There are practical implications of BNG for farmers wanting to erect buildings – but what does that really mean?
As of April 2024, almost all full planning applications for development sites require a Biodiversity Net Gain of 10%. This policy, like all Government strategy, sounds fantastic in principle, however in practice it’s more red tape for farmers wanting to erect new buildings or infrastructure.
OPPORTUNITIES
Over the last twelve months there has been an increase in “opportunities” for landowners to create BNG units on their land or enter into 30 year agreements where companies will take on the land to adhere to BNG rules and sell the units.
Any agricultural development over 25 square metres now has to adhere to the BNG requirements, which in most cases equates to any type of building, lagoon or silage clamp.
EXEMPTIONS
The benefit of applying for planning permission under permitted development rights is that these applications are exempt and with the recent increase in floor areas it would be advisable to use these to your advantage. Equally retrospective planning permission is exempt from BNG requirements. However, this is not advisable.
Another exemption available is where the site has a biodiversity value of zero. An example of this would be the covering of silage clamp or muck midden. This would have to be a sealed surface, not cracked with vegetation growing through.
WHAT ABOUT RENTED FARMS?
The advantage to farmers is that in most cases, unlike housing or commercial developers, you will have agricultural land at your disposal that you can utilise for additional biodiversity elsewhere on a farm, except if you are a Tenant with less than a 30 year term. This is where a positive Landlord and Tenant relationship will be advantageous, under the terms of the tenancy the Landlord may be obligated to undertake the works but may only provide infrastructure based on the size of the original holding opposed to additional land rented in and increased stock numbers, likewise they may only want to provide BNG for their proportion of works.
Tom Selby commented “In effect those tenants on short term tenancies should engage early with the Landlords to determine if the Landlord is willing to come an agreement to ensure the farm can meet the BNG requirement. Unfortunately, it could be seen by some as an opportunity to negotiate on other matters. If all else fails Tenants may have to look at off site options or the purchasing of BNG units”.
If you are looking to apply for planning and require assistance, please do not hesitate to contact us on 01829423183.