The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024

Substitution of paragraph 13 (general condition of planning permission)

4.  Part 2 of Schedule 7A to the 1990 Act applies as if for paragraph 13 there was substituted—

“13.— (1)  The grant of planning permission of the type mentioned in paragraph 19(1)(a) or (b) for the development of land in England shall be deemed to have been granted subject to the conditions in sub-paragraphs (2) to (6).

(2) The conditions are that—

(a) the development may not be begun unless the requirement in sub-paragraph (3) or (4) (overall plan) has been met,

(b) no phase of development may be begun unless the requirement in sub-paragraph (5) or (6) (phase plan) has been met in respect of that phase, and

(c) where permission has been granted on an application made under section 73(1) (determination of applications to develop land without compliance with conditions previously attached), no further development of a phase which has been begun may be carried out pursuant to that permission unless the requirement in sub-paragraph (5) or (6) has been met.

Overall plan

(3) The requirement in this sub-paragraph has been met where—

(a) a biodiversity gain plan for that overall development has been submitted to the planning authority(2) (see modified paragraph 14), and

(b) the planning authority has approved that plan (see modified paragraph 15).

(4) The requirement in this sub-paragraph has been met where—

(a) a biodiversity gain plan for the overall development has been approved for the purpose of complying with the condition in sub-paragraph (2)(a) subject to which planning permission for that overall development was previously granted,

(b) permission has been granted on an application made under section 73, and

(c) the earlier biodiversity gain plan for that overall development is regarded as approved under section 73(2C) and (2D) for the purpose of the permission granted under section 73.

Phase plan

(5) The requirement in this sub-paragraph has been met where—

(a) a biodiversity gain plan for that phase has been submitted to the planning authority (see modified paragraph 14), and

(b) the planning authority has approved that plan (see modified paragraph 15).

(6) The requirement in this sub-paragraph has been met where—

(a) permission has been granted on an application made under section 73, and

(b) an earlier biodiversity gain plan for that phase is regarded as approved under section 73(2C) and (2D) for the purpose of the permission granted under section 73.

(7) In this Part—

“a section 73 case” means a case where the biodiversity gain plan is required to be submitted for the purpose of complying with a condition in sub-paragraph (2), subject to which permission has been granted on an application made under section 73 (determination of applications to develop land without complying with conditions previously attached).”.

(1)

Section 73 was amended by sections 42(2) and 51(3) of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004, section 35(1) and (7) of the Planning (Wales) Act 2015, paragraphs 1 and 4 of Schedule 3 to the Neighbourhood Planning Act 2017 (c. 20), paragraph 3(1) and (5) of Schedule 14 to the Environment Act 2021, section 114(1) and (6) of the Levelling-up and Regeneration Act 2023 and S.I. 2024/49.

(2)

The term “planning authority” has the meaning given by paragraph 12(1) of Schedule 7A to the Town and Country Planning Act 1990.