FOI Request - Biodiversity Net Gain
Request 101003819394
I am requesting information regarding the implementation and impact of the mandatory Biodiversity Net Gain (BNG) requirement on planning applications submitted to your council.
Please provide the following data for the period from 12 February 2024 to the date of your response.
1. Planning Application Decisions:
a) The total number of planning applications refused where failure to meet the statutory Biodiversity Net Gain requirement was a primary or contributing reason for refusal.
b) The total number of planning applications that have been delayed or had a decision withheld pending the submission or approval of a satisfactory BNG plan.
2. Length of Delays:
a) For the applications delayed due to BNG requirements (as identified in question 1), what has been the average length of the delay, measured in weeks, from the initial target decision date?
3. BNG Enforcement:
a) The total number of enforcement actions or formal investigations the council has initiated related to non-compliance with BNG obligations on approved developments.
b) The total number of financial penalties or fines that have been issued by the council for breaches of BNG requirements and the total monetary value (£) of these penalties.
4. Reasons for Planning Delays (Context):
a) A list of the five most common reasons cited for delays in determining planning applications within your council since 12 February 2024. If possible, please indicate the percentage of total delays each reason accounts for, to help contextualise the impact of BNG relative to other factors.
Response 04-08-2025
1.a) None
b) Not recorded. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held. Whilst this additional requirement has unquestionably contributed to a slowing in performance, it is difficult to attribute specific periods of delay to BNG alone.
2.a) Not recorded. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held. Whilst this additional requirement has unquestionably contributed to a slowing in performance, it is difficult to attribute specific periods of delay to BNG alone.
3. a) None
b) None
4. a)
1. Delays in submission of drainage/flood assessments to support planning applications
2. Awaiting ecology surveys, especially bat surveys, which can only be undertaken during certain periods of the year
3. Other surveys such as noise impact assessments, Traffic assessments, carbon asessments
4. Awaiting additional information caused by necessary amendments, including revised plans, additional landscaping etc from architects. Developers and architects find it very difficult in the north of Scotland sourcing consultants and specialists able to contract to do BNG work.
5. Delays in receiving consultation response from various statutory consultees
Please note, planning applications can be viewed via the e-planning portal https://publicaccess.moray.gov.uk/eplanning/ which will show the level of information that is being sought for applications in Moray.