If a developer fails to deliver the biodiversity gain that was approved in the Biodiversity Gain Plan, the local planning authority can take enforcement action. The commitments are legally binding, meaning that failure to comply can result in a breach of planning conditions or a breach of legal obligations such as Section 106 agreements or conservation covenants.
Each BNG agreement identifies a responsible body that monitors ongoing habitat management. This organisation, which may be the local planning authority or another approved organisation, ensures that habitat creation and management tasks are completed according to the agreed schedule.
If monitoring reports indicate that the habitat is underperforming or has not been delivered as required, corrective action may be mandated. In more serious cases, enforcement proceedings may be initiated to secure compliance. This could include financial penalties or requirements for additional ecological works.
The risk of non compliance highlights the importance of working with experienced ecological partners who can maintain habitats over the full 30 year period. Eco Capital ensures that long term management plans are realistic, fully funded, and aligned with statutory expectations.
