Hi everyone,
First post alert!
I’ve recently received permission for a self build on a piece of brownfield land. There is a BNG condition and I’m not 100% sure how to discharge it. I thought self-builders were exempt from BNG but my LPA seems to be taking a different view (which I suppose is their prerogative).
I would really love to avoid entering into a S106 if possible, especially as the condition mentions perpetuity as the duration, which seems rather unreasonable since the national guidance is for 30 years. My site is mostly hardstanding so the baseline is very low – there are two small trees (which we intend to keep) plus some grass/weeds. The baseline is 0.13 units.
Do you think I could argue that presenting my BNG plan should be sufficient to discharge the condition without requiring a S106 or conservation covenant due to: a) being a self-builder who could be exempted under national guidance; plus b) with the baseline being so low, any reasonable domestic garden should easily achieve 10% gain (and in fact my landscaping plan achieves 60% due to the anticipated planting of a few more small trees)?
Any guidance is appreciated. I have already entered one S106 with my LPA due to not being able to meet net zero which cost me £800 in their legal fees and a further £500 for them to monitor it. I’d rather avoid additional costs on BNG, especially if monitoring is required into perpetuity (how much would that even cost?!).
Thanks,
Fred.
For reference, here is the exact wording: No development above slab level shall commence until a Biodiversity Net Gain Plan based on the net gain information dated [XXX], that details how the habitats on the site will be created, established, managed, and monitored in perpetuity, has been submitted to and approved in writing by the Local Planning Authority. The Biodiversity Net Gain Plan shall thereafter be implemented.