Some developers and planning teams burn weeks trying to “dodge” Biodiversity Net Gain (BNG). At Intelligent Land, we take a different path, and for good reason too. With the Land Value Accelerator™ (LVA Method™) we treat BNG exemptions as one of several value routes. Here’s how (in simple terms):
- If a BNG exemption is real, we prove it and package the evidence, so the LPA signs it off quickly.
- If not, we pivot to the cheapest, fastest compliant route (on-site tweaks, off-site units, credits).
The result: speed, certainty, uplift in land value – not wishful thinking.
What development is exempt from BNG?
OK, so let’s look at counts as an exemption from BNG. You will know that BNG is now a statutory condition on most planning permissions in England. But the Government lists a narrow set of exemptions from BNG, including:
- Developments below the “de minimis” threshold (no impact on priority habitat; <25m² habitat impact and <5m linear habitat impact).
- Householder applications.
- Small self-build/custom build schemes (all units must qualify; ≤9 dwellings; site ≤0.5ha).
- Biodiversity gain sites (works mainly to deliver BNG for another development).
- High-speed rail network works.
- Urgent Crown development and development granted by a development order (e.g., permitted development rights).
The precise de minimis limits (25m² area; 5m linear, excluding priority habitat) are set out in the 2024 Exemptions Regulations. If either limit is exceeded, or a priority habitat is affected, then the exemption fails.
BNG as a whole applies under a statutory framework inserted into the Town and Country Planning Act 1990 by the Environment Act 2021 (and later amendments). In practice, that means most grants of planning permission will carry a biodiversity gain condition unless one of the exemptions above genuinely applies.
Why BNG exemptions are often misunderstood
BNG exemptions aren’t shortcuts by default. They’re specific, tightly defined, and easy to lose through mapping errors or optimistic assumptions:
- De minimis drift: a 26m² scrape or a hedgerow nicked by 6m can sink eligibility. Priority habitats are always out. ([GOV.UK][1])
- Self-build slips: miss any condition (9-unit cap, ≤0.5ha, every unit truly self/custom build) and the exemption collapses. ([GOV.UK][1])
- “It’s only change of use…” Some BNG exceptions for change of use are permitted development (PD) and therefore exempt. Others require full permission and may still need BNG unless they fall under de minimis or avoid habitat impact altogether. See “Change of use” and how it applies to BNG exemptions below.
The LVA Method™: decide, don’t dither
We run two roads in parallel and pick the one with the best probability-weighted value, and ultimately you could then come out with increased land value, whilst adhering to BNG regulations (read our BNG guide for developers).
1) Review Planning Permissions
We interrogate the planning route and policy context to locate legitimate BNG exemption gateways (PD, householder, self-build/custom build, biodiversity gain site, transitional timing) and stress-test them against the actual wording of GOV.UK guidance and the Regulations.
2) Undertake Research
We produce a centimetre-level ecological baseline, check for priority habitats, and refine the red line to avoid accidental habitat impact. Where a BNG exemption looks viable, we build an Exemption Evidence Pack that mirrors the GOV.UK criteria – including maps, photos, method statements, and a concise Exemption Statement the LPA can lift into their decision notice.
3) Scenario Testing
Our AI models compare Scenario A: Proven exemption vs Scenario B: Smart compliance, costing on-site design tweaks, off-site units or statutory credits. You get uplift ranges, time-to-consent, planning probability – and a clear recommendation that protects programme and value.
Where claiming a BNG exemption really works
- Micro-works with zero priority habitat impact: Hardstanding repairs, tiny service enclosures, or kerb realignments that can be contained under de minimis with robust method statements.
- Tightly qualified self-build/custom build: Up to 9 dwellings, ≤0.5ha, and all units meeting the statutory definition – evidence matters.
- Biodiversity gain sites: Works mainly undertaken to deliver BNG for another scheme are expressly exempt.
When to pivot to intelligent compliance
- Cleaning the red line to hit de minimis would slow the programme or increase risk.
- One self-build unit can’t be evidenced, breaking the whole exemption.
- Off-site units or credits are cheaper (and faster) than months of exemption wrangling.
- A full planning change of use touches outdoor habitat (however slightly), tipping you beyond de minimis – so a modest, planned BNG solution beats a contested exemption.
BNG exemptions for small sites
From 2 April 2024, small sites are not exempt – BNG is mandatory for them too, just as it would be for large agricultural sites. (Major applications were already in from 12 February 2024.) The GOV.UK page explicitly removed “small developments” from its exemptions list on that date. If you’re hearing “small sites are exempt”, that’s out-of-date.
What LVA does for small sites: we test whether a true de minimis position exists (often it doesn’t), then price the cheapest compliant route – micro-design changes, off-site units, or credits – to keep your consent on track. Contact us today and book a consultation.
BNG exemptions for change of use
“Change of use” regarding BNG isn’t automatically exempt. Two key distinctions apply:
- Change of use under Permitted Development (PD): developments granted by a development order are exempt from mandatory BNG. Many (not all) changes of use fall under the GPDO and therefore sit in this bucket.
- Change of use requiring full planning permission: not exempt per se. If there’s no habitat impact (e.g., purely internal works) and you can demonstrate de minimis or no decrease in biodiversity value within the red line, you may qualify – otherwise expect to deliver BNG.
What LVA does: we confirm the planning route (PD or not), map any external works, run the de minimis test, and if needed, design a light-touch, low-cost BNG solution (e.g., targeted planting, green roofs, or off-site units) that preserves programme and value.
To get started, read more about the LVA Method™ and how it can add value to your development land, despite BNG legislation.
Packaging an exemption the LPA can sign off
If the LVA Method™ says “go exemption”, we remove doubt. Your Exemption Evidence Pack typically includes:
- Red line and habitat baseline (with priority habitat screening).
- Impact-avoidance method statements (to stay within de minimis).
- Change-of-use planning route confirmation (PD vs full permission).
- Chain of reasoning against GOV.UK criteria and the Exemptions Regulations (with page and regulation cross-references).
- Concise Exemption Statement the case officer can quote.
LPAs increasingly ask for a short biodiversity statement even when you’re exempt, so we supply one that answers their checklist up front.
Three short snapshots (anonymised)
Micro-industrial upgrade (urban)
- Problem: kerb and bollard adjustments risked clipping a hedge.
- LVA move: re-draw red line, construction method to avoid hedge root zone.
- Outcome: de minimis proven, condition avoided; programme held.
Self-build mews (edge-of-centre)
- Problem: team assumed self-build exemption.
- LVA move: eligibility audit found one non-qualifying unit; exemption would fail.
- Outcome: pivot to off-site units, quicker officer agreement; disposal premium preserved.
Class MA PD conversion (town centre)
- Problem: debate over whether BNG applied.
- LVA move: confirm PD status → falls under development order exemption.
- Outcome: exempt, clean path to start on site.
The Intelligent Land difference
Traditional advisors summarise risk. We engineer uplift. By modelling perceived value – what officers and committees must reasonably accept under current wording – we design the quickest path to a decision. Sometimes that’s a gold-standard BNG exemption. Often, it’s a smart, minimal-cost compliance plan that removes friction and protects NPV.
The Land Value Accelerator™ (LVA Method™)
- Review Planning Permissions – Find legitimate exemption pathways; stress-test them.
- Undertake Research – Build an evidence pack that mirrors GOV.UK criteria.
- Scenario Testing – Compare exemption vs. compliance for time, cost, risk and value.
FAQs
- Is de minimis the same as “small site”? No. De minimis is about tiny habitat impacts (and no priority habitat). Small sites as a category are within BNG since 2 April 2024.
- Are all changes of use exempt? No. PD change of use can be exempt (as development granted by a development order). A full planning change of use may still need BNG unless it meets de minimis or avoids habitat impact entirely.
- What happens if my exemption fails at committee? We bring the compliance scenario off the bench – already costed and agreed in principle – so your programme doesn’t stall.
- Do I still need to submit something if I’m exempt? Many LPAs want a succinct biodiversity statement evidencing the exemption. We provide it as standard.
Land Value Accelerator™ – Unlocking Hidden Millions
If you think your scheme qualifies for a BNG exemption – or you’re not sure – ask us to Prove, Package or Pivot.
