PAS Biodiversity Net Gain (BNG) Legal Agreement and Planning Condition Templates

The Planning Advisory Service (PAS) commissioned Dentons to create a suite of sample templates that cover the various ways of securing biodiveristy gains via agreement and condition.

The Planning Advisory Service (PAS) commissioned Dentons to create a suite of sample agreement templates to facilitate securing biodiversity gains in the various ways allowed for by the Environment Act.

We are providing these templates for local authority planners and legal teams to modify according to their Council’s standards and the specific requirements of individual developments. Our aim is to support councils by providing a streamlined approach, enhancing efficiency in drafting agreements, and benefiting all stakeholders involved.

Important Notes:

  • These documents are templates and serve as an initial guide or heads of terms.
  • These templates require judgement and do not constitute legal advice. It is essential to consult with your legal teams to review and appropriately modify the content.
  • Local Planning Authorities (LPAs) and other parties to the agreement should collaborate with their legal teams to modify the templates as needed for each specific development.

The templates include drafting notes to explain options of drafting and usage. 

Templates Available:

  1. BNG Condition: Securing biodiversity net gain on-site via a condition.
  2. S106: Habitat Bank: Securing biodiversity gains as part of a wider habitat bank
  3. S106: On-Site: Includes monitoring contributions and secures on-site biodiversity net gain by condition.
  4. S106: Off-Site: Includes monitoring contributions and a habitat management and monitoring plan for off-site elements.

The templates include drafting notes to clarify drafting options and usage.