Independent Mitigation Sites

Register your interest in a legal agreement to regulate a phosphorus nutrient neutrality mitigation site, or an offsite biodiversity net gain site.

Biodiversity net gain (BNG) is a way of creating and improving natural habitats. BNG makes sure development has a measurably positive impact (‘net gain’) on biodiversity, compared to what was there before development. Developers must deliver a biodiversity net gain of 10%. This means a development will result in more or better quality natural habitat than there was before development.

Independent mitigation sites can provide the habitat gains and sell ‘units’ to developers that satisfy the requirements.

Nutrient neutrality (NN) has to be achieved for all housing developments and some other development in relevant failing protected river catchments. Mitigation sites can remove phosphorus from the catchment and sell credits to facilitate developers.

Apply for a BNG or NN mitigation site

How you can achieve BNG or NN Credits on an independent mitigation site

Habitats creating off-site biodiversity net gain must be secured for at least 30 years. 

NN mitigation sites removing phosphorus from the catchments must be secured for at least eighty years. 

You will need to secure sites through a legal agreement with us, before you can add off-site biodiversity units onto Natural England's Gain Site register and sell them to developers. 

Read guidance on entering into legal agreements for biodiversity net gain (GOV.UK)

Our off-site biodiversity net gain regulation service

We offer a paid service to help with the setting up and regulation of a legal agreement associated with off-site BNG and NN mitigation sites. 

Fees for our BNG and NN mitigation site applications (PDF , 112KB)

The legal agreement will: 

  • bind the landowner and any successors in title
  • ensure that the landowner (or other person) who manages the site or sites to standard. The standard is set out in a Management and Monitoring Plan that we agree with them

We accept applications from:

  • landowners
  • agents
  • habitat bank brokers
  • developers

All expression of interest submissions are confidential. 

Requirements for Independent Mitigation Sites 

We will only consider regulating sties for biodiversity gain and nutrient neutrality that deliver the best outcomes for Westmorland and Furness. 

We have produced a set out criteria that must be met, before we will consider entering into a legal agreement.

Criteria for Biodiversity Net Gain Mitigation Sites (PDF , 416KB)

Criteria for Nutrient Neutrality Mitigation Sites (PDF , 595KB)

How to apply for a BNG or NN Independent Mitigation Site

Application form for Freestanding Mitigation Sites (DOC , 200KB)

Please return your application to us by email at: planning2@westmorlandandfurness.gov.uk

You will need to include your accompanying information and pay the relevant application fee (PDF , 112KB)