While there are no doubts that private gardens offer ecological value – and it is always a good idea to enhance their biodiversity value - when it comes to BNG there are unique challenges and obligations you need to be aware of. In particular, there are Government rules that say that there are limits on how much BNG can be captured by a garden.
These rules were introduced because of concerns over long-term accessibility and enforceability of any promises to create biodiversity in a garden. In order for BNG to work, a Local Planning Authorities (LPAs) need to be able to monitor what has been committed to. As a result, LPAs require the BNG uplift to be on land capable of being secured through planning conditions or obligations, in other words, not in a private garden as they require access to monitor and enforce as the Environment Act states that habitats should be secured for a minimum of 30 years.
So, what can you do if you only have a garden space?
Off-site units
The easiest option is the purchase of off-site units. You can buy off-site biodiversity units easily on Joe’s Blooms by using our partners, BNGx. There is a guide on how to do this here.
The BNG creation, enhancement and management of this area for the next 30 years becomes the responsibility of the seller. You can choose off-site habitats which are already legally secured and registered. If you do this, those off-site habitats do not need to be legally secured again. If you want to use off-site habitats which do not already have a legal agreement, you must enter a section 106 agreement before you get planning permission. LPAs can charge a monitoring fee for section 106 agreement
‘Publicly assessable’ land
Creating an area within your land that is ‘publicly accessible’. You could move your boundary fence a metre or so on to your property creating a band of land between your boundary and the public highway (the size of the strip of land depends on what and how you intend to achieve your uplift). This can then be planted with native species, saplings to achieve the necessary uplift. The piece of land remains your property, as does the requirement for monitoring and enforcement of the newly formed habitat for the required 30 years. Not all LPAs are agreeable to this solution and you would need to confer with them first. There are more details here.
Green roof
The creation of green roofs can provide the requisite uplift but would need to be in consultation with your LPA as access would be needed for the monitoring and enforcement of the newly formed habitat for 30 years. The LPA may specify a covenant or other legal agreement to ensure continued admittance.
There are several types of green roof that may suit your needs.
Green walls
As with green roofs, green walls can be used for BNG uplift but face the same issues of inability to secure long-term accessibility. Once again this would need to be in agreement with your LPA and abide by any additional legal documentation they may require.
There are two main types of green wall that could be considered.