Today marks a major milestone for BNG, with Nationally Significant Infrastructure Projects in England now brought into the mandatory regime.
A new duty to deliver a minimum 10% net gain in biodiversity attaches to applications for development consent submitted on or after 2nd November, covering schemes such as roads, railways and energy networks.
Gains can come from on-site work, registered off-site gains or statutory biodiversity credits and any significant on-site enhancements and all off-site gains must be legally secured for at least 30 years. The regime covers onshore projects down to the mean low-water mark.
Sophie Smith, Senior Associate at Forsters, comments: “Whilst the take-effect date has been moved a few times, this November date has been in the pipeline now for some time and attention will now turn to implementation, with developers likely to need input from ecologists to assist with upcoming DCO applications.
“The wider market impact could be far-reaching. Large infrastructure projects may require substantial numbers of off-site biodiversity units to meet the new requirements, which in turn could put significant pressure on the supply of particular habitat units potentially with competition between NSIPs for available units. In the long-term, that could facilitate the potential for partnerships between developers and providers.”
Meanwhile, the RSPB has already argued the 10% objective is too low for projects of this scale – its campaign generated 10,143 consultation responses calling for a higher target given the lasting impact of major infrastructure.
Defra kept the figure in line with the planning regime to provide certainty for developers – so pressure for a higher bar may follow once the rules bed in.
Copyright © 2026 Energy Live News LtdELN