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

Synopsis

These regulations brought outstanding sections of the Environment Act 2021 that concern Biodiversity Net Gain (BNG) requirements on planning into force in England. 

Summary

The Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations 2024 will bring outstanding sections of the Environment Act 2021 concerning Biodiversity Net Gain (BNG) requirements on planning into force on 12 February 2024.

This legislation and the wider BNG regime will apply in England only.

What will change?

The sections brought into force enable the introduction of BNG requirements on most developments requiring planning permission in England. Regulations have been made under these powers to implement the BNG regime.

BNG requirements will apply on non-exempt planning applications submitted on or after 12 February 2024.

Background

New developments will be required to enhance biodiversity. BNG requirements will apply to small sites from 2 April 2024.

The BNG principle will be enforced via conditions on planning permission. This condition will only allow development to commence once a biodiversity gain plan has been submitted to and accepted by the planning authority.

Biodiversity gain plans must set out actions to be taken to enhance onsite habitats and/or registered offsite biodiversity gains attached to the development. The post-development biodiversity value associated with the development must exceed the pre-development value by at least 10%.

 

 

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