Bamford Planning Ltd

What Developers and Landowners Need to Know

The Government has announced a number of important changes to Biodiversity Net Gain (BNG), with new regulations laid before Parliament on 13 July 2026 and coming into force on 6 August 2026. These amendments are intended to reduce the burden on smaller developments, simplify parts of the BNG process, and allow local authorities and developers to focus resources on schemes with the greatest environmental impact.

For developers, landowners and planning applicants, these changes could have a significant impact on project viability, costs and planning strategy.

What is changing?

Temporary Development Exemption

A further exemption will apply to certain temporary developments where land will be reinstated within five years or less.

Again, this exemption will not apply where priority habitat would be adversely affected.

This is expected to benefit a range of temporary uses and construction projects where the long-term ecological value of the site will be retained following reinstatement.

Padel courts represent a great opportunity for farm diversification, but as with any planning project, the route to delivery varies hugely depending on the site and its history. It is important to understand whether permitted development rights apply, or whether a full application is required. For outdoor courts, the design is more sensitive and the constraints can be significant.

Changes for Minor Developments

The Government is also amending the biodiversity gain hierarchy for minor developments.

Under the current system, applicants are generally expected to prioritise onsite biodiversity enhancements before considering offsite solutions. The new regulations will allow qualifying minor developments to move directly to offsite biodiversity compensation where appropriate, providing greater flexibility for smaller sites where onsite delivery can be difficult or impractical. [defraenvir…log.gov.uk]

Self-Build Exemption Removed

While some changes reduce requirements, others increase them.

The existing exemption for self-build and custom-build development will be removed, meaning these projects will now generally be subject to BNG requirements unless another exemption applies. [defraenvir…log.gov.uk]

Transitional Arrangements

The Government has confirmed that these changes will primarily apply to new planning applications submitted from 6 August 2026 onwards.

Applications already submitted, and existing planning permissions, will continue to be assessed under the current BNG framework. This means applicants should carefully consider the timing of any forthcoming planning submissions.

What Does This Mean for Developers?

For many small-scale developments, particularly infill sites and modest residential schemes, the new exemptions could reduce both costs and programme risk.

However, it is important to remember that exempt developments are not exempt from wider environmental planning policies. Local Planning Authorities will still expect proposals to follow the mitigation hierarchy and may refuse schemes where significant biodiversity harm cannot be adequately avoided, mitigated or compensated.

In practical terms, good ecological design remains an important consideration, even where mandatory BNG no longer applies.

What Happens Next?

These amendments represent only the first phase of wider BNG reforms. The Government has also indicated that further changes are being developed, including:

• An exemption for development whose primary purpose is biodiversity conservation or enhancement.
• A targeted exemption for works that improve parks, playing fields and public gardens.
• Further amendments to the statutory biodiversity metric.
• Ongoing consideration of potential exemptions for certain residential brownfield developments following a recent consultation.

Final Thoughts

The latest BNG amendments are a welcome move for small developers and landowners, reducing complexity for the smallest sites while maintaining protections for important habitats. However, applicants should carefully review whether their proposals qualify for the new exemptions and how the transitional arrangements may affect projects currently in the pipeline.

With the new regulations taking effect on 6 August 2026, now is an ideal time to review prospective projects and consider the most appropriate strategy for delivering biodiversity compliance.

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