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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