Paragraph 10 Development not covered by a national policy statementF1

(1)

This paragraph applies where, at the time this Schedule comes into force or any subsequent time, no national policy statement sets out policy in respect of a description of development to which this Schedule applies.

(2)

The Secretary of State may issue a biodiversity gain statement in relation to that description of development.

(3)

Before issuing a biodiversity gain statement under sub-paragraph (2) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(4)

The Secretary of State must keep a statement issued under sub-paragraph (2) under review and may amend or revoke it at any time.

(5)

The Secretary of State must—

(a)

lay a statement issued under sub-paragraph (2) before Parliament, and

(b)

publish it in such manner as the Secretary of State considers appropriate.

(6)

References in sub-paragraphs (3) to (5) to statements issued under sub-paragraph (2) include amended versions of such statements.

(7)

If after a statement is issued under sub-paragraph (2) a national policy statement relating to the description of development is designated under section 5, the Secretary of State must—

(a)

include a biodiversity gain statement in relation to that description of development in the national policy statement, and

(b)

revoke the statement issued under sub-paragraph (2).

Annotations

Textual amendments

F1: Sch. 2A inserted (7.5.2026) by Environment Act 2021 (c. 30), s. 147(3), Sch. 15 para. 5 (with s. 144); S.I. 2026/492, reg. 2(b)