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

Modification of paragraph 14 (biodiversity gain plan)

6.  For the purposes of paragraph 13(5)(a) (phase plan) as modified by regulation 4, paragraph 14 applies as if—

(a) in the heading, at the end there were inserted “: phase plan”;

(b) for sub-paragraph (1) there were substituted—

“(1) For the purposes of paragraph 13(5)(a) (phase plan), a biodiversity gain plan is a plan which—

(a) relates to a phase of the development, where planning permission of the type mentioned in paragraph 19(1)(a) or (b) is granted for the development, and

(b) subject to sub-paragraph (2A), specifies the matters referred to in sub-paragraph (2).”;

(c) in sub-paragraph (2), for paragraphs (a) to (e) there were substituted—

“(a) the post-development biodiversity value of the onsite habitat for the phase of the development to which the biodiversity gain plan relates,

(b) the post-development biodiversity value of the onsite habitat for each other phase of development (whether begun or otherwise),

(c) any registered offsite biodiversity gain allocated to the development before the date of submission of the biodiversity gain plan and the biodiversity value of that gain in relation to the development,

(d) any registered offsite biodiversity gain which is proposed to be allocated to the development and the biodiversity value of that gain in relation to the development,

(e) any biodiversity credits purchased for the development before the date of submission of the biodiversity gain plan,

(ea) any biodiversity credits proposed to be purchased for the development, and”;

(d) after sub-paragraph (2) there were inserted—

“(2A) Where the onsite habitat of any part of a development is irreplaceable habitat, sub-paragraph (2)(c) to (ea) does not apply in relation to that part of the development.”.