We now have 6 Statutory Instruments, 4 in draft and 2 to go to parliament today.

The Biodiversity Gain Site Register Regulations 2023
The Biodiversity Gain Requirements (Exemptions) Regulations 2023
The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2023
The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024

The two to be laid before Parliament today are:

– The Biodiversity Gain (Town and Country Planning) (Consequential Amendments) Regulations 2023
– The Biodiversity Gain Site Register (Financial Penalties and Fees) Regulations 2023

NRS Saredon Aggregates Ltd v Secretary of State [2023] EWHC 2795 (Admin) (16.11.23) in certain LPAs now questions the ability to require a condition of BNG for planning applications made before the SIs now published are enacted in January.

https://defralanduse.blog.gov.uk/2023/11/29/the-biodiversity-net-gain-statutory-instruments-explained/

Hugh Townsend

Hugh Townsend
FRICS. FCIArb. FAAV.

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