Town and Country Planning Act 1990, Paragraph 15 is up to date with all changes known to be in force on or before 09 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.
[F115(1)For the purposes of paragraph 13(2)(b) a planning authority to which a biodiversity gain plan is submitted must approve the plan if, and only if, it is satisfied as to the matters specified in sub-paragraph (2).
(2)The matters are—
(a)that the pre-development biodiversity value of the onsite habitat is as specified in the plan,
(b)that the post-development biodiversity value of the onsite habitat is at least the value specified in the plan,
(c)that, in a case where any registered offsite biodiversity gain is specified in the plan as allocated to the development—
(i)the registered offsite biodiversity gain is so allocated (and, if the allocation is conditional, that any conditions attaching to the allocation have been met or will be met by the time the development begins), and
(ii)the registered offsite biodiversity gain has the biodiversity value specified in the plan in relation to the development,
(d)that any biodiversity credits specified in the plan as purchased for the development have been so purchased,
(e)that the biodiversity gain objective is met, and
(f)any other matters specified in the plan under paragraph 14(2)(f).]
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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