# Planning Act 2008, Paragraph 10: Development not covered by a national policy statement


(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).

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Source: https://www.legislation.gov.uk/ukpga/2008/29/schedule/2A/paragraph/10 (the official version)
Page: https://openlegislation.uk/planning-act-2008/schedule-2A/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.