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

PART 3 Amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

Amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

9.  The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(1) is amended in accordance with regulations 10 to 12.

10.  In article 2 (interpretation) after the definition of “infrastructure manager”, insert—

““irreplaceable habitat” has the meaning given by regulation 2 of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024(2);”.

11.  In article 4 (applications for planning permission)—

(a) in paragraph (1)(c)—

(i) in paragraph (i)—

(aa) omit the “and” after sub-paragraph (bb);

(bb) after sub-paragraph (cc) but before the “or” which follows it, insert—

“(dd) the information relating to the condition under paragraph 13 of Schedule 7A to the 1990 Act (“the biodiversity gain condition”) specified in paragraph (1A);”;

(ii) in paragraph (ii) for “(cc)” substitute “(dd)”;

(b) after paragraph (1) insert—

“(1A) A relevant application(3) for planning permission must be accompanied by the following information relating to the biodiversity gain condition—

(a) a statement as to whether the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition;

(b) where the applicant believes that planning permission, if granted, would not be subject to the biodiversity gain condition, the reasons for that belief;

(c) in cases where the applicant believes that planning permission, if granted, would be subject to the biodiversity gain condition—

(i) the completed biodiversity metric calculation tool or tools (as the case may be)(4) showing the calculation of the biodiversity value of the onsite habitat, for the purpose of the biodiversity gain plan required to be submitted under paragraph 13 of Schedule 7A to the 1990 Act if permission is granted, on—

(aa) the date of the application, or

(bb) an earlier date proposed by the applicant(5), and

(cc) the date immediately before any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act(6) have been carried out on the land;

(ii) the biodiversity value or values (as the case may be) referred to in paragraph (i);

(iii) the publication date of the biodiversity metric calculation tool or tools (as the case may be) used to calculate the values referred to in paragraph (i);

(iv) if an earlier date is proposed by the applicant under paragraph (i)(bb), the reasons why that earlier date is proposed;

(v) if any activities of the type mentioned in paragraph 6 or 6A of Schedule 7A to the 1990 Act have been carried out on the land—

(aa) a statement that such activities have been carried out,

(bb) confirmation of the date immediately before those activities were so carried out, and

(cc) any available supporting evidence for the date referred to in sub-paragraph (bb) and for the value referred to in paragraph (i)(cc).

(vi) a description of any irreplaceable habitat, corresponding to the descriptions in Table 1 or in column 1 of Table 2 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024, that—

(aa) is on the land to which the application relates, and

(bb) exists on the date referred to in paragraph (i)(aa) or (bb) (as applicable);

(vii) a plan showing the location, on the date referred to in paragraph (i)(aa) or (bb) (as applicable), of—

(aa) the onsite habitat included in the calculations referred to in paragraph (i), and

(bb) any irreplaceable habitat.”;

(c) in paragraph (2), after “required to be provided by paragraph (1)” insert “or paragraph (1A)”.

12.  In article 24 (contents of the decision notice))—

(a) in paragraph (1), before sub-paragraph (a) insert—

“(za) where planning permission is granted, the notice must include—

(i) information relating to the condition in paragraph 13 of Schedule 7A to the 1990 Act (biodiversity gain condition) including that there are exemptions, transitional provisions and requirements relating to irreplaceable habitat,

(ii) information to note the effect of section 73(2D) of the 1990 Act (earlier biodiversity gain plan in relation to a previous planning permission regarded as approved for purposes of paragraph 13 of Schedule 7A),

(iii) details of the planning authority under paragraph 12(1) of Schedule 7A to the 1990 Act (biodiversity gain in England), and

(iv) where development is to proceed in phases and the modifications in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply, a statement to that effect and to the effect that biodiversity gain plans are required before development may be begun and required before each phase of development may be begun;”;

(b) after paragraph (1), insert—

“(1A) References in paragraph (1)(a) to a condition do not include a condition under paragraph 13 of Schedule 7A to the 1990 Act (the biodiversity gain condition).”.

(1)

S.I. 2013/2140; relevant amending instruments are S.I. 2014/1532, 2015/797, 2016/944, 2017/571, 2018/119 and 2021/746.

(2)

S.I. 2124/48.

(3)

See article 2(1) of S.I. 2013/2140, by virtue of which “relevant application” has the same meaning as in section 62A of the Town and Country Planning Act 1990. Section 62A was inserted by section 1(1) of the Growth and Infrastructure Act 2013, and amended by section 153(1) of the Housing and Planning Act 2016 and section 110(1) and (3)(a) of the Levelling-up and Regeneration Act 2023.

(4)

The term “biodiversity metric” has the meaning given by paragraph 4 of Schedule 7A to the Town and Country Planning Act 1990. The biodiversity metric is available online at https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides and hard copies may be obtained from the Department for the Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF. The biodiversity metric may be revised and republished from time to time under paragraph 4(3) of Schedule 7A.

(5)

Paragraph 5(3) of Schedule 7A to the Town and Country Planning Act 1990 provides that a person submitting a biodiversity gain plan for approval and the planning authority may agree that the date on which the pre-development biodiversity value of the onsite habitat is to be assessed is a date earlier than the date of the application (but not a date before the day on which Schedule 7A comes into force in relation to the development).

(6)

Paragraph 6A of Schedule 7A was inserted by section 135(b) of the Levelling-up and Regeneration Act 2023.