RPC opinion: impact of biodiversity gain regulations in England
Regulatory Policy Committee's opinion of the quality of the evidence and analysis in the impact assessment.
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The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 amend Biodiversity Net Gain requirements for small developments in England.
The Regulatory Policy Committee (RPC) gave a ‘red’ rating to the impact assessment for the regulations on 22 July 2026. This means that we considered the assessment from the Department for Environment, Food and Rural Affairs to be ‘not fit for purpose’ based on our scrutiny of the evidence and analysis supporting the case for why regulation is necessary.
Our rating is advisory and does not reflect the merits of the policy itself. It does not prevent a department from proceeding with legislation, but it is published transparently and informs ministerial decision making and parliamentary scrutiny.