SCHEDULES

F1SCHEDULE 7ABiodiversity gain in England

Annotations:
Amendments (Textual)
F1

Sch. 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)

PART 1Overview and interpretation

F26APre-development biodiversity value

If—

a

a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),

b

on the relevant date, development for which that other planning permission was granted—

i

has not been begun, or

ii

has been begun but has not been completed, and

c

as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,

the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.