The applicant states: “Reason biodiversity net gain does not apply: Development subject to the de minimis exemption (development below the threshold). What best describes the size of your site?: Over 25 square metres. Please justify the reason why biodiversity net gain does not apply: There is no habitat or vegetation to be removed on the site as foundation work has already been completed.” The site is some 400 sq. metres, so not subject to the de minimis rule. Examination of the Google Earth image of the site dated 19 July 2024 shows that it had not been cleared by that date. Paragraph 6 of Schedule 7A of the Town and Country Planning Act 1990 (the Act) states: 'If— (a) a person carries on activities on land on or after 30 January 2020 otherwise than in accordance with— (i) planning permission, or (ii) any other permission of a kind specified by the Secretary of State by regulations, and (b) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.' Accordingly the site is not exempt from the obligation to provide at least 10% biodiversity net gain in accordance with the Act and the regulations made under it. The plans propose to create Vegetated garden habitat worth 0.02 habitat units onsite. This application will result in a net loss of BNG of 93.28% comprising Heathland and scrub - Mixed scrub habitat. There will be a deficit of 0.41 HUs below the minimum 10% net gain required. This shortfall will need to be provided offsite.

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