The Environment Act 2021 (Commencement No. 10) Regulations 2025
The Environment Act 2021 (Commencement No. 10) Regulations 2025, effective May 1, 2025, implement several sections of the Environment Act 2021 concerning biodiversity net gain.
These sections, primarily impacting planning permissions in England, introduce a condition within the Town and Country Planning Act 1990 to ensure that all new developments contribute towards increasing biodiversity.
The regulations clarify specific parts of the relevant legislation that come into effect and explain the integration of these additions into existing planning processes.
While no independent cost impact assessment was deemed necessary for these regulations, reference is made to a broader impact assessment on the Environment Act 2021.
Arguments For
Intended Benefits: The regulations aim to enhance biodiversity by mandating biodiversity net gain as a condition of planning permission, contributing to environmental protection and ecological restoration.
Evidence Cited: The regulations are based on the Environment Act 2021, which establishes the legal framework for biodiversity net gain. The explanatory note cites a full impact assessment related to the Act.
Implementation Methods: The regulations specify the sections of the Environment Act 2021 and the Town and Country Planning Act 1990 that come into force and how they interact to achieve biodiversity net gain.
Legal/Historical Basis: The regulations are made under the powers conferred by section 147(3) and (10) of the Environment Act 2021, providing a clear legal basis for their enactment.
Arguments Against
Potential Impacts: Implementing biodiversity net gain might increase the cost and complexity of planning applications, potentially delaying development projects.
Implementation Challenges: Ensuring consistent application of the biodiversity net gain condition across all planning permissions may face challenges and require careful monitoring and enforcement.
Alternative Approaches: Alternative approaches to biodiversity protection might be considered, such as voluntary agreements or market-based mechanisms. These may offer flexibility not included in the current legislation.
Unintended Effects: The impact on smaller development projects or projects in specific geographic areas needs to be assessed to avoid disproportionate impacts.
- Citation and interpretation (1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 10) Regulations 2025. (2) In these Regulations— “the Act” means the Environment Act 2021; “the 1990 Act” means the Town and Country Planning Act 1990.
This section establishes the title of the regulations as the "Environment Act 2021 (Commencement No. 10) Regulations 2025." It also defines key terms used throughout the document, namely 'the Act' as referring to the Environment Act 2021 and 'the 1990 Act' referring to the Town and Country Planning Act 1990.
- Provisions coming into force on 1st May 2025 (1) The following provisions of the Act come into force on 1st May 2025— (a) section 98 (biodiversity gain as condition of planning permission) in so far as it relates to the provisions commenced by sub-paragraph (b) of this paragraph; (b) paragraphs 1 and 2 of Schedule 14 (biodiversity gain as condition of planning permission) in so far as they insert the following provisions of Schedule 7A to the 1990 Act, for the purposes mentioned in paragraph (2) of this regulation— (i) paragraphs 1 and 2; (ii) paragraphs 5 to 11; (iii) paragraph 12(1), except paragraph (a) in the definition of “planning authority”; (iv) paragraph 12(3); (v) paragraphs 13 to 21. (2) The purposes referred to in paragraph (1)(b) of this regulation relate to planning permission granted on an application made under Part 13 of the 1990 Act.
This section specifies which parts of the Environment Act 2021 will come into force on May 1st, 2025.
These provisions concern the implementation of biodiversity net gain as a condition of planning permission.
Specifically, section 98 of the Act and several paragraphs from Schedule 14 are activated, inserting Schedule 7A into the 1990 Act.
This insertion dictates that biodiversity gain will be a condition attached to planning permissions.
Clause (2) clarifies that these regulations only focus on planning applications under Part 13 of the 1990 Act.
Mary Creagh Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 3rd April 2025
This section provides the signature and information of Mary Creagh, Parliamentary Under Secretary of State at the Department for Environment, Food and Rural Affairs along with the date of signing, signifying the official approval of the regulations.
Explanatory Note (This note is not part of the Regulations) These Regulations bring into force provisions of the Environment Act 2021 (c. 30) (“the Act”). These are the tenth commencement regulations made by the Secretary of State under the Act. Regulation 2 brings into force on 1st May 2025 specified sections of the Act. Section 98 of, and paragraphs 1 and 2 of Schedule 14 to, the Act insert Schedule 7A into the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) (together with section 90A which introduces it). Schedule 7A to the 1990 Act makes provision for a statutory condition to apply to all planning permissions granted in England, subject to a power to grant exceptions. The condition is intended to ensure the biodiversity gain objective is met. The provisions in Schedule 7A to the 1990 Act are commenced so far as they relate to planning permissions granted on application made under Part 13 of the 1990 Act. An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.
The explanatory note summarizes the regulations' purpose: to bring into force specific parts of the Environment Act 2021 related to biodiversity net gain.
It explains that these regulations, the tenth set under the Act, implement a condition requiring biodiversity net gain for planning permissions in England by amending the 1990 Act.
The note also clarifies that no separate impact assessment was published as the regulations' cost impacts are linked to the broader Environment Act.
It directs readers to sources for the broader impact assessment.
NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Environment Act 2021 (c. 30) have been brought into force by commencement Regulations made before the date of these Regulations;[Table of previously commenced sections]
This note provides a table (not included in the markdown) listing provisions of the Environment Act 2021 that were brought into force by previous commencement regulations.
It provides the provision, commencement date and statutory instrument number for each entry.