Legal agreements for Biodiversity Units (Section 106)
Biodiversity Net Gain (BNG) is now a legal requirement under Schedule 14 of the Environment Act 2021. It ensures that habitats for wildlife are left in a measurably better state after development takes place.
How Biodiversity Net Gain works
Developers must always try to deliver BNG on the development site first.
If this is not possible, they can meet the requirement by buying Biodiversity Units from an approved off‑site Habitat Bank.
Habitat Banks are areas of land where the landowner creates or enhances habitats and manages them for at least 30 years. These habitats generate units that can only be sold if they are secured through legally binding agreements.
Legal agreements entered by Cheshire East Council
To make sure there is a reliable supply of Biodiversity Units within Cheshire East, the council has entered into legal agreements with landowners who are creating Habitat Banks.
These agreements secure:
- the creation or enhancement of habitats
- long‑term management and maintenance
- monitoring for the required 30‑year period
Copies of the legal agreements
Copies of all legal agreements entered into by the council for the purpose of creating Biodiversity Units.
Page last reviewed: 23 March 2026
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