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

Modification of paragraph 15 (approval of biodiversity gain plan)

8.  For the purposes of paragraph 13(5)(a) (phase plan) as modified by regulation 4, paragraph 15 applies as if—

(a) in the heading, for “biodiversity gain” there were substituted “phase”;

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

“(1) For the purposes of paragraph 13(5)(a) (phase plan), a planning authority to which a biodiversity gain plan is submitted must approve the plan if, and only if, it is satisfied as to the matters specified in sub-paragraph (2).”;

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

“(a) that the post-development biodiversity value of the onsite habitat for the phase of the development to which the biodiversity gain plan relates is at least the value specified in the plan required under regulation 13(5)(a) (phase plan),

(b) that the post-development biodiversity value of the onsite habitat for any phase which has been begun is at least the value specified in the biodiversity gain plan most recently approved for that phase, unless in a section 73 case the conditions subject to which planning permission has been granted under section 73 affect the post-development biodiversity value of the onsite habitat as specified in that biodiversity gain plan,

(c) subject to sub-paragraph (3), in a case where any registered offsite biodiversity gain is specified in the biodiversity gain plan as having been allocated to the development before the date of submission of that plan, that—

(i) the registered offsite biodiversity gain is so allocated, and

(ii) the biodiversity value of that gain in relation to the development is as specified in the biodiversity gain plan,

(d) subject to sub-paragraph (3), that any biodiversity credits specified in the biodiversity gain plan as having been purchased for the development before the date of submission of that plan have been so purchased,

(e) where the onsite habitat of a part of the development to which the biodiversity gain plan for the phase relates is irreplaceable habitat, that, having regard to the biodiversity gain plan for the overall development, the adverse effect of the development on the biodiversity of the onsite habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact,

(ea) that the biodiversity gain objective will be met for the development, taking into account—

(i) the post-development biodiversity value of the onsite habitat for the overall development,

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

(iii) the biodiversity value in relation to the development of any registered offsite biodiversity gain allocated and proposed to be allocated to the development, and

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

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

“(3) Where the onsite habitat of any part of the phase of development is irreplaceable habitat, sub-paragraph (2)(c) and (d) do not apply in relation to that part of the phase of development.

(4) For the purposes of sub-paragraph (2)(e), arrangements are appropriate only if they secure that there is a compensation plan in place that secures appropriate compensation relative to the baseline habitat type, and which does not include the use of biodiversity credits.”.