OEP response to brownfield exemption consultation says full BNG needs time to bed in
The Office for Environmental Protection (OEP) has published its response to the Government’s consultation on a proposed targeted exemption from Biodiversity Net Gain (BNG) requirements for certain residential developments on brownfield land. The OEP has urged Government to allow the existing BNG regime to become fully established before introducing further changes.
In its response, the OEP notes that BNG is still relatively new and argues that the current framework should be given time to bed in so that lessons can be learned from its implementation. It warns that introducing additional exemptions before sufficient evidence has been gathered could undermine confidence in both the policy and the emerging nature market that supports BNG delivery. The OEP as questioned the need for the exemption, as no evidence was presented that makes clear the need for change.
The Government consultation, which closed on 10 June 2026, sought views on whether certain residential developments on brownfield land should be exempt from mandatory BNG requirements as part of efforts to accelerate housing delivery and support a brownfield-first approach to development.
CIEEM also responded to the consultation and raised significant concerns about the proposed exemption. Our response highlighted that ecological value cannot be determined solely by previous land use and that many brownfield sites support important habitats and species. We argued that an area-based exemption risks overlooking biodiversity value, would be contrary to the principle of Biodiversity Net Gain, and could weaken incentives for habitat protection and enhancement on development sites.
The OEP’s concerns echo many of the issues raised by CIEEM (and other environmental organisations) during the consultation process.
As Government considers its next steps, it will be important that any future changes to BNG are clearly evidenced.