PART 4Recording allocation of habitat enhancement to a development after registration of the land
Applications to record allocation of habitat enhancement to a development after registration of the land12.
(1)
This regulation applies where—
(a)
after land has been registered in an entry in the biodiversity gain site register under regulation 11 in relation to a particular conservation covenant or section 106 agreement, any habitat enhancement to be achieved by the works required to be carried out on the land for the purpose of habitat enhancement under the covenant or under a planning obligation in the section 106 agreement (“the required enhancement works”) is allocated, in accordance with the terms of the covenant or obligation, to a development for which planning permission has been granted,
(b)
the biodiversity gain site register does not already record that allocated habitat enhancement as having been allocated to a development, and
(c)
the information recorded in the entry in question about the projected type, size and condition of habitats on the land as a result of works required to be carried out on the land includes the projected type, size and condition, as a result of the required enhancement works, of each habitat to which that allocated habitat enhancement relates.
(2)
An application may be made to the register operator to record the allocation of the habitat enhancement to the development in the entry in question.
(3)
An application referred to in paragraph (2) may only be made by—
(a)
a relevant person, or
(b)
a person who has the consent of every relevant person to make the application.
(4)
In this Part a “relevant person”, in relation to an application to record the allocation of habitat enhancement to a development in an entry in the biodiversity gain site register, means—
(a)
where land is registered in the entry in relation to a conservation covenant—
(i)
a person who is required under the covenant to carry out works on the land to achieve any of the allocated habitat enhancement,
(ii)
a person who is required under the covenant to maintain any of the allocated habitat enhancement, or
(iii)
a person by whom a requirement referred to in paragraph (i) or (ii) is enforceable,
but not the responsible body under the covenant;
(b)
where land is registered in the entry in relation to a section 106 agreement, a person who is required under a planning obligation in the section 106 agreement—
(i)
to carry out works on the land to achieve any of the allocated habitat enhancement, or
(ii)
to maintain any of the allocated habitat enhancement.
(5)
An application referred to in paragraph (2) may be withdrawn by the applicant, but the withdrawal of an application is effective only if the register operator receives a written notification of the withdrawal from the applicant before deciding whether to accept or reject the application.
(6)
In paragraph (1)(c), the references to the “type”, “size” and “condition” of any habitat are to be construed in accordance with regulation 8(5).