OpenLegislation

Paragraph 5 F1

(1)

A biodiversity gain statement may specify for the purposes of a biodiversity gain objective—

(a)

what the pre-development biodiversity value of onsite habitat consists of, and

(b)

the date by reference to which it is calculated.

(2)

A biodiversity gain statement may in particular under sub-paragraph (1)(b) specify a different date in relation to development on land where activities on the land before the making of a development consent order application have, or have had, the result that the biodiversity value of the onsite habitat is lower than it would otherwise have been.

(3)

A biodiversity gain statement must include provision to secure that, where a development consent order application relates to land which is registered in the biodiversity gain site register, the pre-development biodiversity value of the onsite habitat includes the biodiversity value of the habitat enhancement which is, on the date specified under sub-paragraph (1)(b), recorded in the register as habitat enhancement to be achieved on the land.

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)