Pre-development biodiversity valueE+W
[F16If—
(a)a person carries on activities on land on or after 30 January 2020 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 onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,
the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.]
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)