Permitted Development Rights: Environment Protection
The question
To ask the Secretary of State for Environment, Food and Rural Affairs, what guidance her Department has issued on whether (a) nutrient credits, (b) biodiversity net gain payments, (c) Suitable Alternative Natural Green Space payments and (d) mitigation payments under the Habitats Regulations are required for development which is covered by permitted development rights that have not been removed by Article 4 directions.
Answered by Mary Creagh
Permitted development rights (PDRs) are subject to national conditions and limitations and therefore do not remove the need to comply with the Conservation of Habitats and Species Regulations 2017.
Where a development that benefits from PDR is likely to have a significant effect on a habitats site, a Habitats Regulations Assessment (HRA) must be carried out, and mitigation may be required. Where appropriate this could be delivered through nutrients credits or through payments which contribute towards the delivery of Suitable Alternative Natural Green Space.
Further advice is available at Habitats regulations assessments: protecting a European site and via Planning Practice Guidance: When is permission required? - GOV.UK.
Government guidance confirms Biodiversity net gain (BNG) does not apply to development granted permission by General Permitted Development Order. See: Understanding biodiversity net gain - GOV.UK.
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