The Biodiversity Gain Site Register Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for and in relation to a register of biodiversity gain sites (“the biodiversity gain site register”). “Biodiversity gain site” is defined in section 100(2) of the Environment Act 2021 (“the 2021 Act”).

These Regulations are made in connection with Schedule 7A to the Town and Country Planning Act 1990 (“the 1990 Act”), which makes provision for the grant of planning permission for a development in England to be subject to a condition to secure than the biodiversity gain objective in paragraph 2 of that Schedule is met in relation to the development. That objective is met if the biodiversity value attributable to the development exceeds, by at least 10%, the pre-development biodiversity value of habitat on the land to which the planning permission relates. For this purpose, the biodiversity value attributable to a development includes (subject to further conditions in Schedule 7A to the 1990 Act) the biodiversity value of any habitat enhancement which is recorded in the biodiversity gain site register and is allocated to the development. Section 100 of the 2021 Act provides for that register to be established by regulations.

Regulations 3 and 4 require Natural England to establish and maintain the biodiversity gain site register and to ensure that information in it is accessible to the public. References in these Regulations to “the register operator” are to Natural England.

Regulations 5 to 11 provide for the registration of land in the biodiversity gain site register. The Regulations provide for land to be registered in relation to a particular conservation covenant or section 106 agreement. Conservation covenants are provided for by Part 7 of the 2021 Act. Section 106 agreements are instruments by which planning obligations are entered into (whether by agreement or otherwise) under section 106 of the 1990 Act. It is possible for the same land to be registered more than once in the register, but not in relation to the same conservation covenant or section 106 agreement. Regulation 6 deals with eligibility of land to be registered. Regulations 7 and 8 provide for applications to register land. Regulations 9 to 11 provide for the determination of such applications and the registration of land by the register operator.

Regulations 12 to 16 apply where land is already registered in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement. They provide for the recording on the register of any allocation of habitat enhancement on the land to a development for which planning permission has been granted. These regulations provide for applications to have such allocations recorded on the register, and for the determination of such applications by the register operator. As mentioned above, Schedule 7A to the 1990 Act provides for the biodiversity value of habitat enhancement allocated to a development to count towards the biodiversity value attributable to that development where the habitat enhancement in question is registered in the biodiversity gain site register.

Regulations 17 to 19 provide for the amendment of information on register on application to the register operator.

Regulations 20 to 23 allow the register operator to amend information on the register on its own initiative.

Regulations 24 to 29 provide for the removal of entries from the register, on application to the register operator and on the register operator’s own initiative.

Regulations 30 to 35 provide for appeals to the First-tier Tribunal against the rejection of applications, and other decisions of the register operator, under these Regulations.

Regulation 36 provides that the provision of any information or document to the register operator under these Regulations for any purpose has effect only for that purpose. It also provides that decisions of the register operator under the Regulations may not be taken as indicating consent to or approval of particular works to be carried out on land.

Regulation 37 provides that copyright is not infringed where the register operator does anything which is necessary to comply with its obligations to place specified documents on the biodiversity gain site register or make them accessible to the public under regulation 4.

Regulations 38 to 40 contain provision about the way in which notices may be given by the register operator under these Regulations and about the postal address or email address to which such a notice is to be sent.

Regulation 41 provides for the Secretary of State to carry out periodic reviews of the regulatory provision (within the meaning of section 32 of the Small Business, Enterprise and Employment Act 2015) made by these Regulations.

The Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024 set fees for applications under these Regulations. They also give the register operator a power to impose a financial penalty where false or misleading information is supplied in connection with an application to register land in the biodiversity gain site register under these Regulations.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.