CIEEM supports call to close Biodiversity Net Gain loopholes

CIEEM is among the organisations backing a new briefing from Wildlife and Countryside Link, published on 10 February 2026, warning that proposed changes to Biodiversity Net Gain (BNG) risk undermining one of the Government’s flagship nature recovery policies.

The briefing, No more loopholes: Making BNG work better for nature, raises serious concerns about the continued use of the de minimis exemption, which allows developers to self-declare that a site has minimal biodiversity impact without providing evidence. According to analysis cited in the briefing, 86% of approved planning applications in BNG’s first year claimed exemptions, with more than half relying on the de minimis route, including a significant proportion of sites over 0.5 hectares.

The Wildlife and Countryside Link briefing argues that introducing a new 0.2-hectare exemption without closing the existing de minimis loophole could result in over 90% of eligible developments being exempt from BNG requirements. The coalition warns that this would severely weaken the policy, destabilise the emerging BNG market, and significantly reduce habitat creation and enhancement.

The briefing also cautions against a blanket brownfield exemption, noting that many brownfield sites support valuable open mosaic habitats and that brownfield development has played a major role in delivering BNG to date.

It further calls for local authorities to retain the ability to set higher BNG requirements where justified, and for high standards to apply to major infrastructure and marine developments.

CIEEM supports the call to ensure that Biodiversity Net Gain remains a credible, effective mechanism for delivering measurable nature recovery. We will continue to engage with Government to help ensure that compliance is robust, proportionate and grounded in sound ecological evidence.

The full briefing is available on the Wildlife and Countryside Link website.