New data reveals that more than 75% of non-householder planning applications have claimed exemptions from Biodiversity Net Gain (BNG) requirements since the policy came into force last year.
Introduced to mitigate environmental harm and habitat loss, the BNG policy became mandatory in February 2024 for major developments and two months later for small sites. It requires all qualifying developments to deliver a 10% net increase in biodiversity.
The findings, published in ‘Biodiversity Net Gain: The Story So Far’ by TerraQuest, the provider of Planning Portal, shed light on how the policy has been adopted one year after its implementation. Despite the BNG requirement applying to most planning applications, the report indicates that many submissions are claiming exemptions, allowing them to bypass these biodiversity commitments.
There are eight recognised exemptions from BNG, with the most frequently cited being for self-build or custom-build projects and sites with minimal impact on priority habitats — known as the ‘de minimis’ exemption. Additionally, retrospective applications do not have to demonstrate BNG compliance.
The report highlights a significant rise in the use of the ‘de minimis’ exemption following the policy’s introduction. It accounted for 29% of non-householder exemptions at first but surged to 76% between August and December 2024. The data suggests that the removal of the ‘small site’ exemption in April 2024 may have prompted more applicants to rely on alternative exemptions.
Commenting on the findings, Geoff Keal, CEO at TerraQuest, stated: ‘Since the launch of the Biodiversity Net Gain policy, there has been an ongoing industry discussion about its implementation. Our latest report adds to this debate, highlighting key trends in the data —including a higher-than-expected use of exemptions.
‘TerraQuest and Planning Portal are committed to supporting sustainability in the built environment and believe in the potential of bold legislative initiatives like Biodiversity Net Gain. However, it is essential that such measures are implemented correctly and practically to achieve the positive outcomes that motivated them. We’re pleased to share these insights to support the industry-wide conversation.’
The report also features expert analysis from Natural England, Broadfield Law, and Joe’s Blooms.
To support applicants in correctly applying BNG rules, Planning Portal has published updated guidance, focusing on the most commonly used exemptions.
The report can be downloaded here.