Tara Chopra, Technical Director – EIA and Major Infrastructure lead, Lanpro

In the last year with the phased implementation of biodiversity net gain (BNG) as a mandatory requirement of most planning applications has had a significant impact on all planning consents granted through the local authority approvals process.

And this year, the same changes will apply to the NSIP regime. So, what does this mean for energy infrastructure works?

From November, NSIPs are obligated to provide a biodiversity net gain as part of the Development Consent Order (DCO) process. Under the new rules, schemes must demonstrate a minimum 10% increase in biodiversity as a statutory requirement for securing development consent. Importantly, considerable habitat creation and enhancement needs to be managed and monitored for no less than 30 years.

Now facing the same mandate as most residential planning applications, key stakeholders in NSIPs would benefit from understanding what the past year has taught other sectors about enforcement, as well as the risks and rewards it brings to major infrastructure projects.

What Last Year Taught Us

Four months after the implementation of BNG, in February 2024, a report by the National Audit Office (NAO) published an assessment of the progress that Defra and Natural England had made in implementing BNG. In it, Defra was criticised for rolling out BNG, “without having all elements in place to ensure its long-term success” and for, “prioritising launching the policy”. Specifically, the issues that the NAO identified are those relating to monitoring and enforcement with on- and offsite gains. It was also critical of the reporting, financing, monitoring and implementation of BNG.

Despite these criticisms, it’s probably true to say that the principle of BNG has been accepted quite positively by the sector. If fact many residential developments achieved at least a 10% biodiversity uplift prior to the legal requirement to do so.

Challenge vs Opportunities and Solutions

Sweeping changes rarely come without pitfalls, but BNG delivers strategic gains for energy infrastructure projects. Where advantages may seem restricted, solutions can help bridge the gap.

Challenge:
Perhaps the main difficulty attached to BNG lies in the new skillset that is needed, and the increased demand for ecologists who, while they possess the exact skills required, are suddenly in short supply.

In addressing this issue, there is the potential that CAD programs could evolve to take on some of this work – specifically to encompass baseline habitats and then automatically calculate BNG results as designs are tweaked and changed. This can allow developers to see the BNG implications of design in ‘real-time’ and plan sensitively whilst reducing the time needed from ecologists to assess BNG, which often occurs multiple times per site before designs are finalised.

Like other utilities schemes, some infrastructure projects – specifically those which don’t provide a community amenity – can be contentious, with local groups often objecting to proposals that would result in the replacement of, say open spaces or attractive countryside.

In relation to this use, BNG provides an opportunity: the means of integrating green and blue infrastructure from the outset in a way that meets with community approval. Well-planned schemes can incorporate wetland restoration, habitat corridors and green buffer zones, turning much-needed infrastructure into assets for both nature and communities.

Another challenge is that a minimum 10% BNG requirement can be particularly challenging for major developments, due to their complexity, extensive land requirements and sometimes limited flexibility.

However, energy infrastructure sites often include wider surrounding expanses of land that provide an opportunity for much higher BNG deliverables. So to those providing infrastructure this can be a considerable advantage, as land, even that which is prone to flooding, may benefit financially from hosting BNG credits on behalf of other developers.

Those of us working in the industry are all too well aware that large scale infrastructure projects can have a damaging ecological impact, both during and following construction. BNG helps mitigate this impact: with BNG, there’s a unique potential for developments to enrich biodiversity on a larger scope transforming essential sites into thriving environments that support ecosystems and communities.

On a practical note, who implements and maintains BNG is also key. Working with local nature groups, charities or parish councils can be highly effective as they possess the expertise and commitment to deliver BNG and it is always helpful to build a constructive relationship from the outset.

With the change in legislation on the horizon, the sector must engage with potentially complicated variables. But over time, the rolling out of this policy will give rise to notable enhancements to natural environments. Whether on- or offsite, BNG can significantly enhance existing habitats and in several years, people will see green space and equate it with high value or quality ecosystems.

As a company which specialises in NSIPs – but with the benefit of having incorporated BNG into residential and mixed use schemes over the past year – Lanpro awaits the extension of the requirement to NSIPs with some enthusiasm. We’ve seen the requirement having been integrated into the planning and development sector with success and its application for large-scale projects should benefit from the learnings of these early months.