The Landscape Institute has joined CIEEM and other sector bodies to warn the Secretary of State for Environment, Food and Rural Affairs about serious concerns regarding the misuse of the de minimis exemption within the Biodiversity Net Gain (BNG) framework.
In a letter, co-signed by a broad coalition of environmental, professional and business leaders, we highlight clear evidence that the current exemption is being used at scale in ways neither intended nor anticipated by Parliament.
Analysis, including the recent eftec report, indicates that if the existing de minimis exemption is retained – and a proposed new 0.2 hectare exemption introduced – more than 90% of planning applications could avoid BNG requirements altogether.
Such an outcome would fundamentally undermine the policy, distort the off-site biodiversity market and severely weaken confidence in BNG as a mechanism for nature recovery.
The joint letter identifies a core legal and procedural flaw: applicants are currently able to claim exemption based solely on a statement that they “believe” they are exempt, without providing supporting evidence at the point of submission. This approach places local planning authorities in an untenable position and removes meaningful incentives for compliance.
CIEEM and co-signatories are calling for:
- the removal of the existing de minimis exemption;
- no introduction of further exemptions until widespread non-compliance has been addressed; and
- robust safeguards requiring mandatory evidence to support any claim of exemption.
It has also made clear that any future consultation on BNG reform must explicitly address the impacts of the de minimis exemption and cannot treat this issue as out of scope.
BNG was introduced under the Environment Act to halt nature’s decline and secure measurable biodiversity recovery. Allowing widespread avoidance of its requirements risks failing both Parliament’s intention and the public’s expectation.
The partners will continue to press for a credible, enforceable and effective BNG regime that delivers meaningful outcomes for nature.
