The Biodiversity Gain Site Register Regulations 2024

PART 7 Removal of land from the biodiversity gain site register on application to the register operator

Application to have an entry removed from the biodiversity gain site register

24.—(1) This regulation applies where—

(a) land is registered in an entry in the biodiversity gain site register in relation to a conservation covenant or section 106 agreement, and

(b) no allocation of any habitat enhancement to a development is recorded in the entry.

(2) An application may be made to the register operator to have the entry removed from the register.

(3) Any application referred to in paragraph (2) may only be made by—

(a) a relevant person, or

(b) a person who has the consent of a relevant person to make the application.

(4) In this regulation, a “relevant person” means—

(a) where the land is registered in the entry in question in relation to a conservation covenant—

(i) a person who is required under the covenant to carry out works on the land for the purpose of habitat enhancement,

(ii) a person who is required under the covenant to maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under the covenant, or

(iii) a person by whom a requirement referred to in paragraph (i) or (ii) is enforceable,

but not the responsible person under the covenant;

(b) where the 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 for the purpose of habitat enhancement, or

(ii) to maintain any habitat enhancement to be achieved by works required to be carried out on the land for that purpose under a planning obligation in the section 106 agreement.

(5) An application referred to in paragraph (2) must include—

(a) the name of the applicant;

(b) evidence that the applicant is entitled under this regulation to make the application;

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

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

(e) the registration number assigned under regulation 11(2)(b) to the entry to which the application relates.

(6) An application referred to in paragraph (2) may be withdrawn by the applicant, but the withdrawal of an application is effective only if the register operator receives a written notification of the withdrawal from the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.

Determination of an application to have an entry removed from the biodiversity gain site register

25.—(1) This regulation applies where the register operator has received an application referred to in regulation 24(2) (made to have an entry removed from the biodiversity gain site register).

(2) If the register operator does not receive payment of a fee for the application in accordance with the Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2024, the register operator must reject the application.

(3) The following provisions of this regulation apply where the register operator has received payment of a fee for the application in accordance with those Regulations.

(4) Subject to paragraph (15), the register operator must consider the application and must, in accordance with the following provisions of this regulation, either accept or reject it.

(5) Subject to the following provisions of this regulation, the application must be accepted if—

(a) it appears to the register operator that the application includes the evidence and other information required by regulation 24(5), and

(b) the register operator is satisfied that—

(i) the applicant is entitled under regulation 24 to make the application, and

(ii) the conditions under regulation 24 for making the application are met.

(6) The register operator may, by giving notice to the applicant, request any information it needs in order to determine whether it is required by paragraph (5) to accept the application.

(7) Where, having given notice under paragraph (6) requesting information from the applicant, the register operator is satisfied that it has received all of the information requested by that notice, the register operator must as soon as practicable give notice to the applicant informing the applicant that it is so satisfied.

(8) The application must be rejected—

(a) if—

(i) it does not appear to the register operator as mentioned in paragraph (5)(a), or

(ii) the register operator is not satisfied as mentioned in paragraph (5)(b),

and the register operator has decided not to make a request (or a further request) for information under paragraph (6), or

(b) if the register operator considers that false or misleading information has been supplied to it in connection with the application.

(9) Where the register operator decides that it is necessary, for the purposes of considering the application, to investigate whether any information supplied to it in connection with the application is false or misleading, it must—

(a) give notice to the applicant as soon as practicable informing the applicant that it has so decided, and

(b) as soon as practicable after concluding the investigation, give notice to the applicant that it has concluded the investigation,

and a notice under this paragraph must state the date on which the decision was made or the investigation was concluded (as the case may be).

(10) The register operator may reject the application if—

(a) it has given notice requesting information from the applicant under paragraph (6),

(b) a period of three months beginning with the day on which the notice was given has expired, and

(c) it has not been provided with the requested information.

(11) A notice under paragraph (6) must explain the effect of paragraph (10).

(12) Where the register operator accepts an application to have an entry removed from the biodiversity gain site register, it must as soon as practicable—

(a) remove the entry from the register, and

(b) remove from the register any document which was placed on the register under regulation 11(3)(b) when the land to which the entry relates was registered.

(13) Where the register operator accepts or rejects an application to have an entry removed from the biodiversity gain site register, it must give notice to the applicant that it has done so as soon as practicable.

(14) A notice under paragraph (13) informing the applicant of the rejection of an application must—

(a) give reasons for the register operator’s decision to reject the application, and

(b) contain information about the right of appeal under regulation 30(6).

(15) Paragraph (4) ceases to apply in relation to the application if the application is withdrawn (see regulation 24(6)).