Sch 7A para 6 Pre-development biodiversity value
If— (a) a person carries on activities on land on or after 30 January 2020 otherwise than in accordance with— (i) planning permission, or (ii) any other permission of a kind specified by the Secretary of State by regulations, and (b) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.