This legislation was inserted into the Act by Schedule 14 of the Environment Act 2021 and includes amendments made by the Levelling Up and Regeneration Act 2023 and the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations. The relevant primary legislation for the statutory framework for biodiversity net gain is principally set out under Section 90A and Schedule 7A (Biodiversity Gain in England) of the Town and Country Planning Act 1990. ![]() The statutory framework for biodiversity net gain also includes provisions about information requirements for planning applications and the treatment of the condition on planning decision notices. There are exemptions and transitional arrangements which disapply the condition from certain planning permissions, as well as special modifications for planning permissions for phased development and the treatment of irreplaceable habitats. The general biodiversity gain condition is a pre-commencement condition: once planning permission has been granted, a Biodiversity Gain Plan must be submitted and approved by the planning authority before commencement of the development. This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits. This objective is to deliver at least a 10% increase in relation to the pre-development biodiversity value of the development granted permission. Under the statutory framework for biodiversity net gain, every grant of planning permission is deemed to have been granted subject to a general biodiversity gain condition to secure the biodiversity gain objective. This is referred to as biodiversity net gain in Planning Practice Guidance to distinguish it from other or more general biodiversity gains. ![]() In England, biodiversity net gain is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021). About biodiversity gain What is the statutory framework for biodiversity net gain?īiodiversity net gain is a way of creating and improving biodiversity by requiring development to have a positive impact (‘net gain’) on biodiversity. This draft guidance does not include these links. The final guidance will include embedded hyperlinks to the legislation and other relevant guidance and templates, as these are not available at the time of publishing this draft guidance. This draft guidance may be subject to change. Prior to the commencement of biodiversity net gain, this guidance has been published as DRAFT guidance to enable familiarisation. ![]() This will be updated once the date is confirmed. The references to ‘’ refer to the exact date the regulations come into force and biodiversity net gain will commence. Planning Practice Guidance covering biodiversity net gain will come into force once regulations have passed through parliament.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |