The Biodiversity Gain Site Register Regulations 2024

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(6) An application referred to in paragraph (2) may be withdrawn by the applicant, but the withdrawal of an application is effective only if the register operator receives a written notification of the withdrawal from the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