Transitional provision: section 73 planning permissions4
1
The biodiversity gain planning condition does not apply in relation to a section 73 planning permission where—
a
the original planning permission to which the section 73 planning permission relates was granted before 12th February 2024; or
b
the application for the original planning permission to which the section 73 planning permission relates was made before 12th February 2024.
2
For the purposes of this regulation—
a
“section 73 planning permission” means a planning permission granted on an application made under section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached);
b
“the original planning permission to which the section 73 planning permission relates” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.