Part 1 Biodiversity Gain Condition
Environment Act 2021 (2021 c 30) | Legislation

SCHEDULE 14 Biodiversity Gain as Condition of Planning Permission

Section 98

Part 1 Biodiversity Gain Condition

1

In the Town and Country Planning Act 1990, after section 90 insert—

“Biodiversity gain
90A Biodiversity gain in England

Schedule 7A (biodiversity gain in England) has effect.â€

2

In that Act, after Schedule 7 insert—

“SCHEDULE 7A
Biodiversity Gain in England
Section 90A
Part 1
Overview and Interpretation

Overview

1

(1)     This Schedule makes provision for grants of planning permission in England to be subject to a condition to secure that the biodiversity gain objective is met.

(2)     Paragraphs 2 to 12 have effect for the purposes of this Schedule.

Biodiversity gain objective

2

(1)     The biodiversity gain objective is met in relation to development for which planning permission is granted if the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least the relevant percentage.

(2)     The biodiversity value attributable to the development is the total of—

(a)     the post-development biodiversity value of the onsite habitat,

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

(c)

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