#2026/492Biodiversity Gain Rules Start for Major Infrastructure Projects
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This regulation brings into force parts of the Environment Act 2021 that apply biodiversity gain requirements to nationally significant infrastructure projects in England. From 7 May 2026, the system for approving major infrastructure projects can require those projects to meet biodiversity gain objectives set out in a government biodiversity gain statement. The change matters for developers, infrastructure promoters, planning authorities, and environmental consultants working on large projects such as transport, energy, water, and other nationally significant schemes. Project teams will need to factor biodiversity gain into planning, evidence, design, and consent strategies where a biodiversity gain statement applies.
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Key Changes
- Brings section 99 and Schedule 15 of the Environment Act 2021 into force on 7 May 2026
- Applies biodiversity gain statements to nationally significant infrastructure projects in England
- Prevents development consent from being granted where an applicable biodiversity gain objective is not met
Obligations
What this law requires
From 7 May 2026, nationally significant infrastructure project applications in England to which a biodiversity gain statement applies cannot be granted development consent unless the Secretary of State is satisfied that the biodiversity gain objective in that statement is met.
When the next review of any relevant National Policy Statement concerning development in England occurs, the Secretary of State must include a biodiversity gain statement in that National Policy Statement.
Where no relevant National Policy Statement is in place for development in England, the Secretary of State may issue a biodiversity gain statement for nationally significant infrastructure projects, creating the basis for biodiversity gain requirements in affected development consent decisions.
Project teams seeking development consent for nationally significant infrastructure projects in England must ensure their applications, evidence, and project design can demonstrate satisfaction of any applicable biodiversity gain objective before consent can be granted.