Town and Country Planning Act 1990, Paragraph 5 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F15(1)In relation to any development for which planning permission is granted, the pre-development biodiversity value of the onsite habitat is the biodiversity value of the onsite habitat on the relevant date.
(2)The relevant date is—
(a)in a case in which planning permission is granted on application, the date of the application, and
(b)in any other case, the date on which the planning permission is granted.
(3)But the person submitting the biodiversity gain plan for approval and the planning authority may agree that the relevant date is to be a date earlier than that specified in sub-paragraph (2)(a) or (b) (but not a date which is before the day on which this Schedule comes into force in relation to the development).
(4)This paragraph is subject to paragraphs 6 [F2, 6A, 6B] and 7.]
Textual Amendments
F1Sch. 7A inserted (3.11.2023 for specified purposes, 12.2.2024 for specified purposes) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 2 (with s. 144); S.I. 2023/1170, reg. 2(d); S.I. 2024/44, reg. 2(1)(d)(2) (with regs. 3, 4)
F2Words in Sch. 7A para. 5(4) inserted (12.2.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 135(a), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 3
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