Government’s Proposed Planning Law Exemptions Threaten Biodiversity Access for England’s Poorest Communities

The government is consulting on two changes to England’s biodiversity net gain (BNG) framework, introduced in 2024 to require a minimum 10 % biodiversity increase for new builds. The proposals exempt sites <=0.2 ha and brownfield sites up to 2.5 ha, aiming to meet Labour’s 1.5 million-home goal. The policy, hailed as world-leading and cited at COP16, has been replicated abroad.

The Guardian

The report finds 7.4 million residents—1.4 million under 15—live in areas with no biodiversity. In deprived neighbourhoods, 82 % of planning applications involve sites <=0.2 ha, and the exemption could erase biodiversity equal to 11 000 mature trees or 400 football pitches. Brownfield housing is four times more concentrated in the poorest fifth, and Croydon shows a 73 % vs 24 % biodiversity access gap.

The Guardian

The Wildlife and Countryside Link, the RSPB and the Chartered Institute of Ecology and Environmental Management warned that the exemptions would deepen nature inequality and undermine health benefits. Defra was contacted for comment but had not responded at the time of reporting.

The Guardian

Charities argue the small-site and brownfield loopholes disproportionately affect deprived communities, stripping them of flood mitigation, property-value protection and health gains linked to nature-integrated development. They label the changes a retreat from a world-leading environmental policy.

The Guardian

• “England’s poorest communities are already being left with the worst access to nature, and biodiversity net gain loopholes are further exacerbating this problem.” — Richard Benwell, Chief Executive, Wildlife and Countryside Link

The Guardian

• “Photograph: Antonio Olmos Jason Reeves, head of policy at the Chartered Institute of Ecology and Environmental Management, said: “This report shows the government’s proposed brownfield exemptions double down on that inequality: brownfield housing capacity is four times more concentrated in deprived areas than wealthy ones.” — Jason Reeves, Head of Policy, Chartered Institute of Ecology and Environmental Management

The Guardian

• “Carl Bunnage, the RSPB’s head of nature policy, said: “It is time for the government to stop dismantling what should have been a world-leading policy, especially as those in society already missing out will be hit hardest.” — Carl Bunnage, Head of Nature Policy, RSPB

The Guardian

• “If ministers are serious about tackling inequality and improving people’s health, they must stop weakening nature protections and make sure every community benefits from greener, healthier places to live. If ministers weaken these rules, it is ordinary people in poorer communities who lose out.” — The coalition of charities behind the report

The Guardian

The coalition calls for the brownfield exemption to be withdrawn and for a legally binding five-year lock-in that would prevent further weakening of BNG rules. Future amendments would be required to undergo rigorous impact assessments to safeguard biodiversity access for England’s most deprived areas.

The Guardian