Regulation 7A Development no larger than 0.2 hectaresF1

(1)

The biodiversity gain planning condition does not apply in relation to planning permission^f1 for development which meets the first and second conditions.

(2)

The first condition is that the development does not impact an onsite priority habitat.

(3)

The second condition is that the development is carried out on a site which has an area no larger than 0.2 hectares.

(4)

The exemption in paragraph (1) does not apply in relation to planning permission where the application for planning permission was made before 6th August 2026.

(5)

The exemption in paragraph (1) does not apply in relation to a section 73 planning permission where—

(a)

the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or

(b)

the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026.

(6)

In this regulation—

(a)

“original planning permission to which the section 73 planning permission relates” has the same meaning as in regulation 3;

(b)

“priority habitat” has the same meaning as in regulation 4^f2;

(c)

“section 73 planning permission” has the same meaning as in regulation 3;

(d)

a habitat is impacted where the habitat is lost or degraded such that there is a decrease in the biodiversity value^f3 of that habitat.

Annotations

Textual amendments

F1: Regs. 7A, 7B inserted (6.8.2026) by The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 (S.I. 2026/790), regs. 1(2), 3(a)

Footnotes

f1: 2006 c. 16; see the list published at https://www.gov.uk/government/publications/habitats-and-species-of-principal-importance-in-england. A hard copy of the list is available from the DEFRA Helpline address given at the end of the explanatory note below.
f2: See paragraph 4 of Schedule 7A to the Town and Country Panning Act 1990.
f3: 2013 c. 31.