The Biodiversity Gain Site Register Regulations 2024

Application to amend information in an entry in the biodiversity gain site register

17.—(1) Subject to paragraphs (5) and (6), an application may be made to the register operator on one of the grounds in paragraph (2) to amend the information in an entry in the biodiversity gain site register in which land is registered in relation to a particular conservation covenant or section 106 agreement.

(2) The grounds referred to in paragraph (1) are that—

(a) the information referred to in regulation 8(2)(f), (g), (h), (i) and (j) recorded in the entry, or any of that information, is incomplete or inaccurate as a result of a relevant modification made to the conservation covenant or section 106 agreement after the information was recorded;

(b) the information referred to in regulation 8(2)(k) recorded in the entry in relation to the allocation of any habitat enhancement to a development needs to be removed from the entry because the habitat enhancement has wholly ceased to be allocated to the development;

(c) the information referred to in regulation 8(2)(k) recorded in the entry in relation to the allocation of any habitat enhancement to a development is inaccurate because the habitat enhancement has partly ceased to be allocated to the development;

(d) the information referred to in regulation 8(2)(f), (g), (h), (i), (j) and (k) recorded in the entry, or any of that information, is incomplete or inaccurate for any other reason.

(3) For the purposes of this regulation, a relevant modification is made to a conservation covenant or section 106 agreement where—

(a) in the case of a conservation covenant—

(i) an obligation under the covenant is modified by agreement,

(ii) an obligation under the covenant is discharged by agreement,

(iii) any of the land to which the covenant relates, or any estate in any of that land, is discharged by agreement from an obligation under the covenant,

(iv) an obligation under the covenant is modified or discharged by order of the Upper Tribunal,

(v) a court or tribunal makes a decision about the effect of the covenant,

(vi) a document which describes any of the required enhancement works, and which was produced in accordance with the terms of the conservation covenant, is amended by any instrument, or

(vii) a supplemental instrument relating to the conservation covenant is amended by any instrument;

(b) in the case of a section 106 agreement—

(i) a planning obligation in the section 106 agreement is modified or discharged by agreement,

(ii) a determination, notice or other instrument is made or given which has the effect of modifying or discharging a planning obligation in the section 106 agreement,

(iii) the section 106 agreement is otherwise amended by any instrument,

(iv) a court or tribunal makes a decision about the effect of a planning obligation in the section 106 agreement,

(v) a document which describes any of the required enhancement works, and which was produced in accordance with the terms of a planning obligation in the section 106 agreement, is amended by any instrument, or

(vi) a supplemental instrument relating to the section 106 agreement is amended by any instrument.

(4) For the purposes of paragraph (3)(a)(vii) and (b)(vi), a supplemental instrument relating to a conservation covenant or section 106 agreement is an agreement or other document which was 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—

(a) maintaining any habitat enhancement to be achieved by works required to be carried out on land under that conservation covenant or (as the case may be) under any planning obligation in that section 106 agreement, or

(b) monitoring habitats on the land to ensure that any habitat enhancement to be achieved by works required to be carried out on land under that conservation covenant or (as the case may be) under any planning obligation in that section 106 agreement 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.

(5) An application on the grounds in paragraph (2)(a) may not be made if (subject to paragraph (6)) one or more of the conditions in regulation 6 have ceased to be met in relation to the land and the conservation covenant or section 106 agreement in relation to which it is registered.

(6) Where the required enhancement works have been completed on the land, the fact that the condition in regulation 6(2) has ceased to be met for that reason is to be disregarded for the purposes of paragraph (5).

(7) Where the entry records the allocation of any habitat enhancement to a development, an application may not be made on the grounds in paragraph (2)(a) or (d) to amend the information in the entry so far as that information relates to that allocated habitat enhancement.

(8) An application to amend an entry in the biodiversity gain site register 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.

(9) In paragraph (8) a “relevant person”, in relation to an application to amend 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 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 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.

(10) An application to amend an entry in the biodiversity gain site register must—

(a) include the name of the applicant;

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

(c) include—

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

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

(d) include the registration number assigned to the entry under regulation 11(2)(b);

(e) specify the grounds under paragraph (2)(a), (b), (c) or (d) on which the application is made and explain why the applicant considers those grounds are met;

(f) where the application is made on the grounds in paragraph (2)(d), explain why the applicant considers the information to which the application relates to be incomplete or inaccurate;

(g) specify the amendments which the applicant considers need to be made;

(h) where the application is made on the grounds that information in an entry in the biodiversity gain site register is incomplete or inaccurate as a result of a relevant modification made to a conservation covenant or section 106 agreement, include a copy of the agreement, determination, notice, instrument or decision referred to in paragraph (3)(a) or (b) with which the application is concerned.

(11) An application referred to in this regulation 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.

(12) In this regulation “the required enhancement works”, in relation to an application to amend the information in an entry in the biodiversity gain site register, means—

(a) where land is registered in the entry in relation to a conservation covenant, the works required to be carried out on the land for the purpose of habitat enhancement under that conservation covenant, or

(b) where land is registered in the entry in relation to a section 106 agreement, the works required to be carried out on the land for the purpose of habitat enhancement under the planning obligations in that section 106 agreement.