Schedule 14: Biodiversity gain as condition of planning permission Part 1: Biodiversity gain condition Part 2: Condition of planning permission relating to biodiversity gain
Paragraph 13 sets out and applies the general condition to all planning permissions granted for development in England, subject to exceptions in paragraphs 17 and 18 and further application beyond the standard definition of planning permission in paragraph 19.
	Paragraph 13 contains the wording of the general condition itself, which requires that a developer wishing to commence a development approved by planning permission will first need to submit a biodiversity gain plan to the planning authority, as defined in paragraph 12, and obtain the planning authority’s approval of this plan.
	Paragraph 14 establishes what information a biodiversity gain plan must include to satisfy the general condition. A biodiversity gain plan must specify all the information necessary for a planning authority to be able to approve the plan under paragraph 15. This includes information about the biodiversity value of habitats before and after development and steps taken to minimise harm to habitats during development.
	The Secretary of State may specify other matters to be included in the plan under sub-paragraph (2)(f). Sub-paragraph (3) provides for the Secretary of State to specify the procedure which must be followed when submitting a gain plan.
	Paragraph 15 requires planning authorities to approve a biodiversity gain plan if, and only if, key information in the biodiversity gain plan is accurate and the biodiversity gain objective is met. Authorities need to be satisfied with the information provided, including the value of onsite and offsite habitat gains and losses associated with the development. If the authority decides they are not satisfied, development would not be able to proceed lawfully unless the developer successfully appeals this decision.
	Paragraph 16 gives the Secretary of State the power to specify procedures to follow and factors to be taken into account when approving a biodiversity gain plan, and in relation to appeals against decisions.
	Paragraph 17 exempts all development granted planning permission by the Secretary of State using a development order, or under provisions for urgent Crown development, from the application of the general condition. This includes development granted permission by the General Permitted Development Order, which allows various types of development to proceed without requiring a planning application. Paragraph 17 also gives the Secretary of State the power to exempt development from the requirement to apply the general condition.
	A net gain in biodiversity cannot be achieved on areas of development which result in the loss of irreplaceable habitat, such as ancient woodland. In recognition of this paragraph 18 allows the Secretary of State to make regulations that modify or exclude the application of the general condition to irreplaceable habitat. Existing strong planning policy protections for irreplaceable habitat will remain, and will not be replaced or in any way undermined by the biodiversity gain requirement or any regulations to be made in relation to irreplaceable habitat. Sub-paragraph (2) specifies that, where development does impact irreplaceable habitats, regulations must require measures to be taken to minimise the negative impacts of this development on those habitats, and that those measures should be agreed with the planning authority where they are not made by the planning authority in the first place. Sub-paragraph (3) allows regulations to confer powers and duties on Natural England in relation to giving guidance on the treatment of irreplaceable habitat in development.
	Whilst it is generally agreed in practice that development cannot claim biodiversity net gain in cases when development results in land take from statutory protected sites (such as Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation, and Ramsar sites), development on such sites is not specifically exempted from the net gain requirement. The biodiversity metric does not address impacts on species, recognise the significance of site designations, or take account of indirect impacts, cumulative impacts or in-combination impacts. In recognition of these limitations, the biodiversity net gain requirement for development on such sites is additional to any existing legal or policy requirements for statutory protected areas and their features, including restoration and conservation of designated features and the achievement of favourable conservation status and favourable condition. These requirements will need to be dealt with separately by the developer and planning authority.
	Paragraph 19 allows the Secretary of State to modify the application of this Part to permissions for phased development or developments where subsequent approval has the effect of phasing development. Sub-paragraph (2) sets out that regulations may include provisions for biodiversity gain conditions to be included in the grant of planning permissions for these types of permission.
	Paragraph 20 gives the Secretary of State powers to modify or exclude the application of this Part to planning permissions for development already carried out, or planning permissions granted for the alteration or removal of buildings or works by any order requiring discontinuance of any use of land.
	Paragraph 21 makes provision for the Secretary of State to make provision as to the application of this Part of the Schedule to planning permission granted in relation to a purchase notice and the successful appeal of a planning enforcement notice.