# Planning Act 2008, Paragraph 5


(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.

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Source: https://www.legislation.gov.uk/ukpga/2008/29/schedule/2A/paragraph/5 (the official version)
Page: https://openlegislation.uk/planning-act-2008/schedule-2A/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.