Response 3778176

Response to request for information

Reference

3778176

Response date

29 July 2025

Request

I am requesting information regarding the implementation and impact of the mandatory Biodiversity Net Gain (BNG) requirement on planning applications submitted to your council.

Please provide the following data for the period from 12 February 2024 to the date of your response.

Planning Application Decisions:

• The total number of planning applications refused where failure to meet the statutory Biodiversity Net Gain requirement was a primary or contributing reason for refusal.

• The total number of planning applications that have been delayed or had a decision withheld pending the submission or approval of a satisfactory BNG plan.

Length of Delays:

• For the applications delayed due to BNG requirements (as identified in question 1), what has been the average length of the delay, measured in weeks, from the initial target decision date?

BNG Enforcement:

• The total number of enforcement actions or formal investigations the council has initiated related to non-compliance with BNG obligations on approved developments.

• The total number of financial penalties or fines that have been issued by the council for breaches of BNG requirements and the total monetary value (£) of these penalties.

Reasons for Planning Delays (Context):

• A list of the five most common reasons cited for delays in determining planning applications within your council since 12 February 2024. If possible, please indicate the percentage of total delays each reason accounts for, to help contextualise the impact of BNG relative to other factors.

Response

I am requesting information regarding the implementation and impact of the mandatory Biodiversity Net Gain (BNG) requirement on planning applications submitted to your council.

Please provide the following data for the period from 12 February 2024 to the date of your response.

Planning Application Decisions:

• The total number of planning applications refused where failure to meet the statutory Biodiversity Net Gain requirement was a primary or contributing reason for refusal.
  • The total number of planning applications refused where failure to meet the statutory Biodiversity Net Gain requirement was a reason for refusal can be found by viewing our planning applications on our website and filtering results by using the advanced search feature for applications which are refused and within the dates you specify. Decision notices and reasons for refusal can be found on the documents page.

• The total number of planning applications that have been delayed or had a decision withheld pending the submission or approval of a satisfactory BNG plan.
  • As above.

Length of Delays:

• For the applications delayed due to BNG requirements (as identified in question 1), what has been the average length of the delay, measured in weeks, from the initial target decision date?
  • Information is not held with respect to the total number of planning applications that have been delayed (nor the length of delay) pending the submission or approval of a satisfactory BNG plan.

BNG Enforcement:

• The total number of enforcement actions or formal investigations the council has initiated related to non-compliance with BNG obligations on approved developments.

• The total number of financial penalties or fines that have been issued by the council for breaches of BNG requirements and the total monetary value (£) of these penalties.

In relation to enforcement, Section 30 of the Freedom of Information Act 2000 sets out that information is exempt from release under the act if it falls under section 30(2)a(iii), which states as follows:

30 (2) Information held by a public authority is exempt information if—

(a) it was obtained or recorded by the authority for the purposes of its functions relating

(iii) investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment,

In respect of the reference to ‘purposes specified in Section 31(2), in this case the specific clauses is 31(2)c:

1. C) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

In this case the regulatory action into which the council would be investigating would be action relating to a potential breach of planning obligations.

In addition Section 30(3) states:

(3)The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).

As such, in relation to enforcement, the Council would not be required to provide this information requested if it were held by us, but in addition we are also not required to confirm that we do hold any such information.

Reasons for Planning Delays (Context):

• A list of the five most common reasons cited for delays in determining planning applications within your council since 12 February 2024. If possible, please indicate the percentage of total delays each reason accounts for, to help contextualise the impact of BNG relative to other factors.
  • Information regarding the five most common reasons for delays in determining planning applications is not held.