The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024.

The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 amend the Town and Country Planning Act 1990 and related statutory instruments to support the implementation of biodiversity net gain (BNG) requirements introduced by the Environment Act 2021. They modify the application of Schedule 7A of the 1990 Act to accommodate phased developments, allowing biodiversity gain conditions to be applied to each phase of a development separately. The regulations require that planning permissions are subject to a biodiversity gain condition, which mandates a minimum 10% increase in biodiversity value compared to the pre-development state. This gain can be achieved through onsite improvements, registered offsite biodiversity enhancements, or statutory biodiversity credits. The biodiversity gain condition is treated as a pre-commencement requirement, meaning that development cannot begin until a biodiversity gain plan is submitted and approved by the planning authority. The regulations also include provisions for exemptions, transitional arrangements, and the treatment of irreplaceable habitats. Amendments are made to existing planning procedures to ensure consistency with the biodiversity net gain framework.