The Cornish Chamber of Mines & Minerals (CCMM) is pleased to be involved in the preparation of a Planning Advice Note on practical considerations for the application of Biodiversity Net Gain (BNG) on new mineral projects in Cornwall. The Advice Note will aim to identify an approach for all stakeholders that sits within the current legal framework, but which provides practical solutions for the unique nature of mineral projects.
Biodiversity encompasses the variety of plant and animal life in an area and is a key indicator of the health of an ecosystem. All development projects, from housing developments to mines, can have an impact on the local biodiversity. BNG is an approach to development that leaves biodiversity in a better state than before by encouraging developers to provide an increase in appropriate natural habitat and ecological features.
Cornwall Council has been requesting BNG information on major planning applications since 2020. In England, BNG is required under the statutory framework of the Town and Country Planning Act (1990), as amended by the Environment Act (2021). With few exceptions, since February 2024 a grant of planning permission requires a development to deliver at least a 10% increase in biodiversity value relative to the pre-development habitat value on that site.
The mandated 10% BNG uplift is measured by a metric published by DEFRA. The metric is designed for conventional housing and commercial developments with short, fixed timeframes so that after construction a 30-year monitoring and management period can start. These rules are not suited to mineral developments, which last for decades and offer opportunities for phased restoration. Mineral extraction is also a temporary use of land which has a statutory obligation to be restored at closure. Typically, this achieves a more habitat-diverse environment with added opportunity for amenity, as showcased by the Nature After Minerals initiative. The current legal framework of BNG and the lack of planning policy guidance for the minerals industry is a problem for applicants and regulators alike and presents a potential obstacle to new permissions.
This Planning Advice Note is intended as a reference document for mineral developers, Cornwall Council Planning Authority and ecological consultants. It is being drafted by Cissbury Consulting and financed by the Shared Prosperity Fund Geo-Resources Sector Strengthening Project, led by the University of Exeter. The CCMM is a Deliver Partner for this project and proposed the scope for the Advice Note on behalf of members of both a ‘Minerals Industry Biodiversity Net Gain Working Group’ and the CCMM. The BNG Working Group comprises mineral exploration companies and operators, estates, Cornwall Council, planning practitioners, ecological consultants and a representative of the Mineral Products Association. The Advice Note will be published online by the University of Exeter and CCMM.
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