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)

C1C2PART 2Condition of planning permission relating to biodiversity gain

Annotations:
Modifications etc. (not altering text)

20Modifications for particular kinds of planning permission

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.