Regulation 7 Biodiversity gain siteI1

The biodiversity gain planning condition does not apply in relation to planning permission for development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the biodiversity gain planning condition which applies in relation to another development.

In determining whether a development is undertaken solely or mainly for the purpose specified in paragraph (1), no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee.