New Biodiversity Net Gain (BNG) requirements for nationally significant infrastructure projects (NSIPs) in England came into force on 2 November 2026. Developers must now show how they will deliver at least a 10% biodiversity gain through the Development Consent Order (DCO) process. National planning and development consultancy Lichfields has examined what the rules mean for developers. It said the framework for biodiversity net gain for NSIPs allows strategies to be refined as schemes move through consent.
Which projects the new BNG rules cover
The requirements apply to relevant applications for NSIPs, including major energy and transport developments. They also cover schemes that may choose to opt into the DCO process, such as data centres.
Developers submitting applications from 2 November 2026 must demonstrate how they intend to achieve at least 10% BNG through the development consent process. Climate Global News has previously reported on how Wates launched Wildscape to deliver biodiversity habitat sites across the UK for developers meeting their biodiversity requirements.
Flexibility in biodiversity net gain for NSIPs
According to Lichfields, the new framework gives developers flexibility in how they deliver BNG as their schemes progress through the DCO process. This reflects the way large infrastructure designs typically change before and during the consenting process.
Nancy Stuart, Associate Director at Lichfields, said: “Due to the complexity and scale of major infrastructure projects, their design and parameters are often subject to numerous iterations before submission of any application and seek to retain flexibility through the DCO. The new BNG requirements for NSIPs recognise this and allow developers to update their biodiversity strategy as proposals progress through the key stages of a DCO.”
She added: “That flexibility is particularly useful for large projects with expansive order limits crossing multiple local authorities, where it might not be possible to establish the full impact on habitats at the outset. Developers can refine their BNG strategy as the project progresses through the stages of the DCO process, provided they can explain any remaining uncertainty and demonstrate how the biodiversity objective will be delivered.”
Refining boundaries and off-site gains
The process allows developers to refine the boundary used to assess biodiversity impacts as proposals progress. Updates to Biodiversity Gain Plans will reflect changes in design.
The approach to making gains is also flexible. Qualifying off-site habitat improvements can be considered alongside those delivered within the development site.
Early collaboration between planning, design and ecology teams
Lichfields stressed the importance of addressing biodiversity at the start of a project rather than after the design has been fixed.
Alice Wibberley, a planner at Lichfields, said: “The key is to consider biodiversity from the earliest stages rather than treating it as something to address once the design is complete.”
She continued: “Getting planning, design, and ecology teams working together early will ensure habitat impacts are factored into the design and placement of infrastructure and identify where habitat improvements can be delivered. This will help to maximise the value and impact of the BNG strategy and ensure the right information is available as the application progresses.”
Guidance and resources for project teams
Developers and project teams working on major infrastructure schemes can use new guidance from the Department for Environment, Food and Rural Affairs (DEFRA). It sets out how BNG requirements apply at each stage of the consenting process, including when assessments and plans may need to be updated.
Lichfields has produced resources to help interpret the guidance. These include an interactive graphic that uses a hypothetical energy development to illustrate the process, a comparison of the BNG requirements for NSIPs and for planning applications, and a glossary of key terms.
Frequently asked questions
When did Biodiversity Net Gain become mandatory for NSIPs in England?
The new Biodiversity Net Gain requirements for nationally significant infrastructure projects in England came into force on 2 November 2026.
How much biodiversity net gain must NSIP developers deliver?
Developers submitting applications from 2 November 2026 must demonstrate how they intend to achieve at least 10% biodiversity net gain through the development consent process.
Which projects are covered by the NSIP BNG requirements?
The rules apply to relevant NSIP applications, including major energy and transport developments, and to schemes that may choose to opt into the DCO process, such as data centres.
Can developers change their BNG strategy during the DCO process?
Yes. According to Lichfields, developers can refine their BNG strategy and the boundary used to assess biodiversity impacts as proposals progress, provided they can explain any remaining uncertainty and demonstrate how the biodiversity objective will be delivered.
Can off-site habitat improvements count towards BNG for NSIPs?
Yes. Qualifying off-site habitat improvements can be considered alongside those delivered within the development site.
