New Legislation – relating to biodiversity gain (12/02/2024) …

The following 1 new Statutory Instrument (SI) comes into force on 12/02/2024:

New Legislation:

  • February 2024: SI 2024 No. 50 - The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (pdf) (link).

Notes:

  • The above SI 2024 No. 50 includes amendments to the following SIs:
    - DMPO 2015.
    - The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013.
  • The "Explanatory Note" (link) at the end of the above SI 2024 No. 50 includes the following information:
    - "Part 3 [of SI 2024 No. 50] amends the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (S.I. 2013/2140) and Part 4 [of SI 2024 No. 50] amends the [DMPO 2015]. The amendments provide that relevant applications for planning permission must be accompanied by specified information relating to the biodiversity gain condition. The Orders are further amended to make provision for decision notices on the grant of permission to include information relevant to the biodiversity gain condition and for planning registers to include biodiversity gain plan information.".
    - "Regulation 19 [of SI 2024 No. 50] inserts a new Part 7A into [the DMPO 2015] to provide for form, timing, additional content, determination and appeals against refusal, or non-determination, of the biodiversity gain plan.".
  • Note: For more information about the amendments to the DMPO 2015, please view paragraphs 7.11-7.25 within the "Explanatory Memorandum" (link) to the above SI 2024 No. 50.
  • Note: For more information about the amendments to The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013, please view paragraphs 7.8-7.10 within the "Explanatory Memorandum" (link) to the above SI 2024 No. 50.

Other Sources of Information:

  • January 2022: [DEFRA] Consultation on Biodiversity Net Gain Regulations and Implementation (link).
  • February 2023: [DEFRA] Consultation on Biodiversity Net Gain regulations and implementation - Government response and summary of responses (link).
  • Ongoing (from February 2023 onwards): [DEFRA] Guidance - "Understanding biodiversity net gain" (link).
  • Ongoing (from November 2023 onwards): [DEFRA] Guidance - "Biodiversity net gain: what local planning authorities should do" (link).
  • January 2024: "Explanatory Memorandum" to SI 2024 No. 50 (pdf) (link).

Updates to the Planning Jungle website: