Our biodiversity net gain (BNG) expertise has led to CSX becoming the first specialists to have a section 106 agreement officially signed in North Yorkshire, securing a legally binding commitment to deliver biodiversity enhancements.
The achievement reflects the hard work of our team which has collaborated closely with the stunning 20,000-acre Swinton Estate, a vast landscape of farmland, forestry, and moorland on the edge of the Yorkshire Dales.
It is also testament to the constructive relationship that the team has developed with the local council’s ecology and planning teams, aiding the compliance process and being united in achieving long-term environmental successes.
The introduction of the UK’s BNG policy has not been an easy one, with challenges such as finding ways to measure biodiversity accurately at scale, securing suitable land for offsetting BNG units and limited resources to build expertise among local authorities.
Here Megan Russell, our quality assurance and compliance lead, explains how the system works, how we achieved this important breakthrough and our groundbreaking work with the Swinton Estate…
What is biodiversity net gain?
Biodiversity net gain (BNG) was a new approach to development in the UK launched by the government in February 2024. It makes it a mandatory requirement for wildlife habitats to be left in a measurably better state than they were before development work commenced.
Developers are legally required to deliver at least a 10% improvement in biodiversity – the ‘net gain’ – in every project. They must evidence the methods taken to preserve, protect and enhance habitats found on site, or provide for compensatory habitat improvement off-site.
The biodiversity value is measured in standardised units, using criteria such as the size and type of habitats, their condition and location. Units can be generated through efforts to create and enhance habitats – both with on-site and off-site solutions, helping to safeguard natural environments for many years to come.
You can read more about what BNG is in our article.
Who does BNG affect?
Land managers, including landowners, farmers, estate owners, managers and land agents, can sell off-site BNG units to developers as a potential source of income when on–site BNG is not feasible. They must sign a legal agreement with a local authority or responsible body and commit to maintaining the habitat improvements for 30 years.
How are BNG units registered?
Once BNG applications are accepted, the project’s details will feature in the Biodiversity Gain Sites Register, a public digital record overseen by Natural England. It can be used to check where biodiversity gain sites are and what habitats will be enhanced. People can also check the number and type of off-site biodiversity enhancements allocated to a particular development.
The Department for Environment, Food and Rural Affairs reported nine months after the legislation was introduced, under the Environment Act 2021, that there were 19 gain sites on the register relating to 500 hectares of habitat. It anticipated that the figures would rise as the off-site market develops.
What has CSX achieved in North Yorkshire?
We registered 59.9 habitat units and 2.25 hedgerow units for the Swinton Estate, making it the first project to be registered in North Yorkshire through a Section 106 agreement. It means they are now officially up and running on the Biodiversity Gain Sites Register as tradable units which we hope will attract significant interest.
We are very proud to have achieved this breakthrough, which has been helped enormously by our collaboration with the local planning authority (LPA), North Yorkshire Council.
What was the BNG project?
The nine-acre site we were asked to investigate as one of our BNG projects on the Swinton Estate has a baseline of predominantly modified and neutral grassland. The decision was taken to uplift those habitats to create lowland meadow and mixed scrub as well as introducing an element of woodland.
This proposed habitat has gone through all the necessary legal processes and the council’s ecology review. Swinton will now be looking to start work on the new habitat over the next 12 months, such as planting seeds and trees and other enhancement measures.
Once that is in action, the council will issue a notification about the work starting and that the monitoring period can begin. All those involved have agreed on a structured monitoring schedule for the rest of the 30-year period, needed to ensure delivery of the BNG project is on target.
What methods did we use to assess the BNG land?
We carried out a high-resolution drone survey to assess the land, built a digital twin record of the entire BNG project area and undertook a ‘ground truthing’ site visit to look at the species present and how they are establishing for our baseline data.
The council’s representatives also joined us on a site visit to verify our baseline and consider the site’s feasibility – it helps them to see the land in-person.
We also produced a topographic wetness index (TWI) to illustrate where water would accumulate on the site which is important for wetland identification.
We will continue to repeat the same methodologies in our future monitoring of the land to build up an auditable data trail and ensure the project hits its key milestones.
We also need to identify risks that could impact the project, such as climate change, and outline our mitigation steps. All this work will in turn be monitored by the LPA, which also considers the project in tandem with the impact on the wildlife and the public in the wider surrounding area, as well as local plans and biodiversity action plans.
How has your relationship with the local authority developed?
We found that local authorities across the country were at different stages in their knowledge of BNG when we first started offering our own services – but North Yorkshire Council has been incredibly collaborative. We have been able to have open conversations with the team, using our knowledge and experience with other LPAs to help smooth the process.
It has been a dual process of understanding the amount of work that goes into producing the BNG information and data and becoming familiar with each other’s methods to progress the projects.
We are looking to continue building this kind of relationship with other LPAs, helping them to understand the value of BNG and that it doesn’t need to hinder planning applications or developments.
What are the next plans for BNG projects in North Yorkshire?
We will work with the Swinton Estate and developers looking to purchase off-site BNG units, considering how their development plans translate into units, for example if there is a deficit in their construction project delivery.
It could be that the size of their development doesn’t leave enough space to create enough wildlife habitats or whether there are particularly distinct habitats that cannot be easily replaced on site. The market has a lot of potential, especially if there is an increase in planning applications.
We are currently working with North Yorkshire Council on three more BNG projects that are now in their final stages of securing section 106 agreements. We will continue to work with other landowners as the sector heads towards more sustainable partnerships.
Why work with CSX for your BNG needs in North Yorkshire?
We’re finding an increasing number of LPAs seeking our expertise – and becoming the first natural capital experts to register BNG units in North Yorkshire has been a real feather in our cap.
CSX is always pioneering advanced data analysis systems that empower landowners to gain fair returns through ecological land management.
Contact us today to find out how we can help your BNG journey, by either calling 01609 786655, emailing us at contact@csxcarbon.com, or visit our contact page.