Paragraph 6 F1

(1)

A biodiversity gain statement may specify for the purposes of a biodiversity gain objective what the biodiversity value attributable to any development consists of.

(2)

In particular, a biodiversity gain statement may specify any of the following as included in the biodiversity value attributable to any development—

(a)

the post-development biodiversity value of the onsite habitat,

(b)

the biodiversity value of any offsite biodiversity gain allocated to the development (which may be registered offsite biodiversity gain), and

(c)

the biodiversity value of any biodiversity credits purchased for the development.

(3)

If pursuant to sub-paragraph (2)(a) a biodiversity gain statement specifies the post-development biodiversity value of the onsite habitat, the statement must specify what that value consists of.

(4)

If pursuant to sub-paragraph (2)(b) a biodiversity gain statement specifies the biodiversity value of any offsite biodiversity gain allocated to the development, other than registered offsite biodiversity gain, the statement must specify—

(a)

what offsite biodiversity gain consists of, and

(b)

how the allocation of offsite biodiversity gain is to be recorded.

(5)

Provision under sub-paragraph (3) or (4) must include provision to secure that, where works are carried out for the purposes of any development that increase the biodiversity value of onsite or offsite habitat by an amount that is significant in relation to its previous biodiversity value, the increase is to be taken into account only if—

(a)

any habitat enhancement resulting from the works is maintained for a period specified in the statement, and

(b)

the maintenance of that habitat enhancement is secured in a way specified in the statement (for example, through conservation covenants or requirements imposed by a development consent order).

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)