Citation and interpretation

1. —(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations 2024.

(2) In these Regulations—

“ the Act ” means the Environment Act 2021;

“ the 1990 Act ” means the Town and Country Planning Act 1990( 2 );

“ biodiversity gain planning condition ” means the condition referred to in paragraph 13 (general condition of planning permission) of Schedule 7A to the 1990 Act.

Provisions coming into force on 12th February 2024

2. —(1) The following provisions of the Act come into force on 12th February 2024—

(a) section 98 (biodiversity gain as condition of planning permission) in so far as it relates to the provisions commenced by sub-paragraph (d) of this paragraph;

(b) section 100 (biodiversity gain site register), for all remaining purposes;

(c) section 101 (biodiversity credits);

(d) paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission) in so far as they insert the following provisions of Schedule 7A into the 1990 Act, for the purposes mentioned in paragraph (2) of this regulation—

(i) paragraphs 1 and 2;

(ii) paragraphs 5 to 11;

(iii) paragraph 12(1), except paragraph (a) in the definition of “planning authority”;

(iv) paragraph 12(3);

(v) paragraphs 13 to 21;

(e) paragraph 3 of Schedule 14 (biodiversity gain as condition of planning permission: consequential amendments).

(2) The purposes referred to in paragraph (1)(d) of this regulation relate to planning permission granted on an application made under Part 3 of the 1990 Act, other than planning permission relating to development to which section 73A of the 1990 Act (planning permission for development already carried out)( 3 ) applies.

Transitional provision: planning permission applied for before 12th February 2024

3. The biodiversity gain planning condition does not apply in relation to a planning permission within the scope of regulation 2(2) of these Regulations, where the application for planning permission was made before 12th February 2024.

Transitional provision: section 73 planning permissions

4. —(1) The biodiversity gain planning condition does not apply in relation to a section 73 planning permission where—

(a) the original planning permission to which the section 73 planning permission relates was granted before 12th February 2024; or

(b) the application for the original planning permission to which the section 73 planning permission relates was made before 12th February 2024.

(2) For the purposes of this regulation—

(a) “ section 73 planning permission ” means a planning permission granted on an application made under section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached);

(b) “ the original planning permission to which the section 73 planning permission relates ” means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.