Nature conservation and environmental planning requirements, including biodiversity net gain (BNG), nutrient neutrality, water neutrality, Suitable Alternative Natural Greenspace (SANG) and development restrictions within Protected Landscapes, create an increasingly complex planning landscape.

Strategic advice for a changing planning landscape

We help clients identify risks, unlock opportunities and deliver practical solutions that support both development and nature recovery. We provide strategic advice throughout the lifecycle of a project, helping clients respond to evolving legislation, policy and environmental obligations.

Biodiversity Net Gain (BNG)

BNG has introduced a significant new layer of complexity for development projects. Most planning permissions in England are now subject to requirements designed to secure at least a 10% increase in biodiversity value, supported by biodiversity gain plans and long-term management arrangements.

Our team advises on all aspects of BNG, including on-site habitat enhancement, off-site mitigation, habitat banks, biodiversity credit transactions, conservation covenants, planning obligations and biodiversity gain plans. We work with clients to develop practical strategies that achieve compliance while supporting project viability.

Beyond BNG

Nature-related planning requirements extend beyond BNG. Our team advises on nutrient neutrality, water neutrality, SANG, the new regime of Environmental Delivery Plans (EDPs) and the Nature Restoration Fund, habitat regulations assessments, protected habitats and species, development restrictions affecting Protected Landscapes, and the environmental obligations that increasingly influence development decisions. Working alongside our real estate and environmental lawyers, we help clients deliver projects while responding to evolving policy and regulatory requirements.

Recent experience

• advising The Land Trust on conservation covenants, Section 106 agreements and BNG arrangements, including the development of template conservation covenants to support habitat creation, long-term stewardship and environmental delivery

• advising Hertsmere Borough Council on the borough’s first habitat bank and developing template drafting for future habitat banks and biodiversity net gain obligations, as well as supporting Section 106 agreements involving on-site and off-site BNG delivery

• supporting Grainger plc on the delivery of more than 6,000 homes across the Berewood and Aldershot developments, including advice on BNG, nutrient neutrality, SANG provision, and Section 106 agreements and variations

• advising Tritax on the implementation of BNG requirements across its development portfolio, including biodiversity gain plans, conservation covenants, planning obligations and regulatory compliance

• advising Hallam Land on planning and environmental matters relating to strategic land promotion projects, including BNG requirements, environmental mitigation and development agreements

• providing Cinnamon Care, Platform Care and Torsion Care with planning support on refinancing and disposal transactions, including advice on Section 106 agreements, BNG requirements and nutrient mitigation arrangements.