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Paragraph 20 Modifications for particular kinds of planning permissionF1

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

(1)

The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to development for which—

(a)

planning permission is granted under section 73A (planning permission for development already carried out), or

(b)

planning permission is granted by an order under section 102 (orders requiring discontinuance of use etc).

(2)

Regulations under this paragraph may in particular include provision—

(a)

for paragraph 13 not to apply in relation to the grant of planning permission referred to in sub-paragraph (1)(a) or (b);

(b)

for the grant of any such planning permission to be subject to other conditions relating to meeting the biodiversity gain objective.

(3)

The conditions referred to in sub-paragraph (2)(b) may include conditions requiring—

(a)

habitat enhancement on the land to which the planning permission relates;

(b)

the allocation of registered offsite biodiversity gain to any development for which the planning permission is granted;

(c)

the purchase of biodiversity credits for any such development.

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