Chapter 4: Grant and Implementation of Planning Permission Chapter 6: Other Provision Section 135: Biodiversity net gain: pre-development biodiversity value and habitat enhancement Effect
Paragraph 6A of Schedule 7A closes a potential loophole whereby a site could be cleared under an existing planning permission and then a new planning permission applied for with the cleared site as its baseline. Where that happens, the baseline is taken to be the habitat before the clearance occurred.
	Paragraph 6B requires that, in cases where a site has been cleared and there is doubt about the habitats that were on the site before the clearance occurred, a precautionary approach is taken. This means the site is assumed to have been the highest biodiversity value habitats which are reasonably supported by evidence.
	Paragraph 10(1A) to (1D) remove any incentive to reduce biodiversity on prospective biodiversity gain sites prior to establishing the baseline.
	Subparagraph (1A) provides that the biodiversity value of habitat enhancements on gain sites is the difference in value between the baseline habitat and the proposed habitat.
	Subparagraph (1B) introduces the term relevant date which is the date when the baseline is set. The habitat on the site on that date is taken to be the baseline or ‘pre-enhancement biodiversity value’.
	Subparagraph (1C) defines when the relevant date is.
	Subparagraph (1D) changes the relevant date from that in (1C) to a date immediately before any activity which lowered the biodiversity value, such as habitat clearance. Except where that activity was done in accordance with planning permission or other permission types specified by the Secretary of State.