Purpose

To consider the report of the Cabinet Member
for Economic Development seeking approval for delegated authority
to the Executive Director of Growth & Prosperity relating to
matters concerning the Partnership for South Hampshire’s
Inter-Authority Agreement (IAA) for nutrient mitigation. The
delegated authority requested relates to entry into the agreement,
minor amendments to the IAA and identification of the Council as a
“Benefiting Authority” for projects delivered through
the IAA, in consultation with the Council’s S151 Officer and
Cabinet Member for Economic Development.

Decision

(i) 
To delegate authority to the Executive Director of Growth and
Prosperity to enter into and become a party to the Inter Authority
Agreement (IAA) by way of a deed of adherence and to agree to any
minor amendments from time to time.
(ii) 
To delegate authority to the Executive Director of Growth
and  Prosperity to agree the Council as
a Benefiting Authority and/or Host Authority for projects delivered
through the Inter Authority Agreement following consultation with
the Council’s S151 Officer and Cabinet Member for Economic
Development.

Reasons for the decision

1.  The
Council, as Local Planning Authority, needs to ensure that
sufficient nutrient mitigation is available to meet planned growth.
Without sufficient mitigation, planned development may not be able
to proceed. Whilst there is a private supply of mitigation across
the majority of impacted areas across the Solent, regular reporting
of the relative supply of mitigation has shown that the private
market is unable to supply a sufficient amount of mitigation to
maintain a 5-year supply within the market across the Solent
sub-region. Additionally, reliance on the private market requires
substantial work on cross boundary legal agreements in order to
ensure compliance with the Habitat Regulations as Competent
Authorities in decision making.
 
2.  The IAA
aims to create an ongoing framework to provide mitigation in the
sub-region and to ensure a 5-year supply of mitigation by working
alongside the private market to provide a supply of mitigation for
developers for those authorities that do not yet have their own
mitigation strategies. It is also proposed that projects delivered
through the IAA deliver multiple benefits, including the provision
of BNG units and removing the need for cross-boundary legal
agreements for projects delivered through the IAA.
 

Alternative options considered

Do Nothing: Southampton City Council, as local
planning authority must comply with the Habitat Regulations when
granting planning permission. Planning permissions issued by the
Council could be challenged if it is unable to secure a 5-year
supply of nitrate mitigation.
 
It is also proposed that projects delivered
through the IAA deliver multiple benefits, including the provision
of BNG units and removing the need for cross-boundary legal
agreements for projects delivered through the IAA. This opportunity
would be lost to Southampton by not being part of the IAA.