Market Engagement: Biodiversity Net Gain (BNG) Offsite Delivery Provider

The Environment Act 2021 introduced a strengthened 'biodiversity duty' which requires all public authorities in England to consider what they can do to conserve and enhance biodiversity. Biodiversity Net Gain (BNG) became mandatory from 12 February 2024 for major developments. This requires developments, unless exempt, to meet a minimum of 10% BNG. Where this cannot be achieved in full on-site the developer is required to find off-site solutions to achieve the target. As part of our corporate priority for a clean and green borough, the Council is seeking to work with a third party to secure (including liaising and negotiating with applicants on the sale of BNG units), register, implement, manage and monitor the Habitats Management and Monitoring Plans (HMMPs) which have been prepared for land within Oldham Council's ownership each for a minimum period of 30 years. This is a significant opportunity for a well-resourced, innovative, and ambitious third party who is a Responsible Body.

The Council does not have the resources in place to carry out all the functions necessary to implement the HMMPs and therefore does not intend to set up a Special Purpose Vehicle to enter S106 agreements with ourselves and is not looking to lease land to a tenant. The Council is seeking to enter into an agreement with a third party who is a Responsible Body to secure and deliver conservation covenants on our behalf and so be able to offer BNG credits for sale to developers to secure investment in biodiversity on the council-owned sites.

We are seeking feedback from the market to help us to understand its current level of maturity, level of interest in this opportunity, and to inform/shape our requirements for the BNG Offsite Delivery Provider in sufficient depth to take us to procurement/tender.