The Nature Restoration Levy Regulations 2026
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Change 1
Schedule Grounds for cancellation of commitment to pay
Regulation 21 Interpretation 1 (1) In this Schedule, any reference to— (a) planning permission includes a general consent; (b) the grant of planning permission includes the grant of— (i) permission under a general consent; (ii) approval for a relevant development which is subject to prior approval; (c) the refusal of planning permission includes the refusal of approval for a relevant development which is subject to prior approval; (d) an application for planning permission includes an application for approval for a relevant development which is subject to prior approval. (2) In this Schedule, “the relevant EDP” means the EDP under which the request to pay was accepted. Ground 1 (expiry of commitment) 2 (1) One or more of the following apply— (a) if the relevant development is to be authorised by planning permission, an application for planning permission is not made before the end of the relevant period; (b) if the relevant development— (i) began before Natural England accepted the request to pay, and (ii) requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation would apply, an application for at least one such consent, permission or other authorisation, including by way of a modification or variation of an existing consent, permission or other authorisation, is not made before the end of the relevant period. (2) In this paragraph, “the relevant period” means the period of 6 months beginning with the day on which the request to pay was accepted by Natural England. Ground 2 (revocation of EDP) 3 The relevant development is to be authorised by planning permission and— (a) no such application has been decided, (b) no such application is outstanding, and (c) the relevant EDP has been revoked. Ground 3 (planning permission refused) 4 The relevant development is to be authorised by planning permission and— (a) an application for planning permission for the relevant development has been refused, (b) no such application has been granted, and (c) one or more of the following apply— (i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought; (ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed; (iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal. Ground 4 (other consent, permission or authorisation refused) 5 The relevant development began before Natural England accepted the request to pay and— (a) the relevant development requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation applies, (b) the first application for such consent, permission or other authorisation has been refused, (c) no such application has been granted, and (d) one or more of the following apply— (i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought; (ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed; (iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal. Ground 5 (planning permission cancelled) 6 The only planning permission for the relevant development is— (a) revoked, (b) reversed on appeal, or (c) quashed by a court. Ground 6 (planning permission expired) 7 The only planning permission for the relevant development ceases to have effect— (a) because the development is not begun within any period required by a condition of development, (b) because a step required to be taken by a condition of development within a specified period is not taken, or (c) under section 93J of the TCPA 1990 (effect of completion notices). Ground 7 (change in development) 8 (1) The relevant development is to be authorised by planning permission and— (a) no such application has been decided, (b) no such application is outstanding, and (c) subject to sub-paragraph (2), one or more of the following apply— (i) the committed developer no longer wants to be committed to pay the levy for the relevant development; (ii) no developer intends to proceed with the relevant development as described in the request to pay; (iii) a developer intends to make, or has made, a request to pay for the same relevant development under a different EDP than the relevant EDP. (2) Sub-paragraph (1)(c)(i) and (iii) do not apply where the relevant EDP provides that payment of the levy is mandatory for the relevant development under section 72 (5) of the 2025 Act.
Schedule Grounds for cancellation of commitment to pay
Regulation 21 Interpretation 1 (1) In this Schedule, any reference to— (a) planning permission includes a general consent; (b) the grant of planning permission includes the grant of— (i) permission under a general consent; (ii) approval for a relevant development which is subject to prior approval; (c) the refusal of planning permission includes the refusal of approval for a relevant development which is subject to prior approval; (d) an application for planning permission includes an application for approval for a relevant development which is subject to prior approval. (2) In this Schedule, “the relevant EDP” means the EDP under which the request to pay was accepted. Ground 1 (expiry of commitment) 2 (1) One or more of the following apply— (a) if the relevant development is to be authorised by planning permission, an application for planning permission is not made before the end of the relevant period; (b) if the relevant development— (i) began before Natural England accepted the request to pay, and (ii) requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation would apply, an application for at least one such consent, permission or other authorisation, including by way of a modification or variation of an existing consent, permission or other authorisation, is not made before the end of the relevant period. (2) In this paragraph, “the relevant period” means the period of 6 months beginning with the day on which the request to pay was accepted by Natural England. Ground 2 (revocation of EDP) 3 The relevant development is to be authorised by planning permission and— (a) no such application has been decided, (b) no such application is outstanding, and (c) the relevant EDP has been revoked. Ground 3 (planning permission refused) 4 The relevant development is to be authorised by planning permission and— (a) an application for planning permission for the relevant development has been refused, (b) no such application has been granted, and (c) one or more of the following apply— (i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought; (ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed; (iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal. Ground 4 (other consent, permission or authorisation refused) 5 The relevant development began before Natural England accepted the request to pay and— (a) the relevant development requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation applies, (b) the first application for such consent, permission or other authorisation has been refused, (c) no such application has been granted, and (d) one or more of the following apply— (i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought; (ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed; (iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal. Ground 5 (planning permission cancelled) 6 The only planning permission for the relevant development is— (a) revoked, (b) reversed on appeal, or (c) quashed by a court. Ground 6 (planning permission expired) 7 The only planning permission for the relevant development ceases to have effect— (a) because the development is not begun within any period required by a condition of development, (b) because a step required to be taken by a condition of development within a specified period is not taken, or (c) under section 93J of the TCPA 1990 (effect of completion notices). Ground 7 (change in development) 8 (1) The relevant development is to be authorised by planning permission and— (a) no such application has been decided, (b) no such application is outstanding, and (c) subject to sub-paragraph (2), one or more of the following apply— (i) the committed developer no longer wants to be committed to pay the levy for the relevant development; (ii) no developer intends to proceed with the relevant development as described in the request to pay; (iii) a developer intends to make, or has made, a request to pay for the same relevant development under a different EDP than the relevant EDP. (2) Sub-paragraph (1)(c)(i) and (iii) do not apply where the relevant EDP provides that payment of the levy is mandatory for the relevant development under section 72 (5) of the 2025 Act.
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