. 
  1. Biodiversity gain sites. If your development is primarily aimed at creating biodiversity gains for another project, it may be exempt from BNG requirements. This acknowledges the role of certain developments in enhancing local ecosystems.
  1. High-Speed rail project. Any development that forms part of or is ancillary to the high-speed railway transport network, as specified in the High Speed Rail (Preparation) Act 2013, is also exempt from BNG.
  1. Urgent crown development. Section 293 of the Town and Country Planning Act 1990 exempts applications for urgent crown development works.

Whilst it’s important to be aware of these exemptions, there’s still merit in considering how your project can contribute to local biodiversity, even if a dispensation applies.  For specific guidance on your project’s eligibility for exemption, please read the government website here.