Article 37D DeterminationF1
The planning authority must give written notice to the person submitting the biodiversity gain plan of its determination whether to approve that plan within—
the period of eight weeks beginning with the day after the day on which that plan is received by the planning authority, or
such longer period as is agreed, in writing, by the person submitting that plan and the planning authority.
In determining whether to approve a biodiversity gain plan, the planning authority must take into account—
how the biodiversity gain hierarchy is to be applied, and
subject to paragraph (3), where the order of priority specified in that hierarchy is not to be applied—
the reason for that, or
the absence of a reason.
Paragraph (2) does not apply in relation to any part of the development for which planning permission is granted where the onsite habitat of that part is irreplaceable habitat.
Where the planning authority that has given written notice under paragraph (1) is not the local planning register authority, the planning authority must, within five working days beginning with the day after the day of that written notice, send to the local planning register authority—
a copy of the biodiversity gain plan submitted under paragraph 13 of Schedule 7A to the 1990 Act, including all plans, drawings and other documents submitted with the biodiversity gain plan;
notice of the determination whether to approve the biodiversity gain plan including the date of that notice and the name of the planning authority.
Where the planning authority makes a determination not to approve the biodiversity gain plan, the notice provided under paragraph (1) must state clearly and precisely their full reasons for the determination, specifying all elements of the biodiversity gain plan which are relevant to the determination.
In this article—
“the local planning register authority” has the same meaning as in article 40(1);
“working day” means a day which is not a Saturday, Sunday or public holiday.
Annotations
Textual amendments
- F1
Pt. 7A inserted (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 19