The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026
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Change 1
2 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
In article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015(meaning of biodiversity gain hierarchy)— (a) in sub-paragraph (b) for “in relation to any onsite habitat which is adversely affected by the development” substitute “in relation to any onsite habitat which is adversely affected by major development”. (b) after sub-paragraph (b) insert— (c) in relation to any onsite habitat which is adversely affected by development which is not major development, compensating for that adverse affect by— (i) habitat enhancement of onsite habitat, creation of onsite habitat or the availability of registered offsite biodiversity gain for allocation to that development; (ii) insofar as none of the actions in sub-paragraph (i) can be done, the purchase of biodiversity credits. .
2 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
In article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015(meaning of biodiversity gain hierarchy)— (a) in sub-paragraph (b) for “in relation to any onsite habitat which is adversely affected by the development” substitute “in relation to any onsite habitat which is adversely affected by major development”. (b) after sub-paragraph (b) insert— (c) in relation to any onsite habitat which is adversely affected by development which is not major development, compensating for that adverse affect by— (i) habitat enhancement of onsite habitat, creation of onsite habitat or the availability of registered offsite biodiversity gain for allocation to that development; (ii) insofar as none of the actions in sub-paragraph (i) can be done, the purchase of biodiversity credits. .
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