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Biodiversity net gain for nationally significant infrastructure projects

Published on: 02 June 2025

Table of contents

  • Background
  • Scope
  • National Policy Statements
  • Application of BNG
  • Differences
  • Undecided areas

Article summary

Planning analysis: This article examines the proposed implementation of biodiversity net gain (BNG) requirements for nationally significant infrastructure projects (NSIPs) under the Environment Act 2021 (EA 2021). BNG, which mandates that developments deliver a minimum 10% net gain in biodiversity and maintain it for 30 years, and has already been introduced for Town and Country Planning Act 1990 (TCPA 1990) applications. The government has now launched a consultation on extending BNG to NSIPs, with implementation delayed from November 2025 to May 2026. The article outlines key elements of the proposal, highlights differences from the TCPA 1990 regime-particularly the requirement for earlier submission of biodiversity gain plans—and explores how BNG will apply in practice to NSIPs. It also identifies unresolved issues and areas on which views are being sought, including how to treat unused or temporarily used land. Written by Angus Walker, partner at Broadfield Law UK LLP.

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