Part 1 Principal Amendments to the Planning Act 2008

SCHEDULE 15 Biodiversity Gain in Nationally Significant Infrastructure Projects

Section 99

Part 1 Principal Amendments to the Planning Act 2008

1

The Planning Act 2008 is amended as follows.

2

In section 103 (Secretary of State is to decide applications), after subsection (1) insert—

“(1A)     Schedule 2A makes provision about biodiversity gain in relation to decisions of the Secretary of State under sections 104 and 105; and for related matters.â€

3

(1)     Section 104 (decisions in cases where national policy statement has effect) is amended as follows.

(2)     For subsection (3) substitute—

“(3)     The Secretary of State must decide the application in accordance with any relevant national policy statement.

(3A)     In particular, if a relevant national policy statement contains a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates.

(3B)     Subsections (3) and (3A) do not apply to the extent that one or more of subsections (4) to (8) applies.â€

(3)     In each

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