2. Exemptions from BNG requirements
The following developments are exempt from BNG requirements:
- householder development (extensions, outbuildings, etc.)
- small schemes (De Minimis) where less than 25m2of habitat is impacted, less than 5 metres in width for hedges, and tree/s with a stem diameter of less than 7.5 cm, are unaffected, and no priority habitat is lost or degraded. (The removal of one small tree is normally enough to disqualify a development from the De Minimis exemption)
- Section 73 Applications where the original linked application was made or granted before 12 February 2024
- Section 73A Applications where retrospective planning permission is granted
- Permission in Principle applications are not within the scope of biodiversity net gain (as it is not a grant of planning permission), but the subsequent technical details consent (as a grant of planning permission) would be subject to the biodiversity gain condition
- projects concerned with the provision of off-site BNG for other developments
- development within a red line boundary of 0.2 hectares or less, unless an exception applies
- wholly temporary development permitted for five years or less
However, it is important to note that if there is an impact on priority habitat on-site, the exemptions for the above developments do not apply and BNG must be met:
- developments of 0.2 hectares or below
- developments subject to the 'de minimis' rule
- temporary developments