Biodiversity Net Gain and Great Crested Newt District Licensing Scheme

Biodiversity Net Gain

Biodiversity is the variety of all living things on our planet, from species, habitats and ecosystems.

What is Biodiversity Net Gain?

The Government has introduced mandatory biodiversity net gain as set out in the Environment Act (2021). BNG is an approach to planning and land management that leaves the natural environment in a measurably better state than it was before.

Natural England have created a 

for an overview of BNG and its benefits.

From February 12, 2024, all major planning proposals submitted in England, with a few exemptions, will have to deliver a mandatory minimum of 10% BNG. For smaller sites, mandatory BNG will begin in April 2024.

Key statutory instruments were published in November 2023. The Act sets out the following key components to mandatory BNG:

• a minimum 10% gain is required, which must be calculated using Biodiversity Metric & approval of net gain plan
• habitat secured for at least 30 years via obligations/ conservation covenant
• habitat can be delivered on-site, off-site or via statutory biodiversity credits (as a last resort)
• there will be a national register for net gain delivery sites
• the mitigation hierarchy still applies of avoidance, mitigation and compensation for biodiversity loss
• does not change existing legal environmental and wildlife protections

Compensating for biodiversity

Gains in biodiversity should be achieved on-site (within the proposed development site) and this should be a key consideration when designing development proposals.

This falls in line with the principle of the mitigation hierarchy that is embedded in national planning policy, where the impact on biodiversity must first be:

• avoided, then
• minimised, then
• compensated for on-site

Only as a last resort, and if compensating for losses on-site is not possible, then biodiversity losses should be offset by gains off-site.

Compensating for the biodiversity loss by improving biodiversity elsewhere should be used as a last resort. In certain cases, it is not appropriate and should not be used.

Developments must:

• have applied the mitigation hierarchy
• follow national government BNG principles and rules including being as local to the site of impact as possible

Local requirement: Draft Local Plan

Spelthorne requirement is in line with the national minimum of 10% BNG.

The requirement for biodiversity net gain doesn't alter existing requirements and protections for the natural environment such as protecting important habitats and species. These must be achieved alongside providing BNG.

Key statutory instruments

Key information needed for implementing BNG: Biodiversity net gain - GOV.UK (www.gov.uk)

This BNG guidance document will be updated once the implementation date in January is confirmed: Draft biodiversity net gain planning practice guidance - GOV.UK (www.gov.uk)

Tools and guides for measuring biodiversity value of habitat: Statutory biodiversity metric tools and guides - GOV.UK (www.gov.uk)

These regulations define 'irreplaceable habitat': The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024 - GOV.UK (www.gov.uk)

Information for developers

What a developer needs to do to meet BNG requirements: Meet biodiversity net gain requirements: steps for developers - GOV.UK (www.gov.uk)

Guide for exempt development: Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)

Developers must fill in this form to show how they will achieve BNG:

Biodiversity gain plan - GOV.UK (www.gov.uk)

Management and Monitoring Plan: This blog provides guidance about the Habitat Management and Monitoring Plan (HMMP) templates and Natural England have released templates as a guide to understand the type of information needed from a management and plan.

Checklists created by UKGBC to help developers successfully implement BNG: Biodiversity Net Gain Checklists | UKGBC

Information for landowners

There are provisions for a biodiversity gain site register, which will be established and maintained by Natural England. Biodiversity gain sites will have to be registered, and recorded for allocation of habitat enhancement for developments.

Steps for land managers to follow: Meet your BNG requirements: steps to take for land managers - GOV.UK (www.gov.uk)

Biodiversity gain site register: The Biodiversity Gain Site Register Regulations 2024 - GOV.UK (www.gov.uk)

Spelthorne Offsite Locations

Spelthorne Borough Council is assessing the viability of Spelthorne-owned sites to register as off-site units. Further information regarding sites will be updated to this page.

Great crested newts: District Licensing Scheme

Any development within 500m of a pond may affect newts

Great crested newt populations have declined significantly over recent decades due to habitat loss. The species spend most of their life on land in habitats such as woodland, hedgerows, grassland and scrub, but return to freshwater ponds in the spring to breed. They are generally found within 500m of ponds, although they can travel much further than this - up to 1.6km.

Great crested newts and their habitats are protected under UK and European legislation.

Planning Authorities must consider the species as part of the planning application process. Developers must be careful not to break the law.

Where impacts on newts may arise, developers should obtain a licence to make their activities lawful and ensure that the impact on the species will be mitigated.

The Council has been issued with a District wide licence which is regulated by Natural England.

What is District Licensing?

