Proposal: Modification of planning obligation (Section 106 agreement) dated 30th September 2022 pursuant to application 20/00337/OUTM dated 30.09.2022 to modify Biodiversity Net Gain (BNG)

Applicant: Keepmoat Homes and Homes England

Agent: Kate Holland of Invicta Planning

Resolved:-

(a) That the Council enters into a Planning Obligation by Deed of Variation under Section 106 of the Town and Country Planning Act 1990 (as amended) to allow the following modifications to the Deed of Agreement dated 30th September 2022 pursuant to outline planning permission 20/00337/OUTM and as amended by Deed of Variation ref. 23/01656/DOV dated 10th July 2024:

(i) The Biodiversity Net Gain (BNG) requirement is changed to require a financial contribution of £400,000 to be paid to the Local Planning Authority, with £150,000 paid prior to the commencement of the development on the site, £125,000 paid prior to the commencement of the 47th dwelling on the site and £125,000 paid prior to the commencement of the 81st dwelling on the site. [Commencement of the development is defined in the S106 agreement, as “the date on which any material operation (as defined in Section 56(A) of the Act) forming part of the Development begins to be carried out other than…operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements…”] The £400,000 is to be retained by the Council for a period of up to 30 years, from its receipt and is to be spent on any of the following biodiversity enhancements within the City of Southend-on-Sea:

• Improve biodiversity by continuing to implement wildlife friendly schemes and management within the city’s parks and green spaces.

• Improve the existing number of Green Corridors within the city.

• Continue to deliver subsidised donated tree scheme.

• Create a network of community orchards.

• Creation of wildflower grassland and bulb planting.

• Planting of native and / or wildlife friendly scrub, shrubs and perennials.

• Planting of native and / or wildlife friendly trees including flowering orchard species.

• Planting of native and / or wildlife friendly climbers.

• Native woodland creation and / or enhancement.

• Enhancement of blue corridors through pond or scrape creation.

• Creation of reptile refuges and hibernacula within open green spaces and parkland.

• Nesting enhancement for invertebrates through measures such as installation of bee bricks, insect nesting aids and bug hotels.

• Enhancements for nesting birds through installation of nest boxes within new and existing buildings and onto suitable trees within parkland and open green spaces. Both generalist and priority species should be targeted such as swifts, house martins and house sparrows.

• Enhancements for roosting bats through installation of bat boxes within new and existing buildings and onto suitable trees within parkland and open green spaces.

• To fund or part fund an Ecologist or Biodiversity Net Gain Officer and/or associated ecological resources.

(b) That the Director of Planning and Economy or Service Manager – Development Management and Enforcement be DELEGATED to AGREE A MODIFICATION OF THE PLANNING OBLIGATION dated 30th September 2022 and previously signed pursuant to outline planning permission reference 20/00337/OUTM and as amended by previously signed Deed of Variation ref. 23/01656/DOV dated 10th July 2024. The relevant officer will have delegated powers to agree further modifications to the wording, provided that they do not comprise a material departure from the principles outlined within the submitted report.

(c) In the event that the Deed of Variation referred to in part (a) above has not been completed before 7th March 2025, or an extension of this time as may be agreed by the Director of Planning and Economy or Service Manager – Development Management and Enforcement, authority is delegated to refuse the application on the grounds that development would not secure the necessary Biodiversity Net Gain enhancements, in accordance with the requirements of the original permission and as the development would otherwise be contrary to National and Local Planning Policy.