Decision Maker: Executive Cabinet

Outcome: Recommendations approved

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: March 20, 2025

Purpose:

Content: 1.      To allow Chorley Council to enter standalone legal agreements (specifically Section 106 agreements) with private landowners to secure offsite Biodiversity Net Gain (BNG) within the borough; including: a)      Council officers can engage with landowners wanting to create a ‘biodiversity gain site’ or ‘habitat bank’ b)     The council is to adopt the BNG Habitat Banking Criteria (Appendix 1) to guide discussions and collation of relevant information from the landowner to inform proposals c)      Upon receipt of necessary information from landowners as set out in the criteria, officers can enter into negotiations with landowners with a view to: ·         Agree the site proposals; ·         Checking proposals are suitable and acceptable for offsite Biodiversity Net Gain (BNG); and ·         Agreeing a Section 106 (or ‘S106’) to secure the site and a 30-year Habitat Management and Monitoring Plan (HMMP), as appropriate. d)     The Chief Planning Officer will negotiate S106 agreements on this matter and amend the guidance in light of experience and/or updated guidance or legislation from the government, with the support of Council officers and Biodiversity Gain Project Lead. e)      That any such agreements will only be signed in consultation with officers, including the Director of Finance, Director of Property and Planning, Head of Legal and Procurement and the Biodiversity Gain Project Lead. 2.      To support Council officers to progress work, in principle, to put Council assets forward for off-site BNG. The decision to create habitat banks on individual sites to be delegated to the Executive Member for Economic Development and Public Service Reform), in consultation with the Director of Property and Planning, informed by a business case on a site-by-site basis.