Biodiversity Net Gain: Latest Reforms and Exemptions - Sharpe Pritchard

A practical look at Biodiversity Net Gain reforms, exemptions, and enforceable environmental commitments in contracts.

Since February 2024, a deemed statutory planning condition has applied to all non-exempt planning permissions granted in England requiring the delivery of a measurable 10% net gain in the Development’s biodiversity value. The BNG regime has been an ambitious policy: a world first, which other jurisdictions have sought to replicate in an era of ecological collapse. However, as part of the Government’s effort to “get Britain building” concerns regarding the BNG regime’s proportionality, particularly for smaller developments, have crystallised into targeted reforms aimed at assisting SME developers with what can be an onerous requirement in practice.

In this session, James Goldthorpe – an Associate in our Planning team – joins the Construction Forum to talk through how the BNG regime has been operating in practice, and how the scope of exemptions has changed following regulations made in August 2026.

Helen Batter – a Partner in our Construction team – will also provide an overview of how standard form construction contracts address climate and nature-related objectives, and will discuss the key considerations for parties seeking to ensure that environmental commitments are clear, measurable and enforceable.