keep The Biodiversity Gain Requirements (Exemptions) Regulations 2024
These regulations provide exemptions from the biodiversity gain planning condition (requiring developers to demonstrate biodiversity net gain) for various categories including small developments, householder applications, high speed rail, self-build housing (up to 9 dwellings), and developments with minimal habitat impact. They apply to England and Wales and include periodic review requirements.
While these exemptions create patchwork regulatory carve-outs, deleting them would expand the biodiversity gain condition to categories currently exempt, increasing compliance costs for small developers, householders, and self-builders. The underlying biodiversity gain requirement (from Schedule 7A to the TCPA 1990) would persist regardless. The exemptions, despite being imperfect carve-outs, prevent disproportionate regulatory burden on marginal developments and small builders—removing them would make Britons worse off by adding costs that could deter beneficial development.