4.—(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.