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Town and Country Planning Act 1990

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Registered offsite biodiversity gainsE+W

[F110(1)“Registered offsite biodiversity gain” means any habitat enhancement [F2of an offsite habitat], where—

(a)the enhancement is required to be carried out under a conservation covenant or planning obligation, and

(b)the enhancement is recorded in the biodiversity gain site register (as to which, see section 100 of the Environment Act 2021).

[F3(1A)For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value.

(1B)The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date.

(1C)The relevant date is—

(a)the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or

(b)such other date as may be specified in the conservation covenant or planning obligation.

(1D)But if—

(a)a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with—

(i)planning permission, or

(ii)any other permission of a kind specified by the Secretary of State by regulations, and

(b)as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been,

the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.]

(2)References to the allocation of registered offsite biodiversity gain are to its allocation in accordance with the terms of the conservation covenant or planning obligation referred to in sub-paragraph (1)(a).

(3)The biodiversity value of registered offsite biodiversity gain is measured, under the biodiversity metric, in relation to development to which it is allocated.]

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)

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