Regulation 2 InterpretationI1

In these Regulations—

• F1“ biodiversity gain site” means land where—

  1. (a)

     a person is required under a conservation covenant^f1 or planning obligation to carry out works for the purpose of habitat enhancement;

  2. (b)

     that or another person is required to maintain the enhancement for at least 30 years after the completion of those works; and

  3. (c)

     for the purposes of Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008 the enhancement is made available to be allocated (conditionally or unconditionally, and whether for consideration or otherwise) in accordance with the terms of the covenant or obligation to one or more developments for which planning permission or development consent is granted;

• “the biodiversity gain site register” has the meaning given by regulation 3(3);

• F2“development” means—

  1. (a)

     in relation to cases involving planning permission, development within the meaning of section 55 of the Town and Country Planning Act 1990, and

  2. (b)

     in relation to cases involving development consent, development within the meaning of section 32 of the Planning Act 2008.

• “development consent” has the meaning given in section 31 of the Planning Act 2008;

• “notice” means notice in writing (and see Part 11 for further provision about giving notice under these Regulations);

• “the register operator” has the meaning given in regulation 3(3);

• a “section 106 agreement” means an instrument under section 106(9) of the Town and Country Planning Act 1990 (instrument by which a planning obligation is entered into by agreement or otherwise)^f2.

A reference in these Regulations to a planning obligation in a section 106 agreement is a reference to a planning obligation entered into by that section 106 agreement.