Purpose

A
report to seek authority to enter into s106 agreements with Habitat
Banks for Biodiversity Net Gain.

Decision

RESOLVED –

 

That Council officers engage with those landowners
who wish to provide offsite biodiversity units via a Habitat Bank,
in order to facilitate development where additional offsite
Biodiversity Units are needed to enable development to demonstrate
and achieve a 10% net gain in biodiversity as required by the
Environment Act 2021 be approved.

 

That the Habitat Banks for Biodiversity Net Gain:
Indicative Criteria and Guidance as set out in Appendix A of this
Report to guide the discussions with landowners be
adopted.

 

That officers seek the necessary information from
landowners as set out in the guidance (Appendix A) and subject to
agreement on costs enter into negotiations with landowners with a
view to:

•      
Agreeing that the site and the proposals are
suitable and acceptable for offsite Biodiversity Net Gain provision
to facilitate development in the borough, and,

•      
Where a site is considered acceptable to both
parties work towards agreeing a s106 legal agreement or
Conservation Covenant that if executed will allow the landowner to
register the site onto the Natural England Biodiversity Site Gains
Register so that biodiversity units are available to be sold to
developers where appropriate be approved.
 

That the Head of Service be given delegated
authority to negotiate s106 agreements or Conservation Covenants on
this matter and amend the guidance in the light of experience
and/or relevant updated guidance or legislation from government be
approved

 

That any such agreements will only be signed with
the approval of, the Cabinet, Member for Planning, the Director of
Finance, Policy and Development (s151Officer), and the Head of
Legal Partnership and Monitoring Officer be approved.

 
REASON FOR DECISION: To
comply with the Environment Act 2021 that introduced a 10%
Biodiversity Net Gain requirement for all qualifying
developments.