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Paragraph 6A Pre-development biodiversity valueF1F2

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

If—

(a)

a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),

(b)

on the relevant date, development for which that other planning permission was granted—

(i)

has not been begun, or

(ii)

has been begun but has not been completed, and

(c)

as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,

the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.

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)

F2

Sch. 7A paras. 6A, 6B inserted (12.2.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 135(b), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 3