Sch 7A para 9 Post-development biodiversity value
(1) This paragraph applies in relation to any development for which planning permission is granted where— (a) the person submitting the biodiversity gain plan for approval proposes to carry out works in the course of the development that increase the biodiversity value of the onsite habitat, and (b) the planning authority considers that the increase is significant in relation to the pre-development biodiversity value. (2) The increase in biodiversity value referred to in sub-paragraph (1) is to be taken into account in calculating the post-development biodiversity value of the onsite habitat only if the planning authority is satisfied that the condition in sub-paragraph (3) is met. (3) The condition is that any habitat enhancement resulting from the works referred to in sub-paragraph (1)(a) will, by virtue of— (a) a condition subject to which the planning permission is granted, (b) a planning obligation, or (c) a conservation covenant, be maintained for at least 30 years after the development is completed. (4) The Secretary of State may by regulations amend sub-paragraph (3) so as to substitute for the period for the time being specified there a different period of at least 30 years.