The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024
Overview
The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 mark a significant step forward in environmental conservation within the United Kingdom. These regulations stem from the powers granted by the Environment Act 2021, reflecting a concerted effort by the government to enhance biodiversity protection in the planning process.
The Regulations introduce amendments to the Town and Country Planning Act 1990, specifically addressing biodiversity gain in England. They mandate that every planning permission for land development in England is subject to a new general condition requiring the submission and approval of a biodiversity gain plan before development can commence lawfully. This plan must demonstrate a net gain of at least 10% in biodiversity between pre-development and post-development states.
The key requirements of these Regulations include:
- Biodiversity Gain Plan Submission: Prior to commencing development, applicants must submit a biodiversity gain plan outlining assessments of natural habitat values before and after development.
- Net Gain Obligation: Developers are obligated to ensure a net gain of at least 10% in biodiversity between the pre-development and post-development stages.
- Local Planning Authority Determination: The regulations provide guidelines for determining the local planning authority responsible for overseeing biodiversity gain plans.
- Impact Assessment: Conditions attached to planning permission must not adversely affect the post-development value of onsite habitats, particularly irreplaceable habitats.
The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 came into force on the 12th of February 2024 and apply to the United Kingdom.
Do the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 affect my business?
The Biodiversity Gain Regulations introduce both challenges and opportunities for businesses involved in land development and construction:
- Compliance Costs: Businesses may face increased costs associated with biodiversity assessments, planning, and implementation of mitigation measures.
- Innovation Opportunities: The regulations incentivise businesses to adopt innovative approaches to development that minimise environmental impact and maximise biodiversity gains.
- Market Differentiation: Companies that demonstrate a commitment to biodiversity conservation may gain a competitive advantage in the market, attracting environmentally conscious consumers and investors.
- Regulatory Compliance: Businesses must ensure compliance with the new regulations to avoid potential penalties and delays in project approvals.
While posing challenges to businesses, they also present opportunities for innovation and market differentiation. Adhering to these regulations not only ensures environmental sustainability but also positions businesses as responsible stewards of the natural world.
Do I need the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 in my ISO Compliance Register?
You will need the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 in your ISO Compliance Register if your business is categorised below:
- Property Developers: Those involved in land development projects must incorporate biodiversity gain plans into their planning and development processes.
- Construction Companies: Construction firms must adhere to biodiversity requirements during the implementation phase of development projects.
- Consultancy Firms: Environmental consultants specialising in biodiversity assessments and mitigation measures may experience increased demand for their services.
- Real Estate Agencies: Businesses engaged in property transactions must consider biodiversity obligations when marketing and selling developed land.
Legislation related to the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024
Legislation related to the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 include:
- Town and Country Planning Act 1990
- The Environmental Targets (Biodiversity) (England) Regulations 2023
- The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024
- The Biodiversity Gain Requirements (Exemptions) Regulations 2024
- The Biodiversity Gain Site Register Regulations 2024
- The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024
More information
Visit the Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2024 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
