SCHEDULES

[F1SCHEDULE 7AE+WBiodiversity gain in England

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)

PART 2E+WCondition of planning permission relating to biodiversity gain

Modifications for particular kinds of planning permissionE+W

20(1)The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to development for which—

(a)planning permission is granted under section 73A (planning permission for development already carried out), or

(b)planning permission is granted by an order under section 102 (orders requiring discontinuance of use etc).

(2)Regulations under this paragraph may in particular include provision—

(a)for paragraph 13 not to apply in relation to the grant of planning permission referred to in sub-paragraph (1)(a) or (b);

(b)for the grant of any such planning permission to be subject to other conditions relating to meeting the biodiversity gain objective.

(3)The conditions referred to in sub-paragraph (2)(b) may include conditions requiring—

(a)habitat enhancement on the land to which the planning permission relates;

(b)the allocation of registered offsite biodiversity gain to any development for which the planning permission is granted;

(c)the purchase of biodiversity credits for any such development.]