- Latest available (Revised)
- Point in Time (24/01/2022)
- Original (As enacted)
No versions valid at: 24/01/2022
Point in time view as at 24/01/2022. This version of this part contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Environment Act 2021, PART 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 12/02/2024
3(1)The Town and Country Planning Act 1990 is amended as follows.E+W
(2)In section 56 (time when development begins), in subsection (3), at the end insert “and paragraph 13 of Schedule 7A”.
(3)In section 69 (register of applications etc)—
(a)in subsection (1), at the end insert—
“(e)applications for approval of biodiversity gain plans under Part 2 of Schedule 7A.”;
(b)in subsection (2)(a), for “and (aza)” substitute “, (aza) and (e)”.
(4)In section 70 (determination of applications: general considerations), in subsection (1)(a), after “section 62D(5)” insert “, paragraph 13 of Schedule 7A”.
(5)In section 73 (determination of applications to develop land after non-compliance), after subsection (2A) insert—
“(2B)Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
(2C)Subsection (2D) applies where—
(a)for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”),
(b)planning permission is granted under this section, and
(c)the conditions subject to which the planning permission is granted under this section do not affect the post-development biodiversity value of the onsite habitat as specified in the earlier biodiversity gain plan.
(2D)Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.”
(6)In section 74A (deemed discharge of planning permission conditions), after subsection (2) insert—
“(2A)But this section does not apply to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).”
(7)In section 76C (provisions applying to applications made under section 62A), in subsection (2), after “Schedule 1” insert “, or by regulations under paragraph 14(3) or 16 of Schedule 7A,”.
(8)In section 84 (simplified planning zone schemes: conditions and limitations on planning permission), at the end insert—
“(5)A simplified planning zone scheme may not disapply the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).”
(9)In section 88 (enterprise zones), after subsection (3) insert—
“(3A)Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity gain condition).”
(10)In section 96A (power to make non-material changes to planning permission), after subsection (3) insert—
“(3A)The conditions referred to in subsection (3)(b) do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).”
(11)In section 97 (revocation or modification of planning permission), at the end insert—
“(7)Subsection (1) does not permit the revocation or modification of the condition under paragraph 13 of Schedule 7A (the biodiversity gain condition), subject as follows.
(8)The Secretary of State may by regulations make provision—
(a)for the condition under paragraph 13 of Schedule 7A to apply in relation to the modification of planning permission under this section, subject to such modifications as may be specified in the regulations;
(b)for planning permission modified under this section to be subject to other conditions relating to meeting the biodiversity gain objective referred to in paragraph 2 of Schedule 7A (including conditions of a kind referred to in paragraph 20(3) of that Schedule).”
(12)In section 100ZA (restriction on power to impose planning conditions in England), in subsection (13)(c), after “limitation” insert “but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition)”.
(13)In section 106 (planning obligations), in subsection (1), in the words before paragraph (a), after “106C” insert “, Schedule 7A”.
(14)In section 106A (modification and discharge of planning obligations), after subsection (6) insert—
“(6A)Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
(a)prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
(b)give rise to a significant risk of that objective not being met in relation to any development.”
(15)In section 333 (regulations and orders), after subsection (3A) insert—
“(3AA)No regulations may be made under paragraph 2(4) of Schedule 7A (biodiversity gain condition) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”
Commencement Information
I1Sch. 14 para. 3 not in force at Royal Assent, see s. 147(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: