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THE BNG BRIEF: S106 Agreements Vs. Conservation Covenants

Andrew McFarlane Holt

20 May 2026

Andrew McFarlane Holt compares Section 106 agreements and conservation covenants in our latest BNG Brief.

When it comes to delivering BNG, securing a bank site is just as important as the quality of the habitat itself. But what are the options to secure sites, and how does this affect developers?

 

“Typically, there are two main routes for securing bank sites; either through a Section 106 agreement or via a conservation covenant. Both approaches achieve the same goal – guaranteeing that the land is managed for nature in the long term – but they differ in how they’re put in place.

The Habitat Bank is a trading name of The Habitat Bank Limited (company number 14253254) Registered in England and Wales

Registered Office: Eden House, St John's Business Park, Rugby Rd, Lutterworth LE17 4HB

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