PART 4Amendments 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”.