The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026

• Citation: S.I. 2026/790
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026.

(2) These Regulations come into force on 6th August 2026.

(3) These Regulations extend to England and Wales.

Section 2 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

In article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (meaning of biodiversity gain hierarchy)—

(a) in sub-paragraph (b) for “in relation to any onsite habitat which is adversely affected by the development” substitute “in relation to any onsite habitat which is adversely affected by major development” .

(b) after sub-paragraph (b) insert—

(c) in relation to any onsite habitat which is adversely affected by development which is not major development, compensating for that adverse affect by—

(i) habitat enhancement of onsite habitat, creation of onsite habitat or the availability of registered offsite biodiversity gain for allocation to that development;

(ii) insofar as none of the actions in sub-paragraph (i) can be done, the purchase of biodiversity credits.

Section 3 Amendment of the Biodiversity Gain Requirements (Exemptions) Regulations 2024

In the Biodiversity Gain Requirements (Exemptions) Regulations 2024 —

(a) after regulation 7 (biodiversity gain site) insert—

Development no larger than 0.2 hectares

(7A)

(1) The biodiversity gain planning condition does not apply in relation to planning permission for development which meets the first and second conditions.

(2) The first condition is that the development does not impact an onsite priority habitat.

(3) The second condition is that the development is carried out on a site which has an area no larger than 0.2 hectares.

(4) The exemption in paragraph (1) does not apply in relation to planning permission where the application for planning permission was made before 6th August 2026.

(5) The exemption in paragraph (1) does not apply in relation to a section 73 planning permission where—

(a) the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or

(b) the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026.

(6) In this regulation—

(a) “ original planning permission to which the section 73 planning permission relates ” has the same meaning as in regulation 3;

(b) “ priority habitat ” has the same meaning as in regulation 4 ;

(c) “ section 73 planning permission ” has the same meaning as in regulation 3;

(d) a habitat is impacted where the habitat is lost or degraded such that there is a decrease in the biodiversity value of that habitat.

Temporary development

(7B)

(1) The biodiversity gain planning condition does not apply in relation to planning permission for development which meets the first, second and third conditions.

(2) The first condition is that the development does not impact an onsite priority habitat.

(3) The second condition is that the whole of the development for which the planning permission is granted consists solely of temporary development.

(4) The third condition is that the specified period does not exceed five years.

(5) The exemption in paragraph (1) does not apply in relation to planning permission where the application for planning permission was made before 6th August 2026.

(6) The exemption in paragraph (1) does not apply in relation to a section 73 planning permission where—

(a) the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or

(b) the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026.

(7) The exemption in paragraph (1) does not apply in relation to planning permission for temporary development where the effect of that planning permission, when taken together with any earlier grant or grants of planning permission for the same temporary development, is that the total of the specified periods exceeds five years.

(8) For the purposes of this regulation—

(a) “ original planning permission to which the section 73 planning permission relates ” has the same meaning as in regulation 3;

(b) “ priority habitat ” has the same meaning as in regulation 4;

(c) “ section 73 planning permission ” has the same meaning as in regulation 3;

(d) “ specified period ” means the period specified in the condition imposed on the grant of planning permission at the end of which—

(i) any buildings or works authorised by the permission are required to be removed;

(ii) any use of the land authorised by the permission is required to be discontinued; and

(iii) any works to reinstate the land are required to be completed.

(e) “ temporary development ” means development for which planning permission is granted subject to a condition imposed under section 72(1)(b) of the Town and Country Planning Act 1990;

(f) a habitat is impacted where the habitat is lost or degraded such that there is a decrease in the biodiversity value of that habitat.

(b) omit regulation 8.

Section 4 Transitional and Saving Provision

(1) Article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015 continues to have effect as if it had not been amended by regulation 2 for the purpose of a biodiversity gain plan which relates to—

(a) planning permission where the application for planning permission was made before 6th August 2026; or

(b) a section 73 planning permission where the application for planning permission was made on or after 6th August 2026 and where—

(i) the application for the original planning permission to which the section 73 planning permission relates was made before 6th August 2026; or

(ii) the original planning permission to which the section 73 planning permission relates was granted before 6th August 2026.

(2) Notwithstanding the amendment made by regulation 3(b), regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 continues to have effect, in relation to planning permission, in any case where the application for the planning permission was made before 6th August 2026.

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

(a) the application for planning permission was made on or after 6th August 2026; and

(b) the biodiversity gain planning condition did not apply to the original planning permission to which the section 73 planning permission relates by virtue of the exemption in regulation 8 of the Biodiversity Gain Requirements (Exemptions) Regulations 2024 as that regulation had effect immediately before the amendment made by regulation 3(b).

(4) In this regulation—

“ biodiversity gain planning condition ” means the condition referred to in paragraph 13 (general condition of planning permission) of Schedule 7A to the Town and Country Planning Act 1990;

“ 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;

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