The Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations 2024

Town and Country Planning Act 1990

Biodiversity gain plan
Applications for planning permission in England must now be accompanied by a biodiversity gain plan. This must include information on:

• steps taken to minimise adverse effects on biodiversity;
• the biodiversity value of the site;
• the expected biodiversity value* of the site following the development; and
• whether any biodiversity credits have been purchased.

*The biodiversity value of the site is measured using the biodiversity metric.

Licences
Additional conditions may be imposed on licences in England. Organisations may now be required to:

• conserve or enhance the environment; and
• maintain this enhancement for a minimum of 30 years.

Enhancements must increase the biodiversity value of the site.

These Regulations do not apply to developments where an application was made before 12th February 2024.

Environment Act 2021

The following sections come into force on 12th February 2024.

• Section 98 (Biodiversity gain as condition of planning permission).
• Section 100 (Biodiversity gain site register).
• Section 101 (Biodiversity credits).
• Schedule 14.

Minor technical changes are made to:

• insert additional conditions for planning permission under the Town and Country Planning Act 1990; and
• allow for the introduction of biodiversity credits.

There are no changes to duties for organisations.

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