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.