These Regulations define “irreplaceable habitat” and provide for a specific discipline for habitat falling within the definition, for the purposes of Schedule 7A of the Town and Country Planning Act 1990; Schedule 7A makes provision for grants of planning permission in England to be subject to a condition to secure that a biodiversity gain objective is met. Regulation 3 (b) requires that alternative arrangements must be made for the purpose of minimising the adverse effect of the development on the biodiversity of the onsite habitat where that habitat is deemed irreplaceable. Arrangements are appropriate only if they secure that there is a compensation plan in place that secures appropriate compensation relative to the baseline habitat type, and which does not include the use of biodiversity credits. The modifications in this instrument do not apply in respect of a phased development.
United Kingdom of Great Britain and Northern Ireland · 2024-01-17