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

Overview

The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 make amendments to the Town and Country Planning Act 1990 as a consequence of provisions inserted by the Environment Act 2021. These Regulations are one of a series of new Regulations introduced that align to the commencement to parts of the Environment Act 2021, associated Regulations are linked in 'related articles'.

The Environment Act 2021 set out that, subject to exception, every application for planning permission and land development in England must submit an approved biodiversity gain plan before any development may lawfully commence. Said biodiversity gain plan should contain an assessment valuing the natural habitat before and after development is complete, ensuring that a 10% net gain is achieved. 

These Regulations:

• outline rules for the determining the local planning authority whom are responsible for the approval of a biodiversity gain plan; and
• set out circumstances wherein an earlier biodiversity gain plan was approved for development where the onsite habitat is irreplaceable.

Provisions are also made in relation to appeals and biodiversity gain plan determinations.