Validation and Biodiversity Net Gain
Applicants must confirm whether they believe that planning permission, if granted, would be subject to the biodiversity gain condition, and if not, the reasons why. This is a new national mandatory validation requirement. Typical exemptions include all householder applications, certain self-build developments, and de minimums exemption. Where development would be subject to the general biodiversity gain condition, the application must be accompanied by minimum information set out in Article 7A of the Town and Country Planning Act 1990.
For avoidance of doubt, the following is the mandatory minimum information required:
- a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;
- the pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) including the completed metric calculation tool used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value;
- where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for proposing that date;
- a statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application (or an earlier date) because of the carrying on of activities ('degradation') in which case the value is to be taken as immediately before the carrying on of the activities, and if degradation has taken place supporting evidence of this;
- a description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date);
- a plan, drawn to an identified scale which must show the direction of North, showing onsite habitat existing on the date of application (or an earlier date), including any irreplaceable habitat (if applicable).
- where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for proposing that date;
- a statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application (or an earlier date) because of the carrying on of activities ('degradation') in which case the value is to be taken as immediately before the carrying on of the activities, and if degradation has taken place supporting evidence of this;
- a description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date);
If this information has not been provided, the local planning authority must refuse to validate the application. Within the planning application form, applicants will be asked to confirm whether this information accompanies the application, including where these details have been provided elsewhere in accompanying documents, applicants are encouraged to refer to these rather than duplicate this information within the application form.
In addition to these minimum requirements, further information may be required to assist the consideration of biodiversity net gain as part of the planning application, to enable decision makers to consider whether the general condition is capable of being successfully discharged following approval. For example, where there are considerations around significant onsite biodiversity enhancements or use of offsite biodiversity units, a draft Habitat Management and Monitoring Plan (HMMP), completed draft metric demonstrating whether proposed net gain proposals are likely to be achievable, and details of all off-site habitats may be required. Specific further requirements will be set out in the Local Validation Checklist which is subject to change.
If planning obligations are going to be used, it is good practice to submit information about any potential planning obligations connected to the application.