District Licensing is a simple and quick solution for developers to meet legal obligations, in comparison to standard mitigation licensing. Under District Licensing, individual newt surveys are not required, so there is no need to wait for the survey window in the spring. If great crested newts are found during development works, the licence permits moving the newts out of harm's way without having to stop works or apply for another licence. District Licensing benefits great crested newts by creating new high quality habitats in targeted areas to increase and re-connect populations at a landscape scale.

Natural England has produced a guidance document for all planning authorities using the NatureSpace District Licensing Scheme - the most recent version of this guidance document can be found in the resources section of the NatureSpace website here https://naturespaceuk.com/resource-hub/ . This document sets out guidance for how the Scheme should be implemented by the local authorities and the expectations for developments.

In the higher risk areas (red and amber impact risk zones), planning applicants must demonstrate how risks to great crested newts and/or their habitats will be dealt with. This may be through the Council's District Licence (administered by NatureSpace), or by applying separately to Natural England for a standard mitigation licence. You can read more about the Impact Risk Zone maps on the NatureSpace website here Impact Risk Zone Maps - NatureSpace Partnership Limited (please select 'Surrey' and then 'Spelthorne').

We will now consult our dedicated newt officer on all major applications, and for any minor and householder schemes where it is considered there may be an impact on great crested newts or their habitats. Comments from the newt officer will then be considered as part of the planning assessment.

For developments within Spelthorne Borough Council where a risk of impacting great crested newts has been identified, there are now three options for licensing available.

These are:-

• joining the District Licensing Scheme and being authorised by Spelthorne Borough Council as part of the planning process; or
• applying directly to Natural England for a standard mitigation licence post-planning; or
• by working with a registered ecologist under the low impact class licence (if applicable for the development).

District Licence and Biodiversity Net Gain (BNG)

Users of the District Licence scheme can also benefit from the integrated Biodiversity Net Gain package managed by NatureSpace and the Newt Conservation Partnership. More information on this can be found on the NatureSpace website Integrated delivery of District Licensing and Biodiversity Net Gain units - how 'stacking' can save money and improve outcomes - NatureSpace Partnership Limited .

District Licensing Scheme Route

Spelthorne Borough Council holds a Great Crested Newt District (or "Organisational") Licence, designed by NatureSpace and granted by Natural England, under which developments can now be authorised to undertake works which may affect great crested newts.

If you wish to use the District Licence, you must apply before or during the planning process, otherwise amendments or variations to planning permission would be necessary and this can cause delays in project timescales.

To find out more about the District Licensing Scheme, contact NatureSpace to receive a free quotation within 3 working days. The first stage fee to join the scheme is based on the location (i.e. which impact risk zone) and scale of the development. Once paid, a detailed assessment of the development proposals will be carried out to determine associated costs, timings, mitigation

and compensation requirements within 10 working days. To understand more about the process, visit: Application Process - NatureSpace Partnership Limited

The quickest and simplest way to join the District Licensing Scheme and become authorised by the Council is to submit your NatureSpace Report or Certificate planning application so that the required planning conditions are attached to planning permission. However, if you already have planning permission and there is a reason why you'd like to consider joining the District Licensing Scheme, then there are options available to you - please submit an enquiry to NatureSpace to find out more.

Under the District Licensing Scheme, habitat compensation is delivered by the Newt Conservation Partnership, who take responsibility for habitat creation as well as long-term monitoring and management from the developer. Compensation through the scheme delivers landscape-scale conservation for great crested newts. To learn more about the conservation strategy and read case studies on habitat delivered by the scheme, visit: Conservation - NatureSpace Partnership Limited

District Licensing Scheme contact:

www.naturespaceuk.com

info@naturespaceuk.com

01865 688307

Natural England Licensing Route

Planning permission is required before a licence application is made to Natural England.

During the recognised season of mid-March to mid-June surveys will need to be carried out to confirm whether great crested newts are present within 500m of the development site. The surveys will need to be conducted by experienced and qualified ecologists. A population size class assessment may also be required, involving six survey visits throughout the survey season.

If their presence is confirmed, details of surveys, impact assessment, mitigation and compensation will need to be submitted and agreed with the local planning authority as part of a planning application.

Once planning permission has been granted, a licence application will need to be submitted to Natural England. It will need to include details of impacts, mitigation, compensation, management, and monitoring. You will need to demonstrate that compensation will maintain or enhance the great crested newt population.

Natural England Licencing contact: Great crested newts: apply for a mitigation licence (A14) - GOV.UK

Non-licensed route

Some developments may be considered to have a low risk of impact and a licence is not necessary. This may require an ecologist to prepare a precautionary method of working to avoid offences and the requirement of a licence.

If great crested newts are found to be present, all works must cease, and Natural England contacted for advice. It is illegal to move great crested newts without a licence. It is likely a licence will be required and depending what works have been undertaken access to the District Licensing Scheme may not be possible.