England: The Government (DEFRA) have published and laid before parliament the regulations which make changes to the Biodiversity Net Gain (BNG) regime which will come into effect on Thursday 6 August 2026.
The key change our clients will want to know about is confirmation of the new 0.2 hectare exemption, which means that small developments on sites smaller than this will not be required to do mandatory BNG unless onsite priority habitat is negatively impacted. Just to clarify native species hedgerow is priority habitats. The new exemption will apply to all planning applications made after 06 August 2026. Any existing consents or applications made before 06 August will be subject to the existing rules. Developers cannot get rid of BNG on existing consents through a Section 73 application – instead they will have to apply for a whole new planning permission after 06 August.
The other changes which the new regulations bring in are:
- introduction of a new temporary development exemption, for land which is to be reinstated within a period of 5 years or less (unless onsite priority habitat is negatively impacted)
- change to the “biodiversity gain hierarchy” for minor development, meaning that minor sites which aren’t exempt from BNG (e.g. over 0.2 hectares) can choose to go straight to offsite BNG units
- removal of the existing exemption for self-build development.
We are sure plenty of our developer clients will have queries as to how this will affect existing permissions or other schemes in progress. Contact Pure Town Planning to find out how this could affect you.