The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024

PART 4 Amendments related to appeals: biodiversity gain in England

8.  In section 78 (right to appeal against planning decisions and failure to take such decisions)—

(a) in subsection (2) after “development order” insert “or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations)”;

(b) in subsection (3) after “development order” insert “or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A”.

9.  In section 284 (validity of development plans and certain orders, decisions and directions)(1), after subsection (3)(j) (inserted by paragraph 6 of Schedule 11 to the Levelling-Up and Regeneration Act 2023), insert—

“, or

(k) any determination by the Secretary of State whether to approve a biodiversity gain plan under Schedule 7A (biodiversity gain in England).”.

10.  In section 336(1) (interpretation), after the definition of “authority to whom Part II of the 1959 Act applies”, insert—

““biodiversity gain plan” has the meaning in paragraph 14(1) of Schedule 7A;”.

(1)

Section 284 of the Town and Country Planning Act 1990 (c. 8) was amended by: section 82(2) of the Planning and Compulsory Purchase Act 2004 (c. 5); and subsection (3) was amended by paragraph 6 of Schedule 10 and paragraph 7 of Schedule 11 to the Levelling-up and Regeneration Act 2023 (c. 55) on a date to be appointed.