New Legislation – relating to biodiversity gain, including amendments to the DMPO 2015 (06/08/2026) …

The following 1 new Statutory Instrument (SI) comes into force on 06/08/2026:

New Legislation:

  • SI 2026 No. 790 - The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 (pdf) (link).

Notes:

  • The above SI 2026 No. 790 makes amendments to the following SIs:
    - The Biodiversity Gain Requirements (Exemptions) Regulations 2024.
    - The DMPO 2015.
  • The "Explanatory Note" (link) at the end of the above SI 2026 No. 790 includes the following information:
    - "Part 2 of these Regulations [SI 2026 No. 790] amends Part 7A of the [DMPO 2015], which makes provision about the form, timing, additional content, determination and appeals against refusal, or non-determination, of biodiversity gain plans.".
    - "Regulation 2 [of SI 2026 No. 790] amends article 37A of the [DMPO 2015]. This modifies the biodiversity gain hierarchy so that, for development which is not major development, the creation of onsite habitat, enhancement of onsite habitat and the use of registered offsite gains are at the same level of preference, with the purchase of biodiversity credits remaining a last-resort option.".
    - "Part 3 of these Regulations [SI 2026 No. 790] modifies [The Biodiversity Gain Requirements (Exemptions) Regulations 2024] which exempt certain developments from meeting the biodiversity gain requirement that would otherwise be imposed as a general condition of planning permission.".
    - "Regulation 3 [of SI 2026 No. 790] introduces two new exemptions. The first applies to development no larger than 0.2 hectares. The second applies to temporary development permitted for a period of five years or less. Both exemptions are subject to exceptions. It also removes the existing exemption for certain self-build and custom build development.".
    - "Part 4 makes transitional and saving provision. It provides that article 37A of the [DMPO 2015] and regulation 8 of [The Biodiversity Gain Requirements (Exemptions) Regulations 2024] continue to apply, notwithstanding their amendment, in certain cases.".

Other Sources of Information:

  • May 2025: [DEFRA] Improving the implementation of Biodiversity Net Gain for minor, medium and brownfield development - Consultation document (pdf) (link) (link).
    - Note: For more information about the above document, please view this post.
  • April 2026: [DEFRA] Improving the implementation of Biodiversity Net Gain for minor, medium and brownfield development - Government response and summary of responses (link) (pdf print version of HTML webpage).
    - Note: For more information about the above document, please view this post.
  • July 2026: "Explanatory Memorandum" to SI 2026 No. 790 (pdf) (link).
  • 21 July 2026: Letter from MHCLG to Chief Planning Officers about planning committees, biodiversity net gain, and planning fees (pdf) (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).
  • Ongoing (from February 2024 onwards): MHCLG Guidance - "Biodiversity net gain" (link).

Updates to the Planning Jungle website: