Agenda item

Committee considered a detailed report in relation to the above application, presented by the Development Management and Land Charges Manager.

The application was initially referred to Committee on 10^th April 2024 due to financial viability issues, meaning normal S106 contributions were not able to be offered.  It was now being presented to Committee for consideration in light of proposed changes to the biodiversity mitigation measures as set out in the ecology and biodiversity considerations section of the report.  The Council’s scheme of delegation required applications which proposed significant changes to the size, scale or nature of proposals previously approved by the Committee that were more than non-material to be determined by the Planning Committee and not under delegation to officers.

Moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson

RESOLVED that the application be APPROVED subject to prior entry into a s.106 legal agreement containing the following planning obligations:

A.       Limitation over the occupation of the dwellings to affordable housing.

B.        A contribution of £81,000 to be used by the Council for the provision for off-site biodiversity mitigation measures, including mechanisms for initial investigations, provision, and long-term management and maintenance.

AND subject to the conditions listed in the supplementary report at Appendix B, except for: -

·       the amended 16 shown in Appendix C, as resolved at the earlier Committee meeting; and

·       revised condition 23 to reflect the revised information submitted as follows: -

23.  Off-site condition for management and Enhancement Plan (Condition 27)

A Biodiversity Habitat Enhancement and Management Plan (BHEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The aim of the plan is to provide details for the creation, enhancement and management of habitats and species off-site post development to provide a biodiversity net gain. The plan shall be suitable to provide to the management body responsible for the site. It shall include the following:-

a)    Description and location of features to be retained, created, enhanced and managed.

b)    Details for the enhancement of modified grassland including the results of soil analysis.

c)     Aims and objectives of management, in line with desired habitat conditions for grassland types as per Defra’s biodiversity metric.

d)    Appropriate management methods and practices to achieve aims and objectives.

e)    Prescriptions for management actions.

f)      Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).

g)    Details of the body or organization responsible for implementation of the plan.

h)    A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 5, 10, 15, 20, and 30 years.

i)      Monitoring reports to be sent to the Council at each of the intervals above.

j)      A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

k)     Requirement for a statement of compliance upon completion of planting and enhancement works.

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.  The approved plan will be implemented in accordance with the approved details.