{
  "url": "https://openlegislation.uk/planning-act-2008/schedule-2A/paragraph-9",
  "json_url": "https://openlegislation.uk/planning-act-2008/schedule-2A/paragraph-9.json",
  "legislation": "ukpga/2008/29",
  "legislation_title": "Planning Act 2008",
  "legislation_url": "https://openlegislation.uk/planning-act-2008",
  "path": "schedule/2A/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Development covered by an existing national policy statement",
  "text": "(1) This paragraph applies where, at the time this Schedule comes into force, an existing national policy statement sets out policy in respect of a description of development to which this Schedule applies.\n(2) On the first review of the existing national policy statement under section 6 after the coming into force of this Schedule, the Secretary of State must amend the statement under section 6(5)(a) so as to include a biodiversity gain statement for development of that description.\n(3) The Secretary of State may issue a separate biodiversity gain statement (a “separate biodiversity gain statement”) having effect for any period before that for which the statement included in the existing national policy statement under sub-paragraph (2) has effect.\n(4) Before issuing a separate biodiversity gain statement the Secretary of State must consult such persons as the Secretary of State considers appropriate.\n(5) The Secretary of State must keep a separate biodiversity gain statement under review and may amend it at any time.\n(6) The Secretary of State must—\n(a) lay a separate biodiversity gain statement before Parliament, and\n(b) publish it in such manner as the Secretary of State considers appropriate.\n(7) A separate biodiversity gain statement is for the purposes of section 104(2) to (9) to be regarded as contained in the existing national policy statement.\n(8) If it appears to the Secretary of State that the existing national policy statement is inconsistent with a separate biodiversity gain statement, the Secretary of State may amend the existing national policy statement in such manner as seems appropriate to the Secretary of State to remove the inconsistency.\n(9) Where the existing national policy statement is amended pursuant to sub-paragraph (2) to include a biodiversity gain statement in relation to any description of development, a separate biodiversity gain statement relating to development of that description must be revoked as from the beginning of the period for which the new statement has effect.\n(10) If the existing national policy statement’s designation as a national policy statement is withdrawn in relation to any description of development, any separate biodiversity gain statement relating to development of that description has effect as if it were a biodiversity gain statement issued under paragraph 10(2).\n(11) References in sub-paragraphs (4) to (10) to separate biodiversity gain statements include amended versions of such statements.\n(12) For the purposes of this Schedule, “existing national policy statement” means a national policy statement which is designated under section 5 before the coming into force of this Schedule.\n(13) For the purposes of sub-paragraph (2), an existing national policy statement is only reviewed under section 6 after the coming into force of this Schedule if the review begins after that time.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/29/schedule/2A/paragraph/9",
    "retrieved_at": "2026-10-29T09:11:38.131823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}