The Environment Act 2021 (Commencement No. 10) Regulations 2025

Made: 3rd April 2025

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 147(3) and (10) of the Environment Act 2021[^f00001].

Citation and interpretation

1

• (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[^f00002].

Provisions coming into force on 1st May 2025

2

• (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[^f00003], 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.

Signed

Mary Creagh — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 3rd April 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

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.

Footnotes

[^f00001]: 2021 c. 30.

[^f00002]: 1990 c. 8.

[^f00003]: Schedule 7A is subject to amendments in S.I. 2025/418 which take effect on 1st May 2025.