Decision Maker: Cabinet

Outcome: Decision Made

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: March 20, 2025

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

Content: 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.