Schedule 14, Part 2, paragraph 3(5)

In section 73 (determination of applications to develop land after non-compliance), after subsection (2A) insert— Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition). Subsection (2D) applies where— for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”), planning permission is granted under this section, and the conditions subject to which the planning permission is granted under this section do not affect the post-development biodiversity value of the onsite habitat as specified in the earlier biodiversity gain plan. Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.

← 4 · All articles · 6 →

Source: legislation.gov.uk · retrieved 2026-07-30