The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026
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Change 1
4 Transitional and Saving Provision
(1) Article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015 continues to have effect as if it had not been amended by regulation 2 for the purpose of a biodiversity gain plan which relates to— (a) planning permission where the application for planning permission was made before 6th August 2026; or (b) a section 73 planning permission where the application for planning permission was made on or after 6th August 2026 and where— (i) the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or (ii) the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026. (2) Notwithstanding the amendment made by regulation 3(b), regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 continues to have effect, in relation to planning permission, in any case where the application for the planning permission was made before 6th August 2026. (3) The biodiversity gain planning condition does not apply in relation to a section 73 planning permission where— (a) the application for planning permission was made on or after 6th August 2026; and (b) the biodiversity gain planning condition did not apply to the original planning permission to which the section 73 planning permission relates by virtue of the exemption in regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 as that regulation had effect immediately before the amendment made by regulation 3(b). (4) In this regulation— “biodiversity gain planning condition” means the condition referred to in paragraph 13 (general condition of planning permission) of Schedule 7A to the Town and Country Planning Act 1990; “original planning permission to which the section 73 planning permission relates” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions; “section 73 planning permission” means planning permission granted on an application made under section 73 of the Town and Country Planning Act 1990 (determination of applications to develop land without compliance with conditions previously attached).
4 Transitional and Saving Provision
(1) Article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015 continues to have effect as if it had not been amended by regulation 2 for the purpose of a biodiversity gain plan which relates to— (a) planning permission where the application for planning permission was made before 6th August 2026; or (b) a section 73 planning permission where the application for planning permission was made on or after 6th August 2026 and where— (i) the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or (ii) the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026. (2) Notwithstanding the amendment made by regulation 3(b), regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 continues to have effect, in relation to planning permission, in any case where the application for the planning permission was made before 6th August 2026. (3) The biodiversity gain planning condition does not apply in relation to a section 73 planning permission where— (a) the application for planning permission was made on or after 6th August 2026; and (b) the biodiversity gain planning condition did not apply to the original planning permission to which the section 73 planning permission relates by virtue of the exemption in regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 as that regulation had effect immediately before the amendment made by regulation 3(b). (4) In this regulation— “biodiversity gain planning condition” means the condition referred to in paragraph 13 (general condition of planning permission) of Schedule 7A to the Town and Country Planning Act 1990; “original planning permission to which the section 73 planning permission relates” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions; “section 73 planning permission” means planning permission granted on an application made under section 73 of the Town and Country Planning Act 1990 (determination of applications to develop land without compliance with conditions previously attached).
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