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Paragraph 16 Regulations about determinationsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The Secretary of State may make regulations as to—

(a)

the procedure which a planning authority is to follow in determining whether to approve a biodiversity gain plan (including the time by which a determination must be made);

(b)

factors which may or must be taken into account in making such a determination;

(c)

appeals relating to such a determination.

Annotations

Textual amendments

F1

Sch. 7A inserted (3.11.2023 for specified purposes, 12.2.2024 for specified purposes, 1.5.2025 for specified purposes) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 2 (with s. 144); S.I. 2023/1170, reg. 2(d); S.I. 2024/44, reg. 2(1)(d)(2) (with regs. 3, 4); S.I. 2025/447, reg. 2(1)(b)(2)

Notes on Part 2

Modifications

C1

Sch. 7A Pt. 2 applied (with modifications) (12.2.2024) by The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024 (S.I. 2024/48), regs. 1(1), 3 (with reg. 4)

C2

Sch. 7A Pt. 2 applied (with modifications) (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 3-8