The Biodiversity Gain Site Register Regulations 2024

Required content of application to register land in the biodiversity gain site register

8.—(1) An application to register land in the biodiversity gain site register in relation to a particular conservation covenant or section 106 agreement must include—

(a) evidence that the applicant is entitled under regulation 7 to make the application;

(b) the information required by paragraph (2);

(c) the declaration required by paragraph (3);

(d) the documents required by paragraph (4).

(2) The information required by this paragraph to be included in an application to register land in relation to a particular conservation covenant or section 106 agreement is—

(a) the applicant’s name;

(b) an address to which notices under these Regulations in connection with the application may be sent by post to the applicant;

(c) an email address to which such notices may be sent to the applicant;

(d) information identifying the location and boundaries of the land to be registered (whether contained in a map or otherwise);

(e) where the required enhancement works on the land have already commenced, the date on which they commenced;

(f) the last date (if any) on which, under the terms of the conservation covenant or the planning obligations in the section 106 agreement, there will be any requirement in force to—

(i) carry out works on the land for the purpose of habitat enhancement, or

(ii) maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under the conservation covenant or (as the case may be) under the planning obligations in the section 106 agreement;

(g) where the required enhancement works on the land have not yet commenced—

(i) the type, size and condition of each habitat on the land, and

(ii) the projected type, size and condition of each habitat on the land as a result of those works;

(h) where the required enhancement works on the land have already commenced—

(i) the type, size and condition of each habitat on the land immediately before the commencement of those works, and

(ii) the projected type, size and condition of each habitat on the land as a result of those works;

(i) the name of each person by whom the requirement to carry out any of the required enhancement works on the land is enforceable;

(j) the name of each person by whom the requirement to maintain any of the habitat enhancement to be achieved by those works is enforceable;

(k) where any of the habitat enhancement to be achieved by the required enhancement works on the land has been allocated, in accordance with the terms of the conservation covenant or (as the case may be) the terms of a planning obligation in the section 106 agreement, to a development for which planning permission has been granted, the following information in relation to each such allocation—

(i) information identifying the development;

(ii) in relation to each habitat to which the allocated habitat enhancement relates, its projected type, size and condition as a result of the works required to be carried out on the land to achieve the allocated habitat enhancement under the conservation covenant or (as the case may be) under the planning obligations in the section 106 agreement;

(iii) the biodiversity value (for the purposes of Schedule 7A to the Town and Country Planning Act 1990) of the allocated habitat enhancement in relation to the development(1).

(3) The required declaration is a declaration by the applicant that—

(a) where the required enhancement works on the land have already commenced, any consent, licence or other permission necessary for the purpose of carrying out those works was obtained, or

(b) where the required enhancement works on the land have not yet commenced, any consent, licence or other permission necessary for the purpose of carrying out those works will be obtained before the works are commenced.

(4) The required documents are—

(a) where the application is to register land in relation to a conservation covenant, a copy of—

(i) the conservation covenant agreement containing that covenant, in the form the agreement was in when executed under section 117 of the Environment Act 2021;

(ii) every agreement discharging an obligation under the covenant or discharging any of the land, or any estate in any of the land, from an obligation under the covenant;

(iii) every agreement modifying an obligation under the covenant;

(iv) every agreement appointing a person to replace a responsible body under the covenant;

(v) every order of the Upper Tribunal modifying or discharging an obligation under the covenant;

(vi) every other decision of a court or tribunal about the effect of the covenant;

(vii) every other document which describes any of the required enhancement works on the land and has been produced in accordance with the terms of the conservation covenant;

(b) where the application is to register land in relation to a section 106 agreement, a copy of—

(i) the section 106 agreement in the form it was in when entered into under section 106 of the Town and Country Planning Act 1990;

(ii) every agreement modifying or discharging a planning obligation in the section 106 agreement;

(iii) every determination, notice or other instrument having the effect of modifying or discharging a planning obligation in the section 106 agreement;

(iv) every instrument by which the section 106 agreement has otherwise been amended;

(v) every decision of a court or tribunal about the effect of a planning obligation in the section 106 agreement;

(vi) every other document which describes any of the required enhancement works on the land and has been produced in accordance with the terms of a planning obligation in the section 106 agreement;

(c) a copy of every agreement or other document which has been entered into or produced pursuant to the terms of the conservation covenant or a planning obligation in the section 106 agreement and which describes things to be done in relation to the land for the purpose of—

(i) maintaining any habitat enhancement to be achieved by the required enhancement works on the land, or

(ii) monitoring habitats on the land to ensure that any habitat enhancement to be achieved by the required enhancement works on the land is maintained for the period for which it is required to be maintained under the conservation covenant or a planning obligation in the section 106 agreement;

(d) a copy of an official search certificate issued under section 9(4) of the Local Land Charges Act 1975(2) showing the particulars of the registration of the conservation covenant, or (as the case may be) the planning obligations in the section 106 agreement, in the local land charges register or the appropriate local land charges register.

(5) In paragraph (2)(g), (h) and (k)(ii)—

(a) references to a habitat’s “type” are to any habitat classification applicable to it for the purposes of the biodiversity metric;

(b) references to a habitat’s “size” are to—

(i) in the case of a linear habitat, its length in kilometres;

(ii) in the case of a habitat which is not a linear habitat, its area in hectares;

(c) references to a habitat’s “condition” are to its condition within the meaning that expression has for the purposes of the biodiversity metric.

(6) For the purposes of paragraph (5)(b), a “linear habitat” is any type of habitat required, for the purposes of a calculation under the biodiversity metric, to be measured according to length rather than area.

(7) In this regulation—

“the biodiversity metric” means the biodiversity metric published by the Secretary of State under paragraph 4 of Schedule 7A to the Town and Country Planning Act 1990;

“the required enhancement works” on land means, in relation to land which is the subject of an application to which this regulation applies, the works required to be carried out on the land for the purpose of habitat enhancement under—

(a)

where the application relates to a conservation covenant, the conservation covenant, or

(b)

where the application relates to a section 106 agreement, the planning obligations in the section 106 agreement.

(1)

The biodiversity value of habitat enhancement recorded in the biodiversity gain site register and allocated to a development is measured in relation to that development under the biodiversity metric published under paragraph 4 of Schedule 7A to the Town and Country Planning Act 1990: see paragraph 10 of that Schedule.

(2)

Section 9(4) of the Local Land Charges Act 1975 was amended by paragraph 84(3) of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) and paragraph 8(5) of Schedule 5 to the Infrastructure Act 2015.